CFF_5520_Programmatic_Audit_RFO.pdf

April 19, 2024

You are invited to review and respond to the First 5 California (F5CA) Request for Offer (RFO), entitled:

RFO No. CFF 5520

PROGRAM INNOVATION AND EVALUATION DIVISION PROGRAM AND

INITIATIVE AUDIT SERVICES

To be considered for this RFO, the Offeror must hold a current California Multiple Award Schedule (CMAS) with the Department of General Services (DGS). The CMAS contract must begin with the number 4 (i.e. 4-xx-xx-xxxx). In submitting your offer, you must comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of your offer. It is recognized that time is of the essence. All Offerors are advised of the following schedule and will be expected to adhere to the required dates and times. All dates may be adjusted by F5CA as conditions indicate. The services required are defined in the Statement of Work (SOW), found on page 15 of this document.

KEY ACTION DATES

Release Date of RFO: 4/19/2024 Questions Due Date: 4/25/2024 by 12:00 p.m. (Noon), Pacific Time Question Response Due Date: On or before 5/3/2024 (via e-mail) Offers Due Date: 5/14/2024 by 12:00 p.m. (Noon), Pacific Time

Term:

Upon Department of General Services (DGS) Procurement Division (PD) Approval through Twelve

(12) Months from Approval

Cost: Not to Exceed $50,000.00 and Subject to CMAS Limitations

Contracts and Procurement Contact:

Joan Dutra Procurement Analyst

First 5 California Phone: (916) 263-1050 Main Line

E-mail: jdutra@ccfc.ca.gov

To obtain a print copy of the solicitation and/or arrange physical quote delivery, contact the Contracts and Procurement Contact listed above.

First 5 California RFO No. CFF 5520

OVERVIEW OF OFFER REQUIREMENTS

1. GENERAL INFORMATION

1.1 Purpose

The purpose of this RFO is to procure the services of a Contractor with the knowledge, skills, ability, and staff to perform Program Innovation and Evaluation Division Audit Services for the California Children & Families Commission (Commission), also known as First 5 California (F5CA). F5CA seeks to enter into an agreement for audit services on existing programmatic initiatives is to obtain a standard of quality assurance and with the objective of improvement for potential cost savings or efficiency gains in the contractor's processes.

The Children & Families Act (Act) was enacted by the voters in 1998, and includes, “an integrated and comprehensive statewide program of promoting, supporting, and improving early childhood development that enhances the intellectual, social, emotional, and physical development of children in California.” The Scope of Work (SOW) takes into consideration the specific policy goals of the Commission, the anticipated monetary and other resources available to the Commission, and the complementary plans and objectives of the 58 county commissions. The specific tasks and deliverables associated with this RFO are included in the SOW, page 18 of the Scope of Work, of this document. The SOW presented in this RFO is aligned with F5CA’s North Star and Audacious Goal.

The CMAS and the accepted offer will be made a part of the resulting Agreement.

Note that while the General Terms and Conditions are not included in this solicitation packet, they will be incorporated by reference into the final agreement and should be carefully reviewed by offerors.

F5CA reserves the right to cancel or modify this RFO up until the award is granted. F5CA has the discretion to waive non-material defects with any of the offers. Additionally, F5CA is not responsible for any preparation costs incurred by parties submitting an offer.

1.2 Project Background

The SOW includes review and assessment of F5CA programmatic processes and procedures as instructed to County Commissions by F5CA. The Contractor shall review and assess for compliance with associated Request for Application (RFA), Programmatic Standards and best practices. The program’s/initiatives that will be assessed, and associated with this SOW, was developed through a planning process that includes a preliminary survey, risk assessment, and internal control assessments. Overall, the objective of the SOW will provide F5CA with an understanding of the operating environment, specific objectives associated with each program / initiative, and activities to reach F5CA’s North Star and Audacious Goal, identify standards to apply, and define a critical element of each program / initiative’s scope.

https://www.google.com/url?client=internal-element-cse&cx=017527388379648510847:do-rw177mqw&q=https://first5.ca.gov/pdf/commission/meetings/handouts/Commission-Handouts-2021-10-28/Item-5-Adoption-of-a-North-Star-Statement.pdf&sa=U&ved=2ahUKEwj2nOrp8uyEAxUOIUQIHcaSANIQFnoECAIQAg&usg=AOvVaw3tLJIsFiGSMOT7fQWUVyA9

Programs/Initiatives to Assess:

• Improve and Maximize Programs so All Children Thrive (IMPACT) Legacy:

o Six (6) grants each: two (2) northern California county commissions, two (2) central county commissions, and two (2) southern California county commissions.

• Small Population County Funding Augmentation o Five (5) grants: diverse budget ranges based on current RFA

• Home Visiting Phase II o Five (5) grants: diverse budget and locations

The scope of this Agreement encompasses activities through the full implementation period Upon DGS Approval and twelve (12) months thereafter.

1.3 Conflict of Interest and Follow-on Contracts Advisement

All Offerors are reminded that it is their responsibility to ensure compliance with the CMAS Terms and Conditions that apply to Conflict of Interest and Follow-on Contracts before submitting an offer.

2. CONTRACTOR QUESTIONS

Offerors shall notify F5CA immediately if clarification is needed regarding the RFO. Offerors shall submit their inquiry in writing and transmit it to F5CA as instructed below. Offerors that fail to report a known or suspected problem with the RFO or fail to seek clarification and/or correction of the RFO shall submit an offer at their own risk.

2.1 What to Include in an Inquiry

2.1.1 Offeror name, name of firm, telephone number, e-mail address, and RFO number.

2.1.2 A description of the subject or issue in question or discrepancy found.

2.1.3 RFO page number or other information useful in identifying the specific problem or issue in question.

2.1.4 Remedy sought, if any.

2.2 Question Submission

F5CA will accept e-mail only. These must be addressed to the F5CA contact e-mail address listed on the RFO cover and received no later than the Questions Due Date indicated on the cover page. At its discretion, F5CA may contact an inquirer to seek clarification of any inquiry received.

3. OFFER REQUIREMENTS OVERVIEW

3.1 Offer Requirements

Offer requirements are contained in the following areas that are described in detail in subsequent sections of this document:

Résumés

References Letters

Work Samples

Cost

To assist Offerors, a checklist of required submission materials is provided in Attachment A, Offeror Checklist.

3.2 Proprietary Information

Any documentation submitted which has been marked “Confidential” or “Proprietary” will not be accepted. All documents submitted in response to this RFO will become the property of the State of California and are subject to release under the California Public Records Act, Government Code, Sections 6250 et seq.

4. OFFER REQUIREMENTS DETAIL

Offers must contain all information required in this RFO and must conform to the format described.

4.1 Administrative Requirements

4.1.1 Offerors shall respond to this RFO within the timelines specified on the RFO cover page.

4.1.2 Offerors shall respond to this RFO within the timelines specified in the Key Action Dates table on cover page of this RFO.

4.1.3 Offerors shall submit the following documents to the Contracts and Procurement Contact listed in the Key Action Dates table specified on the cover page. All documents shall submitted be relayed via email unless other arrangements are made with the Contracts and Procurement Contact. Unless otherwise noted, all documents should be submitted in PDF format.

One (1) copy of the Sample Cost Worksheet with all proposed costs and calculations included.

Offerors shall include a cover letter signed by a person authorized to contractually bind the offeror as well as references and resumes specified in sections 4.3 and 4.4

Any additional work samples or miscellaneous information required by the solicitation as listed in section 4.5 below.

Offerors shall include one complete, signed copy of their current CMAS contract and all supplements issued by DGS. If the file size is too large to include as an email attachment, a link to a copy hosted on DGS’ archive included in the body of the email is acceptable.

Offerors shall include a copy of their current Federal General Services Administration (GSA) Schedule pricing pages applicable to the offeror’s CMAS or CMAS Attachment C, which includes the personnel classifications, hourly rates, and minimum qualifications. If the file size is too large to include as an attachment, a link to a copy hosted on DGS’ archive included in the body of the email is acceptable.

Offerors shall include a copy of their current Small Business certification from DGS, if applicable.

Offerors shall ensure their offer includes all other applicable attachments listed in Attachment A, Offeror Checklist.

4.2 Submission of Offers

Offers must be submitted via email by 5/14/2024 at 12:00 pm to the Contracts and Procurement Contact listed in the Key Action Dates table. This date may be changed or postponed at F5CA’s discretion. All offerors solicited shall receive notice of any change via email.

Offers received by F5CA after the Offer’s Due Date will not be considered. It is F5CA’s policy to make every effort to ensure that all offers have been received and acknowledged;

however, offerors are ultimately responsible for ensuring timely receipt of their offer. Offerors may verify receipt of their offer by contacting JOAN DUTRA at jdutra@ccfc.ca.gov .

The email subject line must be plainly marked with the RFO number and title, and your firm name.

If the offer is made under a fictitious name or business title, the actual legal name of the Offeror must be provided.

4.3 Résumés

Offerors shall submit a résumé for each participant, including subcontractors who will exercise a major role in the project. Offerors shall ensure résumés clearly demonstrate specific work experience related to the field of early learning and/or early childhood healthy development (prenatal to age five), and overall knowledge and demonstration of previously completed projects/tasks that are comparable to the tasks to be performed within this RFO. Employment time frames should be included. Résumés will be attached to and made a part of the resulting contract.

mailto:jdutra@ccfc.ca.gov

4.4 Reference Letters

Offerors must supply F5CA with a minimum of two (2) client reference letters with needs of a similar degree of complexity from the last five (5) years from the date of this RFO’s Release Date. The reference letters are to be prepared and signed by the offeror’s clients. The reference letters shall include the name of the firm or government agency; the nature of the work performed in the field of early learning and/or early childhood healthy development (prenatal to age five); and the contact person’s name, address, e-mail address, and phone and fax numbers. F5CA will verify the information contained in reference letters by contacting the designated client contacts.

4.5 Work Samples / Misc. Information

Offerors must provide executed illustrative work samples, completed by key staff being proposed, for the following:

A. Three (3) written samples of similar work, in size and scope, performed by the bidder. The offeror is encouraged to provide a diverse range of samples to showcase versatility and skill. For each work sample, the offeror shall provide a description of the size, scope, and duration of the project. Work samples may be excerpts from previous deliverables.

B. A narrative that demonstrates the offeror’s ability to manage varying aspects of the project such as creativity, technical expertise, problem-solving, and/or project management. The page limit for the narrative is two (2) pages.

Cost

Draft documents are not acceptable.

Offerors shall complete the Sample Cost Proposal Worksheet. The Worksheet and instructions are located in Attachment B and will be included in the contract as Exhibit B, Attachment 1.

4.6 Review of Offers for Award

Responses to this RFO will first be reviewed for responsiveness to the requirements of Exhibit A and Exhibit B. If a response is missing information required in either Attachment, it may be deemed not responsive. Further review is subject to the department’s use of the following rating sheet.

Award of a contract resulting from this RFO against a CMAS contract will be based on a “best value” method that includes cost as a factor.

FOR AGENCY USE ONLY

BEST VALUE DETERMINATION WORKSHEET

Offer: ____________________ Date: ____________________

Part I - Minimum Qualifications (Pass/Fail)

The offeror must receive a score of “Pass” for each requirement listed below in order for the offer to be considered responsive and move onto Parts II and III.

Requirement Pass/Fail

1. Offer Received by Submission Deadline

2. Résumés of Key Personnel

Part II – Administrative Criteria (20 points)

Criteria Maximum Possible Points

Consensus Score

3. Reference Letters Points will be based on documented work done by the offeror in relation to the tasks to be performed within this RFO. Each letter is worth a maximum of 10 points.

20 Points

Part III – Technical Criteria (30 points)

Criteria Maximum Possible Points

Consensus Score

4. Work Samples Points for each sample will be based on the sample’s relation to the tasks to be performed within this RFO. Each sample is worth a maximum of 10 points.

30 Points

BEST VALUE DETERMINATION WORKSHEET

F5CA will use the following point definition table below to assign Administrative and

Technical Criteria points.

Points Interpretation General basis for point assignment 0 Does Not Meet Not relevant to the tasks to be performed in this RFO 5 Satisfactory Somewhat relevant to the tasks to be performed in this RFO 10 Excellent Highly relevant to the tasks to be performed in this RFO

Part IV – Cost (50 points)

Please refer to Attachment B, Sample Cost Proposal Worksheet, for instructions on completing the Cost Proposal Worksheet.

To Calculate Cost points:

Lowest Offer / Bidder Offer = percentage Percentage x Maximum cost points available = Offeror’s score

Bidder Cost Percentage Offeror’s Cost Score A B C

Combined Score

COMBINED SCORE

Total Possible Points Score

Part I – Minimum Qualifications Pass/Fail

Part I - Résumés of Key Personnel Pass/Fail

Part II – Administrative Score 20 Points Click or tap here to enter text.

Part III – Technical Score 30 Points Click or tap here to enter text.

Part IV – Cost 50 Points Click or tap here to enter text.

FINAL SCORE 100 Total Points

ATTACHMENT A

Offeror Checklist

Ensure the following items are included with your offer:

Item/Requirement Is Provided

1. Complete Cost Proposal Worksheet (Sample Cost Proposal Worksheet is supplied on Attachment B).

2.

Cover letter is submitted and signed by a person authorized to contractually bind the offeror’s company.

3. Reference Letters

4. Reference Letters / Misc. Information

5.

A copy of offeror’s current CMAS contract and all applicable supplements issued by DGS.

6.

A copy of the offeror’s current Federal GSA Schedule pricing pages applicable to the offeror’s CMAS or CMAS Attachment C, which includes personnel classifications, hourly rates, and minimum qualifications.

7. A copy of current CMAS documentation from DGS.

8.

A copy of the Certificate of Liability Insurance equal to or greater than $1,000,000.

9. Proof of Workers Compensation Liability Insurance.

10.

Signed Payee Data Record form STD. 204.

STD 204 - Payee Data Record

11.

Signed Contractor Certification Clauses (CCC 307).

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-1005.pdf

12.

Darfur Contracting Act Certification https://www.dgs.ca.gov/- /media/CBAFDC111B6C43B09496B8391E11F394.ashx

13.

Unruh Civil Rights Certification, If Applicable https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL- RIGHTS-LAWS-ATTACHMENT.ashx http://www.documents.dgs.ca.gov/dgs/fmc/pdf/STD204.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-1005.pdf https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx

ATTACHMENT B

Sample Cost Proposal Worksheet

Offeror Name: ______________________________

The Cost Proposal Worksheet lists proposed costs for all tasks associated with this contract. The contractor shall list each position by GSA Labor Category job title and provide a clear, legible rate in the space provided below or replicate the table in a new document to include additional rows. Failure to provide the required rate or indicate “no charge” may be cause for rejection of the offer. This proposal is used to calculate the total cost of the proposal for the purpose of quote comparison. Rates submitted shall be binding to the contractor if awarded. F5CA is not obligated to pay and shall not pay for any services not actually rendered during the agreement term.

Task 1 – [ENTER TASK DESCRIPTION]:

GSA Labor Category Job Title No. Hours Rate/Hour Description Total

Task 1 Subtotal:

Task 2:

GSA Labor Category Job Title No. Hours Rate/Hour Description Total

Task 2 Subtotal:

Task 3:

GSA Labor Category Job Title No. Hours Rate/Hour Description Total

Task 3 Subtotal:

Task 4:

GSA Labor Category Job Title No. Hours Rate/Hour Description Total

Task 4 Subtotal:

Total Project Cost

ATTACHMENT C

State of California—Department of General Services, Procurement Division Solicitation Number_____________________

GSPD–05–105 (REV 08/09)

BIDDER DECLARATION

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):

a. Identify current California certification(s) (MB, SB, SB/NVSA, DVBE): _______________________ or None _______________________

b. Will subcontractors be used for this contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm. State if your firm owns the transportation vehicles that will deliver the products to the State.

Identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary.

c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes ___ No ___

(2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes ___ No ___ N/A ___

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary):

Subcontractor Name, Contact Person, Phone Number & Fax Number

Subcontractor Address & Email Address

CA Certification

(MB, SB, NVSA,

DVBE)

Work performed or goods provided for this contract

Corresponding % of bid price

Good Standing?

51% Rental?

CERTIFICATION: By signing the bid response, I certify under penalty of perjury that the information provided is true and correct.

Printed Name Signature Date Signed

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 08/09) Instructions

BIDDER DECLARATION Instructions All prime bidders (the firm submitting the bid) must complete the Bidder Declaration.

1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line:

• Microbusiness (MB)

• Small Business (SB)

• Nonprofit Veteran Service Agency (NVSA)

• Disabled Veteran Business Enterprise (DVBE)

1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors.

Bidders certified as MB, SB, NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999(e)(2)(A) for DVBEs and Government Code Section 14837(d)(4)(A) for small/microbusinesses.

Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract.

1.c. This item is only to be completed by businesses certified by California as a DVBE.

(1) Declare whether the prime bidder is a broker or agent by marking either “Yes” or “No”.

The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” as a certified DVBE contractor or subcontractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.

(2) If bidding rental equipment, mark either “Yes” or “No” to identify if the prime bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A” for “not applicable.”

2. If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Page ___ of ___” on the form.

If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Page ___ of ___” accordingly.

2. (continued) Column Labels

Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors.

Subcontractor Address & Email Address—Enter the address and if available, an Email address.

CA Certification (MB, SB, NVSA, DVBE)—If the subcontractor possesses a current State of California certification(s), verify on the OSDC website (www.eprocure.pd.dgs.cagov).

Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor.

Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontracting a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.

Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount.

Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes” or “No” to indicate that the prime bidder has verified that the subcontractor(s) is in good standing for all of the following:

• Possesses valid license(s) for any license(s) or permits required by the solicitation or by law

• If a corporation, the company is qualified to do business in California and designated by the State of California Secretary of State to be in good standing

• Possesses valid State of California certification(s) if claiming MB, SB, NVSA, and/or DVBE status

51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either “N/A” (not applicable), “Yes” or “No” for each subcontractor listed.

Enter “N/A” if the:

• Subcontractor is NOT a DVBE (regardless of whether or not rental equipment is provided by the subcontractor) or

• Subcontractor is NOT providing rental equipment (regardless of whether or not subcontractor is a DVBE)

Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the contract.

Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the subcontractor does NOT own at least 51% of the rental equipment (quantity and value) it will be providing.

3. Read the certification at the bottom of the page. An individual that is authorized to bind the firm contractually is to print their name, sign and date the form. Complete the “Page ___ of ___” accordingly.

F5CA

RFO No. 5520

SCOPE OF WORK

A. Background

1. Authority California Health and Safety Code (HSC) section 130105(d)(1) authorizes expenditure of funds from the California Children and Families Trust Fund to meet the intent of the act as outlined in HSC 130100 to promote, support and improve the early development of children prenatal to five years of age.

2. Purpose of Agreement The agreement is for audit services on existing programmatic initiatives is to obtain a standard of quality assurance and with the objective of improvement for potential cost savings or efficiency gains in the contractor's processes.

3. Background The SOW includes review and assessment of F5CA programmatic processes and procedures as instructed to County Commissions by F5CA. The Contractor shall review and assess for compliance with associated Request for Application (RFA), Programmatic Standards and best practices. The program’s/initiatives that will be assessed, and associated with this SOW, was developed through a planning process that includes a preliminary survey, risk assessment, and internal control assessments. Overall, the objective of the SOW will provide F5CA with an understanding of the operating environment, specific objectives associated with each program / initiative, and activities to reach F5CA’s North Star and Audacious Goal, identify standards to apply, and define a critical element of each program / initiative’s scope.

Programs/Initiatives to Assess:

• Improve and Maximize Programs so All Children Thrive (IMPACT) Legacy:

o Six (6) grants each: two (2) northern California county commissions, two (2) central county commissions, and two (2) southern California county commissions.

• Small Population County Funding Augmentation o Five (5) grants: diverse budget ranges based on current RFA

• Home Visiting Phase II o Five (5) grants: diverse budget and locations

B. Period of Performance

1. Term of Contract

The term of this Agreement is effective Upon Approval by the Department of General Services, Procurement Division through twelve (12) months.

2. Work Authorization

Contractor shall not be authorized to deliver or commence performance of services as described in this Agreement until written approval has been obtained from F5CA under the delegated authority of the California State Department of General Services. Any delivery or performance of service commenced prior to obtaining all written approvals shall be considered volunteer on the part of the Contractor. F5CA is not authorized to reimburse Contractor for expenditures incurred outside the approved performance period of the Agreement.

C. Work Location

Work will be performed at the primary office location of the selected [ENTER VENDOR NAME] (Contractor).

The Contractor shall provide First 5 California, or designated state representatives, access to the administrative offices during normal working hours, Monday through Friday, except State of California recognized holidays, unless pre-approved in writing to do otherwise.

D. Project Representatives

The Project Representatives during the term of this Agreement will be:

Contract Manager Contract Manager First 5 California Contractor Name Name:

Division/Office Title:

Phone: (916) 263-XXXX Phone:

Fax: (916) 263-1360 Fax:

Email: XXXX@ccfc.ca.gov Email:

Direct all fiscal inquiries to:

Invoice Coordinator Invoice Coordinator First 5 California Contractor Name Name:

Division/Office Title:

Phone: (916) 263-XXXX Phone:

Fax: (916) 263-1360 Fax:

Email: XXXX@ccfc.ca.gov Email:

mailto:XXXX@ccfc.ca.gov mailto:XXXX@ccfc.ca.gov

The parties must notify each other in writing within ten (10) business days of any change in Project Representatives.

E. Work to be Performed

As consideration for the compensation provided to the Contractor under this Agreement, the Contractor agrees to perform all services detailed in this Exhibit and fulfill all responsibilities in this Agreement.

Scope of Work Details

The Contractor shall be responsible for the performance of work as set forth herein and for the deliverables as specified in section F, Schedule of Deliverables. The Contractor shall promptly notify the F5CA contract manager of events or proposed changes that could affect the scope, budget, or schedule of work to be performed under this Agreement.

The Contractor shall be responsible for the following tasks:

1. Review and assess the contractor's existing programmatic processes and procedures to ensure compliance with programmatic standards and best practices.

2. Evaluate the contractor's project management systems/processes and tools, including the use of technology and reporting mechanisms.

3. Analyze the contractor's risk management practices and assess the effectiveness of risk mitigation strategies.

4. Review the contractor's budgeting and cost control processes to ensure accuracy and transparency.

5. Evaluate the contractor's performance measurement and evaluation methods to ensure alignment with F5CA North Star, goals and objectives.

6. Review the contractor's subcontractor management practices to ensure compliance with contractual requirements and regulations.

7. Assess the contractor's quality assurance and quality control processes to ensure adherence to project specifications and standards.

8. Review the contractor's environmental and sustainability practices to ensure compliance with applicable regulations and industry standards.

9. Evaluate the contractor's safety and health practices to ensure a safe working environment for all stakeholders involved in the project.

10. Provide recommendations for improvement and identify areas for potential cost savings or efficiency gains in the contractor's programmatic processes.

First 5 California will be responsible for the following:

1. Provide approvals to the Contractor in a timely manner regarding key tasks and deliverables, including, but not limited to, the selection of the format, content, and design of the printed material, and the selection of alternate deliverables.

2. Provide the Contractor access to First 5 California staff and management as required to complete the tasks and activities for the project.

3. Approve the Contractor’s work plans, deliverables, and invoices in a timely manner and consistent with state policies and procedures.

4. Provide the Contractor with First 5 California background documents and information as needed for research purposes.

5. Approve delays in deliverable due dates on or before stated due date within the approved period of performance of this Agreement.

6. Advise the Contractor of any deficiency and notify the Contractor of satisfactory corrective action to be implemented within a specified timeframe.

7. Reimburse the Contractor in accordance with terms of the Agreement.

F. Schedule of Deliverables

Task No. Description Deliverable

Due Date

1.1.

2.1

SAMPLE

Exhibit B

Budget Detail and Payment Provisions (Standard Agreement)

For services and deliverables satisfactorily rendered and upon receipt and approval of complete and accurate invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates and total costs as specified in Exhibit B, Budget or Cost Sheet.

1. Invoicing and Payment:

A. No payment shall be made in advance of services rendered.

B. The Contractor shall be responsible for costs incurred while making modifications to materials and deliverables that require approval by F5CA (F5CA).

C. The Contractor is not allowed to charge profit, fees, or mark-ups on any subcontracted budget item.

D. Invoices submitted for payment shall include:

• Summary page describing what is included in the invoice

• “Bill To” name and address

• “Payable To” name and address

• Agreement number: CFF 5520

• Invoice number

• Date of invoice

• Period of work covered by invoice

• The Contractor’s hourly rates by classification and number of hours worked by task during the invoiced period

• Calculation of withhold/retention amount, if applicable

• Subcontractor expenses, if applicable, by subcontractor and task

• Documentation including, but not limited to, timesheets for labor, receipts for other expenses, subcontractor invoices, and description of services and/or deliverables provided during invoice period

Invoices shall be submitted, not more frequently than monthly in arrears to:

F5CA

Attention: Fiscal Services Office

2389 Gateway Oaks Drive, Suite 260 Sacramento, CA 95833 invoices@ccfc.ca.gov

E. Payment of any invoice will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed invoice detailing all charges and expenses.

Failure to use the above-referenced information will result in return of the invoice to the Contractor. Payment will be withheld until the required information is provided. All invoices must be approved by the F5CA Project Representative prior to releasing payment.

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F. The Contractor is required to mark “Final Invoice” on the last invoice to be submitted to F5CA for payment. For agreements that include one or more Disabled Veteran Business Enterprise (DVBE) subcontractors, F5CA shall withhold $10,000 from the final payment (or the full final payment if it is less than $10,000) until the Contractor submits to F5CA the DGS PD 810P certification of DVBE participation and payment required by Exhibit D, Special Terms and Conditions, paragraph 8. If Contractor fails to submit the DGS PD 810P certification, F5CA shall provide Contractor written Notice to Cure the failure to submit. If contractor fails to provide the certification within 30 days of the date of the Notice to Cure, F5CA shall permanently deduct $10,000 from the final payment (or the full final payment if it is less than $10,000).

G. If the final invoice is received after 180 calendar days after the termination of the Agreement or expiration of the Agreement by its own terms, the Contractor waives the right to receive any further payments under this Agreement.

H. If an invoice is disputed, the Contractor will be notified within fifteen (15) working days of receipt of the invoice. The Contractor will be informed of the reason for the dispute and the disposition of the invoice. If the invoice is corrected, the payment process will continue.

However, if the invoice remains unacceptable and cannot be processed, F5CA will issue a written dispute, which will stop the clock for prompt payment, and processing will not be restarted until the corrected invoice is returned to F5CA.

2. Allowable Costs

Allowable costs for this Agreement shall be limited to those expenditures which are: (1) in conformance with the approved Agreement budget and have specific prior approval when required; and (2) for goods and services necessary to the project’s operation at the time the costs are incurred. Any expenses not meeting these criteria may be disallowed.

Allowable costs include all costs, direct and indirect, incurred in the performance of work identified in the Contractor’s proposal, if applicable and if capped as specified in the Exhibit B1, Budget attachment of the Contractor’s proposal. Costs must be incurred within the term of the Agreement.

F5CA will pay for State or local sales or use taxes on the services rendered or equipment, parts, or software supplied to F5CA pursuant to this Agreement.

Allowable costs include all costs, including a fully loaded hourly rate not to exceed the offeror’s current federal General Services Administration (GSA) agreement pricing, incurred in the performance of work identified in the Contractor’s offer, if applicable and if capped as specified in Exhibit B [##], Budget attachment of the Contractor’s offer. Costs must be incurred within the term of the Agreement.

F5CA will pay for State or local sales or use taxes on the services rendered or equipment, parts, or software supplied to F5CA pursuant to this Agreement.

Examples of unallowable costs include contingency costs, imputed costs, fines and penalties, losses on agreements, excess profit taxes, and increased rates and fees for this Agreement.

3. Budget Contingency Clause

It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this

Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either: cancel this Agreement with no liability occurring to the State, or offer an Agreement Amendment to the Contractor to reflect the reduced amount.

4. Availability of Funds

The Agreement will be valid and enforceable only if sufficient funds are available in the appropriate account of the F5CA Children and Families Trust Fund with which to carry out the purposes of the Agreement. In addition, the Agreement will be subject to any additional restrictions, limitations, transfers, reductions, or conditions enacted by the Legislature, that may affect the provisions, terms, or funding of the Agreement in any manner.

The Contractor understands and agrees that the Agreement is subject to the condition that sufficient funds are available in the appropriate account of the F5CA Children and Families Trust Fund. If sufficient funds are not available in the appropriate account of the F5CA Children and Families Trust Fund due to a decrease in projected tax revenue collected pursuant to Revenue and Taxation Code section 30131.2, or restrictions, limitations, transfers, reductions, or conditions enacted by the Legislature, the Agreement shall be invalid and of no further force and effect. In this event, the State of California and/or F5CA shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under the Agreement and the Contractor shall not be obligated to perform any provisions of the Agreement. If sufficient funds are not available in the appropriate account of the F5CA Children and Families Trust Fund due to an action by the Commission to transfer funds to another account, F5CA will exercise its right to terminate this Agreement upon thirty (30) days written notice.

5. Prompt Payment Clause

Payment will be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with section 927).

6. Taxes

The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees’ wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales or use tax imposed by another state.

7. Retention

In accordance with the requirements set forth in the State Contracting Manual (SCM), Volume 1, section 7.33.B., F5CA shall retain or withhold an amount not less than ten percent (10%) of each invoiced payment amount pending final completion of the Agreement.

If an Agreement consists of the performance of separate and distinct tasks/deliverables, then any funds retained for a particular task/deliverable may be paid upon F5CA’s determination that the

Contractor has satisfactorily completed said task/deliverable (Public Contract Code, section 10346).

8. Overpayment Provision

If it is determined that an overpayment has been made to the Contractor, F5CA will seek recovery immediately upon discovery of overpayment by (a) written request to the Contractor for a refund of the overpayment amount within thirty (30) days after receipt of notice; or (b) offset subsequent Contractor payments by the amount of the overpayment if Contractor repayment is not received within thirty (30) days from the notice.

9. Staff Expenses

The Contractor represents that it has or shall secure at its own expense and all staff required to perform the services described in this Agreement.

Salaries of personnel who are providing services for more than one agreement must be charged to each agreement on a proportional basis and are only allowable for the time the employee is assigned to this Agreement.

10. Budget Change or Amendment Requests

The Contractor shall submit in writing to the F5CA Project Representative or F5CA Project Representative designee any request for a budget change or budget amendment. The Contractor must receive written approval from Department of General Services, Procurement Division for the budget change or amendment prior to expending funds affected by the change or amendment. In administration of the budget for this Agreement, the Contractor shall comply with the following budget change/amendment provisions:

A. Funds approved for expenditure in the current Fiscal Year (FY) that are not fully expended may be continuously rolled to subsequent FYs to accomplish the scope of work defined in Exhibit A of this Agreement, up to the maximum term of the agreement.

11. Accounting Requirements

The Contractor and all its subcontractors for this Agreement are required to maintain financial and accounting records and other documents and evidence, including but not limited to electronic versions (hereinafter “documents”) pertaining to the fulfillment of the Agreement obligations in accordance with generally accepted accounting principles and other procedures that may be specified by F5CA. The accounting system must include adequate cost accounting procedures which will provide accurate costing for contractual amendments, and for any other costs incurred which relate to payment claimed by the Contractor.

These documents must be made available to the F5CA Project Representative or F5CA Project Representative designee, upon request, during the Agreement term and any extension. These documents must be retained for three (3) years from the date of final payment of the Agreement, or for an extended time in the case of an audit or litigation as described in Section 12, Fiscal Audits.

12. Fiscal Audits

F5CA or any duly authorized representative shall have access and the right to examine, audit, review, excerpt, and transcribe any books, documents, papers, or records of the Contractor and/or subcontractor which, in the opinion of the State, may be related or pertinent to this Agreement.

Such material for each year of the Agreement must be retained for a period of three (3) years from the date of final payment of the Agreement. An exception to the three-year period is when an Agreement audit is in dispute or litigation. In those instances, the retention period for records is extended until such time the dispute or litigation is resolved.

Audits and reviews may be conducted at any time during the performance of the Agreement or during the three (3) years following the completion of the contracting period. Actual costs incurred by the Contractor for expenses should be substantiated with appropriate source documentation. It is the Contractor’s responsibility to ensure that all expenditures claimed, including all subcontractor expenditures, are allowable costs associated in performing the contracted services.

If the Contractor/subcontractor/independent consultant received payments that are determined to be unallowable, in addition to any other remedies F5CA may have, F5CA may withhold payments from the Contractor to recover these costs. In addition to any other remedies F5CA may have, F5CA reserves the option to collect any unallowable cost from the Contractor in monthly installments.

If disallowed or questionable costs are found, a draft report will be issued to the Contractor for review and comment. The Contractor will have thirty (30) days to submit written comments and/or supply additional source documentation to F5CA for consideration in preparing the final report.

The parties hereto mutually agree that the resolution of any issues pertaining to audits shall be resolved.