CTC-C-26-003_Tolling.docx

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Attached to
Financial Feasibility Review for Toll Facility under AB 194.
Solicitation number
0000036145
Issued by
California

About this file

This is a Request for Proposal (RFP) issued by the California Transportation Commission (CTC) seeking consulting services for financial feasibility reviews of High Occupancy Toll (HOT) lanes projects. The RFP solicits a contractor to provide expertise, advice, and assistance in forecasting the fiscal viability of HOT lanes projects from various agencies throughout California. The contractor will review project proposal reports and provide independent evaluations of the reasonableness of information presented by applicant agencies, with reports due within 30 days of each task order. The contract will run from September 1, 2025, through December 31, 2026, with a maximum contract value of $49,900. Proposals are due by 10:00 a.m. PST on August 20, 2025, with an anticipated award in the week of September 3, 2025.

The RFP includes several special program provisions, including a Small Business Enterprise preference of 5% and a Disabled Veteran Business Enterprise (DVBE) incentive program. The evaluation process will be based on a 100-point scale, with 60 points for demonstrated knowledge and expertise and 40 points for cost. Proposers must complete various attachments, including certification forms, references, and cost worksheets. The contract is funded through state transportation resources and is subject to budget appropriations, with the potential for termination if sufficient funds are not allocated. Proposers must comply with various state regulations, including conflict of interest provisions, taxpayer status requirements, and sanctions related to Russia.

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TBD CTC-C-26-003

Exhibit E Page 1 of 1

The following is a list of documents which should be included in your Internet Package.

Form Name
Attachment Number

Request for Proposal–Cover Letter

Table of Contents

Request for Proposal

Cost Proposal Worksheet
1
Key Personnel Hours Table (Sample)
2A
Sample Reference Form
2B
Bidder Declaration, GSPD-05-105
7
California Disabled Veteran Business Enterprise (DVBE) Program Requirements
Electronic

11-12

Disabled Veteran Business Enterprise Declarations, DGS PD 843
Electronic9

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

Quotes from SB/DVBE Subcontractors
2A
Contractor Certification Clauses (CCC 04/2017)
Electronic 5

https://www.dgs.ca.gov/OLS/Resource s/Page-Content/Office-of-Legal- Services-Resources-List- Folder/Standard-Contract-Language

Proposal/Proposer Certification Sheet
3
Darfur Contracting Act Certification
6
Required Attachment Checklist
4
Proposed Form of Agreement, STD 213
10

CALIFORNIA TRANSPORTATION COMMISSION

1120 N STREET, MS-52 | SACRAMENTO, CA 95814 (916) 654-4245

http://www.catc.ca.gov

STATE OF CALIFORNIA

GAVIN NEWSOM, Governor

August 5, 2025

REQUEST FOR PROPOSAL

Notice to Prospective Proposers RFP Number CTC-C-26-003

You are invited to review and respond to this Request for Proposal (RFP) Number CTC-C-26-003 entitled, Financial Feasibility Review for Toll Facility under AB 194. In submitting your proposal, you shall comply with the instructions found herein. In addition to those programs and preferences that are specifically specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

The California Transportation Commission (the Commission) is committed to meeting the State’s 25% Small Business participation goal, as required by Governor Executive Order S-02-06 and want to encourage Certified Small Businesses (SB), Microbusinesses (MB), and any Contractors willing to commit to subcontracting a minimum of 25% of their net bid price to certified SB or MB to submit proposals. See Section D, Special Programs, Item 1, in this RFP for requirements.

The California Transportation Commission (the Commission) wants to help in the State’s efforts to improve the economically disadvantaged position of Disabled Veteran Business Enterprises (DVBE) (Public Contract Code (PCC) 10115 et.seq, Military and Veterans Code, section 999 et seq., and California Code of Regulations (CCR), Title 2, section 1896.60 et seq.). The Commission wants to provide the opportunity and promote competition that will help maintain and strengthen the overall economy of the State; therefore, encourages DVBEs to submit proposals.

Note that all Agreements entered into with the Commission will include, by reference, General Terms and Conditions (GTC 04/2017) and Contract Certification Clauses (CCC 04/2017) that may be viewed and downloaded at Internet site: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language.

The designated contact person for this RFP is:

Gloria Mercado gloria.mercado@catc.ca.gov Please note that no verbal information given will be binding upon the Commission unless such information is issued in writing as an official addendum.

*Technical questions regarding this solicitation will be addressed, in writing, in accordance with the Questions and Answers portion of this RFP. See Section C Questions and Answers for more details. Sincerely, GLORIA MERCADO

Contract Analyst

Table of Contents

SECTION
PAGE
A) 1BPurpose and Description of Service
1
B) 2BMinimum Qualifications for Proposers
1
C) 3BProposal Requirements and Information
2
1. Time Schedule
2
2. Questions and Answers
2
3. Proposal Requirements
2-4
4. Cost Worksheet Requirements
5
5. Darfur Contracting Act
5
6. Executive Order N-6-22 - Russia Sanctions
5
7. Standard Title VI/Nondiscrimination Assurances
5
8. Submission of Proposal
6-7
9. Evaluation Process
7-9
10. Award and Protest
9
11. Disposition of Proposals
10
12. Standard Conditions of Service
10

D) 4BSpecial Program(s)

1. Small Business Enterprise or Microbusiness Preference
10-11
2. Disabled Veteran Business Enterprise (DVBE) Participation Requirements
11-12
3. Target Area Contract Preference Act (TACPA)
12

Attachments

0BCost Worksheet (Sample)
1
Key Personnel Hours
2A
References
2B
Proposal/Proposer Certification Sheet
3
Required Attachment Checklist
4
Contractor Certification Clauses (CCC 04/2017)
5
Darfur Contracting Act Certification
6
Bidder Declaration, GSPD-05-105
7
Target Area Contract Preference Act (TACPA), STD 830
8A
Bidder’s Summary of Contract Activities and Labor Hours, DGS/PD 526
8B
Disabled Veteran Business Enterprise Declarations STD 843
9
Proposed Form of Standard Agreement, STD 213
10

California Transportation Commission RFP Number CTC-C-26-003

A) Purpose and Description of Services

The Contractor is to provide CTC with expertise, advice, representation, and assistance in forecasting the fiscal viability of High Occupancy Toll or lanes projects from various agencies throughout California. The Contractor will review information from three separate projects. Multiple reports will be presented in project proposal reports and related attachments and will provide CTC with an independent evaluation and report of the reasonableness of the information presented by the applicant agencies in relation to a request for CTC approval. The Contractor's report will also conclude, citing specific references and reasons, as to whether or not the proposed projects meet CTC's scope and criteria for approval, as described in the CTC's policy guidance for approval of Toll Facility Project Applications (Attachment 2). The Contractor's report will become part of CTC's work product in approving the project. A report will be required for each individual task order (i.e., project application to be evaluated).

Refer to the Proposed Form of Agreement, which is attached to this RFP as Attachment 10 (Exhibit A).

B) Minimum Qualifications for Proposers

A. The Contractor is to provide CTC with expertise, advice, representation, and assistance in forecasting the fiscal viability of HOT lanes projects from various agencies throughout California. The Contractor will review information presented in project proposal reports and related attachments and will provide CTC with an independent evaluation and report of the reasonableness of the information presented by the applicant agencies in relation to a request for CTC approval. The Contractor's report will also conclude, citing specific references and reasons, as to whether or not the proposed projects meet CTC's scope and criteria for approval, as described in the CTC's policy guidance for approval of Toll Facility Project Applications (Attachment 2). The Contractor's report will become part of CTC's work product in approving the project. A report will be required for each individual task order (i.e., project application to be evaluated).

i. The Contractor will be required to review and sign a Conflict-of-Interest statement prior to the review of any application.

B. Each Contractor’s report is due to CTC within 30 days from the receipt of each task order, and an additional follow-up report may be requested on a case- by-case basis. The Contractor shall be available on an “on-call” basis for the duration of the contract.

C. The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until written approval has been obtained from all entities. Any delivery or performance of service that is commenced prior to the signing of the Agreement shall be considered voluntary on the part of the Contractor and non- compensable.

California Transportation Commission RFP Number CTC-C-26-003

D.

C) Proposal Requirements and Information

1. RFP Schedule

It is recognized that time is of the essence. All proposers are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

EVENT
DATE
TIME

(Pacific Time)

5BRFP available to prospective proposers
08/06/25
1:00 p.m. PST
Written Question Submittal
08/11/25
Final Date for Proposal Submission
08/20/25
10:00 a.m. PST
Cost Proposal Opening
08/22/25

Posting of Notice of Intent to Award

Week of 08/25/25

Proposed Agreement Award Date (estimate)

Week of 09/03/25

2. Questions and Answers

A. Questions regarding this RFP must be submitted via email by 08/11/2025. Proposers are encouraged to submit their written questions via e-mail to gloria.mercado@catca.ca.gov B. Emailed questions must include the individual's name, firm name, complete address, and must reference RFP No. CTC-C-26-003. Questions must be sent to the following:

Email: gloria.mercado@catca.ca.gov

C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the proposer to access the website for any changes or Addenda that may be posted. Refer to this RFP, Section C1, Time Schedule, for the schedule of events and dates/times. It is the responsibility of the proposer to check Cal eProcure for all addenda. Proposer can contact the Contract Analyst named above.

3. Proposal Requirements

A. An original proposal marked "PROPOSAL" will be required for the Proposal. Each Proposal shall contain at a minimum, all required items listed below. Each requirement’s location must be listed in a Proposal, Table of Contents. Also see RFP Section C 9., Submission of Proposal, for submittal details.

1) Section 1. Introduction and Minimum Qualifications: Proposer shall:

a. Introduce its team and summarize the highlights of the proposal.

b. Provide the information to demonstrate the minimum qualifications listed in RFP section B) Minimum Qualifications for Proposers.

2) Section 2. Project Management: Proposer shall:

a. Designate, by name, the Project Manager to be employed. Project Manager shall be responsible for implementing the Scope of Work, overseeing the activities of the project team, and shall be the single point of contact for this contract. The Project Manager must be available to the Commission as needed to effectively manage this b.

contract. The selected Contractor shall not cause the substitution of the Project Manager without prior written approval of the Commission.

c. Explain how the various tasks will be managed and coordinated, and how the project manager’s technical expertise will support the effective management and coordination of the all activities described in the Scope of Work.

d. Provide an organizational flow chart showing the hierarchy of the proposer’s team personnel that will be utilized during the term of the Agreement. The chart must show the relationship between the Project Manager and personnel of the proposer’s organization and other parties (including subcontractors) to the proposal.

3) Section 3. Personnel: This section of the Proposal shall identify the proposed team and key personnel. Key personnel shall have experience with, and in- depth knowledge of, techniques and procedures necessary to accomplish the various tasks listed in Attachment 10 (Proposed Form of Agreement), Exhibit A, Scope of Work.

a. Identify all key personnel of the prime contractor who will be working under the Agreement and provide brief (two pages maximum) resumes. Include titles, education, academic degrees, professional licenses, qualifications, proposed roles and responsibilities, summaries of similar work performed and expected level of availability for this Agreement.

b. Introduce the proposed subcontractor organizations, if any, and provide qualifications, roles, and responsibilities for the company/organization as a whole. Provide brief (two pages maximum) resumes for each of the subcontractors’ key personnel listed to provide services under the Agreement. Include titles, education, academic degrees, professional licenses, qualifications, proposed roles and responsibilities, summaries of similar work performed and expected level of availability for this Agreement. (The cost of the subcontracted work is to be itemized in the Cost Worksheet as described below in Cost Worksheet Requirements.)

c. Proposer shall provide a table in the format provided on Attachment 2A indicating how many hours each key personnel will be assigned for the Agreements and what task(s) each key personnel will perform. All key personnel of prime contractor and subcontractors assigned to the contract and listed in the Proposal must be identified by name, title and firm name in the table (Attachment 2A). Hours listed for key personnel on the table should match hours listed for key personnel in the Cost Worksheet.

d. The selected contractor shall not substitute the listed key personnel or subcontractors without prior written approval by the Commission’s Contract Manager.

4) Section 4. Qualifications and Experience: Proposer shall:

a. Document the project team’s qualifications as they apply to performing the tasks described in the Scope of Work. Describe recently completed work as it relates to this scope of work.

b. Provide a table or matrix of relevant, previous contracts or projects cross- referenced with the requested services. Indicate the number of years of experience in each area.

c.

d. Provide a minimum two (2) and maximum three (3) samples of relevant work experience identified under Task one (1) through Task six (6) in the Scope of Work (Attachment 10, Exhibit A, Scope of Work).

5) Section 6. References:

Proposer shall provide a minimum of two (2) references and a maximum of three (3) references. The references must be clients for whom the proposer has performed similar or related work in the past, preferably within the last five (5) years. Each reference must be in the format listed in Attachment 2B.

B. Page Headers and Page Numbering

All pages of the Proposal, including cover pages, Table of Contents, references and resumes, shall have the following header and page numbering format in the upper right- hand corner:

Date:

Agreement: CTC-C-26-003 Attachment 2 Page # of ##

Proposer shall provide a minimum of two (2) references and a maximum of three (3) references. The references must be clients for whom the proposer has performed similar or related work in the past, preferably within the last five (5) years. Each reference must be in the format listed in Attachment 2B.

A. The Cost Worksheet, and only the Cost Worksheet, shall list all items that will be charged to the Commission for this Agreement. Cost information of any kind for this Agreement is not allowed in the Proposal. The Cost Worksheet shall include both prime contractor and all subcontractors cost information. Cost Worksheets shall follow the format provided in the sample Cost Worksheet, Attachment 1, and shall be submitted along with Proposal in a separate attachment, clearly labeled “Cost Worksheet – Agreement # CTC-C-26-003”. The total amount of the Agreement may not exceed the amount set forth in Attachment 1. Any proposal in excess of $ 49,900.00 shall be deemed non-responsive.

B. Each Cost Worksheet shall contain at a minimum, all required items listed below:

1) Cover page in the format listed on page 1 of Attachment 1, Cost Worksheet.

2) Prime Contractor’s cost breakdown in the format listed on page 2 of Attachment 1, Cost Worksheet.

3) Each subcontractor’s cost breakdown (separately) in the format listed on page 3 of Attachment 1, Cost Worksheet.

C. Page Headers and Page Numbering All pages of the Cost Proposal, including cover pages, Table of Contents shall have the following header and page numbering format in the upper right-hand corner:

Cost Worksheet Date Agreement No. CTC-C-26.003 Attachment 1 Page # of ##

4. Darfur Contracting Act

A. The Darfur Contracting Act (Pub. Cont. Code Sections 10475-10481) applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC Section, 10475. All bidders shall complete the Darfur Contracting Act Certification form (Attachment 6) and submit with bid. and submit with bid.

B. If your company has not, within the previous three years, had any business activities or other operations outside of the United States, complete Option 1 on the Darfur Contracting Act Certification form.

C. A scrutinized company is a company doing business in Sudan as defined in PCC Section, 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (PCC Section, 10477 [a]).

D. Therefore, PCC Section, 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency.

E. A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in PCC Section,10477(b).

5. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law unless the contract has been Federalized (i.e. there is federal participation in any phase). By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

6. Standard Title VI/Nondiscrimination Assurances The California Transportation Commission, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

7. Submission of Proposal

A. Proposals should provide straightforward and concise descriptions of the proposer's ability to satisfy the requirements of this RFP. The proposal must be complete and accurate. Omissions, inaccuracies or misstatements may be sufficient cause for rejection of a proposal or reduction in points/score during evaluation.

B. All documents contained in the original proposal package must be signed by a person who is authorized to bind the proposing firm.

C. The Commission does not accept alternate Agreement language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC 02/2025) are not negotiable. The GTC 02/2025 may be viewed at Internet site https://www.dgs.ca.gov/- /media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2.

D. All proposals shall include the documents identified in this RFP’s Required Attachment Checklist, Attachment 4. Proposals not including the proper "required attachments" may be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

E. Responses to this RFP shall be submitted in two (2) separate attachments:

1st Attachment: Proposal CTC-C-26-003 2nd Attachment: Cost Worksheet CTC-C-26.003 – Original Cost Worksheet, Proposal/Proposer Certification Sheet, and cost information (i.e., if applicable: DVBE, Small Business, Target Area Contract Preference Act - TACPA).

F. Proposals must be submitted no later than 10:00 a.m., 08/20/25, and addressed as follows (reference Section C1, Time Schedule):

1) Proposals received after this time and date will be rejected.

2) The proposal must be labeled with the RFP number as shown above.

3) Proposals not submitted marked as indicated may be rejected. If the proposal is made under a fictitious name or business title, the actual legal name of proposer must be provided.

G. Proposals must be submitted for the performance of all services described herein. Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

H. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The Commission may reject a proposal that is not responsive, does not meet the technical standards, or is not from a responsible proposer, or may reject all proposals. The Commission may also waive any immaterial deviation in a proposal. The Commission’s waiver of immaterial defect shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if the proposer is awarded the Agreement.

I. Costs for developing proposals and in anticipation of award of the Agreement are entirely the responsibility of the proposer and shall not be charged to the State of California.

J. Only an individual who is authorized to contractually bind the proposing firm shall sign the Proposal/Proposer Certification Sheet, Attachment 3. The signature must indicate the title or position that the individual holds in the firm. The proposer’s proposal may be rejected if the Proposal/Proposer Certification Sheet is not signed.

K. A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline. Proposal modifications offered in any other manner, oral or written, will not be considered.

L. A proposer may withdraw its proposal by submitting a written withdrawal request to the Commission that is signed by the proposer or an authorized agent. A proposer may M.

thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

N. The Commission may modify the RFP up to the specified time of the date fixed for submission of proposals by the issuance of an addendum. All addenda prior to the submission deadline are also posted on Cal eProcure: (https://caleprocure.com/pages/index.aspx) O. The Commission reserves the right to reject all proposals for reasonable cause.

P. Proposers are cautioned to not rely on the Commission during the evaluation to discover and report to the proposer any defects and errors in the submitted documents. Before submitting their documents, proposers should carefully proof them for errors and adherence to the RFP requirements.

Q. More than one (1) proposal or a proposal that includes various options or alternatives from an individual, firm, partnership, corporation or association under the same or different names, will be rejected. Reasonable grounds for believing that any proposer has submitted more than one proposal for the work contemplated herein will cause the rejection of all proposals submitted by that proposer. If there is reason for believing that collusion exists among the proposers, none of the participants in such collusion will be considered in this or future procurements.

8. Evaluation Process

A. Format Requirements

1) At the time of proposal opening, each proposal will be checked for the presence and/or absence of required information in conformance with the submission requirements of this RFP. Proposals that do not provide requested information may be rejected as non- responsive.

2) Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the proposer, shall be rejected.

B. Evaluation of Proposals

The following Evaluation Criteria summarizes the items, the weighting of importance for each item, and the maximum number of points to be awarded for each stage of the evaluation by the evaluation team. Proposals must be responsive to move to the next stage. Proposals that are determined to be non-responsive to a stage may not be eligible to receive an award.

Table 1 Evaluation Criteria

Evaluation Criteria

Evaluation Item
Maximum

Points

Administrative Evaluation
Pass/Fail
Demonstrated knowledge, expertise, ability, and experience
60
Cost Evaluation – including average weighted cost per hour
40
Total Possible Score
100

Administrative Evaluation of proposals will be evaluated and scored on a pass/fail basis. The Procurement Official and the evaluation Team will review the Proposals to ensure the submission and completion of the required forms, documents, and certifications as listed on the Request for Proposal. The Administrative Evaluation will be scored on a Pass/Fail basis and only those Proposals that receive a passing score will proceed to the other evaluation phases.

The evaluation team will use a consensus scoring model to score the following:

Cost Evaluation (40 Maximum Points). The responsive Bidder with the lowest costs will be awarded 40 points. All other Bidders will receive a score calculated on a percentage basis of the lowest cost.

Cost Scoring Example

Example

Vendor

A
B
C
Total Bid Amount
Percentage

(Lowest Price ÷ Bidder’s Price) Cost Score (B x 40 = C)

A
$620,000
$620,000 / $620,000 = 1.0
1.0 x 40 = 40
B
$655,000
$620,000 / $655,000 = .95
.95 x 40 = 38

Note: Decimals are rounded to the nearest hundredths.

Once scores are final, proposals will have applicable preferences and incentives applied.

Award, if made, will be to the Proposer who submitted the highest scored responsive and responsible proposal. A responsive proposal is one which meets or exceeds the requirements stated in this RFP.

Small Business Preference

As an incentive, a small business prime contractor who is a certified small business and is responsible for performing work that is at least 25% of its net bid price is eligible for a bid preference of five percent (5%) of the highest scored responsible proposal that is not eligible for the small business preference. Scored points for cost will be re-apportioned after application of the 5% calculation of the highest score. All bids from certified SBs will receive the additional points.

The California Disabled Veteran Business Enterprise Program requires that agencies take all practical actions necessary to meet or exceed a Disabled Veteran Business Enterprise (DVBE) participation goal of three percent (3%) of the agency’s overall contract dollars. The following participation points shall apply to this solicitation:

Confirmed DVBE Participation
DVBE Incentive Percentage (% of total points available)
DVBE Incentive Points
5%
5%
100 points x .05 = 5
3% - 4.99%
3%
100 points x .03 = 3
1% - 2.99%
2%
100 points x .02 = 2

C. Miscellaneous Award Issues

1) The Commission does not negotiate rates and/or costs listed on any Cost Worksheet submitted for the RFP.

2) If no proposals are received containing bids offering a price, which in the opinion of the Commission is a reasonable price, the Commission is not required to award an Agreement (Pub. Cont. Code Section 10344[d]).

3) The proposer is advised that should this RFP result in an award of an Agreement, the Agreement will not be in force and no work shall be performed until the Agreement is fully approved by the Commission and the proposer is notified by the Contract Manager to begin work.

4) In the event of a precise tie, lots will be drawn to determine the successful proposer, or if applicable, the tie will be broken in accordance with Government Code Section 14838(f).

9. Award and Protest A. Notice of Intent to Award shall be posted on the following Internet site: www.catc.ca.gov for five (5) working days prior to awarding the Agreement, as well as an email sent to all firms that submitted a proposal.

B. Any bidder’s issues regarding solicitation requirements must be resolved (or attempts to resolve them must have been made) before a protest may be submitted according to the procedure below. These issues will first be resolved by the contact for the solicitation or if they result in a protest, the protest will be submitted to DGS Office of Legal Services to hear and resolve issues and whose decision will be final.

All protests of award must be made in writing, signed by an individual authorized to bind the bidder contractually and financially, and contain a statement of the reason(s) for the protest; citing the law, rule, regulation, or procedure on which the protest is based. The protestor must provide facts and evidence to support the claim. The initial protest letter followed within five calendar days by a detailed, written statement of protest, (both of which should include the RFP number, and the name of the State agency contract person) should be submitted to the following:

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

The awarding agency [insert contracting department’s name, address, and email/fax number if electronic filing is accepted] All protests to the RFP or protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by the DGS Office of Legal Services as promptly as possible, but not later than the date indicated in the Notification of Intent to Award. Protests may be sent to DGS by regular mail, email, courier or personal delivery. Protestants should include their email address if they have one and advise the DGS Bid Protest Coordinator if they will accept service of documents pertaining to the protest via email

10. Disposition of Proposals

Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code section 6250 et seq.) and subject to review by the public. The State cannot prevent the disclosure of public documents. However, the contents of all proposals, draft proposals, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a proposer's proposal, shall be held in the strictest confidence until the “Notice of Intent to Award” is posted.

11. Standard Conditions of Service A. Service shall be available no sooner than the express date set by the Commission and the proposer, after all approvals have been obtained and the Agreement is fully executed. Should the proposer fail to commence work at the agreed upon time, the Commission, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the proposer shall be liable to the State for the difference between proposer’s proposal price and the actual cost of performing work by the second lowest proposer or by another Contractor.

B. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

C. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a "loss leader" as defined in Section 17030 of the California Business and Professions Code. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or b) where the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors.

D. No oral understanding or agreement shall be binding on either party.

E. If the proposer is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the proposer will be liable to the Commission for actual damages resulting to the Commission therefrom or ten percent (10%) of the amount proposed, whichever is less.

D) Special Program(s)

The following Special Program(s) are applicable to this RFP.

1. Small Business Enterprise or Microbusiness Preference

A. Government Code Section 14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a Certified SB or MB. References to a small business (SB) shall also include micro-business (MB). The rules and regulations of this law, including the definition of a SB for the delivery of services, are contained in Title 2, California Code of Regulations, Section 1896 (2 CCR Section 1896) et seq.

B. To claim the SB or MB preference, Contractor must have its principal place of business located in California, satisfy all of the SB or MB requirements, and be certified by the California Department of General Services (DGS), Office of Small Business and Disabled Veteran Business (DVBE) Services (OSDS). The preference amount may not exceed fifty thousand dollars ($50,000) for any bid. If prospective contractor is claiming the five percent (5%) certified SB or MB preference, complete Section 16 of the Bid/Bidder Certification C.

Sheet (Attachment 7) and attach a copy of your certification. Additionally, Contractor may satisfy the non-SB requirements described below.

D. Pursuant to Government Code Section 14838 and 2 CCR Section 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least twenty five percent (25%) of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) non-SB (NSB) preference, complete Section 17 of the Bidder Declaration (GSPD-05-105), Attachment 7 which can be downloaded at https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05- 105.pdf.The bidder shall list the names of all certified SB firms being claimed for credit. For each certified SB subcontractor listed, the bidder shall submit a copy of the quotes from each SB (on the SB’s company letterhead) as Attachment 7, “Quotes from SB or DVBE Subcontractors.”

CI. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

CII. Certified SB and MB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s).

CIII.SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder.
CIV.Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940, or by email:osdshelp@dgs.ca.gov.

CV. SB or MB bidders or bidders using the “Non-Small Business” preference shall be granted a preference consisting of five percent (5%) of the lowest responsible bidder’s total bid if the lowest bid is from a non-certified SB or MB.

CVI. Additional references are at https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business- Disabled-Veteran-Business-Enterprise.

2. Disabled Veteran Business Enterprise (DVBE) Incentive

A. DVBE Participation Program Incentive

A DVBE participation is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this RFP. See Section D, Item 2, Paragraph B, in this RFP for requirements.

1) Proposer shall complete and submit the Proposal/Proposer Certification Sheet (Attachment 3), Bidder Declaration, GSPD-05-105 (Attachment 7), and as applicable, the Disabled Veteran Business Enterprise Declarations form STD 843 (Attachment 9). Proposer shall complete or collect STD 843(s) when the following situations occur:

Proposer is DVBE (prime) contractor.

Proposer subcontracts with any DVBE firm. Proposer collects and submits with its proposal package a completed and signed STD 843 from each of the DVBE subcontractor(s) listed on the GSPD-05-105.

For each certified DVBE subcontractor listed on the Bidder Declaration, GSPD-05-105, the Proposer shall submit a copy of the quotes from each DVBE (on the DVBE’s company letterhead) as Attachment 7, titled “Quotes from DVBE Subcontractors.” as proof of commitment. Failure to provide required DVBE information will result in the bid being rejected as non-responsive.

2) Additional references: https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch- Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business- Enterprise/Certification-Program.

3)

A. DVBE Incentive Program

1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in Military and Veterans Code, section 999 et seq., and 2 CCR section 1896.99 et seq., to encourage proposers to partner with DVBE subcontractors. A dollar cap of $100,000 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible proposer with the confirmed DVBE participation per the Tables in paragraph 3) below is eligible to receive the incentive. Proposers who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

2) The Commission will apply an incentive to proposals proposing the utilization of DGS Certified DVBE firms identified on the Bidder Declaration, GSPD-05-105. Information provided on the Bidder Declaration, GSPD-05-105 shall be verified by the Commission prior to the award of the contract. The incentive amount is equal to a percentage of the lowest responsive and responsible proposal based on the amount of DVBE participation in the proposal being evaluated per the Tables below.

3) Tables for RFP Participation Incentive

Verified DVBE Participation
DVBE Incentive Amount
5% or more
5%
4% - 4.99%
4%
3% - 3.99%
3%
2% - 2.99%
2%
0.1% - 1.99%
1%

4) When applying the DVBE incentive a Non-SB shall not displace an award to a California Certified Small Business. Nor shall the DVBE incentive exceed five percent (5%) of the cost proposal amount.

5) Additional information: https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch- Intro-Accordion-List/OSDS/OSDS

3. Target Area Contract Preference Act (TACPA)

If the proposal is claiming the TACPA submit the attached form DGS/DP 526 and TACPA form STD 830. Refer to Attachments 8A and 8B.A Bidder’s Summary of Contract Activities and Labor Hours must accompany each of the listed preference form(s).

Sample Cost Worksheet ATTACHMENT # 1 Cover Page

Table 1 Total Costs for Prime and Each Subcontractor

Prime Contractor (firm name) Total Costs (for this Agreement)
$
Subcontractor 1 (firm name) Total Costs (for this Agreement)
$
Subcontractor 2 (firm name) Total Costs (for this Agreement)
$
Subcontractor 3 (firm name) Total Costs (for this Agreement)
$
* Grand Total for this Agreement
$

Cost Breakdown

Prime Contractor: (Firm Name)

Direct Labor Cost

Personnel (Name and Title)
Hours
Rate* (per hour)
Total (Hours X Rate)
Staff Name: Project Manager
hrs.
@
$
$
Staff Name:
hrs.
@
$
$
Staff Name:
hrs.
@
$
$
Staff Name:
hrs.
@
$
$
Sub Total – Labor Cost
hrs.
N/A
$

Other Direct Costs (except labor)

Research
$
Supplies
$
Travel
$
Other Direct Costs (itemize)
$
Sub Total – Other Direct Costs (except labor)
$
Prime Contractor (Firm Name) Total Cost for Task 1
$

Notes:

Labor Rates shall include indirect costs (such as overhead, fringe, and any other items), fee/profit and any other applicable costs to be charged to the Commission for this agreement. Rate should be rounded to the second decimal point prior to calculating the Total.

Travel, Transportation, and subsistence costs shall not exceed rates authorized to be paid to non- represented state employees under current CalHR rules.

Attach additional Cost Proposal Worksheets in this format for Prime Contractor’s costs, if needed

Subcontractor 1: (Firm Name)

Direct Labor Cost

Personnel (Name and Title)
Hours
Rate* (per hour)
Total (Hours X Rate)
Staff Name: Project Manager
hrs.
@
$
$
Staff Name:
hrs.
@
$
$
Staff Name:
hrs.
@
$
$
Staff Name:
hrs.
@
$
$
Sub Total – Labor Cost
hrs.
N/A
$

Other Direct Costs (except labor)

Travel
$
Other Direct Costs (itemize)
$
Sub Total – Other Direct Costs (except labor)
$
Subcontractor 1 (Firm Name) Total Cost for Task 1
$

Notes:

Labor Rates shall include indirect costs (such as overhead, fringe, and any other items), fee/profit and any other applicable costs to be charged to Caltrans for this agreement. Rate should be rounded to the second decimal point prior to calculating the Total.

Travel, Transportation and subsistence costs shall not exceed rates authorized to be paid to non- represented state employees under current CalHR rules.

Attach additional Cost Proposal Worksheets in this format, as applicable, for each subcontractor’s costs, if needed.

ATTACHMENT # 2A

Page1 of 1

Key Personnel Hours Table must be submitted with the Proposal (Refer to RFP Section C) 3, Proposal Requirements, item A. 3), Personnel).

1. Personnel: All Key Personnel of prime contractor and all subcontractors assigned to the contract and listed in the Proposal must be identified by name, title and firm name in the table below.

2. Proposer shall provide hours assigned to key personnel (including key personnel of subcontractors) in format provided in the table below. Hours listed for key personnel on the table should hours listed for key personnel in the Cost Worksheet. Providing other units of measure does not satisfy this requirement. Failure to provide hours assigned to key personnel (including key personnel of subcontractors) per task may be sufficient cause for rejection of proposal.

3. Proposer may add/delete rows and columns as needed to the table below.

Sample Key Personnel Hours Table

Key Personnel
Task1
Task 2
Task 3
Task 4
Task 5
Task 6
Total
Personnel Name, Title, Firm Name
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.
Personnel Name, Title, Firm Name
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.

Personnel Name, Title, Firm Name

hrs.
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.
Personnel Name, Title, Firm Name
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.
Total
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.

Page1 of 1

ATTACHMENT # 2B

Sample Reference Form Each reference shall include the following information:

Name of firm/organization (Prime Contractor) that provided services:

Client firm/organization name and address:

Contact Name:

Title:

Email Address:

Phone Number:

Street Address:

Brief Description of the project, including services and deliverables:

Agreement term (dates):

Agreement Value/Cost:

Highlights relevant and applicable to this RFP:

ATTACHMENT # 3

Proposal/Proposer Certification Sheet Only an individual who is authorized to bind the proposing firm contractually shall sign the Proposal/Proposer Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. This Proposal/Proposer Certification Sheet must be signed and returned along with all "required attachments" as an entire package with signatures. The proposal must be transmitted as a separate attachment in accordance with RFP instructions.

A. Our all-inclusive proposal is submitted as a separate attachment marked “Cost Worksheet – CTC-C-26-003” B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this proposal document. The signature below authorizes the verification of this certification.

D. The signature and date affixed hereon certifies that this proposal is a firm offer for a 90-day period.

An Unsigned Proposal/Proposer Certification Sheet May Be Cause for Proposal Rejection

1. Company Name
2. Telephone Number
2a. Fax Number
()
()

2b. Email address:

3. Address

Indicate your organization type:

4.Sole Proprietorship
5.Partnership
6.Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN)

8. California Corporation No.

Indicate applicable license and/or certification information:

9. Contractor’s State Licensing
10. PUC License Number
11. Required
Board Number
CAL-T-
12. Proposer’s Name (Print)
13. Title
14. Signature
15. Date

16. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as:

a. Small Business Enterprise Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”. Date application was submitted to OSDS, if an application is pending:

17. Are you a Non-Small Business committing to the use of 25% Certified Small Business Subcontractor Participation?
YesNo

If Yes, complete and return the Bidder Declaration form, GSPD-05-105 with your proposal.

Completion Instructions for Proposal/Proposer Certification Sheet Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below.

Item Numbers
Instructions
1, 2, 2a, 3
Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7
Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete if your firm holds a California contractor’s license. This information will used to verify possession of a contractor’s license for public works agreements.

10
Complete if your firm holds a PUC license. This information will be used to verify possession of a PUC license for public works agreements.
11
Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being

procured.

12, 13, 14, 15
Must be completed. These items are self-explanatory.

If certified as a Small Business Enterprise, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

17
Check the applicable box. Complete and return GSPD-05-105 with your proposal.

ATTACHMENT # 4 REQUIRED ATTACHMENT CHECKLIST

A complete proposal package will consist of the items identified below. Complete this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State. All attachments identified below are applicable to this RFP and must be returned, as instructed, or your proposal may be considered non-responsive. Return this checklist with your Technical Proposal package.

Technical Proposal and Attachments

NOTE: Return this Checklist with the Technical Proposal package.

Attachments
Attachment Name/Description

Proposal as stated in this RFP (This shall be incorporated into the contract as Attachment 2)

Contractor Certification Clauses (CCC 04/2017). The CCC 04/2017 that must be downloaded at https://https.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language. Page one (1) must be signed and submitted prior to the award of the Agreement.

California Civil Rights Laws Certification, The California Civil Rights Laws Certification (Attachment XX).

Darfur Contract Act Certification, The Darfur Contract Act Certification (Attachment XX).

Iran Contract Act Certification, The Iran Contracting Act Certification (Attachment XX).
Required Attachment Checklist (RFP Attachment)

Cost Worksheet and Attachments

NOTE: All Cost Worksheet Information and applicable Attachments MUST be packaged separately from the Proposal package. No Cost information of any kind is allowed in the Proposal.

Attachments
Attachment Name/Description

Cost Worksheet (RFP Attachment 1)

Bidder Declaration, GSPD-05-105 (RFP Attachment )

Proposal/Proposer Certification Sheet (RFP Attachment #)

Disabled Veteran Business Enterprise Declarations, DGS PD 843, must be downloaded at https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

Quotes from SB/DVBE Subcontractors (RFP Attachment )

Target Area Contract Preference Act (TACPA) (Attachment )

Re…

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