DSD24-1824_RFQ_CSCR.pdf

STATE OF CALIFORNIA

Department of Motor Vehicles

QUOTE DUE DATE:

October 21, 2024

Supplier name and address:

Contact:

Phone:

Fax:

Name (Print):

Title:

Signature:

_____________________ Date:

Federal Employer Identification Number:

Sealed Bid Responses must be delivered before 10:00 AM on the due date to:

Kris Williams ASD IT Acquisitions Department of Motor Vehicles 2415 First Ave, Mail Stop E112 Sacramento, CA 95818 Phone# (916) 818-2825 Kris.Williams@dmv.ca.gov

Insert Tracking # DSD24-1824

REV. #: 0

DATE: October 7, 2024

IS BIDDER CLAIMING PREFERENCE

AS A SMALL BUSINESS:

YES ________ NO ________

IF YES, MANUFACTURER?

YES ________ NO ________

IS BIDDER A NON-SMALL BUSINESS

CLAIMING AT LEAST 25% SMALL

BUSINESS SUBCONTRACTOR

PREFERENCE?

YES ________ NO ________

SECTION 14838 ET SEQ. OF THE

CALIFORNIA GOVERNMENT CODE

REQUIRES THAT A 5% PREFERENCE

BE GIVEN TO BIDDERS WHO

QUALIFY AS A SMALL BUSINESS AS

A NON-SMALL BUSINESS

CLAIMING AT LEAST 25%

CALIFORNIA CERTIFIED SMALL

BUSINESS PARTICIPATION FOR

REQUIREMENTS SEE TITLE 2,

CALIFORNIA CODE OF

REGULATIONS SECTION 1896 ET

SEQ. THE REQUIREMENTS FOR

NONPROFIT VETERAN SERVICE

AGENCIES QUALIFYING AS A

SMALL BUSINESS ARE CONTAINED

IN SECTION 999.50 ET SEQ. OF THE

MILITARY AND VETERANS CODE.

Bidder offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. DECLARATIONS UNDER PENALTY OF PERJURY;

By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed as complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct. (3) If a claim is made for the Small Business or Disabled Veterans Business preference, the information set forth within is true and correct.

DESCRIPTION

The purpose of this Request for Quotation (DSD24-1824) is to request purchase of Totara E-Learning maintenance and operations support. In submitting a quote, bidders must comply with the instructions found herein. Please read the enclosed document carefully.

The following Sections are incorporated as part of this Request for Quotation:

Section I: General Information Section II: Evaluation Information Section III: Statement of Work Section IV: Attachments

State of California RFQ DSD24-1824

SECTION I

GENERAL INFORMATION

You are invited to review and respond to this Request for Quotation, entitled (DSD24- 1824). In submitting your quote, you must comply with the instructions found herein.

The services required are delineated in the Statement of Work. Please read the enclosed document carefully.

Quotes must be received no later than the date and time specified on the cover of this RFQ and in Section I.C. Key Action Dates.

A) Purpose of this Request for Quotation (RFQ)

The State of California, Department of Motor Vehicles requires the services of a Contractor to provide Totara E-Learning maintenance and operations support.

Period of Performance and Availability The term of this Agreement will be one year with two one-year optional extensions.

The contractor shall not be authorized to deliver or commence performance of services as described in this Statement of Work (SOW) until written approval has been obtained from all entities. No delivery or performance of service may commence prior to the execution of a written contract.

The selected contractor must be able to meet the requirements of this RFQ and be ready to begin work within ten (10) business days of the contract award date specified in Section I.B. Key Action Dates. If personnel offered by the selected contractor leaves the contractor’s firm or are otherwise unable to participate in this contract, they must be replaced with comparably qualified personnel who meet the minimum qualifications as stated within this RFQ. All replacement personnel are subject to approval by the State.

B) Key Action Dates

Listed below are the key action dates and times by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to this RFQ*.

Key Action Dates Date/Time

1. Submission of written questions October 11, @ 10:00 AM PDT

2. Departments response to written questions October 14, @ 3:00 PM PDT

3. Submission of Quotes October 21, @ 10:00 AM PDT

4. Issue Intent to Award October 21,

5. Contract Award October 28, *Note: ALL DATES AFTER THE SUBMISSION OF QUOTES DEADLINE (#3 IN THE KEY

ACTION DATES TABLE) ARE APPROXIMATE AND MAY BE CHANGED IF NEEDED TO

ALLOW THE STATE ADDITIONAL TIME FOR EVALUATION AND CONTRACT EXECUTION,

WITHOUT ADDENDUM TO THIS RFQ.

C) Written Questions

All questions regarding the content of this RFQ must be submitted electronically to Kris Williams, DMV Procurement Analyst, at Kris.Williams@dmv.ca.gov . All questions must be received by the Key Action Date identified above. Questions not submitted in writing by the Key Action Date for submission of written questions (#1 in the Key Action Date matrix above) shall be answered at the State’s option.

When the State has completed its review of the questions, all questions and answers will be posted to the Department of General Services’ eProcurement System at the following website: https://caleprocure.ca.gov/pages/index.aspx.

D) Bidder’s Instructions and Provisions

The following information is incorporated into this RFQ. Please read the documents carefully. By signing Section IV - Attachment 1 – Cover Sheet, bidders agree to the terms and conditions listed below:

Bidder’s Instructions:

http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/dgspd%20451.pdf

General Provisions – Information Technology https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model- Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687E

C62B8BC6BF41BE876E

Cloud Computing – Software as a Service (SaaS) General Provisions https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model- Language/CloudComputing_SaaSGeneralProvisions062122.pdf?la=en&hash=7B3D8

F241D1486B9CA44AAE0932AA21BBBE19D74

Software as a Service (SaaS) Special Provisions http://www.dgs.ca.gov/-

/media/divisions/pd/ptcs/oppl/cloudcomputingservicesspecialprovisions_18_0301.docx

E) Award of Contract

Award of contract, if made, will be in accordance with the RFQ information on Evaluation to a responsible bidder whose bid complies with all the requirements of the RFQ documents and an addendum thereto, except for such immaterial defects as may be waived by the State. Award, if made, will be made within forty-five (45) days after the scheduled date for Contract Award as specified in the RFQ; however, a bidder may extend the offer beyond 45 days in the event of a delay of contract award.

The State reserves the right to determine the successful bidder(s) either on the basis of individual items or on the basis of all items included in its RFQ, unless otherwise provided in the State’s RFQ. Unless the bidder specifies otherwise in its bid, the State may accept any item or group of items of any bid. The State reserves the right to modify or cancel in whole or in part it’s RFQ.

Written notification of the State’s intent to award will be made to all bidders. If a bidder can show that its bid should be selected, instead of the bid selected by the State, the bidder will be allowed five (5) working days to submit a protest to the Intent to Award, according to the instructions contained in the paragraph titled “Protests” of this RFQ.

F) Protests

Any bidder’s issues regarding solicitation requirements must be resolved (or attempts to resolve them must have been made) before a protest may be submitted according to the procedure below. These issues will first be resolved by the DMV Procurement Analyst for the solicitation or if they result in a protest, the protest will be submitted to DGS Procurement Division Deputy Director to hear and resolve issues and whose decision will be final.

A bidder may submit a protest if they believe their bid is responsive to all requirements set forth in this RFQ and should have been selected according to the Evaluation procedures in the Solicitation section I. The bidder may submit a protest as described below.

All protests of award must be made in writing, signed by an individual authorized to bind the bidder contractually and financially, and contain a statement of the reason(s) for protest; citing the law, rule, regulation, or procedure on which the protest is based. The protester must provide facts and evidence to support the claim. Protests must be mailed or delivered to:

Support Services Unit

Department of General Services Procurement Division

707 Third Street, Second Floor West Sacramento, CA 95605

Business Hours: 8:00 am - 5:00 pm

PDProtest@dgs.ca.gov

All protests to the RFQ or protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by the DGS Procurement Division Deputy Director as promptly as possible, but not later than the date indicated in the Notification of Intent to Award. Certified or registered mail must be used unless delivered in person; in which case the protester should obtain a receipt of delivery.

Protests regarding selection of the “successful vendor” will be heard and resolved by the Government Claims Program whose decision will be final.

G) RFQ Response Guidelines

This RFQ and the Bidder’s quote in response to this document will be made a part of the contract. Responses to this RFQ must contain all data/information requested and must conform to the format described in this RFQ. It is the Bidder’s responsibility to provide all required data and any other information deemed necessary for the State’s evaluation team to determine and verify the Bidder’s ability to perform the tasks and activities defined in the Bidder’s Statement of Work.

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the required written information as specified may be grounds for bid rejection.

It is the vendor’s responsibility to ensure responses are received by the due date and time. Postmark dates are not acceptable.

IF PHYSICALLY DROPPING OFF BID: VENDORS SHALL CONTACT DMV PROCUREMENT

ANALYST AND SCHEDULE BID DROP OFF DATE AND TIME.

FACSIMILE MACHINE BIDS & EMAILED BIDS WILL NOT BE ACCEPTED. BIDS MUST BE

SEALED.

H) RFQ Response Content

Acceptable responses to this RFQ must contain one (1) of all data/information requested. Refer to Section IV – Attachments – for more information on the documents required for the RFQ Response Content. To be deemed responsive, the following items must be submitted with your RFQ response:

1) ATTACHMENT 1 – COVER LETTER

Complete and attach the cover letter included in this RFQ as Attachment 1

2) ATTACHMENT 2 – COST DATA SHEET

Bidder must complete the cost data sheet using the format in Attachment 2 – Cost Sheet. All tasks associated with this contract may be performed remotely and/or on-site at 2415 First Avenue, Sacramento, CA 95818, as determined by the DMV Contract Manager. If remote work is approved, it must be performed within the continental United States. Contractor personnel shall perform their duties, during DMV’s regular workdays and normal work hours, except as specifically agreed to otherwise by the DMV Contract Manager. There will be no increase in hourly rates for extended hours or days. 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.

3) ATTACHMENT 3 – PAYEE DATA RECORD

Bidder must submit a Payee Data Record, Std. 204, listing their Taxpayer Identification Number as Attachment 3. The Payee Data Record form is available at the following website link:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

4) ATTACHMENT 4 – CONFIDENTIALITY STATEMENTS

Attachment 4A: Conflict of Interest and Confidentiality Statement The Conflict of Interest and Confidentiality Statement must be signed by a person authorized to bind the bidding company. In addition, if awarded the contract, all proposed staff will be required to submit a signed hardcopy of Attachment 4A prior to commencement of work on this contract.

The overall objective of maintaining confidentiality is to ensure the integrity of this or related projects by preventing any bidder from gaining an advantage. It is important to understand that the disclosure of certain confidential or procurement-sensitive information could jeopardize any procurement related to any information obtained during the course of providing services for this contract. Individuals involved in the performance of services for this contract must be careful to avoid breach of confidentiality both inside and outside of the workplace. Each individual is personally responsible for maintaining confidentiality in all oral and written communications, as well as in the handling of information through electronic means. The disclosure of any procurement-sensitive information may jeopardize a procurement and may result in civil or criminal penalties and/or disciplinary action.

Please read the confidentiality statement carefully. The confidentiality statement also includes a conflict-of-interest statement. Any individual who feels they may have a personal or financial interest that would be incompatible with participation in any RFQ related activity must disclose that information to the appropriate DMV employee prior to signing the confidentiality statement.

The Vendor must agree to the State’s confidentiality requirements by submitting a signed Attachment 4A: Confidentiality Statements, for the Vendor’s company and personnel, agents, and subcontractors.

The Vendor engaging in services pertaining to this RFQ, 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.

WHAT INFORMATION IS CONFIDENTIAL?

Any document (hard copy or electronic media) marked “Confidential”.

Any information or procurement documents which have not been released to the supplier community.

Any supplier responses or review of offers for procurements related to the services provided in this contract.

PRECAUTIONS FOR INDIVIDUALS WORKING WITH CONFIDENTIAL INFORMATION:

All confidential documents should be marked “Confidential”. If the DMV determines that additional controls are necessary, documents will be numbered and assigned prior to release. It will be the recipient’s responsibility to control and return the numbered document(s).

Keep all confidential documents out of view and locked away.

Confidential information on your personal computer should always be password protected and should never be left open when stepping away from your desk. Screen savers should also be used and should be password protected. Confidential documents should be filed in your personal drive. If documents must be shared, they can be stored in a shared drive, but should also be password protected with a shared password.

Monitor the printer when printing a confidential document. Do not leave confidential print jobs unattended.

Remove all confidential documents from the photocopy machine when jobs have been completed. In the event of a machine jam, make sure all confidential papers are removed and shredded.

Close doors when confidential discussions occur during meetings. Erase and/or remove all white boards, flip charts, and papers once the meeting has concluded.

Be discrete in communications with others to ensure that unauthorized disclosure of confidential information does not occur. Be cautious of what you say.

Formal or informal inquiries by other vendors should be directed to the appropriate DMV personnel. Do not attempt to answer any inquiries by other vendors.

Confidential mail can be sent via regular mail courier envelopes but should be sent in a sealed envelope within the messenger envelope and marked appropriately. Confidential mail should be hand carried to local destinations (within reasonable traveling distance). Please instruct clerical support staff that incoming mail marked “Confidential” should be delivered unopened to the recipient immediately.

Confidential papers (including notes and working papers) should not be discarded in wastebaskets or recycle bins. Confidential papers should be shredded.

Using the fax machine for transmitting confidential information is not recommended. However, if necessary, arrangements should be made at both ends of the transmission to monitor the fax machine until the entire fax has been sent and received. Do not leave a fax machine unattended when sending or receiving a confidential document. The following statement should be included in the fax transmittal sheet:

CONFIDENTIALITY NOTICE: This Facsimile transmission is intended only for the addressee shown above. It may contain information that is privileged, confidential or otherwise protected from disclosure. Any review, dissemination, or use of this transmission or any of its contents by persons other than the addressee is strictly prohibited. If you received this fax in error, please call us immediately upon receipt and return the facsimile documents, by first class mail, to the address above. Thank you for your cooperation.

All conference calls where confidential information may be discussed should be conducted behind closed doors.

Individuals should be cautious of their surroundings when leaving voice mail messages that may contain confidential information.

Electronic mail messages should not be used to share confidential information since they can be accessed fairly easily by experienced users.

Attachment 4B: Department of Motor Vehicles Vendor Confidentiality Agreement

The Department of Motor Vehicles Vendor Confidentiality Agreement must be signed by a person authorized to bind the bidding company. In addition, if awarded the contract, all proposed staff will be required to submit a signed hardcopy of Attachment 4B prior to commencement of work on this contract.

5) ATTACHMENT 5 – BIDDER DECLARATION FORM

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response as Attachment 5, even if no subcontractors are being submitted. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract and a description of the product and/or services the subcontractor will provide in the solicitation. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract.

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

Attachment 5, 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.

8) ATTACHMENT 6 –– DVBE INCENTIVE

THE CALIFORNIA DVBE PARTICIPATION PROGRAM REQUIREMENTS HAVE BEEN

REMOVED FOR THIS SOLICITATION, HOWEVER, THE DVBE INCENTITIVE IS

APPLICABLE).

An incentive for DVBE participation is optional. The Std. 843 must be submitted as Attachment 6 of a Bidder’s response if the Bidder is either a certified CA DVBE or subcontracting with a certified CA DVBE. The Std. 843 may be found on the following website:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf The Disabled Veteran Business Enterprise Declarations (STD. 843) form is completed by a California certified DVBE owner and DVBE managers of the DVBE who will be participating in the awarded purchase document.

BIDDER MUST BE A CA CERTIFIED DVBE, OR PARTNER WITH A CA CERTIFIED DVBE,

THAT PROVIDES A COMMERCIAL USEFUL FUNCTION, OR THEIR BID WILL BE DEEMED

NON-RESPONSIVE

a) DVBE INCENTIVE:

In order to earn the California Disabled Veteran Business Enterprise incentive, Bidders must be, or partner with, a California Certified DVBE. All certified DVBE’s must perform a “commercially useful function” in the performance of the contract. For more information regarding the DVBE, please review the Department of General’s website at:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise

The DVBE incentive is applied during the quote evaluation process and is only applied for responsive quotes from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified below:

Confirmed DVBE Participation of: DVBE Incentive:

5% and Over 5%

4% - 4.99% inclusive 4% 3% - 3.99% inclusive 3%

0.1% - 2.99% inclusive 0%

b) ADDITIONAL INFORMATION:

Certified small businesses and disabled veteran businesses listed as subcontractors must perform a "commercially useful function" in the performance of the contract. The term “commercially useful function” is defined in Government Code Section 14837(d) (4) and in Military and Veterans Code Section 999(b) (5) (B).

Note: Per Senate Bill 548, if for this agreement contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department:

(1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their quote or offer, 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 Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the quote or offer 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 quote or offer 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.

9) ATTACHMENT 7 - DVBE SUBCONTRACTOR AGREEMENT

If utilizing a DVBE subcontractor, as indicated in method A1.c or A2.c in the link provided, bidder must submit the signed (by the prime and DVBE subcontractor) agreement from Attachment 6 with bid response.

CA DVBE Program Requirem ents

SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING

REQUIREMENTS:

a. If for this Contract the Contractor made a commitment to achieve small business participation, then the Department requires the Contractor upon completion of this Contract (or within such other time period as may be specified elsewhere in this Contract) to report the actual percentage of small business participation that was achieved.

(Govt. Code § 14841)

b. If for this Contract the Contractor made a commitment to achieve the disabled veteran business enterprise (DVBE) participation goal, then, pursuant to Mil. & Vets. Code § 999.5(d), upon completion of this Contract, the Department requires the Contractor to certify using the Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817), all of the following:

1. the total amount the prime Contractor received under the Contract;

2. the name, address, Contract number and certification ID number of the DVBE(s) that participated in the performance of this Contract;

3. the amount and percentage of work the prime Contractor committed to provide to one or more DVBE(s) under the requirements of the Contract and the total payment each DVBE received from the prime Contractor;

4. that all payments under the Contract have been made to the DVBE(s); and

5. the actual percentage of DVBE participation that was achieved.

Upon request, the prime Contractor shall provide proof of payment for the work.

If for this Contract the Contractor made a commitment to achieve the DVBE participation goal, the Department will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements above. A Contractor that fails to comply with the certification requirement shall, after written notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of written notice, the prime contractor refuses to comply with the certification requirements, the Department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. (Mil. & Vets. Code § 999.7).

A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 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 Mil. & Vets.

Code, including, but not limited to, the requirements of Section 999.5(d). (PCC Code § 10230).

10) ATTACHMENT 8 – CA SECRETARY OF STATE (SOS)/FICTITIOUS BUSINESS NAME

A copy of each bidder’s current California Secretary of State’s listing or Fictitious Business Name listing, if applicable, must be included in the bidder’s response as Attachment 8 at the time bid is due.

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

11) ATTACHMENT 9 – SMALL BUSINESS AND NON-SMALL BUSINESS PREFERENCE

(SUBMIT ONLY IF BIDDER IS CLAIMING PREFERENCE)

(a) REGULATIONS

The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. The new regulations can be viewed at (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking- Regulations-for-SB-DVBE Access the regulations by Clicking on “Small Business Regulations” in the right sidebar. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services at (916) 375-4940.

(b) SMALL BUSINESS CERTIFICATION

Bidders claiming the 5% small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses.

Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted.

Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due.

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

(c) NON-SMALL BUSINESS SUBCONTACTOR PREFERENCE

A 5% bid preference is now available to a non-small business claiming 25% California certified small business subcontractor participation. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation. If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which the bidder commits to subcontract in an amount of at least twenty-give percent (25%) of the net bid price. All certified small businesses must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

(d) SMALL BUSINESS NONPROFIT VETERAN SERVICE AGENCIES (SB/NVSA)

SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation. All certified small businesses must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

12) ATTACHMENT 10 – COMMERCIALLY USEFUL FUNCTION FOR SMALL BUSINESS

AND/OR DVBE SUBCONTRACTORS

Bidder must provide a written explanation delineating what Commercially Useful Function each certified small business or certified disabled veteran business will provide for this RFQ. In addition, please answer the questions on Attachment 10 for each certified small business and/or certified DVBE subcontractor listed on the bid response.

13) ATTACHMENT 11 –TACPA (SUBMIT ONLY IF BIDDER IS CLAIMING PREFERENCE)

If bidders qualify for more than one bidding preference (TACPA, Small Business), the maximum preference allowed by law is 15% or $100,000.

If any of these “acts” apply complete the appropriate form and attach it to the response.

(e) TARGET AREA CONTRACT PREFERENCES ACT (TACPA)

Preference will be granted to California-based Contractors in accordance with Government Code Section 4530 whenever contract for goods and services are in excess of $100,000 and the Contractor meets certain requirements as defined in the California Code (Title 2, Section 1896.30) regarding labor needed to produce the goods or provide the services being procured. Bidders desiring to claim Target Area Contract Preferences Act shall complete Std. Form 830 and Std. 525 Form and submit both forms with the bid response.

14) ATTACHMENT 12 – PUBLIC CONTRACT CODE 2010 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).

Refer to Section IV of this solicitation for the PCC 2010 certification which must be submitted as Attachment 12.

15) ATTACHMENT 13 – FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

REQUIREMENT

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the Department of Transportation Federal Motor Carrier Safety Administration Non-Discrimination Assurances located at:

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 bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids 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 LEP in consideration for an award.

16) ATTACHMENT 14-DMV ACCEPTABLE USE STATEMENT

Attachment 14 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.

17) ATTACHMENT 15 – GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

AND FACT SHEET

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. Bidder/Offeror/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 Bidder/Offeror/Contractor. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder/Offeror/Contractor. Failure to report GenAI to the State may void any 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 Bidder/Offeror/Contractor GenAI Reporting and Factsheet (STD 1000), 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."

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet (STD. 1000) will result in disqualification of the Bidder 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.

Upon receipt of a Bidder GenAI Disclosure & Factsheet (STD.1000), 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.”

18) ATTACHMENT 16- EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS:

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the Economic Sanctions Against Russia.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Section II

EVALUATION INFORMATION/RESPONSE CHECKLIST

Each RFQ DSD24-1824 response will be checked for the presence of required information in conformance with the submission requirements of this RFQ. The department will evaluate each RFQ DSD24-1824 bid response to determine its responsiveness to the requirements.

Only bids quoted on the State’s own quotation forms will be considered. Bids MUST be submitted in a SEALED envelope/package with the solicitation number and the bid due date and time clearly marked on the outside of the envelope/package, faxed orders will not be accepted.

The bid response must be completely sealed. One (1) printed copy must be submitted by the time and date identified in Section I.C: Key Action Dates. Mail or deliver bid responses to the DMV Procurement Analyst listed on Page 1 of this RFQ. Sealed Cost Proposal (Attachment 2) must be sealed in a separate envelope and submitted at the same time as the bid response. Bids received after the bid submission date and time will not be considered.

Bidders should be sure that no cost information of any type is shown in their bid response, except in the “SEALED COST PROPOSAL” envelope. The inclusion of costs in any fashion or format in any other place in the bid response except for the Sealed Cost Proposal in the bid response may result in immediate rejection of the proposal.

1. Administrative Requirements Evaluation Criteria (Pass/Fail) Administrative Requirements Attachment has been submitted & is complete

Attachment has not been submitted or is not complete

Is Bidder claiming Preference* (yes or no)

Attachment 1 – Cover Letter (Required) Attachment 2 – Cost Data Sheet (Required) Attachment 3 – Payee Data Record

Std 204 Payee Data Record (Required)

Attachments 4A & 4B – Confidentiality Statements (Required) Attachment 5 – Bidder Declaration Form (GSPD-05-105) Bidder Declaration (Required)

Attachment 6-- DVBE Incentive (provide only if bidder claiming incentive)

DGS PD 843- Disabled Veteran Business Enterprise Declarations

Attachment 7 – DVBE Subcontractor Agreement Signed Bidder/DVBE Subcontractor Agreement per DVBE Method A1.c and A2.c

Attachment 8 – CA Secretary of State Verification

Attachment 9 – Small Business and Non-Small Business Preference* (submit only if bidder is claiming preference)

If bidder is subcontracting with a certified CA small Business to obtain the 5% credit, bidder must provide a description of the sub’s commercially useful function (refer to Attachment 10)

Attachment 10 – Commercially Useful Function (submit only if Bidder is including a certified small business and/or DVBE

As part of bid response)

Attachment 11 – TACPA (submit only if bidder is claiming preference)

Std. 830 TACPA DGS/PD 526 Bidder’s Summary

DGS/PD 525 Manufacturer’s Summary

Attachment 12 – Public Contract Code 2010 Certification (required)

Attachment 13- Federal Motor Carrier Safety Administration

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the Department of Transportation Federal Motor Carrier Safety Administration Non- Discrimination Assurances located at:

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

Attachment 14- Department of Motor Vehicles Annual Information Security and Computer Use Statement

Attachment 15 – GenAI Disclosure Fact Sheet (STD.1000)

Attachment 16-Russia Sanctions

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the Russia Sanctions

2. Final Scoring Methodology

a. Cost (50 points)

Each bidder’s cost score will be calculated based on the ratio of the lowest cost proposal to the bidders cost, multiplied by the maximum number of cost points available (50), as shown in the calculation below:

Lowest Total Cost Bid

Bidder Total Cost X Total cost points available

The cost for this RFQ is weighted at 30% of the total points available. The contractor will be evaluated on the total extended cost for both the contracted term and including any optional extension years.

Example: To help illustrate this process, refer to table below, for an example of the cost score calculation process. Cost figures in the example below explain the calculations and have no other significance.

Cost Evaluation and Scoring Methodology Example

Bidder Grand Total Cost

Calculation Cost Points Awarded

A $400,000 $300,000 X 50 $400,000

B $350,000 $300,000 X 50 $350,000

C $300,000 $300,000 X 50 $300,000

Bidder Technical Score

Cost Score Total Points Awarded

A 42 38 80 B 38 43 81 C 46 50 96

In this case the highest scored proposal from Bidder C would be the intended awardee.

3. Award

The award will be made to the highest scored proposal (or lowest cost after meeting all requirements). Refer to Section I.F regarding Award of Contract Language.

SECTION III STATEMENT OF WORK

Refer to Attachments:

DSD24-1824 RFO – Section I and

DSD24-1824 SOW – Section II

EXHIBIT B - DELIVERABLE ACCEPTANCE DOCUMENT (DAD)

CONTRACTOR NAME:

DMV CONTRACT NUMBER: DAD NUMBER:

DELIVERABLE TITLE:

DELIVERABLE COMPLETION DATE:

TOTAL COST OF APPROVED DELIVERABLE: $

AMOUNT TO INVOICE $

DELIVERABLE DESCRIPTION:

DMV’S ACCEPTANCE OR REJECTION:

AUTHORIZED AND APPROVED:

CONTRACTOR OFFICIAL

PRINT NAME, SIGN, AND DATE

DMV CONTRACT MANAGER

PRINT NAME, SIGN, AND DATE

Payment will not be issued until the DMV Contract Manager and Contractor Official have approved the DAD as stipulated in this contract.

Exhibit C – Personnel Change Order Authorization

CHANGE ORDER NO._______________

Contractor Name: __________________________ Contract Number: ________________

Start Date: ___________________ or upon approval by the DMV IT Acquisitions Manager, whichever occurs later.

Description of Change:

Staff Name: __________________________________________ Phone Number: ___________________________________________ Email Address: ____________________________________________

Reason for Change:

Approval:

Changes identified above are in accordance with the terms and condition of the contract.

By signing below, the Contractor Official has confirmed that the proposed staff meets the requirements listed in Exhibit A, Statement of Work.

The DMV Contract Manager or Contract Administrator’s signature below indicates that he/she has confirmed that the proposed staff meets the qualifications listed in Exhibit A, Statement of Work.

Contractor Official Print Name, Sign, and Date

DMV Contract Manager and/or Contract Administrator

By signing below, the DMV IT Acquisitions Manager and DMV IT Acquisitions Analyst have confirmed that the proposed staff meets the Contractor’s Classification requirements.

DMV IT Acquisitions Manager

DMV IT Acquisitions Analyst/Date

Notes: (1) The DMV Contract Manager or Contract Administrator will submit Personnel Change Order forms to the IT Acquisitions Analyst to obtain DMV IT Acquisitions Manager approval.

Exhibit D – COST SHEET

Refer to Attachment: DSD24-1824 RFO – Section I

Exhibit E CONFIDENTIALITY STATEMENT

Confidentiality Statement for Contractor 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 staff 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:

Exhibit E CONFIDENTIALITY STATEMENT, continued

Confidentiality Statement for Staff

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…