DDS_RFP_HD249101_All_Meetings_Facilitator.pdf

PETE CERVINKA

ACTING DIRECTOR

State of California—Health and Human Services Agency

Department of Developmental Services 1215 O Street, Sacramento, CA 95814 www.dds.ca.gov

GAVIN NEWSOM

GOVERNOR

DEPARTMENT OF DEVELOPMENTAL SERVICES

REQUEST FOR PROPOSAL (Secondary) HD249101

DDS All Meetings Facilitator

Notice to Prospective Proposers

October 11, 2024

You are invited to review and respond to the Department of Developmental Services (DDS) Request for Proposal (RFP) HD249101, entitled “DDS All Meetings Facilitator.” By submitting a proposal, the Proposing firm agrees to the terms and conditions stated in this RFP.

In submitting a proposal, Proposers agree that they have read, understood, and will comply with the instructions found herein. Failure to comply with any of the requirements may result in the rejection of a proposal. By submitting a response, Proposers agree to the terms and conditions stated in this solicitation and any resulting agreement.

All agreements entered into with the State of California will include, by reference, the state’s General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

This solicitation is published online on the eProcurement System webpage (formerly the California State Contracts Register) at https://caleprocure.ca.gov/pages/index.aspxhttps://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda that may be issued, and answers to any questions posed, Proposers must register online at https://caleprocure.ca.gov/pages/. If a Proposer does not have Internet access, a hard copy can be obtained by contacting the person listed below.

In accordance with the California Government Code and Americans with Disabilities Act (ADA) requirements, this RFP can be made available in a text-only format on a compact disc as a disability-related reasonable accommodation. Please contact the contract analyst listed below for an accessible version of the RFP.

In the opinion of the DDS, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please contact:

Lisette Fowler Contract Analyst lisette.fowler@dds.ca.gov

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Department of Developmental Services

RFP HD249101

The Disabled Veteran Business Enterprise (DVBE) participation requirement is waived for this RFP. However, DVBE participation is highly encouraged through the use of a DVBE incentive.

Contents

NOTICE TO PROSPECTIVE PROPOSERS

I. PURPOSE

II. BACKGROUND

III. TERM OF AGREEMENT

IV. PROPOSER ELIGIBILITY CRITERIA

V. PROPOSER MINIMUM QUALIFICATION REQUIREMENTS

VI. KEY ACTION DATES

VII. QUESTIONS

VIII. ADDENDA

IX. REQUIRED FORMAT OF PROPOSALS

X. REQUIRED CONTENT OF TECHNICAL PROPOSAL

XI. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS

XII. COST PROPOSAL

XIII. PROPOSAL SUBMITTAL

XIV. EVALUATION PROCESS

XV. DISPOSITION OF PROPOSALS

XVI. INTENT TO AWARD AND PROTEST PROCEDURES

XVII. TAX DELINQUENCY DISCLAIMER

XVIII. PREFERENCE/INCENTIVE PROGRAMS

XIX. DARFUR CONTRACTING ACT CERTIFICATION

XX. LOSS LEADER LANGUAGE

EXHIBIT A–SCOPE OF WORK

EXHIBIT B–BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT C–GENERAL TERMS AND CONDITIONS

EXHIBIT D–SPECIAL TERMS AND CONDITIONS

EXHIBIT E–ADDITIONAL TERMS AND CONDITIONS

EXHIBIT F – SEXUAL HARASSMENT PREVENTION POLICY

EXHIBIT G–HIPAA AGREEMENT

I. PURPOSE

The Department of Developmental Services (DDS) is soliciting for consulting services that will provide effective meeting facilitator(s). Facilitators who can advance its community engagement strategy and support the development of its public policies to meet and exceed the needs of its clients.

II. BACKGROUND

To develop effective public policy, DDS regularly conducts a significant number of community engagement meetings, effectively leading and/or participating in over 75 workgroups. DDS recognizes that maintaining a dedicated, third-party meeting facilitator, who can expertly interact with its stakeholders, and understands and works with a current knowledge of intellectual and developmental disabilities (I/DD) issues, is critical and ultimately will impact the quality of life for its clients.

DDS’ statewide stakeholders are personally vested in California’s developmental disability services system. They are a diverse group and include, but are not limited to, persons with I/DD, self-advocates, family members, service providers, regional centers, advocacy organizations, legislative staff, and other state departments.

Facilitation services for DDS meetings cross all of its programs. Membership in DDS’ stakeholder groups range from approximately 8 to 45 individuals and often include public input and/or comment. Meetings will primarily occur virtually, though there may be opportunities for in-person and/or hybrid meetings throughout the state with travel to be reimbursed per existing state rates, time frames, and requirements.

III. TERM OF AGREEMENT

The term of the agreement is three years. The contract start date will commence upon the date the contract is executed and end 36 months after the start date.

The rates in Appendix 1, Attachment 3, the Proposer’s Cost Proposal Worksheet, will not increase because of any amendment to this agreement. This agreement may be terminated by DDS with 30 days’ written notice to the Contractor.

Contractors are cautioned that no work shall begin until the Agreement has been fully executed. If work is performed prior to the Agreement approval, and the Agreement for any reason is not approved, all previous work performed by the Contractor is considered voluntary and no payment shall be made for that work.

IV. PROPOSER ELIGIBILITY CRITERIA

1. Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid response to this RFP. The Proposer must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State), if applicable. Proposers must be a legally cognizable public agency, sole proprietorship, partnership, or corporation (fully incorporated by the deadline for submitting bids). Failure to meet the foregoing requirement will result in disqualification.

2. Proposers, including the Proposer’s representatives such as executives, officers, board members, and agents, must be responsible and have the capability to carry out the terms in this RFP. Proposers or Proposers’ representatives who have had an agreement terminated for cause with DDS in the past 18 months may be disqualified.

This restriction extends to all entities for which the Proposers’ representatives have been responsible for in whole or in part (e.g., making decisions, managing operations).

3. 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. 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 Contactor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

4. The Disabled Veteran Business Enterprise (DVBE) Participation Program requirements for this solicitation have been exempted. However, DDS is committed to achieving legislatively established goals for the participation of DVBEs whenever possible. Please see Article XVIII Preference/Incentive Programs.

V. PROPOSER MINIMUM QUALIFICATION REQUIREMENTS

To be considered responsive, Proposers must meet all of the following Minimum Qualification Requirements and submit the required Attachments and any documents (e.g., resumes, executive summary) that clearly explain and substantiate how the particular Minimum Qualification is met. A responsive proposal is one that meets or exceeds all the requirements stated in this RFP. Any proposal that does not meet the Minimum Qualifications and does not submit the required documents may be considered nonresponsive and may be disqualified. Failure to satisfy any of these qualifications and requirements upon submittal of the proposal will result in the rejection of the proposal.

The Proposer responding to this RFP must serve as the Prime Contractor and therefore must meet the Proposer Minimum Qualification Requirements as stated in this section.

The Prime Contractor must have the experience and qualifications to provide oversight to all proposed subcontractors. The Proposer must review and approve work products created by all proposed subcontractors.

The Proposer must demonstrate experience in the following:

1. Minimum five (5) years’ experience in facilitation of meetings, project management, data collection, reporting, and evaluation.

2. Expertise with both the Zoom meeting and webinar platforms.

3. Experience working with public sector agencies and persons with I/DD, self-advocates from diverse backgrounds, is required. Additional experience working in the health and human services field such as aging, education, health care services, and Department of Rehabilitation stakeholders in California is also highly desired and will be weighted.

4. Communicating with and facilitating meetings with DDS’ stakeholders.

5. I/DD public policy issues and current legislative and executive order mandates.

6. State government practices and organization and DDS programs and regional center structure.

7. Working with the California Health and Human Services Agency and state department executives and staff.

8. Using data and measuring performance to advise on improving government programs.

9. Supporting change management on behalf of a state entity with the public.

The Proposer’s response must identify facilitator staff and subcontractor facilitator staff that it proposes to use as part of its agreement and how they meet the minimum qualifications.

The Proposer must employ and use facilitators:

1. Who hold a bachelor’s degree from an institutionally accredited university, as listed on the U.S. Department’ of Education’s Office of Postsecondary Education’s web site at DAPIP | Homepage (ed.gov), in any of the following areas:

a. Communications

b. Public Policy

c. Government/Political Science

d. Health and Human services-related fields, including, but not limited to, health care, disabilities, rehabilitation, behavioral health/mental health.

The Proposer must provide:

a) Resumes for each professional staff member and subcontractor.

b) Three references, including, but not limited to, government agency representatives, attesting to the effective performance of the facilitator and specific work performed that demonstrate the ability to provide the services described in this RFP. No current or former DDS staff may be used as a reference.

VI. KEY ACTION DATES

All Proposers are hereby advised of the following schedule and shall adhere to the required dates and times.

ACTION Date

Request for Proposal Released October 14, 2024, Questions Due October 25, 2024, by 1:00 PM PT

DDS Response Posted October 31, 2024, by 5:00 PM PT

Proposals Due December 13, 2024, by 3:00 PM PT

Proposal Review* December 16 – 20, 2024 (Tentative)

Presentations January 2 – 8, 2025 (Tentative)

Five-day posting period of Intent to Award

January 9 – January 16, 2025 (Tentative)

Agreement Start Date March 1, 2025 (Tentative)

*The Proposal Review time frame may be lengthened if TACPA Preference is requested.

It is the responsibility of the Proposer to ensure that their proposal is in the possession of the DDS Contracts Unit by December 13, 2024, at 3:00 PM PT. All dates after proposal submission are approximate and may be adjusted as conditions arise, without addendum to this RFP.

* RFP is available to prospective Proposers via the eProcurement System webpage (formerly the California State Contracts Register) at https://caleprocure.ca.gov/pages/index.aspx. Proposers must register with Cal eProcure to receive addenda that may be issued, for submittal of questions, and to receive answers.

VII. QUESTIONS

A. Proposers requiring clarification of the intent or content relating to RFP HD249101 DDS

All Meetings Facilitator or procedural matters regarding the competitive proposal process, may request clarification by submitting questions via email to the Contract Analyst, lisette.fowler@dds.ca.gov. To ensure a response, questions must be received in writing by the scheduled date(s) given in Article Vl. Key Action Dates.

Inquiries received after the question submittal deadline will only be addressed at DDS’ discretion. ALL QUESTIONS MUST BE SUBMITTED IN WRITING.

B. On October 31, 2024, all questions and their responses will be transmitted to Proposers by way of an addendum. The source of each question will not be indicated.

Proposers should notify by email the Contract Analyst immediately if they need clarification about the services being sought or have questions about the RFP. Note: it is the responsibility of the Proposer to check Cal eProcure for questions and/or changes within the RFP as all questions, answers, and addenda will be posted.

DDS will not be held responsible for inaccurate proposals due to proposer’s oversight in reviewing any and all information via Cal eProcure.

C. The subject line of the email will read, RFP HD249101 DDS All Meetings Facilitator

Questions – Company Name.

D. DDS may paraphrase questions at its sole discretion for clarity.

E. DDS will answer questions at its sole discretion.

VIII. ADDENDA

The DDS may modify RFP HD249101 DDS All Meetings Facilitator prior to the Intent to Award date, by the issuance of an addendum. Any modifications to the RFP will be provided in writing, via a formal addendum, and posted on the Cal eProcure website. All Proposers registered in Cal eProcure will have access to view and download the addendum. Addenda will be numbered consecutively.

IX. REQUIRED FORMAT OF PROPOSALS

A. To compare and evaluate proposals objectively, all proposals must be submitted in accordance with the format below. Failure to comply with the format set forth herein may result in rejection of the RFP response. In your proposal, please respond to each task by repeating the task prompt at the top of the section and referring to the task numbers used in this RFP. Proposals are to be submitted in 8 1/2” x 11” size, typed in a font size no less than 12 and submitted in paper form, single-sided, bound with a simple method of fastening.

B. The Proposer must submit an original proposal labeled “MASTER PROPOSAL”, and one (1) nonbounded copy of the proposal without tabs/dividers which is suitable for easy scanning. Proposals not submitted in a sealed envelope may be rejected.

The original proposal must be marked "MASTER PROPOSAL." If discrepancies are found between two or more copies of the proposal, the “MASTER PROPOSAL” will prevail over all others.

C. If discrepancies between sections or other errors are found in the “MASTER PROPOSAL,” the State may reject the proposal. However, if not so rejected, the “MASTER PROPOSAL” will provide the basis for resolving such discrepancies. No erasures shall be permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by the person signing the proposal.

D. Lengthy narrative is discouraged; proposals should be brief, concise and well organized. Proposals should not include extraneous or unnecessarily elaborate promotional material. Sections should be separated by labeled tabs and organized in accordance with subject matter sequence as set forth below. Each page of the Proposal must be numbered in a manner to be uniquely identified. Proposers should use the following outline in organizing the contents of their proposals. (See Article X. Required Content of Technical Proposal for details.)

Cover Letter Table of Contents Executive Summary Scope of Project Required Attachments and Conditional Documents Cost Proposal

E. 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.

X. REQUIRED CONTENT OF TECHNICAL PROPOSAL

Each proposer must submit a Technical Proposal that contains all the required items listed below in the order they appear.

A. Cover Letter must be on the Proposer’s letterhead. The cover letter must include a statement agreeing to the requirements of the RFP. If the Proposer is a Certified Small Business (SB) and/or Disabled Veteran Business Enterprise (DVBE), as described on Internet web site https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/OSDS/OSDS?search=osds, it shall be indicated on the proposal cover letter. Submit a copy of a current Office of Small Business and DVBE Services (OSDS) certification approval letter or have a completed application on file with the State OSDS by 1:00 p.m.

on the deadline for submission of proposal, and be verifiable by that office as an approvable application. The Proposer should not include any limiting statements in the cover letter that would preclude the Proposal from being held as an irrevocable offer until the anticipated agreement start date of March 1, 2025 (tentative).

The cover letter must be signed by the prospective Proposer. It may be signed by an authorized agent of the Proposer only if the agent is properly authorized by a power of attorney or equivalent document. Such authorization must be submitted with the Proposal. The name of the individual signing the proposal must be typed immediately below the signature.

B. Table of Contents that includes a listing of any attachments, samples, and appendices.

The table of contents must display appropriate page numbers for each item listed.

C. Executive Summary of no more than four (4) pages that summarizes the following:

1. How the proposed facilitators have the organization, management capability, and expertise to perform the tasks identified immediately below in Article X-Required Content of Technical Proposal Item D, Scope of Project

2. Titles, qualifications, and number of staff and subcontractors that will be used

3. A plan of how the Proposer will integrate the work described in the RFP with their current activities

D. Scope of Project

The Proposer must detail the performance of all tasks described herein. Any deviation from the tasks described in Article X. Required Content of Technical Proposal, Item D.

Scope of Project will not be considered and will cause a proposal to be rejected. This RFP seeks proposals addressing the following four sections:

Section 1 – Coordination and Communications with the DDS

This section of the Technical Proposal must acknowledge the Proposer’s commitment to completing all the requirements specified below and must provide a description of the approach and methodology by which the Proposer will accomplish all the associated subsections and activities. The Technical Proposal must contain sufficient detail to convey the Proposer’s knowledge of the subjects and skills necessary to successfully complete the Project as stated in this section.

The successful proposer shall coordinate communications with the DDS during the entire agreement period. The successful Proposer shall provide timely and accurate communication and coordination with DDS staff and other board, bureau, and program staff; attend and provide a summary of meetings, including action items, as required.

The proposal must include the following information to address activities in this section which include the following subtasks. The activities include, but are not limited to, the following subsections.

a) Orientation Meeting

The Technical Proposal must include a detailed plan for conducting an orientation meeting that will occur within the first two weeks of the commencement of this agreement. The Technical Proposal must ensure that all key personnel of the prime contractor and any subcontractor(s) including the management team (Project Manager, Fiscal Manager, and any other key personnel), and significant subcontractors will meet in person with DDS for up to two hours, at a date and location that is to be determined by DDS.

The successful Proposer must develop the meeting agenda in coordination with DDS, take minutes, and, within five working days after the meeting, submit the meeting minutes to the DDS by email for review and approval. The orientation meeting must address all sections, including timelines, questions, and concerns about the implementation of the contract.

b) Management Meetings

The Technical Proposal must include a plan to hold regular management meetings between DDS and the successful proposer’s Project Manager to review and discuss section implementation and status. The frequency and location of meetings will be determined by DDS. The Technical Proposal must acknowledge and ensure that the successful proposer’s key personnel, including staff and any proposed subcontractors, will be present and must attend, at the request of the DDS, the meetings as appropriate to the section. The meetings may be held either in person at the DDS headquarters in

Sacramento, California, other agreed upon location, or may be conducted online at DDS request. The successful proposer must develop the meeting agenda in coordination with DDS, provide summary, and, within five working days after the meeting, submit the meeting summary to the DDS by email for review and approval. The agenda must include, but is not limited to, the status of all pending activities along with deadline, status, issue(s), and person(s) assigned to each activity.

Section 2 – Experience, Expertise, and Staffing

Proposers will provide a narrative description of how their experience and expertise will provide effective meeting facilitator that can advance its community engagement strategy and support the development of its public policies to meet and exceed the needs of its clients.

Proposers will include the following items in their response:

1. Demonstrate how the Proposer’s facilitators have a minimum five (5) years’ experience in project management, data collection, reporting, and evaluation.

2. Demonstrate how the Proposer’s facilitators have expertise with both the Zoom meeting and webinar platforms.

3. Demonstrate how the Proposer’s facilitators have experience working with public sector agencies and persons with I/DD, self-advocates from diverse backgrounds.

Additional experience working in the health and human services field such as aging, education, health care services, and Department of Rehabilitation stakeholders in California is also highly desired and will be weighted.

4. Demonstrate how the Proposer’s facilitators will communicate with and facilitate meetings with DDS stakeholders.

5. Demonstrate how the Proposer’s facilitators have experience with I/DD public policy issues and current legislative and executive order mandates.

6. Demonstrate how the Proposer’s facilitators have experience with State government practices and organization and DDS programs and regional center structure.

7. Demonstrate how the Proposer’s facilitators have experience working with the

California Health and Human Services Agency and state department executives and staff.

8. Demonstrate how the Proposer’s facilitators use data and performance measurements to advise on government program improvements.

9. Demonstrate how the Proposer’s facilitators can support change management on behalf of a state entity with the public.

Section 3 – Meeting Facilitation

Proposers will provide a narrative description of their strategy to advance DDS’ community engagement strategy and support the development of its public policies to meet and/or exceed the needs of its clients.

Proposers will demonstrate how their strategy, in collaboration with DDS, will:

1. Prepare for and facilitate DDS stakeholder meetings in-person, online, or a hybrid of the two, including breakout discussions where appropriate, the ability to set up and utilize breakout groups in Zoom and accommodating facilitators and/or alternative communication methods for participant with disabilities to provide for all voices being heard.

2. For online meetings, DDS Zoom licensed accounts will be utilized. The Contractor must be able to assume the co-host role if technical difficulties come up that prevent DDS staff from running the meeting online.

3. Facilitate hybrid meetings that include in person and virtual participants, polling, breakout room coordination, exit polls, whiteboards, and other in-meeting/webinar function. Generally, there are about 5 stakeholder meetings per month that require facilitation services. Other groups identified by DDS as needing facilitation may meet on an ad hoc or other periodic basis.

4. Establish roles/responsibilities and the conditions upon which productive discussions can occur (i.e., communicating the goals of each group, establishing ground rules, assuring all voices are heard respectfully, and building a climate of trust) once DDS has determined the type of meeting (in-person, online, or hybrid).

5. Lead discussions in a thoughtful and inclusive way with the ability to tactfully redirect participants who are off-topic or monopolizing meeting time.

6. Develop overall goals and process flow for stakeholder groups to meet desired outcomes.

a. Develop and clarify content and topics to be discussed at each meeting including initial planning with DDS leadership to develop goals, framing, timelines and progress reports.

b. Assist with the determinations of what information and materials will be provided to meeting participants.

c. Provide and work with DDS to finalize synopses/meeting summary documents for each meeting.

7. Work in-between meetings to advance the process (e.g., preparation, administration and analysis of surveys, follow-up on break-out group input to ensure everything was captured, etc.)

Section 4 – Coordination and Communications with DDS Contracted Interpreters

Proposer must demonstrate how they intend to coordinate with DDS Contracted Interpreters

1. Coordination is defined as:

a. Working directly with DDS staff and vendors to arrange for interpretation and related services (including, but not limited to, language access) via DDS contract(s) with these vendors.

b. Identifying language access needs for anticipated audiences on a case-by-case basis.

c. Evaluating requests for language access services.

d. Arranging for meeting materials to be delivered to assigned interpreters in advance of a scheduled meeting to assist in preparing the interpreter for the activity.

e. Participating in pre-meetings with assigned interpreters, where applicable, to provide appropriate context and/or training for the activity.

f. Managing virtual meeting platforms and features related to the delivery of language access services.

XI. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS

Proposers must include each item listed in the Appendix – 1 REQUIRED ATTACHMENTS proposals shall include the following required attachments:

A. Attachment 1– Required Attachment Checklist B. Attachment 2 – Proposal/Proposer Certification Sheet C. Attachment 3 – Cost Proposal Worksheet (Submitted in Excel) D. Attachment 4 – Proposer References E. Attachment 5 – Payee Data Record (STD 204) and Payee Record Supplement (STD

205) (STD 205 required only if applicable).

F. Attachment 6 – Contractor Certification Clauses (CCC 04/2017) G. Attachment 7 – Bidder Declaration (GSPD-05-105) H. Attachment 8 – Insurance Acknowledgement I. Attachment 9 – Statement of Assurances for Protection of Protected Health (HIPAA)

Acknowledgement J. Attachment 10 – Proposal Incentives and Preferences Certification K. Attachment 11 – Proposer Point of Contact L. Attachment 12 – GenAI Reporting and Factsheet (STD 1000)

The following documents must be included in the submission, if applicable:

A. Attachment 13 – Copy of California Certified Small Business (SB)/Microbusiness (MB) Certification

B. Attachment 14 – Target Area Contract Preference Act (TACPA) (STD 830) C. Attachment 15 – Bidder’s Summary of Contracting Activities and Labor Hours (DGS PD

526) D. Attachment 16 – California Disabled Veteran Business Enterprises (DVBE) E. Attachment 17 – Darfur Contracting Act Certification (DGS PD1) F. Attachment 18 – Iran Contracting Act G. Attachment 19 – California Civil Rights Law Certification H. Attachment 20 – California Secretary of State Certification of Status

All attachments and documents that are not linked in this section, can be found in Appendix 1.

XII. COST PROPOSAL

Use the sample Cost Proposal Worksheet, Appendix 1, Attachment 3, as a guide in preparing your cost proposal and submit in Microsoft Excel. See Appendix 1, Attachment 3, Cost Proposal.

XIII. PROPOSAL SUBMITTAL

A. All proposals must be received in the DDS Contracts Unit by 3:00 PM PT, December 13, 2024. Proposals not received by the date and time specified will be rejected.

B. Incomplete or late proposals will not be considered. DDS reserves the right to refuse all proposals.

C. All copies of proposals must be sealed in an envelope, clearly labeled “RFP HD249101

DDS All Meetings Facilitator, Attention: Contract Analyst – DO NOT OPEN.” and your firm’s name and address. Proposers must include one original hard copy of the Proposal and one additional electronic copy of the Proposal on a USB thumb drive (flash drive) with their submission. Email or deliver proposals under sealed cover to:

Attention: Lisette Fowler 1215 O Street, MS 10-10 Sacramento, CA 95814 lisette.fowler@dds.ca.gov

D. All documents in the Proposal shall be in Microsoft Word or portable document format (PDF), except for the Cost Proposal, which shall be in Microsoft Excel.

Neither the postmark on the proposal envelope nor receipt in the DDS mail room constitutes timely delivery. Any proposal received in the Contracts Unit after the date and time specified in Article VI., Key Action Dates will not be considered. It is the State’s policy to make every effort to ensure that all proposals have been received and properly timestamped; however, Proposers are ultimately responsible for ensuring timely receipt of their proposal. Proposers may verify receipt of their proposal by contacting the person identified in the cover letter of this RFP. Receipt confirmations only confirm receipt of emails and do not assess proposers’ responsiveness to the RFP requirements in the email content or in any attachments therein.

E. 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. DDS may reject any or all proposals and may waive an immaterial deviation in a proposal. The State’s waiving of an immaterial deviation shall in no way modify the RFP document or excuse the Proposer from full compliance with all requirements if awarded the Agreement.

F. The Proposer may modify a proposal after its submission by withdrawing the 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.

G. The Proposer may withdraw a proposal by submitting a written withdrawal request to

DDS, signed by the Proposer. The Proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

H. DDS may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum on the Cal eProcure website.

I. DDS reserves the right to reject all proposals.

J. Costs for developing proposals and in anticipation of award of the agreement is entirely the responsibility of the Proposer and shall not be charged to the State of California.

K. Proposers are cautioned to not rely on DDS 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. More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered.

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 involved will be considered in this or future procurements.

XIV. EVALUATION PROCESS

Upon opening, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this RFP. DDS will put each proposal through a process of evaluation to determine its responsiveness to DDS needs. Proposals that contain false or misleading statements, which do not support an attribute or condition claimed by the Proposer, may be rejected. If, in the opinion of DDS, such information was intended to mislead DDS in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal. Those proposals meeting the RFP requirements will undergo a two-phase evaluation process. A committee made up of DDS-selected representatives (herein after referred to as the Evaluation Committee) will evaluate the proposals and, through consensus, will arrive at a single score for each of the evaluation criteria.

First Phase Evaluation – Intake and Compliance Review (Pass/Fail)

A pass/fail evaluation will be completed for each proposal by DDS staff. To pass this Phase I review, each Proposer must include the required items listed in Articles IX. Required Format of Proposals. X. Required Content of Technical Proposal, and XI. Required Attachments and Documents. Any material deviation from the RFP required attachments or documents may result in a fail score and the proposal will not be evaluated for Phase II.

Proposers who pass Phase I by meeting this standard shall qualify to move on to Phase II.

Second Phase Evaluation – Proposal Evaluation (Total Possible Score 275 Points)

All proposals passing Phase I will be submitted to the Phase II Evaluation Committee. The Phase II Evaluation Committee of not more than five (5) members will be comprised of representatives from DDS. The Evaluation Committee will conduct the evaluation of the proposals and the accompanying literature. The Evaluation Committee will evaluate each proposals using the evaluation criteria in Appendix 2. Proposals must score a minimum of 165 points to move on to the Third Phase Presentation.

Third Phase Presentation – Presentation of Proposal (Total Possible Score 100 Points)

All proposers passing Phase I and Phase II will be required to present their proposal to the Evaluation Committee. The Evaluation committee consists of staff that served as panel members in Phase II.

The Evaluation Committee will evaluate each of the presentations based on the following proposal presentation requirements:

Presentation is limited to a maximum of 15 minutes, may use visual aids or any other form of communication to present their proposals, and includes:

Narrative summary of the Proposer and facilitator staff qualifications and experience in the field of facilitation

Overall approach to facilitating meetings Proposer’s approach to ensuring that there are sufficient facilitators to facilitate DDS’ meetings across all programs Specific strategies that facilitators use to prepare for and deliver facilitation services Provide a few examples of similar government facilitation projects the Proposer has implemented, including major obstacles, and how they were resolved Explanation of the Proposer’s intended way of coordinating meeting interpretation services in collaboration with DDS staff and the contracted DDS interpretation vendor.

Final Selection and Award Process

An agreement will be awarded to the Proposer who accumulates the highest final score.

The DDS reserves the right to reject all proposals and to waive informalities and minor irregularities in proposals received. In the event of a tie in the highest final score, a tiebreaker will be decided by a coin toss observed by witnesses. Affected Proposers will be invited to witness the coin toss. In the event of a precise tie of the final score of a certified SB or microbusiness and the final score of a certified DVBE, the Agreement must be awarded to the DVBE. [Government Code § 14838 (f)]

XV. 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. Should a proposer desire to keep any or all components of their response to this RFP confidential, the Proposer would need to obtain a protective order from a court of competent jurisdiction.

XVI. INTENT TO AWARD AND PROTEST PROCEDURES

A “Notice of Intent to Award” to the proposed Contractor will be posted in the DDS Allenby Building Lobby at 1215 O Street, Sacramento, CA 95814, and on Cal eProcure five (5) working days prior to awarding the Agreement. After the five (5) day notice has been completed, the proposed awardee will be formally notified by email.

If prior to the formal award, any proposer files a protest with the DGS against the awarding of the Agreement, the Agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. Within five (5) days after filing the protest, the protesting proposer shall file with the DGS, a full and complete written statement on the grounds that the (protesting) proposer would have been awarded the contract had DDS correctly applied the evaluation standards in the RFP, or if DDS followed the evaluation and scoring methods in the RFP.

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.

Protests should be submitted to both of the following:

Department of General Services (DGS) 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

Department of Developmental Services Contracts Unit Attention: Lisette Fowler 1215 O Street, MS 10-10 Sacramento, CA 95814 Email: Lisette.Fowler@DDS.ca.gov

XVII. TAX DELINQUENCY DISCLAIMER

Pursuant to the Public Contract Code section 10295.4, persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA) are ineligible to enter into any agreement with the state for non-IT goods or services. Any agreement entered into in violation of section 10295.4 is void and unenforceable.

Prior to executing any state agreement or renewal for non-IT goods or services, the DDS shall verify that the proposed awardee(s) is not on a prohibited list by checking both the FTB and CDTFA websites. The established lists can be found at:

FTB:https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

XVIII. PREFERENCE/INCENTIVE PROGRAMS

The Preference and Incentive Programs listed below may be combined but will not exceed a combined total of 15 percent of the Proposal amount or $100,000 per proposal, whichever is less. No proposal price will be reduced by more than $100,000, and all preference and incentive cost adjustments are for proposal evaluation purposes only and do not alter the actual cost offered by the Proposer.

A Small Business (SB)/Microbusiness (MB) and/or a Disabled Veteran Business Enterprise (DVBE) must have current and valid certification through DGS, Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS). Completed certification applications and required support documents must be submitted to OSDS no later than 5:00 PM PT on the Final Date for Proposal Submission and OSDS must be able to approve the application as submitted.

For certification and preference approval process information, contact OSDS by telephone at

(916) 375-4940 or access OSDS Internet website at https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/OSDS/OSDS

DDS is awarding this agreement using the RFP Secondary Method and is therefore awarding to the highest scoring proposal. The examples listed below represent an example of how Small Business Preference and Disabled Veteran Business Enterprise incentive is applied to the lowest cost proposal. For DDS purposes, the SB preference and DVBE incentive will be applied to the proposals in which the preference and/or incentive is applicable and based upon the highest scoring proposal rather than the lowest cost.

Small Business Preference:

In accordance with Government Code section 14838.5, et seq. and California Code of Regulations, title 2, section 1896, et seq., a five (5) percent preference will be granted to proposers properly certified as a California Small Business (SB), Microbusiness (MB), or Non-Small Business (NSB) with a Small Business subcontracting for a minimum of 25 percent of the proposal amount. A five (5) percent preference will be granted to proposers certified as a Non-Profit Veteran Service Agency in accordance with the Military and Veterans Code section 999.50. Applications must be on file at the Office of Small Business and Disabled Veteran Business Enterprise Certification by 5:00 p.m. on proposal opening day. The preference adjustment for awards based on low price cannot exceed $50,000.00.

Disabled Veteran Business Enterprise Program and Incentive:

DDS hereby waives the mandatory Disabled Veteran Business Enterprise (DVBE) participation requirement for this RFP. An incentive for proposers who include DVBE participation is available and encouraged for this RFP. For evaluation purposes only, the State shall apply an incentive to proposals that include California certified DVBE participation and confirmed by the DDS/MBC. The incentive amount will vary in conjunction with the percentage of DVBE participation in accordance with the following formula:

The net proposal score of responsive proposals with DVBE participation will be increased by the amount of DVBE incentive as applied to the highest responsive proposal score. If the #1 ranked, responsive, responsible proposal is a California certified small business, the only proposers eligible for the incentive will be other California certified small businesses.

Information submitted by the proposer to claim the DVBE incentive will be verified by DDS.

Only the DVBEs who shall perform a commercially useful function relevant to the Scope of Work included in this RFP may be used to qualify the proposer for a DVBE incentive. All DVBE proposers and their proposed subcontractors must submit a copy of the Declarations Form (Std. 843).

https://www.dgs.ca.gov/PD/Forms?search=843&topicCategoryFilters=&audienceCategoryF ilters=&sort=relevance&activeFilters=&page=1

DVBE Incentive Participation DVBE Incentive

5% or Over 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

Calculation of Multiple Preferences:

In the event that proposers qualify for the SB preference and/or the DVBE incentive, the SB preference shall be calculated first. In circumstances where the DDS will award a single agreement as a result of this solicitation, in accordance with Government Code section 14838, subdivision (f), the DVBE incentive will not be calculated if, after the application of the SB preference, an SB proposer is the apparent highest scoring proposer unless another SB proposer is also a DVBE or has subcontracted with DVBE firms.

Note: in accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

Target Area Contract Preference Act:

Additional preference programs exist and may be applicable, specifically the Target Area Contract Preference Act (TACPA). For information regarding these programs please see the following website: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Request-Target-Area-Contract- Preference?search=Target%20Area

Additional Small Business and Disabled Veteran Enterprise Information:

Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the proposal or offer may be cause for agreement termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in Military & Veterans Code section 999.9; Public Contract Code section 10115.10 or Public Contract Code section 4110 (applies to public works only). Contractor must immediately notify the DDS SB/DVBE Advocate that the substitution of a DVBE subcontractor is requested.

This solicitation does not include a minimum DVBE participation percentage or goal.

Failure of Contractor to adhere to the certification requirements of Military and Veterans Code section 999.5, subdivision (d) may be used as evidence of the proposer’s non-responsibility in future solicitations.

Commercially Useful Function (CUF) Disclaimer:

Each certified SB/MB or DVBE must perform a commercially useful function. Proposers who are found to not be performing a CUF will have their proposals deemed non-responsive. A SB/MB or DVBE is deemed to perform a commercially useful function when the business does all of the following:

i. Is responsible for the execution of a distinct element of the work of the Agreement.

ii. Carries out its obligation by actually performing, managing, or supervising the work involved.

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

iv. Is responsible, with respect to products, inventories, materials, and supplies required for the agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

v. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Agreements resulting from this solicitation shall afterwards be monitored for compliance with CUF for the duration of the agreement.

XIX. DARFUR CONTRACTING ACT CERTIFICATION

Effective January 1, 2009, all Invitations for Bid (IFBs) or Requests for Proposal (RFPs) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act).

(Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act precludes 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 Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code 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. [Public Contract Code section 10477(a)].

Therefore, Public Contract Code 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 (See Appendix I, Attachment 11).

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 Public Contract Code section 10477(b) (See Appendix I, Attachment 17).

XX. LOSS LEADER LANGUAGE

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 Business and Professions Code.

XXIII. GENERATIVE ARTIFICIAL INTELLIGENCE DISCLOSURE NOTIFICATION

The State of California seeks to realize the potential benefits of Generative Artificial Intelligence (GenAI), through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder and may void any resulting contract.