C25550007.RFP.SoundRegulation_2.pdf

Request for Proposal (Secondary) Sound Regulation and Enforcement Training

C25550007

Department of Parks and Recreation Off-Highway Motor Vehicle Recreation Division

May 2025

Table of Contents

1.0 PURPOSE AND OVERVIEW OF RFP

1.1 BRIEF DESCRIPTION OF SERVICES

1.2 DEFINITIONS

1.3 ACRONYMS

2.0 PROCUREMENT SCHEDULE AND PROCESS

2.1 AUTHORITY’S DESIGNATED POINT OF CONTACT

2.2 ADDENDA TO THE RFP

2.3 NON-COMMITMENT OF DPR

2.4 PROPERTY RIGHTS

2.5 IMPROPER COMMUNICATIONS AND CONTACTS

2.6 CONFIDENTIALITY

2.7 UNRUH CIVIL RIGHTS ACT AND THE FAIR EMPLOYMENT AND HOUSING ACT

3.0 SUBMITTAL OF THE PROPOSALS

3.1 PROPOSAL SUBMITTAL INFORMATION

3.2 LATE SUBMITTALS

3.3 MODIFICATION OR WITHDRAWAL OF PROPOSALS

4.0 PROPOSAL REQUIREMENTS

4.1 GENERAL REQUIREMENTS

4.2 TRANSMITTAL LETTER

4.2.1 Proposal Minimum Requirements

4.3 EXECUTIVE SUMMARY

4.4 CONTENTS OF THE PROPOSAL

4.4.1 Past Performance and Experience

4.4.2 Understanding of the Statement of Work

4.4.3 Key Personnel and Staffing Plan

4.4.4 Small Business and Participation and Preference

4.4.5 Disabled Veteran Business Enterprise Requirement and Incentive

4.4.6 Target Area Contract Preference Act (TACPA)

4.4.7 Cost Proposal

5.0 EVALUATION

5.1 PROPOSAL REVIEW

5.2 PROPOSER EVALUATION

5.2.1

5.2.2

Minimum Requirements Proposal Evaluation

5.3 5.4 5.5

Notice of Proposed Award

EXECUTION AND AWARD PROCESS

NO AGREEMENT UNTIL SIGNED AND APPROVED

6.0 PROTEST PROCEDURES

List of Tables

Table 1: Key RFP Dates

List of Attachments Attachment A: Minimum Requirements Checklist Attachment B: Criteria for Awarding Points for Proposal Attachment C: Statement of Work Attachment D: Cost Proposal Attachment E: Sample Agreement

List of Forms and Certifications

Forms:

Form A:

Form B:

Certifications:

Cert. 1:

Cert. 2:

Cert. 3:

Cert. 4:

Cert. 5:

Cert. 6:

Cert. 7:

Bidder Declaration (GSPD 05-105) Disabled Veteran Business Enterprise Declaration (DGS PD843)

STD 204, DPR88, and CCC-04/2017 Iran Contracting Certification Darfur Contracting Act Certification Major Participant Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification Subcontractor Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification California Civil Rights Laws Certification DPR 87 CUF Bidder Certification

1.0 Purpose and Overview of RFP

The following list provides a general overview of information related to the subject of this Request for Proposals (RFP):

1. The Department of Parks and Recreation (DPR), Off Highway Motor Vehicle Recreation Division (OHMVR) is issuing this RFP to receive Proposals from qualified firms (Proposers) to provide Sound Regulation and Enforcement training.

2. This procurement will be based on meeting the minimum requirements and technical scores. Responsive Proposals submitted in response to this RFP will be evaluated with the intent of awarding an Agreement to the highest ranked Proposer.

3. The Agreement period will start upon September 1, 2025, or upon DGS approval of the Agreement and will extend three (3) years. The Work will start with an Authorization to Commence Work Notice. No Work may begin prior to the receipt of an Authorization to Commence Work Notice.

4. This RFP will be available in electronic format on the State’s Contract Register at caleprocure.ca.gov which is the official site.

All questions regarding this RFP must be submitted in writing to the email address of the individual identified in Section 3.1 of this RFP by the date and time listed in Section 2.0, Table 1. All such questions shall use the subject line: C25550007 Sound Regulation and Enforcement Training.

Responses to questions submitted will be posted on the State’s Contract Register and a courtesy copy will be sent to those who submitted questions.

1.1 Brief Description of Services

See Attachment C for the full Statement of Work.

The OHMVR Division is seeking a qualified firm to provide classroom and practical/hands-on training for sound regulation and enforcement training.

1.2 Definitions

Whenever used in this RFP, the following terms have the definitions indicated:

Agreement – The contract between the Authority and the successful Proposer executed because of this procurement.

Business day – Monday through Friday, except for federal or State holidays, between the hours of 8:00 a.m. and 5:00 p.m., Pacific Time. Lists of federal and State holidays can be found at www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays

Sound Regulation and Enforcement Training C25550007 http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays

Commercially Useful Function – The DPR will uniformly apply CUF Best Practices standards in collective consideration of CUF standards set forth by 49 CFR Part 26.55 (c)-(d), Government Code section 14837, California Code of Regulations section 1896.4(h), and Military and Veteran Code section 999(b) (5). A SB, DVBE, and MB is deemed to perform a CUF if the business meets the following CUF standards:

1. Performs a CUF when a SB/MB/DVBE is responsible for the execution of a distinct element of work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.

2. Performs work that is normal for its business services and functions.

3. Be responsible, with respect, to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing and paying for the material itself.

4. A SB/MB/DVBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SB/MB/DVBE participation.

5. A SB/MB/DVBE does not perform a CUF if it subcontracts a greater portion of the work than would be expected by normal industry practices.

Contractor – The successful Proposer that executes the Agreement with the Authority because of this RFP.

Day – Business Day, unless otherwise noted.

Disabled Veteran Business Enterprise – A for-profit business concern that meets the certification requirements set forth in California Military and Veterans Code section 999(b)(7), including but not limited to at least 51 percent owned by a veteran of the United States Military who has at least a 10 percent service-connected disability. To be counted towards meeting the goals of the Small Business Program, a Disabled Veteran Business Enterprise must be certified by the California Department of General Services.

Key Personnel – Those individuals identified in the Proposer’s Proposal to fill the roles specified in Section 4.4.3.

Microbusiness – A for-profit small business concern that meets the certification requirements set forth in California Government Code section 14837(d) and California Code of Regulations sections

1896.4 (Definitions) and 2894.12 (Eligibility) including but not limited to its principal office is located in California, its owners reside in California, it not be dominant in its field and it have an average gross annual revenue of $3.5 million or less over the previous three tax years. To be counted towards meeting the goals of the Small Business Program, the Microbusiness must be certified by the California Department of General Services.

Sound Regulation and Enforcement Training C25550007

Open Government Laws – Collectively, the California Public Records Act (Government Code section 6250, et seq.), the Bagley-Keene Open Meeting Act (Gov. Code section 11120, et seq.),and the Freedom of Information Act (5 U.S.C. section 552, as amended by Public Law No.

104-231, 110 Stat. 3048) and other applicable State and federal open records laws.

Person – Any individual, corporation, company, joint venture, partnership, trust, unincorporated organization, or governmental agency including the Authority.

Proposer – A Person that submits a Proposal in response to this Request for Proposals.

Proposer Team – Collectively, the Proposer and its members and Subcontractors.

Public Records Act – The California Public Records Act, Government Code section 6250 et seq.

Small Business – A for-profit business concern that meets the certification requirements set forth in California Government Code section 14837(d) and California Code of Regulations sections

1896.4 (Definitions) and 2894.12 (Eligibility) including but not limited to that its principal office is located in California, its owners reside in California, it not be dominant in its field and it have average gross annual revenue of $14 million or less over the previous three tax years. To be counted towards meeting the goals of the Small Business Program, a Small Business must be certified by the California Department of General Services.

State – The State of California.

Subcontractor – Defined as follows:

a. Prior to award of any Agreement resulting from this RFP, any Person with whom the Proposer proposes to enter into a subcontract for any part of the Work, or that will enter into a subcontract for any part of the Work, at any tier; or

b. After award of any Agreement resulting from this RFP, any Person with whom the Proposer has entered into a subcontract for any part of the Work, or with whom any Subcontractor has further subcontracted any part of the Work, at all tiers.

Work – All of the tasks required under the Agreement resulting from this RFP.

1.3 Acronyms

CNRA California Natural Resources Agency

CUF Commercially Useful Function

DGS Department of General Services

DVBE Disabled Veteran Business Enterprise

Sound Regulation and Enforcement Training

FOIA Freedom of Information Act

MB Microbusiness

RFP Request for Proposal

SB Small Business

DPR Department of Parks and Recreation

OHMVR Off-Highway Motor Vehicle Recreation Division

2.0 Procurement Schedule and Key RFP Dates:

Process Table 1:

Key Dates Activity Description

RFP advertised

Last day to submit written questions

Responses posted to written questions

Proposals due at the address specified in Section 4.1 of this RFP by 2:00 PM Pacific Time.*

Notice of Proposed Award released by 5 PM Pacific Time

Proposed Agreement Start Date *All dates subsequent to the Proposal deadline may be modified at the discretion of DPR without issuing a formal addendum to this RFP.

2.1 Authority’s Designated Point of Contact

The Authority’s Designated Point of Contact for communications concerning the Project or this RFP shall be as follows:

Vanessa Baeza

California Department of Parks and Recreation OHMVR Division

PO Box 942896 Sacramento, CA 95814 Phone: (916) 324-4442

Email: ohmvr.contracts@parks.ca.gov

05/29/2025

06/02/2025

06/5/2025

06/16/2025

06/18/2025

09/01/2025

Sound Regulation and Enforcement Training C25550007 mailto:ohmvr.contracts@parks.ca.gov

Persons intending to submit Proposals in response to this RFP shall not contact or discuss any items related to this process with any DPR staff other than the Point of Contact listed above.

Failure to comply with this communication prohibition may result in disqualification.

2.2 Addenda to the RFP

Department of Parks and Recreation (DPR) reserves the right to amend this RFP by addendum before the final date of Proposal submission. It is the responsibility of the Proposer to check the State’s Contract Register for all addenda.

2.3 Non-Commitment of DPR

This RFP does not commit DPR to award a contract, to pay any costs incurred in the preparation of a Proposal, or to procure or contract for services or supplies. DPR reserves the right to accept or reject any or all Proposals received as a result of this RFP, or to modify or cancel in part or in its entirety the RFP if it is in the best interests of DPR to do so.

2.4 Property Rights

Proposals received within the prescribed deadline become the property of DPR and all rights to the contents therein become those of DPR. All material developed and produced for DPR under any Agreement resulting from this RFP shall belong exclusively to the State of California. All products used or developed in the execution of any Agreement resulting from this RFP will be governed in accordance with the Intellectual Property section in Attachment E, Sample Agreement.

2.5 Improper Communications and Contacts

The following rules of contact shall apply during this procurement that began upon the date of issuance of this RFP and will be completed with either the execution of any Agreement resulting from this procurement or the cancellation of the procurement. These rules are designed to promote a fair and unbiased procurement process. Contact includes, but is not limited to, face-to- face, telephone, facsimile, e-mail, or formal written communication.

The specific rules of contact are as follows:

1. After submittal of Proposals, no Proposer or any of its team members may communicate with another Proposer or its team members with regard to the RFP or any other team’s Proposal with the exception of Subcontractors that are shared between two or more Proposer Teams.

In such cases, those Subcontractors may communicate with their respective team members so long as those Proposers establish a protocol to ensure that the Subcontractor will not act as a conduit of information between the teams (contact among Proposer organizations is allowed during DPR sponsored informational meetings). Protocols established to ensure that Subcontractors do not act as conduits of information between teams are subject to DPR review and approval, at DPR’ discretion.

Sound Regulation and Enforcement Training

2. Proposers shall correspond with DPR regarding the RFP only through the Designated Point of Contact (see Section 3.1 of this RFP).

3. Proposers shall not contact the entities listed below regarding this procurement, including any employees, representatives, and members regarding this RFP:

1. California Natural Resources Agency (CNRA)

2. California Department of General Services (DGS), except to file a Protest as outlined in Section 6.0 of this RFP.

3. California Department of Parks and Recreation (DPR)(except as provided in this

RFP)

4. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFP or the procurement or from participating in public meetings of the Authority or any Authority workshop related to this RFP.

5. Any communication determined to be improper, at the sole discretion of DPR, may result in disqualification.

6. DPR will not be responsible for any oral exchange or any other information or exchange that occurs outside the official RFP process.

2.6 Confidentiality

Proposers shall not submit confidential information in their Proposals. Any information submitted during the procurement process will be discoverable under a California Public Records Act request after the procurement is complete.

All written correspondence, exhibits, photographs, reports, printed material, tapes, electronic disks, and other graphic and visual aids submitted to the Authority during this procurement process, including as part of a response to this RFP are, upon their receipt by DPR, the property of DPR and are subject to the Open Government Laws. None of the aforementioned materials will be returned to the submitting parties. Proposers should familiarize themselves with the Open Government Laws, including the Public Records Act.

If a Proposer has special concerns about information that it desires to make available to DPR but which it believes constitutes a trade secret, proprietary information, or other information exempt from disclosure, such Proposer should specifically and conspicuously designate that information as “TRADE SECRET” or “CONFIDENTIAL” in its filed response to this RFP. Blanket, all- inclusive identifications by designation of whole pages or sections as containing proprietary information, trade secrets, or confidential commercial or financial information shall not be permitted and shall be deemed invalid. The specific proprietary information, trade secrets, or confidential commercial and financial information must be clearly identified as such. Under no circumstances, however, will DPR be responsible or liable to the Proposer or any other party for the disclosure of any such labeled materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of the

Sound Regulation and Enforcement Training

Authority or its officers, employees, contractors, or consultants.

2.7 Unruh Civil Rights Act and the Fair Employment and Housing Act Pursuant to Public Contract Code section 2010, the Proposer has a completed Cert. 7: California Civil Rights Laws Certification, certifying compliance with the following:

1. California Civil Rights Laws: For contracts over $100,000 executed or renewed after January 1, 2017, the Proposer certifies compliance with the Unruh Civil Rights Act (section 51 of the Civil Code) and the Fair Employment and Housing Act (section 12960 of the Government Code); and

2. Employer Discrimination Policies: For contracts over $100,000 executed or renewed after January 1, 2017, if a Proposer has an internal policy against a sovereign nation or peoples recognized by the United States government, the Proposer certifies that such policies are not used in violation of the Unruh Civil Rights Act (section 51 of the Civil Code) or the Fair Employment and Housing Act (section 12960 of the Government Code).

3.0 Submittal of the Proposals

Proposals must be submitted no later than 2:00 pm on Thursday, June 5, 2025.

3.1 Proposal Submittal Information

Proposals submitted in response to this RFP shall emailed to ohmvr.contracts@parks.ca.gov.

3.2 Late Submittals

In accordance with California Public Contract Code section 10344, Proposals received after the specified date and time are considered late and will not be accepted. There are no exceptions to this law. Postmark dates of mailing, e-mail and facsimile (fax) transmissions are not accepted under any circumstances and are not acceptable toward meeting the submission deadline for Proposal delivery. A Proposal is late if received any time after the date and time listed in Table 1.

Proposals received after the specified time will not be considered and will be returned unopened to the Proposer. Proposers are responsible for requesting a receipt or delivery confirmation for delivery of their Proposal packages.

3.3 Modification or Withdrawal of Proposals

Any Proposal received may be withdrawn or modified before the Proposal submittal date by written request, signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new Proposal prior to the Proposal Due Date. The only method for a Proposer to modify its Proposal is by withdrawing its submission in its entirety prior to the Proposal deadline, by written notification to DPR. A complete, corrected submission package may be resubmitted prior to the Proposal deadline. Modifications offered in any other manner will not be considered.

Sound Regulation and Enforcement Training C25550007

4.0 Proposal Requirements

Proposals must be submitted electronically with all necessary fully executed proposal submission documents as an attachment in Portable Document Format (PDF). Proposal submission time will be as of the electronic stamp associated with when the electronic email submission was received.

Submissions with attached PDF documents in excess of 10 Megabytes in size risk being rejected and can be deemed unresponsive. Individual interested in calling into the Proposal Opening must send their request to ohmvr.contracts@parks.ca.gov to receive a conference participation code.

Please ensure request for the conference is submitted 24 hours in advance to allow DPR adequate time to accommodate all proposers.

The following summarizes the content and organization of the Proposal. In addition to the information described below, the Authority may require confirmation or clarification of information furnished by a Proposer. Omissions, inaccuracies, or misstatements will be sufficient cause for rejection of a Proposal.

4.1 General Requirements

The Proposal shall be typewritten and may be either electronically or manually signed. Forms and Certifications may be completed in ink, though providing typewritten Forms and Certifications is preferred. All documents contained in the original Proposal package must have original signatures and must be signed by a person who is authorized to bind the Proposer. All additional Proposal sets may contain photocopies of the original package. Scanned or faxed Proposals are not acceptable and will not be considered.

The Proposal shall comply with the following requirements:

1. Documents should be prepared in single-spaced type, 12 point font, on 8-1/2” x 11” sheets printed double-sided. A page is considered a single side of an 8-1/2” x 11” sheet. Should the Proposer wish to submit materials that benefit from larger format paper sizes such as charts, drawings, graphs and schedules then they should do so sparingly. Large format pages will be included in the page limit.

2. Pages should be numbered to show the page numbers and total number of pages in the response; (e.g., Page 1 of 20, Page 2 of 20, etc.). Page numbers should be numbered at the bottom of the page.

3. The Proposal shall be no more than 15 pages in length, exclusive of the Transmittal Letter, resumes as required by Section 4.2, references as required by Section 4.4.1.1, and the Forms and Certifications, which are not included in the page count.

4. Brochures, extraneous publications such as published articles, directories, lengthy client lists, and other miscellaneous materials not specifically requested will not be evaluated.

5. If submitting as a team, note which entity is the prime Proposer or lead joint venture partner (if applicable).

6. Note the individual who will be the point of contact authorized to bind the Proposer.

Sound Regulation and Enforcement Training C25550007

7. All names and applicable titles shall be typed or printed below the signatures.

8. Forms A through B and Certification Nos. 1 through 10 must be signed and included. If erasures or other changes appear on the forms, each erasure or change shall be initialed and dated by the person signing the response.

4.2 Transmittal Letter

The Proposal shall be transmitted with a letter that must be signed by an official authorized to bind the Proposer contractually and shall contain a statement that indicates the Proposal is complete and accurate. The Transmittal Letter shall include a statement affirming that the Proposer has or is able to obtain the required insurance specified in the Sample Agreement, Attachment E, Exhibit D of this RFP. The Transmittal Letter shall also provide the following: names, titles, addresses, telephone numbers, and email addresses of individuals authorized to negotiate and contractually bind the Proposer. All Forms and Certifications shall be manually signed and included as attachments in the Transmittal Letter section. Neither the Transmittal Letter, nor attachments to the Transmittal Letter in this Section

4.2 will be included in the page count. Proposers shall affirm in the Transmittal Letter that the Minimum Requirements of Section 4.2.1 are met.

The Transmittal Letter shall include the following:

1. The Proposer must hold valid and appropriate licensure to do business in the State of California.

2. The Proposer must identify the Proposer’s Contract Manager or Relevant Key Personnel Position assigned to manage any Agreement awarded pursuant to this RFP.

3. The Proposer must provide resumes for the Key Personnel. Resumes shall be attached to the Transmittal Letter.

4. The Proposer must provide all necessary information and forms required showing proof of small business participation consistent with Section 4.4.4. All SB/DBE/DVBE forms and certifications provided with the Proposal shall be valid at the time of Proposal submittal. All known Subcontractors shall be identified on Form A. The successful Proposer will be permitted to add additional Subcontractors as allowed by the Agreement during the term of the Agreement, but such additional Subcontractors will not count towards the SB goal for purposes of Proposal evaluation.

5. The Proposer must affirm in the Transmittal Letter that it has or is able to obtain the required insurance, specified in Attachment E, Sample Agreement, Exhibit D of this RFP. Certificates of insurance are due from the successful Proposer before execution of the Agreement resulting from this RFP.

6. The Proposer must provide three references for the firm as required in Section 4.4.1.1 (including all required information and/or documentation). Contact information for the

Sound Regulation and Enforcement Training references shall be attached to the Transmittal Letter, and all other information related to the references shall be included in the body of the Technical Proposal as required in Section 4.4.1.1.

7. The Proposer must provide the Transmittal Letter with all required Forms and Certifications.

8. The Proposer must affirm in the Transmittal Letter that it has not been terminated from another contract for default or has not received a civil judgment or criminal conviction against the Proposer in the past five years.

9. The Proposer shall attach to the Transmittal Letter a letter of commitment from each identified Subcontractor, including any relevant licenses and positions in which the Subcontractor is anticipated to work.

4.2.1 Proposal Minimum Requirements

Proposers must satisfy all the Minimum Requirements listed below. Failure to satisfy all of the Minimum Requirements at the time of Proposal submission, unless otherwise specified, will result in the immediate rejection of the submission. The successful Proposer must continue to satisfy all of the Minimum Requirements throughout the term of any Agreement resulting from this RFP.

The Minimum Requirements for this RFP are:

1. The Proposer shall satisfy the requirements of Section 4.2 of this RFP.

2. The Proposer shall satisfy all of the requirements of Section 4.4.1.1 of this RFP References.

4.3 Executive Summary

Proposers may include an Executive Summary, preferably not exceeding two pages, stating key points of their Proposals that they believe highlight their qualifications to provide the services covered under this RFP. As such, the Executive Summary may emphasize the Proposer’s strengths as fully described in the balance of the Technical Proposal. Proposers should be aware that the Executive Summary will not be separately evaluated and that it will count against the page limitations.

4.4 Contents of the Proposal

Using the following criteria in Section 5.2.1, as a minimum, Proposers shall provide straightforward and concise descriptions of the Proposer’s ability to provide the services requested in this RFP.

This section contains the Technical Proposal requirements of this RFP. Proposal shall also include Section 4.4.2 Understanding of the Statement of Work criteria and in Section 5.2.1 Minimum Requirements.

4.4.1 Past Performance and Experience

DPR intends to contract with a team with a proven track record of successfully providing

Sound Regulation and Enforcement Training projects identified provide the experience preferred in this RFP.

Provide the following information, and explain how the Proposer meets the past experience criteria:

• Successful delivery on past projects of similar scope and complexity;

• Five years’ experience performing the tasks within the Statement of Work provided in Attachment C.

• Demonstration of cost savings and schedule improvement methodologies used on past projects; and

• Demonstration of successful and repeatable past approaches to delivering high-quality products with schedule constraints.

4.4.1.1 References

Provide names, addresses and telephone numbers for at least three clients for whom the Proposer (i.e., the prime Proposer submitting a Proposal, the joint venture submitting a Proposal, or each individual prime member of the joint venture) has performed work on demography data, collection projects, as required in this RFP. Contact information for the references should be attached to the Transmittal Letter; all other information regarding references and past performance shall be attached to the body of the Proposal and be included in the page count.

References shall be for:

1. If a single entity is the prime contractor submitting the proposal, the references shall be submitted for the prime.

2. If the Proposal is submitted by a joint venture that has worked together in the past, the references shall be for the joint venture as a whole.

3. If the proposal is submitted by a joint venture that has not worked together in the past, references shall be included for each prime member of the joint venture.

For each assignment identified, provide the following information:

1. The name of the client;

2. The title of the project or assignment;

3. Current contact phone numbers and email addresses for the client;

4. The scope of the assignment;

5. The name of each proposed service team member working on the account; and

6. The date of service of the contract.

Sound Regulation and Enforcement Training

The Proposer’s past projects should also address the following issues:

1. Describe how the past projects identified provide the experience preferred in this RFP.

2. Provide examples of cost saving methodologies utilized on past assignments.

3. Provide examples of innovative approaches that contributed to project quality and/or cost or schedule savings.

4.4.2 Understanding of the Statement of Work

DPR intends to contract with a team with a strong understanding of the Statement of Work described Attachment C of this RFP.

4.4.3 Key Personnel and Staffing Plan

DPR intends to contract with a team with organizational and staffing plans that are appropriate for the Statement of Work of Attachment C of this RFP, and with experienced personnel in key roles. All known Subcontractors shall be identified on Form A.

4.4.4 Small Business Participation and Preference

DPR is not a certifying agency for Small and Disabled Veteran Businesses. The qualifying certifications can be obtained through DGS (SB, MB, DVBE).

The Proposer is expected to present within the Technical Proposal a narrative detailing how it will utilize SB/MB/DVBEs throughout the life of the Agreement. The Proposer shall identify firms being utilized to meet the SB goals, including the estimated contract values and scopes of work that will be used to meet these goals.

Each listed certified SB, MB, and DVBE must perform a Commercially Useful Function in the performance of the Agreement as defined in Government Code section 14837(d) (4).

4.4.4.1 Small Business Preference Program

In accordance with Government Code section 14838, a certified SB/MB is entitled to claim a 5% preference in Proposing on this RFP.

In order to receive the SB Preference, SB/MB Proposers must provide proof of current certification.

In the event of a precise tie between the Final Proposal Score of a certified SB and the Final Proposal Score of a certified DVBE that is also a SB, the contract must be awarded to the DVBE owned SB.

Sound Regulation and Enforcement Training

4.4.4.2 Non-Small Business Preference

In accordance with Government Code section 14838, a non-small business may receive a 5% preference in Proposing on this RFP if the business commits to subcontract at least 25% of contract amount awarded by this RFP.

In order to receive the non-Small Business Preference, Proposers must complete DPR 85 – Small Business Preference, demonstrating at least 25% participation from certified SB/MB subcontractors.

4.4.4.3 Application of Small Business Preference

Preference points will be added to the Combined Proposal Score of all certified SB/MB Proposals using the following formula:

[Highest Combined Proposal Score] x .05 = SB Preference Amount

[SB/MB Proposer’s Combined Proposal Score] + [SB Preference Amount] = Final Proposal Score

4.4.5 Disabled Veteran Business Enterprise Requirement and Incentive

The California Disabled Veteran Business Enterprise Program requires that agencies meet or exceed a DVBE participation goal of 3% of the agency’s overall contract dollars. All contracts, regardless of amount, are subject to the DVBE requirement in order to meet this goal. Agencies may waive this requirement for individual contracts, however this waiver must be noted in the solicitation.

4.4.5.1 DVBE Participation Requirement

In order to be responsive and eligible for award of the contract, the Proposer must attain the prescribed DVBE participation.

DVBE participation for this solicitation has been waived, there is no minimum DVBE participation required.

4.4.5.2 DVBE Participation Incentive

The DVBE Incentive Program was established by statute and applies to contracts solely financed by State funds. This program is separate from the DVBE Participation Program and is designed to encourage Proposers to partner with DVBE subcontractors.

The incentive may be combined with other incentives and preferences

Any Proposer who has attained more than the minimum required participation, if applicable, is eligible to receive the incentive.

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4.4.5.3 Application of DVBE Incentive

Incentive points will be added to the Combined Proposal Score of all Proposals meeting established levels of confirmed participation using the following formula:

Confirmed DVBE Participation of

DVBE Incentive Amount

10% or more 5% of highest responsive and responsible Proposal

9% - 9.99% 4% of highest responsive and responsible Proposal

8% - 8.99% 3% of highest responsive and responsible Proposal

7% - 7.99% 2% of highest responsive and responsible Proposal

6.01% - 6.99% 1% of highest responsive and responsible Proposal

Confirmed DVBE Participation of

DVBE Incentive Amount

5% or more 5% of highest responsive and responsible Proposal

4% - 4.99% 4% of highest responsive and responsible Proposal

3% - 3.99% 3% of highest responsive and responsible Proposal

2% - 2.99% 2% of highest responsive and responsible Proposal

.01% - 1.99% 1% of highest responsive and responsible Proposal

[Highest Combined Proposal Score] x [DVBE Incentive Amount] = DVBE Incentive Earned

[DVBE Proposer’s Combined Proposal Score] + [DVBE Incentive Earned] = Final Proposal Score

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4.4.5.4 DVBE Participation Reporting

If the Contractor made a commitment to achieve the DVBE participation goal, DPR will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements of Military and Veterans Code Section

999.5. The awarded Contractor shall be required to utilize form STD 817, which will be provided by the Point of Contact at the completion of the contract term, to report the following:

• The total amount the Prime contractor received under the contract;

• The name and address of the DVBE(s) that participated in the performance of the contract;

• The amount each DVBE received from the Prime contractor;

• Attestation that all payments under the contract have been made to DVBE(s);

• The actual percentage of DVBE participation that was achieved.

A Contractor that fails to comply with the certification requirement shall, after notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, the department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. The Contractor shall provide proof of payment for the work performed by the DVBE subcontractor(s) upon DPR’ request.

4.4.6 Target Area Contract Preference Act (TACPA)

TACPA will be granted to California-based firms in accordance with Government Code §4530 whenever contracts for goods or services are in excess of $100,000 and the bidder meets certain requirements as defined in the California Administrative Code (Title 2, §1896.30 et seq.)

regarding labor needed to produce the goods or provide the services being procured. The TACPA is optional on the part of the bidder (not mandatory), is for bidder evaluation purposes only, and does not alter the amount of the awarded Contract.

Bidders seeking to take advantage of this preference will need to review the website below and submit the appropriate response forms with their bid. The bidder may omit these forms if there is no intention to claim this preference.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Request-a-Target-Area-Contract-Preference

Please carefully review the forms and requirements. Bidders are not required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of a bid.

The required applications/forms are as follows:

• TACPA Preference Request for Goods and Services Solicitations

(STD 830):

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

• Manufacturer’s Summary of Contract Activities and Labor Hours

(DGS/PD 525):

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf

• Bidder’s Summary of Contract Activities and Labor Hours

(DGS/PD 526):

Sound Regulation and Enforcement Training C25550007 http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_810P.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dgs.ca.gov%2FPD%2FServices%2FPage-Content%2FProcurement-Division-Services-List-Folder%2FRequest-a-Target-Area-Contract-Preference&data=05%7C01%7CKristy.Papke%40parks.ca.gov%7C1d5f0c82840748f6bdb908dbb895fcc5%7C06fd3d24656448018226b407c4d26b68%7C0%7C0%7C638306726553089810%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=IyUDzefIebcwM9j5%2BNsgUmRIg0V1pO0QbBSplxF9wks%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dgs.ca.gov%2FPD%2FServices%2FPage-Content%2FProcurement-Division-Services-List-Folder%2FRequest-a-Target-Area-Contract-Preference&data=05%7C01%7CKristy.Papke%40parks.ca.gov%7C1d5f0c82840748f6bdb908dbb895fcc5%7C06fd3d24656448018226b407c4d26b68%7C0%7C0%7C638306726553089810%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=IyUDzefIebcwM9j5%2BNsgUmRIg0V1pO0QbBSplxF9wks%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2Ffmc%2Fpdf%2Fstd830.pdf&data=05%7C01%7CKristy.Papke%40parks.ca.gov%7C1d5f0c82840748f6bdb908dbb895fcc5%7C06fd3d24656448018226b407c4d26b68%7C0%7C0%7C638306726553089810%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=33zDZJUIsy9zkwYmDGzKKoWxbByz%2B2Eqz2i%2BDSt4w%2Fs%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2Ffmc%2Fgs%2Fpd%2Fgspd0525.pdf&data=05%7C01%7CKristy.Papke%40parks.ca.gov%7C1d5f0c82840748f6bdb908dbb895fcc5%7C06fd3d24656448018226b407c4d26b68%7C0%7C0%7C638306726553089810%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=5Xor4igyN08oCja2JBaJGYYMQ5r7y3kvdhYopKokNjQ%3D&reserved=0

Bidder questions regarding this preference are to be directed to the Department of General Services, Procurement Division, Dispute Resolution Unit, 707 Third Street, Second Floor, West Sacramento, CA 95605 or contact the TACPA Preference Program via email at TACPA@dgs.ca.gov to determine if the worksite(s) is eligible.

Contracts awarded with applied preferences will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce preference programs.

4.4.7 Cost Proposal

DPR shall compensate the successful Proposer for actual hours worked. Proposers shall submit all rate information on Attachment D, Cost Proposal of this RFP. All Cost Proposal Worksheets must include anticipated reimbursable expenses, including rates that shall serve as rate caps that shall remain binding for the term of the Agreement. The rates listed on the Cost Proposal Worksheet shall be fully loaded and include all direct and indirect costs, including overhead and taxes incidental to the specified rates. The information provided on the Cost Proposal shall become part of the final Agreement.

The proposer shall complete the provided Cost Proposal Worksheet and may provide a comprehensive list of supplies, if applicable.

The estimated number of transactions and hours indicated on the Cost Proposal will be used solely for computing the cost to determine the Cost Proposal points used in the proposal evaluation referenced in sections 5.2.2 and Attachment B, Criteria for Awarding Points. Cost Proposal shall not be binding on DPR; this RFP includes no guarantee of work.

In the event of a computational error, unit prices will prevail over extended totals.

The Authority will check Proposal calculations and recalculate Proposal totals. A zero dollar ($0.00) amount listed for any and all items will be interpreted and understood by the Authority to mean that the Proposer shall perform such services at no cost to the Authority. Lines left blank shall be considered to be a zero dollar amount.

5.0 Evaluation

Proposals received shall be evaluated and awarded in accordance with Public Contract Code section 10344(c) and (d).

DPR may reject any Proposal if it is conditional, incomplete, or contains irregularities. DPR may waive an immaterial deviation in a Proposal. Waiver of an immaterial deviation shall in no way modify the Proposal documents or excuse the Proposer from full compliance with the Agreement requirements if the Proposer is awarded the Agreement. The following summarizes the Proposal Review and Evaluation processes.

Sound Regulation and Enforcement Training C25550007 mailto:TACPA@dgs.ca.gov

5.1 Proposal Review

DPR shall review and evaluate each Proposal to determine if it meets the requirements contained in Section 4.0 and Attachments A through D. Failure to meet the requirements of this RFP may result in the rejection of the Proposal. Proposals that contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Proposer, may be rejected.

5.2 Proposer Evaluation

The Minimum Requirements and Proposals shall be evaluated by an Evaluation/Selection Committee on a consensus basis. DPR shall first evaluate whether the Proposals meet the Minimum Requirements on a pass/fail basis. Proposers that meet all Minimum Requirements will then have their Technical Proposals evaluated and scored.

5.2.1 Minimum Requirements

The Proposer must submit all of the required information as described in Attachment A, Minimum Requirements Checklist. All of the information identified must be included for the Proposal to be considered responsive. Proposals with missing or incomplete information may be rejected.

If a Proposer passes this phase, its Technical Proposal will be evaluated and scored.

5.2.2 Proposal Evaluation

The Proposal shall be evaluated and scored in accordance with Attachment B, Criteria for Awarding Points for Proposal. The contract will be awarded to the proposal with the highest combined technical merit and cost proposal score. The Proposal can receive a maximum of sixty (60) points for the Technical Merit - Experience and Qualifications and a maximum of thirty (30) points for Cost Proposal. Cost Proposal score will be converted into points using the formula in Attachment B, Criteria for Awarding Points for Proposal. The lowest cost Proposal will be awarded the maximum amount of cost score points (30). The rest will be awarded the points resulted from the formula.

The Authority shall evaluate each Proposal to determine its responsiveness to the RFP.

The Proposal shall be scored by an Evaluation/Selection Committee using a consensus process to determine the Proposal scores.

If there are preferences and incentives applicable to this procurement in Section 4.4.4 and

4.4.5 of this RFP, they will be applied next. If there are no preferences or incentives applicable to this procurement listed in Section 4.4.4 and 4.4.5 of this RFP, the Combined Proposal Score is the Final Score.

5.3 Notice of Proposed Award

After the Proposer with the highest total Final Score is determined, the Notice of Proposed Award will be posted at DPR 4940 Lang Avenue Sacramento, CA 95814 office door and provided via email.

Sound Regulation and Enforcement Training

The successful Proposer(s) must complete and submit to the Authority the Payee Data Record (STD 204) before the execution of any Agreement resulting from this RFP, to determine if the Proposer is subject to State income tax withholding pursuant to California Revenue and Taxation Code section 18662. This form can be found at:

www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

No payment shall be made unless a completed STD 204 has been returned to DPR.

5.4 Execution and Award Process

The Agreement will be awarded to the Proposer whose Proposal receives the highest Final Score.

Only those Proposers who were invited to Interview shall be eligible to be awarded an Agreement.

DPR will not consider any changes to the Terms and conditions contained in this RFP or Agreement awarded from this RFP. If, for any reason, a successful Proposer does not sign the Agreement documents within a reasonable time, DPR may eliminate that Proposer from its award list and select the next highest ranked Proposer.

If DPR cannot reach an agreement with the highest ranked Proposer, the Agreement may be offered to the next highest ranked Proposer, and so on, until the Agreement is executed.

5.5 No Agreement Until Signed and Approved

No Agreement between DPR and the successful Proposer is in effect until the Agreement is signed by the Contractor, signed by DPR, and approved by the Department of General Services.

6.0 Protest Procedures

A Proposer may file a protest against the proposed awarding of an Agreement. Once a protest has been filed, no Agreement will be awarded until either the protest is withdrawn, DPR cancels the RFP, or DGS decides on the matter.

Please note the following:

1. Protests are limited to the grounds contained in California Public Contract Code section 10344(c) and 10345(a).

2. There is no jurisdiction for DGS to consider a protest if:

a. The protestant was not a Proposer;

b. The protestant has not alleged that it was the highest-scored Proposer;

c. The protestant is not in a position to make a supportable assertion that it should have been the highest-scored Proposer;

d. The protest was not submitted timely; or

Sound Regulation and Enforcement Training C25550007 http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

e. The grounds for the protest do not meet the permissible grounds stated above.

3. If an eligible Proposer wishes to protest the intended Agreement award, the Proposer must file a “Notice of Intent to Protest” with both DPR and DGS within five Business Days after the Notice of Proposed Award is posted. The Notice of Intent to Protest may be brief. Any Notice of Intent to Protest filed more than five working days after posting of the Notice of Proposed Award shall be untimely.

4. Within five days after filing the Notice of Intent to Protest, the protesting Proposer must file with DGS and DPR’ Designated Point of Contact a full and complete written protest statement specifying the grounds for the protest. The statement must contain, in detail, the reasons, law, rule, regulation, or practice that the protesting Proposer believes DPR has improperly applied in awarding the Agreement.

5. All Proposals and all evaluation and scoring sheets will be available for public inspection at DPR after the Notice of Proposed Award is posted.

6. If the protest is not withdrawn or the solicitation is not canceled, DGS will decide the matter.

There may be a formal hearing conducted by a DGS hearing officer or there may be briefs prepared by the Proposer and DPR for the DGS hearing officer’s consideration.

7. All protests must be made in writing, signed by an individual authorized to bind the Proposer and contain the initial Notice of Intent to Protest, and a detailed written statement of protest, including the RFP number, the name of the State agency involved, the agency Point of Contact, and all contact information of the protestant including fax numbers, if available. The protester must provide facts and evidence to support the claim. Protests may be sent by regular mail, facsimile, courier, or personal delivery. Protests must be delivered to both of the following addresses:

Department of General Services Office of Legal Services

Attention: Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605 Fax: (916) 376-5088

California Department of Parks and Recreation Attention: Veronica Cruz, Protest Coordinator

PO Box 942896 Sacramento, CA 94296

Sound Regulation and Enforcement Training

Form A: GSPD 05-105- Bidder Declaration

Please complete and submit the GSPD 05-105- Bidder Declaration to document the proposed Prime, SB, DVBE, and/or subcontractors, including the nature of their work on the proposal and percent of the Proposal. The form is located here:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Sound Regulation and Enforcement Training C25550007 https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Sound Regulation and Enforcement Training

Form B: Disabled Veteran Business Enterprise Declarations

Please complete and submit the DGS PD 843 – Disabled Veteran Business Enterprise Declarations for all DVBEs proposed. The form is located at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf.

Sound Regulation and Enforcement Training C25550007 http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

Sound Regulation and Enforcement Training

Cert. 1: CCC-04/2017 and STD 204/DPR 88

Please complete and submit the CCC-04/2017 form located at:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-…