DRR24011_SB_54_Source_Reduction_Final.pdf

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

Notice to Prospective Proposers

April 25, 2024

You are invited to review and respond to this Request for Proposal (RFP) Secondary, entitled “SB 54 Source Reduction Baseline” DRR24011. In submitting your Proposal, you must comply with the instructions herein.

Note that all Contracts entered into with the State of California will incorporate by reference General Terms and Conditions, Special Terms and Conditions and Contractor Certification Clauses which are referenced in this package. If you do not have internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the Department of Resources Recycling and Recovery (CalRecycle) this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this RFP is:

Felix Valencia contracts@calrecycle.ca.gov

Phone: (916) 341-6779

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

Felix Valencia Contract Administrator mailto:contracts@calrecycle.ca.gov

Table of Contents

Section 1 Overview General Information CalRecycle Contact Information Service Needed Contract Budget Contract Amendment Payment Withhold Contract Term Process Type Process Schedule

Section II Rules and Conditions Introduction Commitment Antitrust Claims Contractor’s Cost Information Written Questions Addenda Modification of Submittals Errors in Submittals Unreliable List Electronic Waste Recycling Use Tax Subcontractors Payments to the Contractor Equipment and Software Purchases Proposers Conference

Section III Proposal Submittal Requirements Introduction Deadline Addressing Number of Copies Document Printing Cover Letter Table of Contents Summary Methodology Organization Qualifications and Resources References Samples of Written Work Contractor Eligibility Qualification/Licenses Small Business (SB) Participation Small Business (SB) Preference Application

Disabled Veteran Business Enterprise (DVBE) Participation Disabled Veteran Business Enterprise (DVBE) Incentive Application SB/DVBE Reporting Requirement SB/DVBE Resources Target Area Contract Preference Act (TACPA) Rules for Award

Section IV Cost Proposal Submittal Evaluation Cost Breakdown Travel and Per Diem

Section V Evaluation and Selection Introduction Selection Process Cost Points Grounds for Rejection Award of Contract Notice of Intent to Award Rejection of Award Protest of Award

Section VI Definition and Terms Section VII Required Forms

Client References Contractor Status Form Bidder Declaration Disabled Veteran Business Enterprises Declarations (DGS PD 843) Contractor Certification Clauses (CCC 04/2017) Iran Contracting Act (PCC 2202-2208) Darfur Contracting Act California Civil Rights Laws Certification GenAi Disclosure & Factsheet (STD 1000 – 01/2024)

Attachments Attachment A - Small Business Subcontractor Payment Certification Attachment B - Disabled Veteran Business Subcontractor Payment Certification Attachment C - Cost Proposal Sheet Attachment D - Proposal Scoring Sheet Attachment E - Sample Standard Agreement Attachment F - Proposal Completion Checklist

Department of Resources Recycling and Recovery RFP (S) Number DRR24011

Section 1 Overview

General Information CalRecycle’s mission is to protect California’s environment and climate for the health and prosperity of future generations through the reduction, reuse and recycling of California resources, environmental education, disaster recovery and the transition from a disposable to a fully circular economy.

CalRecycle Contact Information Department of Resources Recycling and Recovery Physical Address: 1001 I Street

Sacramento, CA 95814 CalRecycle Contracts Unit, MS-19A

Mailing Address: P.O. Box 4025 Sacramento, CA 95812-4025 Attn: Contracts Unit, MS-19A

Phone: (916) 341-6779 Email: contracts@calrecycle.ca.gov

Any documents delivered in person must be received by 2:00 p.m. on May 28, 2024, in the Visitor`s & Environmental Service Center located in the lobby of the CalEPA Headquarters Building at 1001 I Street, Sacramento, CA 95814.

Service Needed CalRecycle is seeking a Contractor to gather data to aid in the implementation of Senate Bill (SB) 54 (Allen, Chapter 75, Statutes of 2022), which established a new extended producer responsibility (EPR) program to manage single-use packaging and plastic single-use food service ware in California.

The data collected as part of this Contract will be used to:

• Inform the statewide Needs Assessment [PRC § 42067]; and

• Estimate, for purposes of establishing the source reduction baseline as required in PRC § 42057(b), the amount of plastic covered material that was sold, offered for sale, or distributed in the state in the 2023 calendar year.

The Contract objectives are to gather data from new and existing data sources, perform a gap analysis to identify areas of incomplete or missing data, and estimate the following: the number and weight (tons) of plastic covered material components sold, offered for sale, or distributed in the state for the 2023 calendar year.

Refer to the Sample Standard Agreement in the Attachments of this document for a complete description of the Scope of Work.

Contract Budget This Contract is valid and enforceable only if sufficient funds are made available by the Budget Act of the appropriate fiscal year for the purposes of this program. In addition, this Contract is subject to any additional restriction, limitations or conditions enacted by the Legislature, which may affect its provisions, terms, or funding.

Subject to availability of funds and approval by CalRecycle, there is a current maximum budget of $500,000.00 (Five hundred thousand dollars and zero cents).

Contract Amendment CalRecycle reserves the right to amend the Agreement for additional time as required for completion of work, or to increase funding, in accordance with Exhibit B, Budget Detail and Payment Provisions of the resulting Agreement.

Any contract amendments require CalRecycle and contractor to execute a Std. 213A, and approval by DGS, if required. The contract awarded pursuant to this RFP may be amended in compliance with the State Contracting Manual Volume 1, including but not limited to section 3.09 and 5.81.

Payment Withhold The provisions for payment under this contract shall be subject to a ten percent (10%) withholding per task. The withheld payment amount will be included in the final payment to the Contractor and will only be released when all required work has been completed to the satisfaction of CalRecycle.

Contract Term The term of this Agreement will span approximately eight (8) months and is expected to begin in June 2024. CalRecycle reserves the right to amend the term of this Contract as needs arise.

Process Type Request for Proposal (RFP) (Secondary Method).

Process Schedule This process will be conducted according to the following tentative schedule where all times are Pacific Standard Time.

Advertisement Date April 25, 2024 Proposer Conference at 10:00 am May 9, 2024 Written Questions Due by 5:00 pm May 16, 2024 Submittals Due by 2:00 pm May 28, 2024 Post Notice of Intent to Award June 13, 2024 https://500,000.00

Section II Rules and Conditions

Introduction There are conditions this RFP, submitting Proposers, Proposals and resulting Contracts are subject to and/or with which they must comply.

Commitment Upon submittal of a Proposal, the Contractor has committed to comply with the following requirements:

• All items noted in RFP documents

• Special Terms and Conditions, which are viewable in Exhibit D of the Sample Standard Agreement (Attachment E).

• General Terms and Conditions (GTCs) and Contractor Certification Clauses (CCCs) are both available for viewing at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

The above terms, conditions, and/or requirements are not subject to negotiation. Any Proposal that reserves a right to negotiate or expresses any exception to the above terms, conditions, and/or requirements will be disqualified. However, requests to revise any of the above terms, conditions, and/or requirements may be submitted during the formal question and answer period. Any such requests must include the current language, the proposed revised language, and the justification for the proposed revision. Any revisions are at the sole discretion of CalRecycle and will only be made under very limited circumstances in which the revisions apply to all Proposers and benefit or enhance the Contract.

If the Proposer fails to meet any of the requirements or comply with CalRecycle requests, CalRecycle can reject, disqualify, or remove the firm from the process. CalRecycle is not committed to awarding a Contract resulting from this RFP.

Antitrust Claims In submitting a Proposal Package to a public purchasing body, the Proposer offers and agrees that if the Proposal Package is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Proposer for sale to the purchasing body pursuant to the Proposal Package. Such assignment shall be made and become effective when the purchasing body tenders final payment to the Proposer. (See Government Code Section 4552.)

If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language treble damages, attributable to overcharges that were paid by the assignor but were not aid by the public body as part of the Proposal Package price, less the expenses incurred in obtaining that portion of the recovery. (See Government Code Section 4553.)

Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (See Government Code Section 4554.)

Contractor’s Cost All costs resulting from the Contractor’s participation in the RFP process are at the firm’s expense. No costs incurred by the Contractor participating in the RFP process will be reimbursed by CalRecycle.

Information All materials submitted in response to this RFP will become the property of CalRecycle and, as such, are subject to the Public Records Act (Government Code Sections

7920.000 et seq.). CalRecycle will disregard any language purporting to render all or portions of the RFP package confidential.

All information obtained or produced during the course of the Agreement will be made available to CalRecycle.

Any information obtained or produced during the Agreement that qualifies as confidential or a trade secret(s) under the Public Records Act (PRA) or the Public Contract Code (PCC) and is thus exempt from disclosure under those statutes shall be so marked by the firm prior to submission to CalRecycle. Any claims of confidentiality or trade secret(s) except as to information that qualifies as such under the PRA or PCC may result in disqualification.

CalRecycle will hold information obtained or produced during the Agreement deemed confidential or trade secret(s) by the firm to the extent allowable by the California PRA and the PCC.

Written Questions The RFP includes a formal question and answer period in which Proposers can submit questions about the RFP. All questions must be submitted in writing either by mail, fax, or e-mail to the CalRecycle Contact as listed in Section I, Overview. The questions and answers will be published in an Addendum to the RFP (see below, Addenda).

Addenda CalRecycle reserves the right to amend, alter, or change the rules and conditions of this

RFP.

Any ambiguity, conflict, discrepancy, omission, or other error discovered in the RFP should immediately be reported to CalRecycle prior to the deadline for submission of written questions. CalRecycle will issue addenda to address such issues.

Modification of Submittals A Proposal submitted prior to the submittal deadline can be withdrawn or modified by the submitting Proposer. The Proposer must:

• Provide a written request

• Identify the requesting individual and their association to the Proposer

A Proposal cannot be withdrawn for modification after the submittal deadline has passed.

Errors in Submittals An error in a Proposal package may be cause for rejection of that Proposal.

CalRecycle may make certain corrections, if the Proposer’s intent is clearly established based on review of the complete Proposal.

Unreliable List Any Contractor or subcontractor currently on CalRecycle’s Unreliable List is ineligible to apply for or participate in this contract.

Electronic Waste Recycling If the Contractor or any subcontractors participate in activities that result in the disposition of electronic components, they will comply with the provisions of PRC Chapter 8.5.

Use Tax If, during the course of the Contract, the Contractor will be involved in the re-sale of goods to the State, they must comply with the requirements of Section 6452.1, 6487, 6487.3, 7101, and 18510 of the Revenue and Taxation Code, in addition to Section 10295.1 of the Public Contract Code.

Subcontractors All subcontractors identified in the Proposal must be experts in their respective disciplines and capable of performing the tasks for which they are hired.

The Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) oversees the Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) certification programs. If awarded the Contract, the Contractor must use all the SB and DVBE firms identified on the Bidder Declaration form (link in the Required Forms section of this document). These firms must perform a commercially useful function. Per Government Code section 14837(d)(4), a certified small business or microbusiness is deemed to perform a commercially useful function if the business does all of the following:

1. Is responsible for the execution of a distinct element of the work of the contract;

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

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

4. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing (if applicable) and making payment; and

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

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their Proposal, per Military and Veterans Code § 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the DGS. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the Proposal and approved DVBE substitutions will be documented by contract amendment.

Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the Proposal may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9;

Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).

CalRecycle reserves the right to approve substitutions of subcontractors, as long as certified business participation levels remain unchanged.

Payments to the Contractor Payments to the Contractor by CalRecycle will be made in arrears. Services rendered by the Contractors must be identified on an invoice, to be billed monthly in arrears.

Equipment and Software Purchases Although equipment or software purchases are not anticipated in this contract, any equipment or software purchased to perform the responsibilities under the contract are considered state property and shall be returned to CalRecycle at the end of the contract or upon request of the CalRecycle Contract Manager (Contract Manager).

Proposers Conference CalRecycle will hold a Proposers Conference via Zoom. The link will go active one (1) hour before the meeting start time to allow attendees time to test their connection. Use the link below to access webinar “SB 54 Source Reduction Baseline DRR24011”.

https://us02web.zoom.us/j/86077382203?pwd=cGUxRkRyZ3djT25Yd0kycHh1eGo3QT09

The Proposer’s Conference will begin promptly at 10:00 a.m., on the date noted in Section I, Process Schedule.

https://us02web.zoom.us/j/86077382203?pwd=cGUxRkRyZ3djT25Yd0kycHh1eGo3QT09 https://10115.10

Section III Proposal Submittal Requirements

Introduction Failure to follow the instructions contained in this document may be grounds for rejection of a Proposal.

CalRecycle may reject any Proposal if it is conditional, incomplete or contains irregularities.

CalRecycle may waive an immaterial deviation in a Proposal, if deemed in the best interest of CalRecycle.

Deadline The Proposal package must be received by CalRecycle, at the address listed in Section I, Overview and by the “Submittals Due by 2:00” date in Section I, Overview.

Proposals received after the deadline will be considered late and returned to the Proposer unopened.

Addressing The Proposal package must clearly state that it is in response to this RFP and note the RFP number listed with the direction of “Mailroom – do not open.”

Number of Copies The Proposer is required to submit all required documents in the following format:

• One original, non-bound hard copy marked “Original”

• One electronic copy on compact disc or USB flash drive viewable by Adobe

Acrobat Reader. The entire Proposal, including any attachments, must be saved as a single document.

It is the submitting Proposer’s responsibility to ensure that the electronic copy is formatted in Adobe Acrobat Reader and viewable by CalRecycle.

Document Printing All documents must be submitted double-sided on paper with a minimum of 100% post-consumer recycled content fiber.

Cover Letter The cover letter shall be signed by an individual who is authorized to bind the Proposer and shall indicate that person's title or position. The cover letter must be on the Proposer's company letterhead and contain the following information:

a. Name and address of the Proposer submitting qualifications;

b. Proposer’s Headquarters for purposes of this Contract, if awarded;

c. Name, telephone number, and e-mail address of a person who can be contacted if further information is required;

d. Name, title, address, telephone number, and e-mail address of individual(s) with authority to negotiate and execute a binding Contract on behalf of the Proposer;

e. Statement that personnel who will provide services under the Contract will have the required certifications and that the Proposer will have qualified personnel available to meet the service needs;

f. Statement attesting to the fact of the percentage of post-consumer recycled content fiber paper used in the compilation of the Proposal package.

g. Statement stating that the Contractor and any Subcontractors to be used during the performance of the contract are eligible to contract with the State of California, pursuant to PCC 10286; and

h. List of Contractor’s and any subcontractor(s’) business names, identification of certified Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) status, if applicable, and corresponding Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) Reference number(s) issued by

DGS.

i. Statement acknowledging the receipt of all issued Addenda pertaining to this solicitation.

Table of Contents The information must be organized as presented with corresponding page references.

Summary The Proposer shall include a brief overview of the project and summarize the Proposer’s approach to the work.

Methodology The Proposal should include a Study Design describing the methods to be employed to accomplish the contract activities described in the Scope of Work in the Sample Standard Agreement in this document.

The methodology must be described in sufficient detail to allow CalRecycle staff to evaluate the methods and must address all tasks and items in the Scope of Work. The description should include not only what work will be performed, but how it will be performed.

The tasks described in the Scope of Work outline a general approach for meeting the requirements; detailed approaches for the tasks must be proposed that meet or exceed the requirements in meeting the project objectives.

Proposals must describe in detail how project objectives will be met and the methods the Proposer will use to achieve project objectives outlined in the Scope of Work.

The Proposer should consider the following when developing its Proposal:

1) The Proposal should include a Study Design describing, with justifications, the methods to be employed to accomplish the project objectives. The description should include not only what work will be performed, but how it will be performed, in sufficient detail to allow CalRecycle staff to evaluate the methods and address all tasks and items in the SOW.

2) The Study Design should explain how, if at all, the Contractor will employ new and innovative approaches or improve upon proven approaches used in similar studies.

3) The Study Design should include:

a. Methodology and other information on how the Proposer will complete Tasks 3 through 5, including, but not limited to:

i. What new data, if any, will be collected, proposed methodology for collecting the data, and evidence-based justification of how the collected data will meet the objectives in the study.

ii. What pre-existing data, if any, will be used, proposed methodology for accessing existing data, and evidence-based justification of how the data will meet the objectives in the study.

iii. How the data will be analyzed to meet the objectives in the study.

iv. Information on the methodology and criteria used to conduct the audit of the foundational data to be included in the source reduction baseline calculation.

v. Information on the methodology and criteria used to conduct the gap analysis of the collected foundational data to be included in the source reduction baseline calculation.

vi. Information on how the findings of the data audit and gap analysis will be applied to estimate the source reduction baseline.

vii. A description of feasibility concerns for any parts of the Study Design, including anticipated challenges and proposed solutions.

viii. How the Proposer plans to engage with other entities necessary to meet the objectives of the contract

b. Tentative schedule/timeline to complete the proposed activities in the Study Design, including but not limited to:

i. When each activity in the Study Design will be executed

ii. Schedule for submitting the initial draft report and finalizing the final report.

c. CalRecycle anticipates that potential providers of data, including but not limited to producers of covered material or industry organizations, may want to have measures in place to prevent accidental or unauthorized use or disclosure of Confidential Business Information (CBI). To facilitate the acquisition and protection of confidential and sensitive information, the Study Design should include a plan to address the collection of potential CBI and how the CBI will be maintained in confidence while still achieving the Contract’s objectives. The Proposer shall explain, citing specific examples and specific experience, what measures will be taken to protect CBI. Such measures must include, at a minimum, restrictions on access to CBI such that only those who need to access it for purposes of the study can do so, measures to prevent accidental or unauthorized use or disclosure, legal agreements, and destruction of CBI upon completion of the study.

The plan must specifically address how, considering CalRecycle’s obligations under the Public Records Act to make records provided to it publicly available, information will be provided to CalRecycle without revealing CBI. The plan may include, for example:

i. Password protection and other authentication methods to restrict access to electronically stored information.

ii. Technologies to prevent copying and transmittal of electronically stored information.

iii. A timeline for executing non-disclosure agreements, and how doing so will affect the overall timeline of the contract.

iv. Specific examples of CBI that may be obtained and how it will be submitted to CalRecycle while complying with confidentiality obligations.

v. Identification of legal counsel to assist with establishing adequate protections for CBI (e.g., through non-disclosure agreements).

vi. Examples of legal instruments (such as non-disclosure agreements) that will be used to protect CBI.

vii. How the data will be aggregated or anonymized before being disclosed to CalRecycle in a manner that still allows CalRecycle to validate the analysis and findings.

viii. How CBI will be destroyed after completion of the study.

Organization Provide a brief description of the organization’s services and activities, including:

• Date of establishment

• History

• Location

• Any known conflicts of interest

Qualifications and Resources The Proposer shall have the experience, qualifications, and resources to perform the required tasks of the project. Because of the complexity of this study, proposers must demonstrate experience in the following: a thorough understanding of SB 54 and its regulations, as well as other Extended Producer Responsibility programs, conducting studies and projects with a broad background in California’s market intelligence landscape analysis, ensuring data integrity through appropriate quality assurance and quality control processes and data entry procedures; demonstrated experience with effectively communicating challenges and issues in a timely manner; demonstrated project management. This should include evidence of equivalent work or demonstration of knowledge showing that the Proposer will be able to achieve the objectives and tasks outlined in this SOW.

Each Proposal must include a description of the resources to be used on the project while demonstrating an individual or team members’ abilities to perform the work. The Proposals must include resumes for the Project Manager, Personnel and Subcontractors, that include:

• Experience

• Knowledge

• Educational Background

• Appropriate Licensing

References The Proposer’s team must provide a minimum of three (3) verifiable references, for the Proposer and for each proposed Subcontractor, which supports the above qualifications.

If a reference or project experience is unable to be verified, it will be disregarded.

Samples of Written Work The Proposer’s team must include copies of verifiable written work that is similar in nature to the proposed project and deliverables. At least one example should demonstrate the following:

1. Knowledge and understanding of California’s waste and recycling landscape, including infrastructure, end-use markets, and related legislation, policies, and regulations.

2. Experience collecting, compiling, and analyzing data and information related to California’s solid waste and recycling infrastructure and programs, lifecycles and end-use markets for products generated by the recycling infrastructure, and barriers to a circular economy.

3. Experience conducting gap analyses of current waste systems.

Contractor Eligibility The Proposer must include a written declaration stating that the Contractor and any Subcontractors to be used during the performance of the contract are eligible to contract with the State of California, pursuant to PCC § 10286.1. The statement may be included in the cover letter.

Qualification/Licenses The Proposer shall be an individual or firm qualified to do business in California.

Required documentation includes the following as applicable:

• A copy of the Proposer’s registration with the Secretary of State.

• Additionally, pursuant to the California Business and Professions Code, for services of a “professional” nature requiring a professional license issued by the CA Department of Consumer Affairs, Proposers must submit a copy of the appropriate license(s) for each team member who will provide “professional” services under the contract.

Small Business (SB) Participation CalRecycle requires a minimum of twenty-five percent (25%) of the project services to be contracted to a California OSDS certified SB that performs a commercially useful function.

This goal can be achieved by a combined effort of the prime and/or any Subcontractors, which includes:

• If the Proposer is a certified OSDS SB, as defined in Section V Definitions and Terms, the Bidder Declaration form (link in Required Forms section of this document) shall be completed and submitted with the Proposal.

• If the Proposer has identified Subcontractors to be utilized to meet this goal, the Bidder Declaration form (link in Required Forms section of this document) shall be completed and submitted with the Proposal.

SB and non-SB may receive preference as set forth below.

For purposes of this RFP, references to “Small Business” or “SB” include “Microbusiness” unless contrary to law. SB certification of “SB-PW” (public works) cannot be used to fulfill the SB/Non-SB Preference Program(s).

Small Business (SB) Preference Application Any Proposer competing in this process as a California certified SB, or as a non-SB certifying to subcontract a minimum of 25% of the total contract services to a California certified SB, will receive a five percent (5%) preference. Certification must be provided by DGS, OSDS.

Each listed certified small business must perform a "commercially useful function" in the performance of the contract as defined in Government Code Section 14837(d)(4).

The required list of California certified small business subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied,

5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor. Use the Bidder Declaration form (link in Required Forms section of this document) to report this information.

Questions regarding certification should be directed to the OSDC at (916) 375-4940. In no event shall the SB preference or non-SB subcontracting preference exceed $50,000 in any single bid.

CalRecycle will apply the preference as described below.

For award based on high score, the preference is applied by calculating the "earned" score for all Proposers: If the highest scored Proposal is from a non-certified SB, then:

1. Calculate five percent (5%) of the highest responsible Proposer's total score.

2. Add the amount calculated in Step 1 above to the score of each of the Proposals eligible for the SB preference to obtain the new total scores for the eligible Proposals.

Application of the preference shall not displace an award to a SB with a non-SB.

A copy of the Proposer’s and or/ SB subcontractor’s SB certification shall be included with the Proposal.

If the Proposer makes a commitment to achieve SB participation, then the Proposer, if awarded this contract, must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of SB participation that was achieved (Govt. Code § 14841). Refer to the Small Business Enterprise Subcontractor Payment Certification form (Attachment A) to fulfill this requirement.

Disabled Veteran Business Enterprise (DVBE) Participation CalRecycle requires a minimum of three percent (3%) of the project services to be contracted to a California OSDS certified DVBE that performs a commercially useful function.

This goal can be achieved by a combined effort of the prime and/or any Subcontractors, which includes:

• If the Proposer is a certified OSDS DVBE, as defined in Section V, Definitions and Terms, the Bidder Declaration form (link in Required Forms section of this document) shall be completed and submitted with the Proposal.

• If the Proposer has identified Subcontractors to be utilized to meet this goal, the Bidder Declaration form (link in Required Forms section of this document) shall be completed and submitted with the Proposal.

• Proposers claiming the DVBE incentive must complete and return the Disabled Veteran Business Declarations (DGS PD 843) (link provided in the Required Forms section of this document).

After being awarded, Contractor shall use the DVBE subcontractors or suppliers proposed in the bid to the State unless a substitution is requested and approved.

Contractor shall request the substitution in writing to CalRecycle and receive approval from both the CalRecycle and DGS in writing prior to the commencement of any work by the proposed subcontractor or supplier. A DVBE subcontractor may only be replaced by another DVBE subcontractor. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

The Contractor shall report and certify DVBE subcontractor payments to CalRecycle by completing and submitting an accurate Prime Contractor’s Certification – DVBE Subcontracting Report STD 817 upon contract completion. CalRecycle will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the reporting and certification requirements above. A Contractor that fails to comply with the reporting and certification requirement shall, after written notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, CalRecycle shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000.

A person or entity that knowingly provides false information shall be subject to a civil penalty for violation (M&VC § 999.5(d); GC § 14841). Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the M&VC, including, but not limited to, the requirements of Section 999.5(d). (PCC Code 10230.)

Disabled Veteran Business Enterprise (DVBE) Incentive Application Any Proposer competing in this process as a California certified DVBE, or as a non- DVBE certifying to subcontract a minimum of 3% of the total contract services to a California certified DVBE, will receive an incentive. The incentive amounts for DVBE participation percent are as shown below:

• Five percent (5%) or more participation will receive five percent (5%) incentive calculation.

• Four percent (4%) participation will receive two percent (2%) incentive calculation.

• Three percent (3%) participation will receive one percent (1%) incentive calculation.

Certification must be provided by DGS, OSDS. The incentive is available to a non- DVBE claiming a minimum of three percent (3%) California certified DVBE subcontractor participation. If claiming the non-DVBE subcontractor incentive, the bid response must include a list of the DVBE(s) with which you commit to subcontract in an amount of at least three percent (3%) of the net bid price with one of more California certified DVBEs. Each listed certified DVBE must perform a "commercially useful function" in the performance of the contract as defined in Government Code Section 14837(d)(4).

The required list of California certified DVBE subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor. Use the Bidder Declaration form (link in Required Forms section of this document) to report this information.

Questions regarding certification should be directed to OSDC at (916) 375-4940.

CalRecycle will apply the incentive as follows:

The incentive is applied during the evaluation process and is only applied for responsive bids from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified above.

For award based on high score, the incentive is applied by calculating the "earned" score for all bidders. If the highest scored Proposal is from a non-certified DVBE then:

1. Calculate five percent (5%) of the highest responsible Proposer's total score.

2. Add the amount calculated above to the score of each of the Proposals eligible for the DVBE incentive according to the participation levels to obtain the new total scores for the eligible Proposals.

Application of the incentive shall not displace an award to a DVBE with a non-DVBE.

A copy of the Proposer’s DVBE certification should be included with the Proposal Package.

If awarded, the Proposer who has made a commitment to achieve disabled veteran business enterprise (DVBE) participation, must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military & Veterans Code (M&VC) § 999.5(d)). Refer to the Disabled Veteran Business Enterprise Subcontractor Payment Certification form (Attachment B) to fulfill this requirement.

SB/DVBE Reporting Requirement In compliance with GC 14841, the awarded Contractor shall, upon completion of an awarded contract for which a commitment to small business subcontractors, report to CalRecycle the actual percentage of small business participation that was achieved.

In compliance with M&VC 999.5(d) and 999.7, awarded Contractor shall, upon completion of an awarded contract for which the Contractor entered into a subcontract with a DVBE, certify to CalRecycle all the following:

1. The total amount the prime contractor received under the contract.

2. The name and address of the DVBEs that participated in the performance of the contract and the contract number.

3. The amount and percentage of work the prime contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the prime contractor.

4. That all payments under the contract have been made to the DVBE. Upon request by the awarding department, the prime contractor shall provide proof of payment for the work.

After being awarded, Contractor shall use the DVBE subcontractors or suppliers proposed in the bid to the state unless a substitution is requested and approved. The contractor shall request the substitution in writing to CalRecycle and receive approval from both the CalRecycle and DGS in writing prior to the commencement of any work by the proposed subcontractor or supplier. A DVBE subcontractor may only be replaced by another DVBE subcontractor. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

If for this contract, Contractor made a commitment to achieve the DVBE participation goal, CalRecycle will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements above. A Contractor that fails to comply with the certification requirement shall, after written notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of notice, the prime Contractor refuses to comply with the certification requirements, the CalRecycle shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000.

A person or entity that knowingly provides false information shall be subject to a civil penalty for violation (M&VC § 999.5(d); GC § 14841). Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the M&VC, including, but not limited to, the requirements of Section 999.5(d). (PCC Code 10230.)

Refer to the Disabled Veteran Business Enterprise Subcontractor Payment Certification form (Attachment B) to fulfill this requirement.

SB/DVBE Resources The following may be used to locate DVBE Suppliers.

STATE: State of California, Department of General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS) offers many services that assist contractor/business owners with a variety of information designed to streamline the

State contracting process. OSDS also certifies DVBE contractors. For more information, please contact OSDS to find out more:

Office of Small Business and DVBE Services Department of General Services

Procurement Division 707 Third Street

West Sacramento, CA 95605 Phone: (916) 375-4940

Email: OSDSHelp@dgs.ca.gov

Access the list of Focus-Trade Papers and Referral Organizations at:

https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Focus- TradePaper.pdf?la=en&hash=A310ABD432B537302CFFF6C1812166C3D88DC689 or SB.DVBECompliance@dgs.ca.gov

Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD) online certified firm database at:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Search by “Keywords” or United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE.

Check for subcontractor ads placed on the California State Contracts Register (CSCR) for this solicitation before the closing date. You may access the CSCR at:

https://www.caleprocure.ca.gov/pages/index.aspx

Remember to verify each firm’s status as a California certified DVBE.

AWARDING DEPARTMENT: Contact the department’s contracting official named in this solicitation for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to identify DVBE suppliers for the solicitation.

Target Area Contract Preference Act (TACPA) If the budget for services outlined in this announcement exceeds $100,000, CalRecycle provides the optional TACPA preference for TACPA qualified Proposers. Proposers are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the Proposal. The Proposer shall provide reasonable demonstration of contract labor hours and certify that they will comply with the requirements of the TACPA. The TACPA workplace and workforce preferences will be evaluated for this solicitation. California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone: Request a Target https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2FFMC%2FGS%2FPD%2FPD_3.pdf&data=05%7C01%7CMelissa.Mojonnier%40calrecycle.ca.gov%7C7d12e66872b446aad7be08da9c010972%7Ca4c5f142282344b9a970816a20aaabee%7C0%7C0%7C637993825513464277%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Yj0jay1Glq8iNGvh2UeM68VZIOG3Rvhi2byL6BaNdLA%3D&reserved=0 https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Focus-TradePaper.pdf?la=en&hash=A310ABD432B537302CFFF6C1812166C3D88DC689%20 https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Focus-TradePaper.pdf?la=en&hash=A310ABD432B537302CFFF6C1812166C3D88DC689%20 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.calrecycle.ca.gov%2Fcontracts&data=05%7C01%7CMelissa.Mojonnier%40calrecycle.ca.gov%7C7d12e66872b446aad7be08da9c010972%7Ca4c5f142282344b9a970816a20aaabee%7C0%7C0%7C637993825513464277%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=aUpOTaxnVlnI%2BKWDNTtMemYu7Rw60jOcoexyfbshnqc%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcaleprocure.ca.gov%2Fpages%2FPublicSearch%2Fsupplier-search.aspx&data=05%7C01%7CMelissa.Mojonnier%40calrecycle.ca.gov%7C7d12e66872b446aad7be08da9c010972%7Ca4c5f142282344b9a970816a20aaabee%7C0%7C0%7C637993825513464277%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=xQvkotNE3PxUbl5b47b2zZBNJuzwHMnEhwrBEnEHogI%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dgs.ca.gov%2FPD%2FResources%2FPage-Content%2FProcurement-Division-Resources-List-Folder%2FCommercially-Useful-Function-for-Certified-Firms&data=05%7C01%7CMelissa.Mojonnier%40calrecycle.ca.gov%7C7d12e66872b446aad7be08da9c010972%7Ca4c5f142282344b9a970816a20aaabee%7C0%7C0%7C637993825513464277%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ZrBH%2FX9CppmBeaAhsVeyKfnJ3T%2FYgifsPZ7MlHZymw0%3D&reserved=0 https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA

Area Contract Preference. If the Proposer is qualified for this preference, the TACPA Preference Request Form (STD 830) and the DGS/PD 526 Bidders’s Summary of Contract Activities and Labor Hours must be included in the Proposal submittal.

Rules for Award Preference programs for TACPA or the non-SB subcontracting preference cannot displace a direct award to a certified SB. In the event of a tie between a SB and a firm that is SB and DVBE, the award shall be made to the firm that is SB and DVBE.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

Section IV Cost Proposal Submittal

Evaluation The Contractors Cost Proposal submittal will be evaluated based on whether the cost breakdown is sufficiently detailed to determine if the proposed expenses are reasonable.

Cost Breakdown Attachment C, Cost Proposal Sheet, must be completed, specifying the total cost, and including detailed project costs and subcontractor commitments, identified by each task and dollar amount. The awarded Proposer’s invoices must be itemized as shown in the submitted Cost Proposal Sheet.

With the exception of travel expenses, the cost of food and beverage purchases is not reimbursable. All travel must be itemized in Attachment C, under Column 6. For further travel information read the following section, Travel and Per Diem.

This table describes the pay-per-deliverable structure for this contract.

Tasks Payment Structure Cost Proposed is Not to Exceed the Listed Percent of

Entire Project

Cost

Task 1- Preparation for Kickoff Meeting and Project Kickoff Meeting with CalRecycle

A meeting is considered “complete” only if:

• An agenda is provided with all of the required details as described in Task 1, and

• Meeting notes are submitted as described in Task 1.

The Contractor’s compensation for this deliverable includes all work performed as part of Task 1. The Contractor must indicate the cost for the kickoff meeting and associated deliverables in their proposal ($/meeting).

10%

A meeting is considered “incomplete” if either of the above two conditions are not met.

Task 2 – Monthly meetings with CalRecycle

A meeting is considered “complete” only if:

• An agenda is provided with all the required details as described in Task 2, and

• Meeting minutes are submitted as described in Task 2.

A meeting is considered “incomplete” if either of the above two conditions are not met before the next meeting.

For a “complete” meeting, 100 percent of the proposed task costs will be paid.

For an “incomplete” meeting and deliverables, the Contractor’s remedial options are as follows:

• Correct all identified issues and resubmit the deliverables within five

(5) calendar days of receiving notice of an issue from CalRecycle.

o If approved, the corrected issues are eligible for 90 percent payment and the Contractor shall be instructed to invoice the Contract Manager accordingly.

• If deliverables are not resubmitted, it will be deemed “incomplete”…