DSD24-1824_RFO_-_Section_I.pdf

DMV RFO DSD24-1824

Section I, General Information

DEPARTMENT OF MOTOR VEHICLES

ADMINISTRATIVE SERVICES DIVISION

P.O. BOX 932382

SACRAMENTO, CA 94232-3820

DATE: October 7, 2024

TO: Interested Vendors

SUBJECT: Request for Offer (RFO) # DSD24-1824

The Department of Motor Vehicles (DMV) seeks a contractor to provide Totara E-Learning maintenance and operations support described in Section II, Exhibit A, Statement of Work (SOW).

Please read the enclosed RFO carefully. It is comprised of two sections:

Section I - General Information:

Attachment A Cost Data Sheet Attachment C Confidentiality Statements Attachment D Bidder Declaration Form Attachment E DMV Acceptable Use Statement Attachment F California Civil Rights Law Certification Attachment G Iran Contracting Act Certification Attachment H Payee Data Record, Std 204 Attachment I CA Secretary of State/Fictitious Name Filing Attachment J Disabled Veteran Business Enterprise Declarations Attachment K Generative Artificial Intelligence (GenAI) Disclosure and Fact Sheet

Section II - Statement of Work:

Exhibit A Statement of Work Exhibit B Deliverable Acceptance Document Exhibit C Personnel Change Order Exhibit D Cost Data Sheet Exhibit E Confidentiality Statements Exhibit F DMV Acceptable Use Statement Exhibit G Information Security and Privacy Provisions (4/2022)

Responses to this RFO must be submitted as a sealed bid and clearly labeled to the DMV IT Acquisitions contact noted below:

DMV IT ACQUISITIONS CONTACT: Kris Williams Department of Motor Vehicles, IT Acquisitions Unit

2485 First Ave. Sacramento CA 95818 MS: E-112 phone: (916) 818-2825 | Kris.Williams@dmv.ca.gov

Late offers will not be considered. Offers will not be considered if mailed to any entity or individual other than the DMV IT Acquisitions Contact above.

A. Vendor Personnel

Vendor personnel proposed to meet the requirement of this RFO must be available to begin work no later than the Anticipated Contract Start date listed in Section B, Key Action Dates.

B. Key Action Dates Listed below are the dates and times by which the actions must be taken or completed to respond to this RFO. If the DMV finds it necessary to change any of these dates, it will be accomplished via an addendum to this RFO*.

Action Completion Date/Time

1. Release RFO # DSD24-1824 October 7, 2024

2. Submission of written questions October 11 @ 10:00

AM (PDT)

3. DMV response to written questions October 14 @ 3:00

PM (PDT)

4. Submission of Offer October 21, 2024 @

10:00 AM (PDT)

5. Anticipated Contract Start* October 28, 2024

*NOTE: ALL DATES AFTER THE SUBMISSION OF OFFER DEADLINE (#4 IN THE KEY ACTION DATES

TABLE) ARE APPROXIMATE AND MAY BE CHANGED IF NEEDED TO ALLOW THE DMV

ADDITIONAL TIME FOR REVIEW AND CONTRACT EXECUTION, WITHOUT ADDENDUM TO THIS

RFO.

C. Term of Contract The base term of the contract shall be 1year(s). The contract shall include 2 one year optional extensions. The budgetary amount is $144,000.00.

It is understood that no funds sufficient for the purpose of this order have been appropriated until such time as the budget for each fiscal year covered by the agreement has been adopted by the Legislature and signed by the Governor.

D. Irrevocable Offer Acknowledgement A Vendor’s final offer in response to this RFO shall constitute a firm offer, which shall remain irrevocable for not less than ninety (90) calendar days following the date offers are due specified in the Key Dates section. In the event of a delay in contract award, a Vendor may extend the expiration date of its firm offer an additional thirty (30) calendar days by written notice to the State.

This expiration date may be further extended by mutual agreement in writing between the state and the Vendor, in order to accommodate processing time for required approvals and other procurement-related reviews. The State’s execution of a contract from this RFO will not be considered a rejection of any unsuccessful Vendor’s firm offer, which such other firm offers shall remain irrevocable for the period described above.

By submitting an offer for this RFO, the Vendor commits to adhering to this Irrevocable Offer Acknowledgement.

E. Questions All questions regarding the content of this RFO must be submitted via email to the DMV IT Acquisitions Contact listed on the first page of this RFO. At its discretion, the DMV may contact a Vendor to seek clarification of any questions received.

All questions must be received by the Key Action Date (#2) identified in Section B. Any questions received by the DMV after this Key Action Date shall be answered at the DMV’s option. When the DMV has completed its review of the questions, all questions and answers will be emailed to Vendors who were provided this RFO.

F. Vendor’s Offer Submittal Content The Vendor must submit its offer to this RFO with the documents submitted in the order provided below. The following items must be complete and contained in the Vendor’s offer, unless otherwise specified:

1. Cover letter The cover letter must include the following:

(a) A description of the firm/company,

(b) The signature of an individual authorized to enter into agreements for the Vendor,

(c) State the following:

i. The name of this RFO,

ii. Agreement with the requirements of this RFO, including Section II, Exhibit A – Statement of Work,

iii. Understanding of the project,

iv. The name, phone number, and email address of the Contractor Official to be listed in Exhibit A – Statement of Work.

2. Cost Data Sheet (Attachment A) Attachment A must identify all of the costs necessary for meeting the requirements contained in RFO Section II, Exhibit A – Statement of Work.

3. Confidentiality Statements (Attachment B) The Vendor must agree to the State’s confidentiality requirements by submitting a signed Attachment B: Confidentiality Statements, for the Vendor’s company and personnel, agents and subcontractors.

The Vendor engaging in services pertaining to this RFO, which requires contact with confidential State information or State customer information will be required to exercise security precautions for all such data that is made available and must accept full legal responsibility for the protection of this confidential information. This includes all statistical, personal, technical, and/or other confidential personal data and information relating to the State’s operations that are designated confidential by the State.

The Vendor will also be required, if awarded the proposed contract, to submit a signed confidentiality statement from all personnel, agents, and subcontractors assigned to the awarded Contract.

4. Bidder Declaration Form (Attachment C) Attachment C, Bidder Declaration GSPD-05-105, must be completed even if no subcontractors are being submitted. When completing the declaration, Vendors must identify all subcontractors proposed to participate in the contract and a description of the product and/or services the subcontractor will provide in the proposed contract. Vendors awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the DMV agrees to a substitution, and it is incorporated by amendment to the contract. Vendors shall not propose to subcontract 100% of the tasks of Section II, Exhibit A – Statement of Work.

5. DMV Acceptable Use Statement (Attachment D) Attachment D must be signed and submitted on behalf of the company in the Vendor’s response.

In addition, if selected, all proposed contractor staff must complete security training and sign the DMV’s Acceptable Use Statement (DMV 350) before beginning work and annually thereafter.

6. California Civil Rights Certification (Attachment E) If the value in Attachment A, Cost Data Sheet, is equal to or exceeds $100,000 then Attachment E must be signed and submitted on behalf of the company in the Vendor’s response. If the value from Attachment A is less than $100,000, then this form is not required.

Pursuant to Public Contract Code section 2010, if a Vendor executes or renews a contract over $100,000 on or after January 1, 2017, the Vendor hereby certifies compliance with the following:

a) CALIFORNIA CIVIL RIGHTS LAWS:

For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

b) EMPLOYER DISCRIMINATORY POLICIES:

For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

7. Iran Contracting Act Certification (Attachment F) If the value in Attachment A, Cost Data Sheet, is equal to $1 million or more then Attachment F must be signed and submitted on behalf of the company in the Vendor’s response. If the value from Attachment A is less than $1 million, then this form is not required.

For contracts at $1 million or more, the Vendor must furnish to the State a certificate stating that, if awarded the Agreement, the Vendor either (a) is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC section 2203(b) and is not a financial institution extending $20,000,000 or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by the DGS, or (b) demonstrates it has been exempted from the certification requirement for that solicitation or agreement pursuant to PCC section 2203(c) or (d).

8. Payee Data Record, Std 204 (Attachment G)

Vendor must provide a Payee Data Record, Std 204.

9. CA Secretary of State/Fictitious Name Filing (Attachment H)

At the time the offer is due, a copy of the Vendor’s current California Secretary of State’s listing or Fictitious Business Name listing, if applicable, must be included in the response.

If your company is a Corporation, a Limited Liability Company (LLC), a Limited Liability Partnership (LLP), or a Limited Partnership (LP), you must be registered with the California Secretary of State (SOS) to be awarded a contract. For Corps, LLCs, and LPs, a screen print from the SOS website showing your status as active will meet this requirement. For LLPs, a copy of your Certificate of Status from the SOS is required. The contact information for the SOS is Online Business Services | California Secretary of State. If your company is a Sole Proprietor or a Partnership, registration with the SOS is not required.

Fictitious business name Companies “doing business as” (dba) a different name than as registered with the California Secretary of State, must include a valid Fictitious Business Name Statement with their offer. This statement is filed with the California County in which your firm conducts business and is valid for five years from the date it was filed in the office of the County Clerk. When a company has no place of business in California, they shall file with the County Clerk of Sacramento County at https://actonline.saccounty.net/CitizenAccess/SACCO_FBNSearch.aspx

10. Disabled Veteran Business Enterprise (DVBE) Declarations (Attachment I) The Disabled Veteran Business Enterprise Declarations form (Std. 843) must be completed by the Vendor if they are a California certified DVBE. The Std 843 must also be completed and returned for any California certified DVBE subcontractors. The form is available at this link: STD. 843 (Rev.

11/2005) (ca.gov)

11. GenAI Disclosure and Fact Sheet (Attachment J)

Per broadcast bulletin P-05-24, 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.

Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI including, GenAI from third parties or subcontractors. The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Contractor. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result disqualification of the Contractor. Failure to report GenAI to the State may void the resulting contract. The State reserves its right to seek any and all relief to which it may be entitled to as a result of such nondisclosure. Upon receipt of a Contractor GenAI Reporting and Factsheet (STD 1000), the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject offers that present an unacceptable level of risk to the State.

G. Federal Motor Carrier Safety Administration Non-Discrimination Safety Assurance Signature on the Cover Letter and submission of offer acknowledges acceptance and compliance with the Department of Transportation Federal Motor Carrier Safety Administration Non-Discrimination Assurances available at the following:

https://www.dmv.ca.gov/portal/file/fmcsa-appendix-a-and-e-pdf/

The CA DMV, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Vendors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit offers in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, age, disability, income-level, or Limited English Proficiency in consideration for an award.

H. Exclusion for Conflict of Interest

1. No consultant shall be paid out of State funds for developing recommendations on the acquisition of information technology (IT) products or services or assisting in the preparation of the project approval lifecycle documents (California Department of Technology Project Approval Lifecycles Stages 2, 3, or 4) or feasibility study, while in effect, if that consultant is to be a source of such acquisition or could otherwise directly and/or materially benefit from State adoption of such recommendations or the course of action recommended in the project approval lifecycle documents (California Department of Technology Project Approval Lifecycles Stages 2, 3, or 4) or feasibility study.

2. No consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus IT products if that consultant would directly and/or materially benefit from State adoption of such recommendations. The Project Approval Lifecycle is described at the following website: https://cdt.ca.gov/policy/simm-19/.

3. No consultant shall be eligible to serve as the Prime Contractor or subcontractor pursuant to this RFO, if the Contractor/subcontractor is currently working on the DMV project in an Independent Verification and Validation (IV & V) role.

4. No Vendor will be eligible for award of this RFO if providing the desired services would create a conflict of interest, (e.g. under the Political Reform Act, Gov. Code §81000 et seq.) or if the consultant for whom this contract would be a “follow-on” contract prohibited by Public Contract Code section 10430 and enforced by contract in DGSPD-401IT.

5. No person, firm, or subsidiary thereof, who has been awarded a consulting services contract, or a contract which includes a consulting component, will be awarded a contract for the provision of services, delivery of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the consulting services contract. Therefore, any consultant who contracts with the State to develop and provide formal recommendations for the acquisition of IT products or services is precluded from contracting for any work recommended in the formal recommendation.

6. For additional information on determining whether a conflict exists, or whether participation in this Agreement would preclude participation in future DMV opportunities, refer to State Administrative Manual Management Memorandum 07-04 at:

https://www.dgs.ca.gov/Resources/ManagementMemos#@ViewBag.Ju mpTo.

7. Rules and guidance to conflict of interest is governed by the Political Reform Act is set forth in title 2 of the California Code of Regulations, section 18700. For more information on conflict of interest go to http://www.fppc.ca.gov or seek legal advice.

I. Disclosure of Financial Interests Offers in response to State procurements for assistance in the preparation of feasibility studies, the development of recommendations for the acquisition of IT goods and services, or assisting in the preparation of the project approval lifecycle documents (California Department of Technology Project Approval Lifecycles Stages 2, 3, or 4) must disclose any financial interests (i.e., service contracts, OEM agreements, remarketing agreements, etc.) that may foreseeably allow the individual or organization submitting the offer to materially benefit from the State's adoption of a course of action recommended in the feasibility study or of the acquisition recommendations.

Failure to disclose a relevant financial interest on the part of a consultant will be deemed grounds for termination of the contract with all associated costs to be borne by the consultant and, in addition, the consultant may be excluded from participating in State’s future procurement processes.

DMV may determine that some or all of the staff provided by the contractor under this agreement will be making or participating in making decisions which may foreseeably have a material effect on their financial interests;

and, therefore are subject to the disclosure of financial interests and conflict of interest provisions of section 87302 of the Government Code. A person whose position has been identified as reporting under section 87302 of the Government Code must self-disqualify from making, participating in making, or using the person’s position to influence the making of a decision when the person has a financial interest as defined in section 87103 of the Government Code for which it is reasonably foreseeable that the interest may be affected materially by the decision.

J. Ethics Orientation Training Requirement

Article 12 (commencing with section 11146) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code requires that all consultants in designated conflict of interest (COI) positions attend ethics orientation training within six (6) months of becoming a filer, and at least once during every consecutive period of two (2) calendar years commencing on the first odd-numbered year thereafter. The purpose of the orientation is to familiarize consultants with California's ethics policies in order to help avoid conflict of interest situations. No compensation for completion of the Ethics training or related expenses may be included in this final offer.

K. General Requirements

1. When a subcontractor ultimately provides all of the products or performs all of the services that a contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor’s role becomes that of a fiscal agent because it is merely administrative in nature, and does not provide a Commercially Useful Function (CUF). It is unacceptable to use fiscal agents in this manner because the State is paying unnecessary administrative costs. Failure to comply with this requirement may cause an awarded contract to be terminated.

2. The DMV may modify any part of this RFO, by issuance of one (1) or more addenda. Addenda will be numbered consecutively and sent to the established Vendor list for this RFO. The DMV reserves the right to reject all offers and/or cancel this procurement at any time.

3. If a Vendor discovers any ambiguity, conflict, discrepancy, omission or any other error in this RFO, the Vendor should immediately provide written notice to the DMV of such error and request clarification or modification of the affected document. Vendors requiring clarification of the intent and content of this RFO may request clarification by submitting questions electronically to the DMV IT Acquisitions Contact listed on the first page of this RFO. Vendors that fail to report a known or suspected problem with the RFO or fail to seek clarification and/or correction of the RFO submit an offer at their own risk.

4. All costs for developing offers are entirely the responsibility of the Vendor and shall not be chargeable to the DMV.

5. All documents submitted in response to this RFO will become property of the State of California and may be subject to the California Public Records Act (Government Code section 6250 et seq.). This includes any contact information within the documents, including that of references. Additionally, to the extent that a Vendor believes its offer contains trade secret or proprietary information intended to be confidential, it is the Vendor’s responsibility to identify and redact such information. A separate redacted copy of the Vendor’s offer must be submitted along with the original unredacted offer, and it will be the Vendor’s responsibility to defend any redactions should a requester dispute them under the Public Records Act. In the absence of a pre-redacted offer, the DMV will treat the entire Vendor offer as a public record, excepting any information the DMV is required to redact under California law.

6. This RFO document and the Vendor’s offer, by reference, may be made part of the awarded contract resulting from the RFO. At its option, the DMV may choose to accept all or part of the Vendor’s offer.

7. A Vendor’s offer may be rejected if it is conditional or incomplete, contradicts the requirements, contains any alterations of form, or contains other irregularities of any kind, including alterations to any terms and conditions.

8. The State may request clarifications from Vendors at any phase of the assessment and selection process for the purpose of clarifying ambiguities in the information presented in the offer. The State will provide written notice to the Vendor(s) of the documentation required and the timeline for submission. Failure to submit the required documentation by the date and time indicated will cause the State to deem the RFO offer non-responsive and/or the Vendor non-responsible, and ineligible to achieve contract award.

9. The Vendors that are Small Businesses (SB) and/or Disabled Veteran Business Enterprises (DVBE) should provide and include an SB/DVBE Certification with their offer. The State will verify that SB/DVBE certifications are valid at the time the offer is due. In accordance with California Government Code (GC) section 14837(d) and California Military and Veterans Code section 999, all SB and DVBE contractors, subcontractors, and suppliers that provide an offer or participate in a State agreement, regardless of being an oral or written solicitation, shall perform a Commercially Useful Function (CUF).

10. Vendors are advised that deviations from the State approved General Provisions may be grounds for rejection of the offer.

11. Issuance of this RFO in no way constitutes a commitment by the State to award an Agreement. The State reserves the right to reject any or all offers received if the State determines that it is in the State’s best interest to do so. The State shall reject any offer that is conditional and may reject an offer that is incomplete. Assumptions made by the Vendor in responding to this RFO do not obligate the State. Additionally, assumptions may make the offer conditional and cause the offer to be rejected. Offers to this RFO will be assessed based on determining the “best value” and the selection, if made, will be to a single Vendor.

L. RFO Best Value Response Assessment and Selection Process The DMV’s RFO offer assessment team (Assessment Team) will review and assess offers in accordance with the Assessment and Selection Criteria. Offers will be assessed using a combination of Pass/Fail and numerically scored criteria. The following table is a summary of the assessment factors:

ASSESSMENT AND SELECTION CRITERIA

# Item Rating

A. ADMINISTRATIVE ASSESSMENT CRITERIA – Document(s) received? Yes=Pass; No=Fail

One hard copy of Vendor’s offer in Microsoft Word 2019 and Excel 2019 (or later) as appropriate, or compatible, A PDF format submission is also acceptable.

___Pass

___Fail

Cover Letter, including the following:

a. Signature of individual authorized to enter into agreements for

Vendor.

b. The name of the RFO, agreement with the requirements in this

RFO and Exhibit A, Statement of Work, and an understanding of the project.

c. Name, phone number and email address of the Contractor Official to be listed in Section II, Exhibit A – Statement of Work.

d. A description of the firm/company.

___Pass

___Fail

Cost Data Sheet (Attachment A) ___Pass

___Fail

Confidentiality Statement (Attachment B) ___Pass

___Fail

Bidder Declaration Form (Attachment C) ___Pass

___Fail

DMV Acceptable Use Statement (Attachment D) ___Pass

___Fail

California Civil Rights Law Certification (Attachment E) (submit only if the response is $100,000 or more)

___Pass

___Fail

___N/A

Iran Contracting Act Certification (Attachment F) (submit only if response is $1 million or more)

___Pass

___Fail

___N/A

Payee Data Record, Std 204 (Attachment G) ___Pass

___Fail

CA Secretary of State/Fictitious Name Filing (Attachment H) ___Pass

___Fail

Disabled Veterans Business Enterprise Declarations (Attachment I) (only submit if Vendor or their subcontractor is a CA certified DVBE)

___Pass

___Fail

___N/A

GenAI Disclosure and Fact Sheet (Attachment J) ___Pass

___Fail

B. TECHNICAL ASSESSMENT CRITERIA – Assessment will be Pass/Fail or Points as listed in Rating column

Rating

9 Interview (Optional) 500 Points

C. COST ASSESSMENT CRITERIA Rating

1 Cost Data Sheet (Attachment B) 150 Points

Total Available Points: 650 Points

1. Administrative Assessment The DMV IT Acquisitions Analyst will review the Vendor's offer to ensure the submission and completion of the required forms and documents, and in the quantities requested. The Administrative Assessment will be assessed on a Pass/Fail basis. In order to move to the Technical Assessment, the Vendor's offer must achieve a passing score (Pass) on each form and/or document submitted. If a Vendor's offer does not pass the Administrative Assessment, it will be rejected.

2. Technical Assessment

a. Interview (Optional):

DMV may conduct Interviews with the top 2 Vendors that received a passing score for all pass/fail components. Interviews will not be conducted with Vendors that received a “fail” for any of the pass/fail components. A maximum of 500 points may be awarded for the interview component.

a. For interviews:

1. The DMV requires the proposed staff identified in the offer to be present and participate in the interview.

2. Interview questions will relate to this RFO SOW, the proposed staff’s ability to perform the required services, their experience, and/or their knowledge/skills relative to the RFO SOW.

3. A total of five (5) interview questions will be asked.

4. The Assessment Team will assign a score of zero (0) through 100 for each interview question with a total possible Interview Score of 500 points.

b. Interview score values are defined as follows:

Score Criteria

100 Excellent: Answer was complete and detailed. Displayed an in-depth understanding of subject.

50 Good: Answer indicated a good understanding of the subject.

25 Fair: Answer expressed average information and understanding of the subject. Demonstrated an ability to perform fairly in the subject

5 Poor: Answer partially addressed the question(s). Demonstrated little or marginal understanding of the subject.

No Value: Answer was unclear or was not responsive to the question(s) asked. Indicated a lack of familiarity with the subject matter.

c. The following Interview Scoring Table is an example only.

Vendor’s

Name Question

#1 Question

#2 Question

#3 Question

#4 Question

#5

Interview Score

(SUM

Q1 – Q5) A 100 50 50 100 100 300 B 50 50 100 25 50 275 C 0 25 100 0 50 175

3. Cost Assessment

The Cost Data Sheet (Attachment A) will be validated to verify completeness and mathematical accuracy. After costs worksheets have been verified for accuracy, the Vendor with the lowest proposed total cost will receive the maximum score of 150 points. All other Vendors will receive a proportionally lower score using the ratio of the lowest proposed total cost to the Vendor’s proposed total cost applied to the maximum points of 150, as shown in the Vendor cost score formula below:

Vendor Cost Score Formula

(Lowest proposed total cost) X 150 points = Vendor cost score

(Vendor’s proposed total cost)

4. Final Scoring

The Assessment Team will discuss and score each offer by group consensus and document the results for all Vendors in the RFO comparison document.

5. Contract Award Award of Contract, if made, will be based on best value to the responsible Vendor whose Final Offer complies with all the requirements of this RFO and any addenda thereto, and whose offer achieves the highest number of total points for Cost and Interview if invoked.

DMV RFO DSD24-1824

Section I, General Information

ATTACHMENT A: COST DATA SHEET

Table 1 identifies the monthly rate for providing Totara Learn (unlimited) maintenance and operations services as outlined in Exhibit A, Statement of Work. Project costs related to items such as travel, per diem and travel time to the designated base of operation for the engagement are costs to be included within the Contractor rates. DMV shall not pay for such costs as a separate item.

DMV cannot pay hourly overages that were not budgeted for this maintenance and operation services contract.

Table 1

Task / Deliverable Monthly Rate

Total (Monthly

Rate X 12) Totara Learn (unlimited) Maintenance and Operations Services for eLearning Solution for Year 1.

Contractor to provide access to a remote technical staff to provide up to 80 hours per month of technical consultation and/or training around the Totara platform and infrastructure support and consulting. Contractor to provide a weekly meeting with an assigned Lead to review open requests and assistance required.

Totara Learn (unlimited) Maintenance and Operations Services for eLearning Solution for Optional Year 2. Contractor to provide access to a remote technical staff to provide up to 80 hours per month of technical consultation and/or training around the Totara platform and infrastructure support and consulting. Contractor to provide a weekly meeting with an assigned Lead to review open requests and assistance required.

Totara Learn (unlimited) Maintenance and Operations Services for eLearning Solution for Optional Year 3. Contractor to provide access to a remote technical staff to provide up to 80 hours per month of technical consultation and/or training around the Totara platform and infrastructure support and consulting. Contractor to provide a weekly meeting with an assigned Lead to review open requests and assistance required.

Table 1 Total

NOTE: CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED.

ATTACHMENT B –CONFIDENTIALITY STATEMENTS

Confidentiality Statement for Vendor

As an authorized representative or corporate officer of the company named below, I have the authority to bind the company contractually, and I agree that all persons employed by this company will adhere to the following policy:

All information belonging to the California Department of Motor Vehicles (DMV) is considered sensitive and confidential and cannot be disclosed to any person or entity that is not directly approved to participate in the work required to execute this Agreement.

I certify that I will keep all project information including (but not limited to) information concerning the planning, processes, development or procedures of the project, and all communication with DMV or its affiliates related to any procurement process, confidential and secure. I will not copy, give or otherwise disclose such information to any other person unless DMV has on file a Confidentiality Statement signed by the other person(s), and the disclosure is authorized and necessary for the project. I understand that the information to be kept confidential includes, but is not limited to, specifications, administrative requirements, terms and conditions, concepts and discussions, as well as written and electronic materials. I further understand that if I leave this project before it ends, I must still keep all project information confidential. I agree to follow any instructions provided by the project relating to the confidentiality of project information.

I fully understand that any unauthorized disclosure I make may be basis for civil and/or criminal penalties. I agree to advise the DMV Contract Manager immediately in the event of an unauthorized disclosure, inappropriate access, misuse, theft or loss of data.

I warrant that if my company is awarded the Contract, it will not enter into any agreements or discussions with a third party concerning such materials prior to receiving written confirmation from the DMV that such third party has an agreement with the DMV similar in nature to this one.

All materials provided for this Project, except where explicitly stated will be promptly returned or destroyed, as instructed by an authorized DMV representative. If the materials are destroyed and not returned, a letter attesting to their complete destruction, which documents the destruction procedures, must be sent to the DMV Contract Manager before payment can be made for services rendered. In addition, all copies or derivations, including any working or archival backups of the information, will be physically and/or electronically destroyed within ten (10) calendar days immediately following either the end of the Contract period or the final payment, as determined by the DMV.

All personnel assigned to this project shall be provided a Confidentiality Statement and will be expected to sign and return it to the DMV’s Contract Manager before beginning work on this project.

Representative Name: Title:

Phone Number:

Company Name:

Address:

City/State/Zip Code:

Signature:

Date:

ATTACHMENT B –CONFIDENTIALITY STATEMENTS (continued)

Confidentiality Statement for Personnel

As an authorized representative of the company named below, I agree to adhere to the following policy:

All information belonging to the California Department of Motor Vehicles (DMV) is considered sensitive and confidential and cannot be disclosed to any person or entity that is not directly approved to participate in the work required for this Contract.

I certify that I will keep all project information including (but not limited to) information concerning the planning, processes, development or procedures of the project, and all communication with DMV or its affiliates, confidential and secure. I will not copy, give or otherwise disclose such information to any other person unless DMV has on file a Confidentiality Statement signed by the other person(s), and the disclosure is authorized and necessary for the project. I understand that the information to be kept confidential includes, but is not limited to, specifications, administrative requirements, terms and conditions, concepts and discussions, as well as written and electronic materials. I further understand that if I leave this project before it ends, I must still keep all project information confidential. I agree to follow any instructions provided by the project relating to the confidentiality of project information.

I fully understand that any unauthorized disclosure I make may be basis for civil and/or criminal penalties. I agree to advise the DMV Contract Manager immediately in the event of an unauthorized disclosure, inappropriate access, misuse, theft or loss of data.

All materials provided for this Project, except where explicitly stated will be promptly returned or destroyed, as instructed by an authorized DMV representative. If the materials are destroyed and not returned, a letter attesting to their complete destruction, which documents the destruction procedures, must be sent to the DMV Contract Manager before payment can be made for services rendered. In addition, all copies or derivations, including any working or archival backups of the information, will be physically and/or electronically destroyed within ten (10) calendar days immediately following either the end of the Contract period or the final payment, as determined by the DMV.

Representative Name: Title:

Phone Number:

Company Name:

Address:

City/State/Zip Code:

Signature:

Date:

ATTACHMENT C – BIDDER DECLARATION FORM

All Vendors must complete the Bidder Declaration GSPD-05-105, available at the web link below, and include it with the offer:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

ATTACHMENT D – ACCEPTABLE USE STATEMENT PAGE 1

ATTACHMENT D – ACCEPTABLE USE STATEMENT PAGE 2

ATTACHMENT E – CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION

Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION

I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

ATTACHMENT F – IRAN CONTRACTING ACT CERTIFICATION

(PCC sections 2202-2208)

Prior to bidding on, submitting a proposal, or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a Vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS, or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC section 2203(c) or (d).

To comply with this requirement, the Vendor must insert its financial institution name and Federal Identification Number (if available) and complete one of the options below. Please note:

California law established penalties for providing false certifications, including civil penalties equal to the greater of two hundred and fifty thousand dollars ($250,000) or twice the amount of the contract for which the false certification was made, contract termination, and three-year ineligibility to bid on contracts. (PCC section 2205.)

OPTION #1 - CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the Vendor/financial institution identified below, and the Vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/Vendor, for 45 days or more, if that other person/Vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by the DGS.

Vendor Name/Financial Institution (Printed) Federal ID Number(or n/a)

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in

OPTION #2 – EXEMPTION

Pursuant to PCC sections 2203(c) and (d), a public entity may permit a Vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If a Vendor has obtained an exemption from the certification requirement under the Iran Contracting Act, fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)

By (Authorized Signature)

Printed Name and Title of Person Signing Date Executed

ATTACHMENT G – PAYEE DATA RECORD (STD 204)

Complete and return the Payee Data Record (Std 204) as Attachment G.

The Std 204 is located at this link: STD 204 - Payee Data Record (ca.gov)

ATTACHMENT H - CA SECRETARY OF STATE/FICTITIOUS NAME FILING

At the time the offer is due, a copy of the Vendor’s current California Secretary of State’s listing or Fictitious Business Name listing, if applicable, must be included in the response.

If your company is a Corporation, a Limited Liability Company (LLC), a Limited Liability Partnership (LLP), or a Limited Partnership (LP), you must be registered with the California Secretary of State (SOS) to be awarded a contract. For Corps, LLCs, and LPs, a screen print from the SOS website showing your status as active will meet this requirement. For LLPs, a copy of your Certificate of Status from the SOS is required. The contact information for the SOS is Online Business Services | California Secretary of State. If your company is a Sole Proprietor or a Partnership, registration with the SOS is not required.

Fictitious business name Companies “doing business as” (dba) a different name than as registered with the California Secretary of State, must include a valid Fictitious Business Name Statement with their offer. This statement is filed with the California County in which your firm conducts business and is valid for five years from the date it was filed in the office of the County Clerk. When a company has no place of business in California, they shall file with the County Clerk of Sacramento County at https://actonline.saccounty.net/CitizenAccess/SACCO_FBNSearch.aspx

ATTACHMENT I – DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) DECLARATIONS

The Disabled Veteran Business Enterprise Declarations form (Std. 843) must be completed by the Vendor if they are a California certified DVBE. The Std 843 must also be completed and returned for any California certified DVBE subcontractors. The form is available at this link: STD. 843 (Rev. 11/2005) (ca.gov)

ATTACHMENT J – GenAI Disclosure and Fact Sheet Contractors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Offeror (STD.1000). Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet (STD. 1000) will result in disqualification of the Contractor and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. STD. 1000 form located in link below.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf