DRR26039_Link_Letter_and_RFP_for_Study_on_PCR_Plastics_ADA.pdf

1001 I Street, Sacramento, CA 95814 P.O. Box 4025, Sacramento, CA 95812 www.CalRecycle.ca.gov (916) 322-4027

California Environmental Protection Agency

Department of Resources Recycling and Recovery

Gavin Newsom California Governor

Yana Garcia Secretary for Environmental Protection

Zoe Heller CalRecycle Director

October 27, 2026

To: All Interested Proposers

Regarding: Study on the Availability of Postconsumer Recycled Plastic in the Market, DRR26039.

CalRecycle uses a fully integrated electronic bid (eBid) submission platform to modernize procurement processes with a more user-friendly interface. CalRecycle is accepting Bidder/Proposer solicitations through our bidder portal.

Please use the following link and instructions to access the solicitation:

https://app.authorium.com/public/online_submissions/d4cac4d4-f71b-4033- 96d3-ade096739b33

Step 1: Click the link provided above and select “Get Started” to register as a vendor. You will need to provide some basic information, such as your name, business name, and contact details, and create a unique password.

Step 2: Click on the opportunity title to see the solicitation. You may invite other collaborators from your company to view and respond to the solicitation from this page.

Step 3: To submit a bid or proposal for this solicitation, complete/prepare each of the documents or responses indicated on the solicitation response page.

Using the “Next” button, move through the document and upload each item to the vendor portal in the identified location. In many cases, the required document will be provided as a link to download, complete, and upload to the same page. This process simplifies previously complicated submission folder structures and ensures all documents are stored in precisely the right location.

You may save your progress and re-enter the portal at any time up to the final submission date and time.

Step 4: When your submission is ready to submit, simply click Submit and Complete. You will receive verification of the date and time your bid or proposal was submitted. This timestamp is visible at any time via the portal. If any documents are missing, this will be indicated by a red box. Scroll from top to bottom of the document to locate the missing field.

Note: All submission requirements must be completed prior to the portal accepting your submission. If you experience any issues opening the link, https://app.authorium.com/public/online_submissions/d4cac4d4-f71b-4033-96d3-ade096739b33 https://app.authorium.com/public/online_submissions/d4cac4d4-f71b-4033-96d3-ade096739b33

1001 I Street, Sacramento, CA 95814 P.O. Box 4025, Sacramento, CA 95812 www.CalRecycle.ca.gov (916) 322-4027 please try accessing it using a different web browser (such as Chrome or Edge).

Some browsers may block certain features, and switching usually resolves the problem.

For any questions relating to this solicitation, please contact:

Erin Marty at (916) 341-6202 or by email Contracts@calrecycle.ca.gov.

Sincerely, Erin Marty

Contract Analyst

Administrative Services Branch mailto:Contracts@calrecycle.ca.gov

TABLE OF CONTENTS

SECONDARY RFP MAIN 1

1. OVERVIEW 2

1.1. General Information 2

1.2. CalRecycle Contact Information 2

1.3. Service Needed 2

1.4. Contract Budget 3

1.5. Contract Amendment 4

1.6. Payment Withhold 4

1.7. Contract Term 4

1.8. Process Type 4

1.9. Process Schedule 4

2. RULES AND CONDITIONS 6

2.1. Introduction 6

2.2. Commitment 6

2.3. Conflict of Interest and Follow-On Contracts 6

2.4. Antitrust Claims 7

2.5. Contractor’s Cost 8

2.6. Public Records Act 8

2.7. Written Questions 8

2.8. Addenda 9

2.9. Modification of Submittals 9

2.10. Errors in Submittals 10

2.11. Upload of Submittals 10

2.12. Unreliable List 10

2.13. Electronic Waste Recycling 10

2.14. Use Tax 11

2.15. Subcontractors 11

2.16. Payments to the Contractor 12

2.17. Equipment and Software Purchases 13

2.18. Proposer's Conference 13

2.19. Generative Artificial Intelligence 13

3. PROPOSAL SUBMITTAL REQUIREMENTS 15

3.1. Introduction 15

3.2. Deadline 15

3.3. Cover Letter 15

3.4. Summary 16

3.5. Methodology 16

3.6. Organization 18

3.7. Qualifications and Resources 19

3.8. References 20

3.9. Samples of Written Work 20

3.10. Contractor Eligibility 20

3.11. Licenses 20

3.12. Small Business (SB) Participation 21

3.13. Small Business (SB) Preference Application 22

3.14. Disabled Veteran Business Enterprise (DVBE) Participation 23

3.15. Disabled Veteran Business Enterprise (DVBE) Incentive Application 24

3.16. Commercially Useful Function (CUF) Certification 26

3.17. SB/DVBE Reporting Requirement 26

3.18. SB/DVBE Resources 28

3.19. Target Area Contract Preference Act (TACPA) 29

3.20. Rules for Award 29

4. COST PROPOSAL SUBMITTAL 31

4.1. Evaluation 31

4.2. Cost Breakdown 31

4.3. Travel and Per Diem 32

5. EVALUATION AND SELECTION 34

5.1. Introduction 34

5.2. Selection Process 34

5.3. Cost Points 36

5.4. Grounds for Rejection 37

5.5. Award of Contract 37

5.6. Notice of Intent to Award 38

5.7. Rejection of Award 38

5.8. Protest of Award 38

6. DEFINITION AND TERMS 40

ATTACHMENT 1: SMALL BUSINESS (SB) SUBCONTRACTOR PAYMENT CERTIFICATION 44

ATTACHMENT 2: DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS (DGS PD 843) 46

ATTACHMENT 3: DISABLED VETERAN BUSINESS SUBCONTRACTOR PAYMENT CERTIFICATION (STD 817) 47

ATTACHMENT 4: COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION (CALRECYCLE 75) 48

ATTACHMENT 5: COST PROPOSAL SHEET 49

ATTACHMENT 6: PROPOSAL SCORING SHEET 50

ATTACHMENT 7: CLIENT REFERENCES 53

ATTACHMENT 8: CONTRACTOR STATUS FORM 55

ATTACHMENT 9: BIDDER DECLARATION 57

ATTACHMENT 10: CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017) 58

ATTACHMENT 11: IRAN CONTRACTING ACT VERIFICATION FORM (DGS PD 3) 59

ATTACHMENT 12: DARFUR CONTRACTING ACT CERTIFICATION (DGS PD 1) 60

ATTACHMENT 13: CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT (DGS OLS 04) 61

ATTACHMENT 14: TARGET AREA CONTRACT PREFERENCE ACT 62

ATTACHMENT 15: GENAI REPORTING & QUESTIONNAIRE (CALRECYCLE 76) 63

ATTACHMENT 16: FINAL PROPOSAL CHECKLIST 64

ATTACHMENT 17: SAMPLE STD AGREEMENT CONF-RFP(S) wIT Provisions.pdf 66

EXHIBIT A: SCOPE OF WORK 67

1. OVERVIEW 67

2. CONTACT INFORMATION 67

3. BACKGROUND 67

4. WORK TO BE PERFORMED 70

5. TASKS 71

6. CONTRACT TASK TIMELINE 75

7. LOCATION OF SERVICES 77

8. CONTROL OF WORK 77

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS 79

EXHIBIT B-1: COST WORKSHEET 81

EXHIBIT C: GENERAL TERMS AND CONDITIONS 82

EXHIBIT D: SPECIAL TERMS AND CONDITIONS 83

EXHIBIT E: RECYCLED CONTENT CERTIFICATION 92

EXHIBIT F: CONFIDENTIALITY AND DATA SAFEGUARDS 94

1. DEFINITIONS 94

2. CONTRACTOR'S DATA GOVERNANCE PROTOCOL 94

3. DATA PRIVACY AND CONFIDENTIALITY 94

4. DATA PROTECTING AND SAFEGUARDS 95

5. RECORD KEEPING 96

6. SURVIVAL 96

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

Notice to Prospective Proposers

October 30, 2026

You are invited to review and respond to this Secondary Request for Proposal RFP (S), entitled Study on the Availability of Postconsumer Recycled Plastic in the Market, DRR26039. 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.

In the opinion of the Department of Resources Recycling and Recovery (CalRecycle) this RFP (S) 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 (S) is:

Erin Marty contracts@calrecycle.ca.gov

(916) 341-6202

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

Erin Marty Contract Administrator

Department of Resources Recycling and Recovery RFP (S) Number DRR26039 mailto:contracts@calrecycle.ca.gov

1. OVERVIEW

1.1. 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.

1.2. CalRecycle Contact Information

Department of Resources Recycling and Recovery

Physical Address:

1001 I Street Sacramento, CA 95814 CalRecycle Contracts Unit

Mailing Address:

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

Phone: (916) 341-6202

Email: contracts@calrecycle.ca.gov

1.3. Service Needed

Assembly Bill (AB) 2530 (Chapter 861, Statutes of 2016) added Public Resources Code (PRC) Section 14549.3 which requires beverage manufacturers to report, on an annual basis, the amount of virgin and postconsumer recycled plastic used in the beverage containers they sold in the previous year beginning in 2018. AB 793 (Chapter 115, Statutes of 2020) amended PRC Section

14549.3 and added PRC Sections 14547 and 18017 establishing minimum postconsumer recycled plastic content standards for plastic beverage containers subject to California Redemption Value

Department of Resources Recycling and Recovery RFP (S) Number DRR26039

(CRV). The goal of AB 793 is to help develop domestic markets for recycled plastic, reduce the amount of virgin plastic used, and provide a closed-loop solution for plastic beverage containers. To achieve this, AB 793 requires the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer, as defined by PRC Section 14506, to contain, on average, a minimum of 15 percent postconsumer recycled plastic beginning in 2022, increasing to 25 percent in 2025, and settling at 50 percent in 2030. Beverage manufacturers who fail to meet the minimum postconsumer recycled standard may face administrative penalties based on the weight of postconsumer recycled plastic needed to reach the minimum standard.

Per PRC Section 14547(a)(6)(A), beginning January 1, 2025, the Director of CalRecycle may, on an annual basis, review and determine to adjust downwards the minimum postconsumer recycled plastic content standard required from the established 25 percent and 50 percent requirements, respectively. The review may be initiated by the Director or at the petition of the beverage manufacturing industry not more than once annually. PRC Section 14547(a)(6)(C) authorizes CalRecycle to enter into a contract for the services required to implement the requirements of PRC Section 14547 and any related regulations developed by CalRecycle.

CalRecycle seeks a Contractor to obtain data and information to substantiate the achievability of the minimum postconsumer recycled standards by beverage manufacturers and inform CalRecycle's decisions in the adjustment of the minimum postconsumer recycled plastic content standard requirement through a study. Data collected in this study is critical to inform policy and programs targeted at closing the loop and moving toward a circular economy, with significantly less plastic waste ending up in landfills.

Refer to the sample Standard Agreement for a complete description of the EXHIBIT A: SCOPE OF

WORK.

1.4. 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 the provisions, terms, or funding of this Contract in any manner.

RFP (S) Number DRR26039

Subject to availability of funds and approval by CalRecycle, there is a current maximum budget of $1,000,000.00 (One million dollars and zero cents).

1.5. Contract Amendment

If required for completion of the work, CalRecycle may amend the Agreement for additional time or funding through a formal written amendment executed by both CalRecycle and the Contractor.

Amendments must comply with EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS, and are subject to the limitations set forth in the State Contracting Manual (SCM), including but not limited to Sections 3.09 and 5.81. Contracts awarded based on a law requiring competitive bidding may only be amended if the law explicitly allows it and the amendment does not materially alter the original terms.

All amendments require the execution of a Std. 213A and, if applicable, approval by the Department of General Services (DGS).

1.6. 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.

1.7. Contract Term

The term of this Agreement will span approximately twenty-four (24) months and is expected to begin in January 2027. CalRecycle reserves the right to amend the term of this Contract as needs arise.

1.8. Process Type

Secondary Request for Proposal RFP (S)

1.9. Process Schedule

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

Schedule Due Date

Advertisement Date October 30, 2026

Proposer’s Conference November 6, 2026

Question Due by 5:00 pm November 16, 2026

Submittals Due by 2:00 pm December 16, 2026

Post Notice of Intent to Award January 5, 2027

Department of Resources Recycling and Recovery

2. RULES AND CONDITIONS

2.1. Introduction

There are conditions this RFP (S), submitting Proposers, Proposals and resulting Contract are subject to and/or with which they are required to comply.

2.2. Commitment

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

• All items noted in RFP (S) documents

• Special Terms and Conditions, which are viewable in EXHIBIT C: GENERAL TERMS AND

CONDITIONS

• 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 (S).

2.3. Conflict of Interest and Follow-On Contracts

Pursuant to PCC § 10365.5, a person, firm, or subsidiary awarded a consulting services contract is prohibited from submitting a proposal or being awarded a new contract for the goods or services suggested in the initial contract. This prohibition also applies to subcontractors that provide(d) more than 10% of the dollar value of a consulting services contract.

All proposers are required to disclose whether they, or any subcontractor they intend to use, are currently providing consulting services to CalRecycle, or have provided such services to CalRecycle within the five (5) years preceding the release of this solicitation.

2.4. 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 § 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 at the time the purchasing body tenders final payment to the Proposer.

(See Government Code § 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 treble damages, attributable to overcharges that were paid by the assignor but were not paid 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 § 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 § 4554.)

Department of Resources Recycling and Recovery

2.5. Contractor’s Cost

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

2.6. Public Records Act

All materials submitted in response to this RFP (S)will become the property of CalRecycle and, as such, are subject to the Public Records Act (Government Code § 7920.000 et seq.). CalRecycle will disregard any language purporting to render all or portions of the RFP (S)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 course of 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 course of the Agreement deemed confidential or trade secret(s) by the firm to the extent allowable by the California PRA and the PCC.

2.7. Written Questions

The RFP includes a formal question and answer period in which Proposers have the opportunity to submit questions regarding the RFP. Proposers may submit questions to CalRecycle’s Contracts Unit via email at Contracts@calrecycle.ca.gov. All inquiries must be received no later than November 16, 2026. Questions will not be accepted via any other method.

mailto:Contracts@calrecycle.ca.gov

Questions, suggestions, or objections regarding the content of this solicitation, including but not limited to the purpose, scope of work, etc., not submitted by the deadline for questions shall be deemed waived and may not be raised at a later time.

Oral communications with CalRecycle officers and employees shall be non-binding on the State and shall in no way exclude the Proposers of any obligations as set forth in this package. All questions or inquiries regarding this solicitation shall be submitted via email to CalRecycle’s Contracts Unit at Contracts@calrecycle.ca.gov. Emails should be clearly marked "Questions Relating to SOLICITATION DRR26039". CalRecycle will not accept written questions through the electronic bid system.

The questions and answers will be published in an Addendum to the RFP (S)(see below, Addenda).

2.8. Addenda

CalRecycle reserves the right to amend, alter, or change the rules and conditions of this RFP (S).

Any ambiguity, conflict, discrepancy, omission, or other error discovered in the RFP (S) should immediately be reported to CalRecycle prior to the deadline for submission of written questions.

CalRecycle will issue an addendum to address such issues. All addendums will be posted on CaleProcure at https://caleprocure.ca.gov/ and available on CalRecycle's webpage for this particular solicitation at www.calrecycle.ca.gov/contracts.

Any addendum that includes RFP (S) revisions will be made within the electronic bid system and a system-generated Summary of Changes document will be made available to all Proposers. The revisions will replace all prior versions of the RFP (S).

2.9. Modification of Submittals

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

mailto:Contracts@calrecycle.ca.gov https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://www.calrecycle.ca.gov/contracts

• Log in to the electronic bid system Vendor Submission Portal and make any necessary changes to required documents.

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

2.10. 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.

2.11. Upload of Submittals

All required documents must be submitted through the electronic bid system Vendor Submission Portal. The required documents are provided as a reference file or a link to download, complete, and then upload. The electronic bid system allows for multiple file uploads. For any issues with completing an upload, Proposers must reach out to the Vendor support team via email at support@authorium.com for assistance. CalRecycle is not aware of any file size restrictions.

CalRecycle will not accept submittals after the deadline. To allow for any technical complications, Proposers are encouraged to submit their bids well in advance of the deadline.

2.12. Unreliable List

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

2.13. Electronic Waste Recycling

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

mailto:support@authorium.com

2.14. 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 § 6452.1, 6487, 6487.3, 7101, and 18510 of the Revenue and Taxation Code, in addition to § 10295.1 of the Public Contract Code.

2.15. 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 § 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.

2.16. 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.

Advance Payments pursuant to Government Code § 11019.3

In accordance with Government Code § 11019.3, a Contractor that is either a federally recognized Indian tribe or a nonprofit organization as defined by Section 501(c)(3) of the Internal Revenue Code may request an advance payment of up to twenty-five percent (25%) of the contract amount to address minimum immediate cash requirements necessary to carry out the purpose of this Contract.

A Contractor seeking an advance payment is responsible for reviewing Government Code § 11019.3 in its entirety to ensure it can comply with all statutory obligations. If the Contractor determines it can meet all statutory criteria and elects to request an advance payment, the Contractor may submit a written request to the Contract Manager prior to execution of the contract.

Consistent with Government Code § 11019.3, CalRecycle will prioritize requests from Contractors serving disadvantaged, low-income, and under-resourced communities, and those with documented cash flow challenges.

2.17. 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).

2.18. Proposer's Conference

A mandatory Proposer's Conference will be held on the date indicated in the Section 1.9. Process Schedule via Zoom. Proposers must attend the entire meeting in order to be eligible to submit a proposal. Proposers are advised to register early. When registering, you must enter your full name and the firm you represent.

Use the link https://us02web.zoom.us/meeting/register/ANloA_7oQL2uEjheZIa-1g to register for “Study on the Availability of Postconsumer Recycled Plastic in the Market, DRR26039”. After registering, Proposers will receive a confirmation email containing information about joining the webinar.

The meeting will be active one (1) hour prior to the meeting's start time to allow attendees time to test their connection.

2.19. Generative Artificial Intelligence

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.

The firm 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

Department of Resources Recycling and Recovery 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.

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.

Upon notification by the firm 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.

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.

CalRecycle has developed ATTACHMENT 15: GENAI REPORTING & QUESTIONNAIRE (CALRECYCLE 76) to be completed and submitted by the firm with the Proposal package.

Department of Resources Recycling and Recovery

3. PROPOSAL SUBMITTAL REQUIREMENTS

3.1. 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.

3.2. Deadline

Proposal packages must be submitted through the electronic bid system. All submission requirements must be completed by the "Submittals Due" date in Section 1.7. Process Schedule.

Proposals will not be accepted after the deadline.

3.3. 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;

Department of Resources Recycling and Recovery

d. Name, title, address, telephone number, and e-mail address of individual(s) with authority to 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 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;

g. 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;

h. Statement acknowledging the receipt of all issued Addenda pertaining to this solicitation; and

i. Statement disclosing whether the proposer, or any subcontractor they intend to use, are currently providing consulting services to CalRecycle, or have provided such services to CalRecycle within the five (5) years preceding the release of this solicitation, if applicable.

3.4. Summary

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

3.5. Methodology

Proposals shall describe in detail how project objectives will be met and the methods the Contractor will use to achieve project objectives outlined in the EXHIBIT A: SCOPE OF WORK.

The methodology shall be described in sufficient detail to allow CalRecycle staff to evaluate the methods and shall address all tasks and items in the Scope of Work. Proposals should describe how

Department of Resources Recycling and Recovery the objectives will be met and the methods the contractor will use. The description should include not only what work will be performed, but how it will be performed.

The Proposer shall include the following in its submitted Proposal:

A. Details, including justification, on the structure and content of AB 793 and PRC Section 14547, minimum postconsumer recycled plastic content standards, and minimum postconsumer recycled plastic content standards reporting requirements to ensure the goals of the contract are met.

B. A Work Plan, that thoroughly communicates to CalRecycle how the Proposer shall execute each of the required tasks and meet the goals of the contract. The Work Plan shall describe the methods to be employed to accomplish the contract activities described in the EXHIBIT A:

SCOPE OF WORK in the Sample Standard Agreement in this document. The Work Plan may include new and innovative approaches or improve upon proven approaches used in similar studies. The Work Plan shall explain:

01. What new data will be collected, and evidence-based justification of how the collected data will help meet the goals of the contract.

02. What pre-existing data will be used, and evidence-based justification of how the data will help meet the goals of the contract.

03. How the newly collected data will be analyzed and aggregated with existing data to help formulate evidence-based assessment of the achievability of the current PCR plastic minimum content requirements.

C. The Contractor's Work Plan shall detail all tasks and deliverables (including reports; surveys;

presentations and/or dissemination of information to stakeholders) for each year of the study and how the Proposer shall ensure that the timeline will be followed.

D. The Work Plan shall include a timeline for all tasks and deliverables. CalRecycle will not pay Contractor’s Administration time for compilation of billing/invoicing or delivery of invoices.

E. The Work Plan shall include information regarding data collection methodology, including methods to ensure data quality.

F. The Work Plan shall identify the type, number, and method of engagement (i.e., site visits, interviews, surveys, etc.) with any entities to be completed by the Contractor to accomplish the identified tasks, including but not limited to beverage industry stakeholders such as beverage manufacturers and beverage container manufacturers, processors, manufacturers of

Department of Resources Recycling and Recovery postconsumer recycled plastic content standards, plastic material reclaimers, plastic associations, and other industry experts.

G. The Work Plan shall identify the contents that will be included in the annual reports documenting the results of each study conducted and how recommendations to CalRecycle regarding the adjustment of the minimum PCR plastic content requirement will be presented.

H. The Work Plan shall develop a Data Governance Protocol to ensure accuracy and confidentiality of all privileged, confidential, commercial, or financial information, business trade secrets and proprietary data specific to individual companies.

a. The Data Governance Protocol shall include all steps and software to be utilized to ensure accuracy and confidentiality of data gathered from the research conducted.

In addition to the methodologies above, the submitted Proposal shall demonstrate an understanding of the current system of recycling, reclaiming, and distributing reclaimed materials to beverage container manufacturers by describing:

A. How recycled material flows from consumers through recyclers, processors, reclaimers, container manufacturers, and beverage manufacturers.

B. Sources of reclaimed food-grade plastic (domestic and international) currently available to beverage container manufacturers.

C. Sources of demand for reclaimed food-grade plastic (domestic and international).

D. The number of beverage container manufacturers (domestic and international).

E. Existing minimum content standard laws in California and existing or proposed laws governing minimum post-consumer content levels in other states.

F. Distinctly describe a clear, specific, and sound methodology for how data will be analyzed and how a recommendation to CalRecycle will be formulated.

Other factors to describe in your methodology:

A. How will your firm ensure the validity of data used?

B. How will your firm ensure confidentiality of data gathered and those who provided the data?

C. How will your firm address incomplete or missing data?

D. How will your firm ensure that your conclusions, recommendations, and alternatives to inform

CalRecycle are supported by evidence?

E. How will your firm ensure timely submission of reports and plans consistent with the Work Plan schedule?

3.6. Organization

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

• Date of establishment

• History

• Location

• Any known conflicts of interest

3.7. Qualifications and Resources

The prospective Contractor shall have the experience, qualifications, and resources to perform the required tasks of the project. The Contractor shall:

1. A seasoned (i.e., 3–5 years of experience performing research) researcher with the experience, expertise, and in-depth knowledge of the system of recycling, reclaiming, and distribution of reclaimed materials to beverage container manufacturers and industry of the postconsumer recycled plastic content standards market would be best suited to collect information on the recycling and processing activities that impact the availability of PCR plastic.

2. Demonstrate their expertise and knowledge to determine the availability of PCR plastic needed to achieve the PCR plastic minimum content standard, which may be affected by factors such as the availability of material markets (international and local), impacts of economic growth or decline, and industry practices.

3. Demonstrate the tools, skills and capabilities necessary to provide accurate, current data that supports data-driven, science-based decision-making; monitor, analyze, and assess the changes in the plastic market; and provide recommendations for policy and program directions accordingly.

The Proposal shall 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 Proposal shall include resumes for the Project Manager, Personnel and Subcontractors, that include:

• Experience

• Knowledge

Department of Resources Recycling and Recovery

• Educational Background

3.8. References

The Proposer’s team shall 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.

3.9. Samples of Written Work

The Proposer’s team shall include a copy of verifiable written work that is similar in nature to the proposed project and deliverables. CalRecycle must be able to reasonably confirm the authenticity, origin, and relevance of each sample of written work. Submitted work should be clearly attributable to the Proposer and capable of being substantiated. At least one example must demonstrate the following:

1. Comprehensive understanding of the collection, compilation, and data analysis related to international and domestic plastic recycling programs and markets for reclaimed plastic resins generated by the recycling infrastructure.

3.10. 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 written declaration may be included in the cover letter.

3.11. Licenses

The Contractor 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.

• A Sole Proprietorship or General Partnership that is not registered with the Secretary of State must provide at least one of the following documents:

◦ Copy of Fictitious Business name registration issued by the county where a business operates

◦ A FEIN confirmation letter from the IRS confirming your business's Employer Identification Number (EIN), also known as a Federal Tax Identification Number (FEIN)

◦ Proof of Business Insurance

◦ Proof of registration with the Employment Development Department (EDD)

◦ Invoice or contract on company letterhead demonstrating recent business activity

◦ Proof of registration from the city, county or other local government entity in which the principal place of business is located.

◦ A copy of the Proposer’s SB/DVBE certification issued by DGS, OSDS.

• 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.

3.12. 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 6. DEFINITION AND TERMS, the ATTACHMENT 9: BIDDER DECLARATION shall be completed and submitted with the Proposal.

• If the Proposer has identified Subcontractors to be utilized to meet this goal, the ATTACHMENT 9: BIDDER DECLARATION 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).

3.13. 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 twenty-five percent (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 § 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 proposal 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 OSDS at Certification@dgs.ca.gov and/or

(916) 375-4940. In no event shall the SB preference or non-SB subcontracting preference exceed $50,000.00 in any single proposal.

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.

mailto:Certification@dgs.ca.gov

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 sixty (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 ATTACHMENT 1: SMALL BUSINESS (SB) SUBCONTRACTOR PAYMENT CERTIFICATION form to fulfill this requirement.

3.14. 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 6. DEFINITION AND TERMS, the ATTACHMENT 9: BIDDER DECLARATION shall be completed and submitted with the Proposal.

• If the Proposer has identified Subcontractors to be utilized to meet this goal, the ATTACHMENT 9: BIDDER DECLARATION shall be completed and submitted with the Proposal.

• Proposers claiming the DVBE incentive must complete and return the ATTACHMENT 2:

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS (DGS PD 843).

After being awarded, Contractor shall use the DVBE subcontractors or suppliers proposed in the proposal to the State unless a substitution is requested and approved. Contractor shall request the substitution in writing to CalRecycle and receive approval from both 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

Department of Resources Recycling and Recovery that impact the DVBE subcontractor(s) identified in the proposal 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 ATTACHMENT 3: DISABLED VETERAN BUSINESS SUBCONTRACTOR PAYMENT CERTIFICATION (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).

3.15. 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 three percent (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 proposal 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 proposal price

Department of Resources Recycling and Recovery 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 proposal 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 proposal price (as specified in the solicitation) per subcontractor. Use the ATTACHMENT 9:

BIDDER DECLARATION to report this information.

Questions regarding certification should be directed to OSDS at Certification@dgs.ca.gov and/or

(916) 375-4940.

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

CalRecycle will apply the incentive as follows:

For an award based on high score, the incentive is applied by calculating the "earned" score for all proposers. 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…