Department_of_Water_Resources_-_RFP_II___10208692.pdf

STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES

715 P STREET, 7th FLOOR P.O. BOX 942836

SACRAMENTO, CA 94236-0001

Rev. 02-27-2025

James Newcomb

REQUEST FOR PROPOSAL

SECONDARY

Notice to Prospective Firms

March 21, 2025

You are invited to review and respond to this Request for Proposal Secondary (RFP) # 10208692 for a Feasibility Study for Potential Habitat Projects within the Yolo Bypass, located in the lower Sacramento River Basin. The anticipated term of this agreement is four (4) years with one (1) one-year option under the same terms and conditions. In submitting your proposal, you must comply with these instructions.

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, incorporates, by reference, the State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services (DGS) website:

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

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

The CCC package contains clauses and conditions that may apply to your Agreement and to anyone doing business with the State of California. The Certification will be kept on file in a central location.

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

Inquiries regarding the processing of this proposal should be referred to Nita Khushal at

(916) 820-7678. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Sincerely, James Newcomb, Deputy Director Habitat Restoration

Attachment(s)

RFP II # 10208692

TABLE OF CONTENTS

Notice of State Program Participation Requirements Pg 4

Purpose and Description of Services 5

Proposing Firm Minimum Qualifications 5

Proposal Requirements and Information 5

Proposal Key Action Dates 5

Questions and Answers 5

Work Plan and Work Schedule/Technical Proposal 5

Cost Proposal Format and Requirements 9

Submission of Proposal 9

Proposal Evaluation and Selection Process 11

Tax Delinquent Status Verification Generative Artificial Intelligence (GenAI) Disclosure

Notice of Intent to Award and Protest 18

Disposition of Proposals 19

Standard Conditions of Service 19

Payee Data Record (Std. 204) 19

Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

Economic Incentive Program 19

Small Business Program 20

Non-Small Business (NSB) Preference Application 24

Disabled Veteran Business Enterprise Program 25

Proposal Checklist 27

Attachment I – Cost Proposal Worksheet 28

Attachment II - Proposal/Proposing firm Certification Sheet 32

Proposal/Proposing firm Certification Sheet Instructions 33

Attachment III – Proposing firm References 34

Attachment IV - Darfur Contracting Act Certification Attachment V – Generative Artificial Intelligence (GenAI) Reporting and Factsheet

Attachment VI – California DVBE Program Requirements (DWR 9526) 39

Attachment VII- DVBE Declaration (State Std. 843) 41

Attachment VIII – Bidder Declaration (GSPD-05-105) Attachment IX – California Civil Rights Laws Attachment Attachment X – Iran Contracting Act

Sample Contract – Standard Agreement (Std. 213) 46

Exhibit A – Scope of Work 47

Attachment 1 - Maps 52

Attachment 2 – Supplemental Documentation Links 53

Exhibit B – Budget Detail and Payment Provisions 54

Exhibit C – General Terms and Conditions 55

Exhibit D – Special Terms and Conditions for Department of Water Resources – Over $10,000 Standard Payable (DWR 9544)

Attachment 1 – Recycled Content Certification Form (DWR 9557) 59

Exhibit E – Additional Provisions 61

Attachment 1 – Protection of Confidential and Sensitive Information 67

Attachment 2 – Non-disclosure Certificate 69

Attachment 3 – DVBE Activity Report Form (DWR 9553) 70

Attachment 4 – Small Business and DVBE Subcontractor Payment Certification 72

NOTICE OF STATE MANDATED SB/DVBE PROGRAM PARTICIPATION REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

The Department of Water Resources has determined that DVBE opportunity exists and firms responding to this RFP must comply with DVBE Program requirements. Instructions for completing DVBE program requirements are found in Attachment VI, DWR 9526 - California DVBE Program Requirements. Please review these instructions carefully. When responding to the DVBE program requirements, firms must use the forms contained within this solicitation. Failure to fulfill the DVBE requirement will render your proposal non-responsive and shall be cause for proposal rejection.

This solicitation also includes DVBE Incentive language. The DVBE Incentive offers firms an incentive calculation for including DVBE subcontractors in their RFP response. Application of the Incentive may place the firm in position to receive award of the RFP. Use of the DVBE Incentive cannot be used to displace a certified small business firm that has been deemed the highest responsive, responsible firm with that of a non-small business. The incentive applied is based on the firm’s proposed DVBE commitment. Minimum incentive applied will be three (3) percent and will not to exceed five (5) percent.

Small Business Program Information

If a proposing firm is not a California Certified Small Business and wishes to be considered for the small business calculation preference for this solicitation, proposing firm application for small business must be received by the Department of General Services Office of Small and DVBE Business Services (OSDS) by the proposal due date by close of business. Proposing firms seeking small business certification status must also notify the Department in writing at the time of proposal submission that they have an application for Small Business certification for review and approval at the DGS-OSDS.

Contact the DGS Office of Small Business and DVBE Services (OSDS) at internet website https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS or call (916) 375-4940 for certification assistance.

For additional assistance meeting DVBE program requirements or inquiries about Small Business certification, please contact the Department of Water Resources SB/DVBE Program Manager via email SB.DVBE@water.ca.gov.

A. Purpose and Description of Services

The Contractor agrees to provide to the Department of Water Resources with a Feasibility Study for Potential Habitat Projects within the Yolo Bypass, located in the lower Sacramento River Basin.

B. Proposing Firm Minimum Qualifications

1. The Proposing Entity must certify that the Feasibility Study Agreement is for a new created, restored, or enhanced non-tidal floodplain habitat that is not an existing mitigation site or under a conservation easement.

2. If the Proposing Entity is not the landowner, the proposal must include a signed, written statement from the landowner that they intend for their property to be the subject of the Feasibility Study.

3. The Proposing Entity must provide resumes for all personnel included in the Proposal.

4. The Proposing Entity must provide documentation and a map showing that the proposed restoration site is within the Yolo Bypass, north of tidally influenced area.

C. Proposal Requirements and Information

1. PROPOSAL KEY ACTION DATES

All proposing firms must adhere to the following time schedule.

RFP available to prospective proposing firms on March 21, 2025 Technical questions must be submitted by April 2, 2025 at 4:00pm Answers to technical questions will be disseminated by April 7, 2025 at 4:00pm Proposals must be received by April 28, 2025 at 1:00pm Anticipated start date of agreement is August 2025

2. LOCATION WHERE WORK WILL BE PERFORMED:

The services shall fall within the Yolo Bypass, north of tidally influenced areas

See Exhibit A, Attachment 1 - Map

3. QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to nita.khushal@water.ca.gov and received by DWR on or before 4:00pm on April 2, 2025. DWR will provide answers in writing to all potential proposing firms by 4:00pm on April 7, 2025.

4. WORK PLAN AND WORK SCHEDULE/TECHNICAL PROPOSAL REQUIREMENTS

The Proposing Entity shall develop a work plan and work schedule/ technical proposal for task completion. Identify each major task, necessary subtask, and/or specifics by which progress can be measured and payments made. Proposing firms may need to include the following information:

a. All documents must be submitted in electronic format (PDF) on USB Flash drive and in hard copy. Hard copies must be packaged with labeled tabs separating each section.

b. Proposing Entities will need to include the following information with proposal submission in addition to the work plan, work schedule, cost proposal worksheet, and document requirements listed in the Proposal Checklist:

i. Proposed Project Name.

ii. Project Contacts. Include the name, address, phone, and email for each:

Proposing Entity, Proposer, Landowner, or other party directly involved in the project.

iii. Qualifications. Provide qualifications of the project lead to successfully complete the type(s) of project(s) proposed, including information describing any similar activities by project lead.

iv. Key Project Personnel: List key personnel who will be working on the project. Include

Statement of Qualifications and Resumes that explain their titles, roles, responsibilities, and qualifications.

v. Feasibility Study Description. Provide a project description to be analyzed in the

Feasibility Study and the planned approach for the Feasibility Study. including a work plan, schedule, and budget for completion of tasks listed in Cost Proposal Worksheet (Attachment I) and the Scope of Work (Exhibit A). Proposals must include detailed justification for meeting each of the rating/scoring criteria, including an estimation of acreage that aligns with design criteria specified in accounting Protocols for Bypass Floodplain Rearing Non-flow measures, Section 3 and Section 2.2 of Draft Strategic Plan, Appendix F: Non-Flow Measure Accounting See Exhibit A, Attachment 2, Supplemental Documentation and a preliminary estimated cost per credit/acre for the proposed project.

We require the use of GIS maps, analyses, and modeling to illustrate or exemplify site characteristics and conceptual restoration design. Consultation with experts on such analyses is also required. The level of planning and analysis included in a proposal should be commensurate with the size and complexity of the proposed project. Proposing entities must also fill out a Project Summary table using the example below.

vi. Project Objectives/Conceptual Plan. Provide the objectives of the project and activities and methods for meeting the non-tidal habitat measures in Appendix F.

The Feasibility Study will:

a) Describe how the Project will be established and operated, including the proposed ownership arrangements and long-term management strategy, and any phases planned (include description of phases, boundaries, and target habitat/species) and whether the landowner intends to keep any portion of the land;

b) Describe ecological suitability of the site to achieve the objectives of the Project

(i.e. Strategic Plan sections 3.1.3-3.1.5 and Appendix F);

c) Describe the project site design, including information and maps depicting the future topography of the site, future land elevations of the site, tidal excursion, practices that will be used to minimize invasive species, design elements that will promote productivity and nutrient transport, and transitional upland area within the site for sea level rise accommodation;

d) Explain how the proposed project would contribute to connectivity and ecosystem function and discuss potential conflicts and compatibility with existing Yolo Bypass infrastructure, and any conservation plans, CDFW conceptual area plans, or other land use plans, policies, or regulations;

e) Detail anticipated increases in functions and services of existing aquatic resources and their corresponding effect within the watershed (i.e. Science Plan sections 2.2.2.3, 2.2.3.1, 2.2.3.2 and 2.4);

f) Include maps detailing the anticipated location, acreages, and credits of wetlands and other Waters of the U.S. and habitat for federal and state listed species;

g) The plan should include historic aerial photographs and/or available historic topographic maps;

h) Briefly discuss the proposed Project’s compatibility with adjacent property land uses including known present and proposed zoning designations;

i) Include proposed Performance Standards and

j) monitoring methods for assessing how the objectives of the Project will be met;

vii. Maps and Exhibits

a) Site Location Map showing address of the proposed Project Property and access route(s);

b) General vicinity/location map;

c) Accurate current map of the proposed Project Property on a 7.5-minute

USGS map showing proposed boundaries of the project;

d) Color aerial photographs that reflect current conditions on proposed Project Property and surrounding properties;

e) Surrounding Land Use Maps depicting the uses of other lands in the vicinity of the proposed Project Property;

f) Assessor’s Plat Map

g) Utility Map identifying the locations of recorded documents in the preliminary title report, including wells, utility lines/poles, pipelines, and other utility-related data;

h) Copies of any water rights and related reporting.

viii. Real Estate Records and Assurances. Prospective proposing entities must submit the following documents with each proposal, which will be reviewed during the evaluation and selection process. DWR may request additional documentation, documentation updates, and assurances in support of its initial review and as required for progress payments if a project is selected. Failure to provide the following documents and demonstrate that there are no site constraints that would prohibit successful implementation of the proposed restoration project may disqualify the project site from consideration.

a) Demonstration of Site Ownership or Site Control. Proposing entities must document site control and ability to implement the proposed project by providing documents and/or supporting materials indicating sufficient ownership or control of the proposed restoration site and ownership of habitat creation, restoration, or enhancement rights.

b) Access. Proposing entities will need to identify and describe access to the proposed Project Property.

c) Property Assessment and Warranties. Proposing Entity(s) will covenant, represent, and warrant each of the following:

a. The Project Property’s suitability for non-tidal, seasonal floodplain habitat;

b. The Proposers have no knowledge or notice of potential encumbrances or can fully describe how they intend to extinguish or address any potential encumbrances on title (as discussed below) to ensure that the proposed project is consistent with habitat restoration:

i. any legal or other restrictions or potential restrictions on the use of the Project Property for tidal wetland habitat purposes;

ii. any legal or other restrictions or potential restrictions that affect the Project Property’s restoration values; or

iii. any legal or other restrictions or potential restrictions that may adversely affect title to the proposed project site or interfere with the establishment of a conservation easement. Examples include, but are not limited to, recorded or unrecorded liens, encumbrances, or interests listed in the preliminary title report (e.g. pipelines, utilities, severed mineral rights, Williamson Act, and conservation easements).

c. That the landowner of the Project Property has not granted any options on the Project Property or committed or obligated to sell the Project Property or any portion thereof to a third party;

d. That, as of the date the project proposal is submitted, the Project Property is not and is not in negotiations or in process for granting additional liens, deeds of trust, leases, encumbrances, covenants, conditions, easements, rights of way, or similar obligations that would be in conflict with a habitat project;

e. That there are no permanent unrecorded leases, licenses, or other agreements granting a third party the right to use or occupy any portion of the property, including the right to erect improvements thereon, that would interfere with or restrict the ability to implement restoration project;

f. That there are no improvements on the Project Property that encroach upon the property of a third party;

g. That the Project Property has not been used as mitigation for a previous project(s);

h. That the Project Property has not been designated or dedicated for passive park or open space use where that use is generally incompatible with sustaining biological values;

i. That the Project Property has not been designated for purposes that are inconsistent with habitat preservation (e.g. lands purchased for roads, landfills); and,

j. That the Project Property has not been acquired by a public entity (e.g. with

State Bond Act funds) or provided to a jurisdiction for park or natural open space purposes. This criterion includes land purchased by state and local agencies specifically for the purposes of mitigation restoration, enhancement and/or preservation or any lands acquired with funds expressly precluding the use of funds for mitigation, unless the project sponsor can demonstrate through written documentation of a waiver or permission from the funding and/or authorizing entity.

d) Water Rights. Proposing entities will need to demonstrate and provide assurance of sufficient water rights to support the long-term sustainability of the proposed project.

5. COST PROPOSAL FORMAT AND REQUIREMENTS

The proposing firm will use the attached Cost Proposal Worksheet (Attachment 1) to provide their cost proposal. The Cost Proposal Worksheet will be submitted in the same envelope as the proposal.

6. SUBMISSION OF PROPOSAL

a. Proposals must be submitted by mail, hand delivery, UPS, express mail, or Federal Express to:

i. Proposals by USPS must be submitted to:

Department of Water Resources

Attn: Nita Khushal P.O. Box 942836

715 P Street, 7th Fl. DBS #19 Sacramento, California 94236-0001

ii. Proposals by hand delivery, must be submitted to Nita Khushal on or before the bid due date and time. Please coordinate a day and time via phone (916) 820-7678 or e-mail nita.khushal@water.ca.gov.

iii. Proposals by UPS, express mail, or Federal Express must be submitted to:

Contract Services Attn: Nita Khushal

715 P Street, 7th Fl., DBS #19 Sacramento, California 95814

b. Proposals should provide straightforward and concise descriptions of the proposing firm’s ability to satisfy the requirements of this RFP.

c. If the proposal is made under a fictitious name or business title, the actual legal name of the proposing firm must be provided.

d. Due to limited storage space, the proposal package should be prepared using the least expensive method (i.e. cover page with staple in upper left-hand corner, no fancy bindings).

e. All proposals must include original signatures on the following documents:

Proposal/Proposing firm Certification Sheet and any other documents specified in the Proposal Checklist.

f. Proposals not including the documents identified in the Proposal Checklist shall be deemed non-responsive and will be rejected.

g. All proposals are to be sent to DWR within the time frame indicated in the Time Schedule.

Proposals received after the due date and time will be returned unopened to the prospective proposing firm.

h. All proposals must be submitted under sealed cover. The sealed cover must contain all documents listed in the Proposal Checklist. The outside of the sealed cover must be plainly marked with the RFP title and number, must show your firm’s name and address, and must be marked with “DO NOT OPEN.”

i. Proposals not submitted under sealed cover will be rejected. A minimum of two signed proposals must be submitted. One proposal must be submitted in hardcopy. One proposal must be submitted in an electronic format (Word and/or PDF File) on a USB Drive. Both proposals must be signed and submitted in the same envelope. USB Drives can be returned at the request of the proposing firm once the solicitation is concluded.

j. Proposals not submitted under sealed cover will be rejected. A minimum of two original signed proposals must be submitted. Both proposals must be submitted in the same envelope.

k. Proposals must be submitted for the entire service described within the Scope of Work.

Deviations from the specifications will not be considered and will be cause for rejection of the proposal.

l. The State does not accept alternate language from a proposing firm. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

m. A proposal may be rejected if conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a proposal. The State's waiver of immaterial defect shall in no way modify the RFP document or excuse the proposing firm from full compliance with the objectives if awarded the Agreement.

n. Costs for developing proposals and preparation of award of the Agreement are entirely the responsibility of the proposing firm and shall not be chargeable to the State of California.

o. This RFP must be signed by an individual who is authorized to bind the proposing firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal will be rejected.

p. A proposing firm may modify a proposal after its submission by withdrawal and resubmission before the proposal due date. Modification of a proposal offered in any other manner, oral or written, will not be considered.

q. A proposing firm may withdraw their proposal by submitting a written request to the State for its withdrawal, signed by the proposing firm or an agent authorized in accordance with paragraph p above. A proposing firm may thereafter submit a new proposal before the proposal submission deadline. Proposals may not be withdrawn after the proposal due date. Proposals received after the due date and time will be returned unopened to the prospective proposing firm.

r. DWR may modify the RFP prior to the date fixed for submission of proposals by the issuance of an Addendum to all parties who received a proposal package. This Addendum will also be posted on the State’s eProcurement website found at www.Cal eProcure.com.

s. If all proposals are too high, DWR is not required to award an Agreement.

t. The State may reject all proposals if deemed necessary.

u. The proposals submitted, including costs, will become public when DWR has completed its evaluation and announces the responsible proposer who has been given the highest score.

v. Proposing firms are cautioned not to rely on the State during the evaluation to discover and report all defects and errors in the proposal documents. Proposing firms should carefully proofread documents for errors and adherence to the RFP requirements prior to proposal submittal.

w. Where applicable, the proposing firm should carefully examine the worksite and specifications. Proposing firm shall investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made because of failure to thoroughly examine the worksite and specifications.

x. More than one 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 proposing firm has submitted more than one proposal for the work contemplated herein will cause the rejection of all proposals submitted by that proposing firm. If there is reason for believing that collusion exists among the proposing firm, none of the participants in such collusion will be considered in this or future procurements.

7. EVALUATION AND SELECTION PROCESS

a. The State will put each proposal through a process of evaluation to determine the responsiveness of proposing firms to the State's needs. The final selection will be made on the basis of the highest scoring proposal meeting the specifications.

b. Proposals containing false or misleading statements or providing references that do not support an attribute or condition claimed by the proposing firm may be rejected. If, in the opinion of the State, information was intended to mislead the State 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.

c. If there are tied proposals, DWR will draw straws to pick the winning proposing firm. The drawing will be witnessed and documented by two or more DWR employees.

d. The evaluation process will consist of three phases.

i. In Phase One, proposals are reviewed to ensure that all documentation has been submitted in compliance with the requirements of this RFP. DWR will review all of the following documents to determine that each is enclosed and properly completed. Failure to meet these administrative requirements shall cause a proposal to be deemed non-responsive and therefore ineligible for the next step of the RFP evaluation process.

1. Cost Proposal Worksheet (Attachment I)

2. Proposal/Proposer Certification Sheet (Attachment II)

3. References (Attachment III)

4. Darfur Contracting Certification (Attachment IV)

5. California Civil Rights Laws (Attachment VIII)

6. Iran Contracting Act (Attachment IX)

7. Small Business Certification (when applicable)

8. Completion of DVBE compliance documentation or Completion of DVBE

Incentive documentation DWR 9526 (Attachment VI)

a) Bidder Certification of DVBE Participation-Page 2 of DWR 9526

(Attachment VI)

b) DVBE Declaration – Std. 843 (Attachment VII)

c) Bidder Declaration – GSPD-05-105 (Attachment VIII)

d) OSDS DVBE Certification from DGS

e) DWR DVBE Advocate’s Notification of Compliance (if obtained in advance)

9. Work Plan and Work Schedule/Technical Proposal

10. Resumes for all personnel

11. Proof of proposed restoration site within Yolo Bypass

12. Certification of Feasibility Study for new, restored or enhanced non-tidal floodplain habitat

13. Signed written statement from landowner (if applicable)

ii. Phase Two will consist of an evaluation of the Work Plan and Work Schedule/Technical

Proposal and Cost Proposal based on the criteria below.

Rating/Scoring Criteria Maximum Possible Points Proposing Team Qualifications 10 Site 20 Technical Proposal / Proposed Project Design 20 Work Plan / Work Schedule 20 Cost Proposal 30

Total Possible Points 100

Include a more detailed explanation of how points will be assigned to different criteria.

For example, you may need to include a more detailed breakdown of scoring criteria for the Work Plan/Technical Proposal. It needs to be clear to prospective firms as to how DWR is awarding points for each category. It is recommended that you include an explanation of how points will be awarded and on what basis. See the table and written description of how points are awarded below. Modify as needed.

The DWR Evaluation Team will score the submittals based on percentages for levels of quality for each scoring criterion. The percentages will then be translated to points based upon the weight for each particular factor. For example, under “Effective Timeframes,” if a proposing firm’s response is considered “Excellent,” it will receive 9 points (0.9 x 10). The same approach will be used for all categories, except the scoring of the Cost Proposal.

Percentage of maximum points

Description

Non-Compliant 0%

Fails to address the component or the proposing firm does not describe any experience related to the component.

Poor 30%

Minimally addresses the section, but one or more major considerations of the component are not addressed, or so limited that it results in a low degree of confidence in the proposing firm’s response.

Fair 70%

The response addresses the section, but minor considerations may not be addressed. Acceptable degree of confidence in the proposing firm’s response.

Good 80%

The response fully addresses the section and provides a good quality solution. Good degree of confidence in the proposing firm’s response.

Excellent 90%

All considerations of the section are addressed with a high degree of confidence in the proposing firm’s response.

Outstanding 100%

All considerations of the section are addressed with the highest degree of confidence in the firm’s response or proposed solution. The response exceeds the requirements in providing a superior experience and creative approach.

Proposing firms shall submit their Cost Proposals on the attached Cost Proposal Worksheet (Attachment I). If no proposal contains a Cost Proposal, which in the opinion of DWR is a reasonable price, DWR is not required to award a contract (Public Contract Code section 10344(d)). Each firm’s Cost Proposal score will be based on the ratio of its total cost to the total cost associated with the lowest responsive proposal multiplied by the maximum number of cost points. The Cost Proposal score will be rounded to the nearest whole integer. An example of this calculation is shown below:

Lowest Firm’s Total Cost x 30 = Bidder’s Cost Score Firm’s Total Cost

Cost Score Sample

iii. In Phase Three, Small Business Preferences and DVBE Incentive calculations will be completed as necessary prior to contract award. The application of the Small Business Preference and DVBE Incentives may result in the displacement of a previously high scoring firm.

Firm Total Cost Proposal

Calculation Cost Proposal

Score

A $175,000 $100,000 (Bidder B) X 30

$175,000 (Bidder A)

B $100,000 $100,000 (Bidder B) X 30

$100,000 (Bidder B)

C $150,000 $100,000 (Bidder B) X 30

$150,000 (Bidder C)

1. Proposing firms that are Small Business certified by DGS, Office of Small

Business and DVBE Services (OSDS) may receive a five (5) percent preference calculation. The Small Business (SB) preference will be calculated by factoring five (5) percent of the highest scored points and adding those points to that of the certified Small Business.

Example: High Score: 95 points Small Business Score: 91 points

95 x 0.05 SB preference = 4.75 points

Small Business Score: 91 points SB Points: 4.75 points

95.75 points

In the example above, the SB would achieve a high point score and be in line for contract award.

2. The DVBE Program Incentive is applied during Phase Three and may result in the increase of a firm’s total points, placing them in line for award. Application of the DVBE Incentive is based on the number of total possible points specified.

The following example is based on 100 total possible points:

Confirmed DVBE Participation Possible Points Calculation 5% and Over 5% X 100 = 5 Points 4% - 4.99% inclusive 4% x 100 = 4 Points 3% - 3.99% inclusive 3% x 100 = 3 Points 2% - 2.99% inclusive 2% x 100 = 2 Points 1% - 1.99% inclusive 1% x 100 = 1 Point

a) Once all proposals are evaluated for the factors indicated under the

Rating/Scoring Criteria above, the DVBE Incentive will be calculated and those points will be factored into the total points of those firms with lower scores that have identified DVBE participation levels as outlined in the above table. The points applied may result in a firm achieving high points placing them in line for the solicitation award.

b) A Small Business firm may be displaced by another firm achieving higher points as a result of the DVBE Incentive application.

c) An Evaluation Committee shall conduct the scoring and review the results submitted.

d) Only firms that are certified as small business by the Department of General

Services, Office of Small Business Certification and Resources, receive a 5 percent preference. The preference is applied by the Department before the contract is awarded.

3. DVBE Incentive Application – Allowable Incentive Amounts

a) When the DVBE program is a required component of the solicitation, the minimum acceptable commitment level is three (3) percent. Incentive amounts applied begin at three percent and will not exceed five (5) percent.

b) When the Department waives DVBE program compliance from a solicitation, a responding firm’s DVBE participation is optional. Firms proposing DVBE participation are eligible to receive a DVBE incentive calculation from one (1) to five (5) percent. The incentive applied will be at the level of proposed DVBE commitment.

Example scale using high score method:

Available points example using sliding scale:

Administrative: 200 points Technical proposal: 400 points Cost proposal: 600 points Total: 1200 points

In the example above, there are 60 maximum DVBE Incentive points possible.

Example results using high score method:

Proposing Firm A B C

Responsive/Responsible

Yes

Total Points 1050 1155 1125

Eligible Preference SB None SB

SB Preference points achieved

57.75 0 57.75

Points Subtotal 1107.75 1155 1182.75 Rank 3 2 1

DVBE Participation No (0%) Yes (5%) Yes (2%) Incentive Points Applied None 60 24

Adjusted Points 1107.75 1215 1206.75

New Rank 3 1 2

4. Order of Evaluation

Confirmed DVBE Participation Possible Points Calculation:

1% - 1.99% inclusive

1% X 1200 = 12

2% - 2.99% inclusive 2% X 1200 = 24 3% - 3.99% inclusive 3% X 1200 = 36 4% - 4.99% inclusive 4% X 1200 = 48 5% and Higher 5% X 1200 = 60

a) Small Business Preference is calculated by multiplying the highest total points achieved by 5% and adding the resulting calculation to the total points of the Small Business firm. In this sample the calculation was based on 1155 points x .05 resulting in 57.75 additional points added to the certified Small Businesses (A and C).

b) DVBE Incentive Points are factored by multiplying the DVBE participation (%) identified by the total possible points that could be awarded (1200). This amount is then added to the firm’s total points. In the sample above, Firm B had 60 additional points added (.05% x 1200 total points available) to their total points placing them first for award. Firm C received 24 Incentive points, but this was not enough to place them first for award.

c) Under the High Score Method, it is possible to displace a high point Certified

Small Business with the Application of the DVBE Incentive.

8. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012 Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the web sites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

9. GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) DISCLOSURE

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

b. Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

c. Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

d. Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

e. Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

10. NOTICE OF INTENT TO AWARD AND PROTEST

a. A Notice of Intent to Award will be posted on Cal eProcure for five (5) business days. All proposing entities will be officially notified via Cal eProcure that the Notice of Intent to Award is posted.

b. Public inspection of all proposals and score sheets will be allowed after the Notice of Intent to Award has been posted.

c. Contracts shall be awarded only after a Notice of Intent to Award has been posted in a place accessible by the general public, including any internet site identified in this RFP, for five (5) business days.

d. Prior to the award, a proposing firm who claims he/she would have been eligible for the award of the contract, may protest the proposed award if DWR had scored his or her proposal correctly or if DWR had correctly followed the procedures specified in the Public Contract Code.

e. A protestant must meet the burden of proof that DWR has committed a material error in the conduct of the proposal award process.

f. Within five business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

g. Both the original protest and/or the detailed statement of protest, if any, must include the RFP number, the name of the State Agency involved, agency contact person, and protestant’s fax number, if any.

h. The protest documents may be sent by regular mail, email, courier, or personal delivery to:

Department of General Services Office of Legal Services

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

West Sacramento, CA 95605 Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

AND

Contract Specialist Email Address: nita.khushal@water.ca.gov

Upon receipt of the protest, Department of General Services (DGS) shall send the protestant an acknowledgement letter and thereafter communicate with the parties regarding further disposition of the protest.

11. 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 7920 et seq.) and are 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 that discloses any aspect of a proposing firm’s proposal, shall be held in the strictest confidence until the Notice of Intent to Award is posted. Proposals may be returned at the request and expense of the proposing firm.

D. Standard Conditions of Service

1. Service(s) shall not commence until the Agreement is fully executed and all approvals have been obtained.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement unless this Agreement is amended to extend the term.

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

E. Payee Data Record

1. The Contractor awarded this Agreement must have completed and submitted form STD 204, Payee Data Record, to determine if the Contractor is subject to a seven percent State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

2. No payment shall be made unless the Payee Data Record form has been completed and returned to DWR.

F. Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contactors)

i. The selected contractor awarded this Agreement must complete and submit the form DWR 9524a, Key Employee Policies and Guidelines Notice Acknowledgment, These policies and guidelines communicate expectations for contractors. Every contractor or subcontractors employee is expected to read and understand the material contained within. Primary contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. Economic Incentive Program

Proposing firms may be eligible for additional preferences when their place of business is located within certain economic regions and when they hire persons living and working within those economic regions. Please access the following links to read information about this economic incentive program.

TACPA CONTRACT PREFERENCE

This solicitation contains Target Area Contract Preference Act (TACPA) preference request forms.

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

The State as part of its evaluation process reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from bidders, manufacturers, subcontractors and any other sources available at the time of the bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State's request may result in denial of preference requested.

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

TACPA Preference Request (STD 830):

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

Bidder’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf

Manufacturer’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf

Any questions regarding the TACPA preference should be directed to the Department of General Services, Procurement Division at (916) 375-4609.

H. Small Business Program

1. The Small Business Procurement and Contract Act (Gov. Code Section 14835 et. seq.) requires that a fair share of the State’s purchases and contracts for goods, information technology services and construction be placed with a certified small business or micro-business. The Act mandates that state agencies:

a. Establish participation goals,

b. Provide a 5% small business calculation preference, and

c. Provide the opportunity for proposing firms to receive a 5% non-small business calculation preference when achieving 25% small business participation through subcontracted efforts.

2. SMALL BUSINESS PREFERENCE

The Small Business preference provides certified small businesses and micro-businesses a calculation preference in the amount of five percent (5%) of the highest scored responsible and responsive proposal submitted by a proposing firm who is not a certified small business. The small business preference is used as a calculation for determining the highest score and does not affect the actual price proposed.

The awarding department grants a certified small business a five percent (5%) Small Business preference on a proposal evaluation when a responsible non-small business has submitted the highest scored, responsive proposal pursuant to the evaluation solicitation method identified in a the proposal and the certified small business:

a. Includes in its bid a notification to the awarding department that it is a small business or that it has submitted to the DGS OSDS a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department of General Services as a small business; and

b. Submits a timely, responsive bid; and

c. Has been determined to be a responsible bidder.

Firms having pending Small Business or DVBE Certification applications under review by the Department of General Services concurrent with the proposal time frame should contact DGS/OSDS to request an expedite review/approval of their application in order to be considered for the small business preference during the evaluation of this proposal. Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process.

Firms must notify the Department in writing at the time of the proposal submission that they have an application for Small Business or DVBE certification under review at the DGS Office of Small and Disabled Veteran Business Certification, and that they wish to be considered for the Small Business Preference Calculation.

3. NON-SMALL BUSINESS PREFERENCE

The non-small business preference calculation may be applied when:

a. A responsible non-small business has agreed to subcontract a minimum of 25% of the net price proposed with a certified Small Business,

b. The non-small business firm is not the highest scored firm, and

c. The firm has submitted a responsive proposal.

Non-small business firms will be granted a five percent (5%) non-small business preference on a proposal evaluation by the awarding department if a responsible non-small business has been ranked as the highest scored proposal pursuant to the evaluation of the solicitation under the following conditions:

a. The firm has included in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more OSDS certified small business(s) and

b. The firm has submitted a timely, responsive bid; and

c. The firm is determined to be a responsible bidder; and

d. The firm Identifies OSDS certified small business(s) it commits to subcontract with. The bidder shall list certified SB subcontractors and include their name, address, phone number, a description of the work to be performed, and the percentage (as specified in the solicitation) per subcontractor.

4. NON-SMALL BUSINESS PREFERENCE CALCULATION

The Non-small business calculation preference five percent (5%) is used for bid evaluation purposes when there is at least one competing non-small business subcontracting at least twenty-five percent of its net price proposed to one or more certified small businesses, and award of the contract is made on the basis of the highest scored responsive, responsible bidder. The preference shall be computed as follows:

Firm A - High Score: 1250 Points – Not a certified small business firm Firm B - Non-SB Proposal: 1195 Points – Prime firm includes 25% to certified

SB subcontractor participation

Preference Calculation: 1250 x .05 (5%) = 62.50

Firm B Non-SB Bidder Bid: 1195.00 Calculated preference +62.50

1257.50 points

Award is made to Firm B as the highest scored firm with 1257.50 points.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the proposal score of a small business and the proposal score of a disabled veteran enterprise, the award shall go to the disabled veteran that is also a small business.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the small business or non-small business subcontractor preferences awarded on a single proposal exceed $50,000, and in no event shall the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. The five percent (5%) calculation preference is used for computation purposes only and does not alter or affect the actual proposal price or the amount of the executed contract. When a certified small business is responsive, responsible, and the highest scored firm, there is no need to compute the small business preference as the small business is already the highest scoring firm.

7. COMMERCIALLY USEFUL FUNCTION (Government Code 14837)

A certified small business, micro-business contractor, subcontractor or supplier, must meet commercially useful function requirements under Government Code section 14837(d) (4). Selected firms must perform a “commercially useful function” relevant to this contract.

The term “small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements in accordance with Government Code Section 14847 (d) (4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.