E._RFQ_Solicitation_Package_51A0603.pdf

STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

https://dot.ca.gov/programs/procurement-and-contracts/

Making Conservation a California Way of Life.

November 4, 2024

Request for Quote for Information Technology Services

RFQ-ITS# 51A0603

Notice to Prospective Bidders You are invited to review and respond to this Request for Quote for Information Technology Services (RFQ-ITS) Number 51A0603, entitled “Software Maintenance Services for the Intelligent Roadway Information System (IRIS)”. In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

The California Department of Transportation (Caltrans) is committed to meeting the State’s 25 percent (25%) Small Business participation goal, as required by Governor Executive Order S-02-06 and want to encourage Certified Small Businesses (SB), Microbusinesses (MB), and any Contractors willing to commit to subcontracting a minimum of 25 percent (25%) of their net bid price to certified SB or MB to submit quotes.

A Disabled Veteran Business Enterprise (DVBE) goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this RFQ. See Section D, Special Programs, Item 1, in this RFQ for requirements.

All Agreements entered into with the Department of Transportation (Caltrans) will include, by reference, Department of General Services (DGS) Bidder Instructions (GSPD-451) and General Provisions– Information Technology (GSPD-401 IT) (Reference Section C6, Quote Submittal).

The designated contact person for this RFQ is:

Nicolas Tom and Ivan Cabreros California Department of Transportation Phone: (279) 234-2643 and (279) 234-2266 Nicolas.Tom@dot.ca.gov and Ivan.Cabreros@dot.ca.gov

Please note that no verbal information given will be binding upon Caltrans unless such information is issued in writing as an official addendum. Technical questions regarding this solicitation will be addressed, in writing, in accordance with the Questions and Answers portion of this RFQ-ITS. See Section C2, Questions and Answers for more details.

Sincerely, NICOLAS TOM and IVAN CABREROS Contract Analyst https://dot.ca.gov/programs/procurement-and-contracts/ http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/DGSPD%20451.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E mailto:Nicolas.Tom@dot.ca.gov mailto:Ivan.Cabreros@dot.ca.gov

Request for Quote RFQ Number 51A0603

Table of Contents

Section Page

A) Purpose and Description of Services 1 B) Minimum Qualifications for Bidders 1 C) Proposal Requirements and Information 1

1. Time Schedule 1

2. Questions and Answers 1

3. Costs Included in Quote Rates 2

4. RFQ-ITS Response Guidelines 2

5. Cost Sheet Requirements 2

6. Quote Submittal 3

7. Evaluation and Selection 4

D) Special Programs 5

1. Disabled Veteran Business Enterprise (DVBE) Participation Requirement 5

2. Small Business Enterprise or Micro Business Preference 6

E) Miscellaneous Award Issues 7 F) Pre-Award Audit 7 G) Protest 7 H) Award 8 I) Insurance 8 J) Disposition of Quotes 8 K) Standard Conditions of Service 8 L) Standard Title VI/Nondiscrimination Assurances 9 M) Exclusion of Conflict of Interest 9 N) Unfair Practices Act and Other Laws 9 O) Generative Artificial Intelligence (GenAI) Disclosure & Factsheet 9 P) Executive Order N-6-22 – Russian Sanctions 9 Attachments

1. Cost Sheet (ADM-1412)

2. Confidentiality Statement

3. Bid/Bidder Certification Sheet

4. Bidders Declaration, GSPD-05-105

5. California Civil Rights Laws Certification

6. Generative Artificial Intelligence (GenAI) Disclosure & Factsheet

7. Required Attachments Checklist

8. Proposed Form of Agreement, STD 213:

Exhibit A, Statement of Work Exhibit B, Budget Detail and Payment Provisions Exhibit C, Information Technology (GSPD-401IT) Revised and Effective 6/21/22

Exhibit D, Special Terms and Conditions Exhibit E, Additional Provisions Exhibit F, Security and Privacy Provisions

Caltrans RFQ-ITS Number 51A0603

A) Purpose and Description of Services

1. The Contractor shall provide software maintenance services to the California Department of

Transportation (hereinafter referred to as, “Caltrans”) for the Intelligent Roadway Information System (IRIS) application system. All versions of the IRIS software are proprietary and owned by Caltrans.

2. Caltrans District Transportation Management Centers (TMCs) use the IRIS. The IRIS is a custom-built software, and most versions of the IRIS software are proprietary. However, information related to the IRIS will be released to the contracted parties upon the execution of the Confidentiality and Nondisclosure Agreements.

3. Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this RFQ as Attachment 8 for a more complete description of the services.

B) Minimum Qualifications for Bidders

1. The Contractor shall provide the required personnel to support this project. All roles shall have a minimum of five (5) years of experience working on Intelligent Transportation Systems (ITS) for a Department of Transportation (DOT). At a minimum, the Contractor’s project team personnel shall include these key personnel roles:

a) Project Manager (PM)

b) Design Engineer (DE)

c) Software Engineer (SWE)

2. Contractor’s staff shall meet all qualifications listed in Exhibit A, Section 16, Allowable Classifications and Minimum Qualifications.

3. Failure of Bidder to sufficiently provide any or all the minimum qualifications, in the opinion of Caltrans, will result in the Bidder’s bid deemed non-responsive.

C) Proposal Requirements and Information

1. Time Schedule

It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Event Date Time (Pacific Time)

Release of RFQ-ITS 11/04/2024 Submission of written questions 11/11/2024 Submission of Quotes (by date and time) 11/18/2024 3:00 PM Bid Opening 11/19/2024 2:30 PM Posting of Intent to Award (estimate) 11/20/2024 Proposed Agreement Award Date (estimate) 11/27/2024

All dates after the Submission of Quotes (date and time) are approximate and may be changed if needed to allow the State additional time for evaluation and contract execution.

2. Questions and Answers A. Questions regarding this RFQ must be submitted in writing by November 11, 2024. Bidders are encouraged to submit their written questions via e-mail to Ivan.Cabreros@dot.ca.gov.

B. Written questions must include: the individual's name, firm name, complete address and must reference RFQ No. 51A0603. Questions must be emailed to:

Email: Ivan.Cabreros@dot.ca.gov C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the Bidder to access the website for any changes or addenda that may be posted. Refer to this RFQ-ITS, Section C)1, Time Schedule, for the schedule of events and dates/times. It is the responsibility of the bidder to check Cal eProcure for all addenda. Bidder can contact the Contract Analyst named above.

3. Costs Included in Quote Rates Bid prices/rates shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments, including but not limited to, sales and use taxes required by law or otherwise and no additional allowance will be paid unless separate payment provisions in the Agreement should specifically provide otherwise.

4. RFQ-ITS Response Guidelines Responses to this RFQ-ITS must contain all data/information requested and must conform to the format described in this RFQ-ITS. 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 Contractor’s ability to perform the tasks described herein.

5. Cost Sheet Requirements A. Cost Detail Format

1) Bidder must complete the Cost Sheet that identifies the total cost per transaction as described in the Statement of Work of the Proposed Form of Agreement (Attachment 8, Exhibit A) using the format in Attachment 1–Cost Sheet. This Cost Sheet includes an entry for Optional Amendment Costs. These costs would be in effect should the State exercise its option to extend the term and/or add funds to the Contract.

2) The resulting Agreement cannot exceed the budgeted allocation of $300,000.00. The Cost Sheet, and only the Cost Sheet, shall list all items that will be charged to Caltrans including travel charges that will be assessed and included in the bid amount. Costs shall be segregated to show actual salary costs including hours, rates, classifications, administrative overhead and fringe benefit expenses, unless otherwise noted on the Cost Sheet.

3) Cost Sheet shall follow the cost format provided in Attachment 1.

B. Page Headers and Page Numbering

All pages of the Cost Sheet, including cover pages, Table of Contents, and if applicable, Special Programs documents such as DVBE forms: Disabled Veteran Business Enterprise Declaration (STD 843); the Bidder Declaration (GSPD-05-105), as appropriate; shall have the following header and page numbering format in the upper right-hand corner:

Cost Sheet Agreement No. 51A0603 Date Attachment 1 Page # of ##

6. Quote Submittal A. Carefully examine the entire RFQ-ITS and any addenda thereto, and all related materials and data referenced in this RFQ-ITS or otherwise available to the bidder. Bidder should become fully mailto:Ivan.Cabreros@dot.ca.gov https://caleprocure.com/pages/index.aspx aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work.

B. Quotes should provide straightforward and concise descriptions of the bidder's ability to satisfy the requirements of this RFQ-ITS. The quote must be complete and accurate. Omissions, inaccuracies, or misstatements will be sufficient cause for rejection of a quote.

C. Caltrans does not accept alternate Agreement language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected.

D. The State’s IT General Provisions (GSPD-401IT) and Bidder Instructions (GSPD-451) are incorporated herein and are not negotiable.

GSPD 401IT (6/21/22): https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model- Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8

BC6BF41BE876E

GSPD-451: http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/DGSPD%20451.pdf

E. Bids which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this RFQ-ITS, it will be the basis for rejection of the bid.

F. Responses to this RFQ-ITS shall be submitted no later than 3:00 p.m., November 18, 2024, and addressed as follows (reference Section C)1, Time Schedule). Quotes received after this time and date will be rejected and returned unopened unless the deadline is extended by Addendum.

G. All Responses shall include the documents identified in this RFQ-ITS Required Attachments Checklist, Attachment 7. Proposal and/or Cost Sheet Packages not including the proper "required attachments" shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

H. Proposal must be submitted for the performance of all services described herein. Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

I. Quotes (Technical and Cost) must be sealed and labeled (as instructed below). Mail or deliver package to the following location:

Mailed Or *Deliver To:

Department of Transportation Division of Procurement and Contracts Attention: Nicolas Tom 1727 30th Street, MS-65 Sacramento, CA 95816

In the upper portion of the sealed mailing envelope, label outer package

RFQ-ITS # 51A0603

RFQ-ITS Title: Software Maintenance Services for Intelligent Roadway Information System Firm Name: ________________________

DO NOT OPEN

J. Responses received after this time and date will be rejected and returned unopened.

https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E

K. Responses not submitted under sealed cover and marked as indicated may be rejected. If the quote is made under a fictitious name or business title, the actual legal name of bidder must be provided.

L. Responses must be submitted for the performance of all services described herein. Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

M. A response may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. Caltrans may reject a proposal that is not responsive, does not meet the technical standards, or is not from a responsible bidder, or may reject all quotes. Caltrans may also waive any immaterial deviation in a proposal. Caltrans waiver of immaterial defect shall in no way modify the RFQ-ITS document or excuse the bidder from full compliance with all requirements if the bidder is awarded the Agreement.

N. Costs for developing quotes and in anticipation of award of the Agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

O. A bidder may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline. Proposal modifications offered in any other manner, oral or written, will not be considered.

P. A bidder may withdraw its proposal by submitting a written withdrawal request to Caltrans that is signed by the bidder or an authorized agent. A bidder may thereafter submit a new proposal prior to the proposal submission deadline. Quotes may not be withdrawn without cause subsequent to proposal submission deadline.

Q. Caltrans may modify the RFQ-ITS up to the specified time of the date fixed for proposal submissions by the issuance of an addendum to all parties who received a proposal package.

All addenda prior to the submission deadline are also posted on Cal eProcure:

(https://caleprocure.com/pages/index.aspx).

R. Caltrans reserves the right to reject all quotes for reasonable cause.

S. Bidders are cautioned to not rely on Caltrans during the evaluation to discover and report to the bidder any defects and errors in the submitted documents. Before submitting their documents, bidders should carefully proof them for errors and adherence to the RFQ-ITS requirements.

T. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

U. More than one proposal or a proposal that includes various options or alternatives from an individual, firm, partnership, corporation or association under the same or different names, will be rejected. Reasonable grounds for believing that any bidder has submitted more than one proposal for the work contemplated herein will cause the rejection of all proposals submitted by that bidder. If there is reason for believing that collusion exists among the bidders, none of the participants in such collusion will be considered in this or future procurements.

7. Evaluation and Selection A. Bid opening will be held via teleconference at 2:30 p.m. on the date specified in Section C, Bid

Requirements and Information, Item 1, Time Schedule. Bidders may participate via teleconference by calling 1-866-700-7952 and entering the pass code 7089821#. Calls will be accepted beginning at 2:15 p.m. until the conclusion of the bid opening. Bids will be read in Agreement numeric order; questions will not be allowed; and information will not be repeated.

Bid opening results will be posted online on the Division of Procurement and Contracts website https://caleprocure.com/pages/index.aspx at https://dot.ca.gov/programs/procurement-and-contracts/bid-results by 12:00 p.m. on the day following the bid opening. The Agreement will be awarded to the lowest responsible bidder meeting the requirements outlined in the RFQ.

B. At the time of bid opening, each bid proposal’s total and any small business and/or micro business information (if applicable) will be read aloud. Bids are considered preliminary pending review and verification of applicable bid requirements such as: small business preference, DVBE, DBE, licensing, bonding, qualifications, or other requirements as stated in the RFQ.

Agreements will be awarded to the lowest responsive responsible bidder.

C. Each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this RFQ. Caltrans will check the bid submittal package to verify it received all required documents. Positive verification of required documents will be performed to determine its responsiveness to the State's needs.

D. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, shall be rejected.

E. The Agreement, if awarded, shall be awarded to the lowest responsible bidder meeting the specifications. A bid meets the specifications if it complies with all of the requirements in this solicitation. In the event of a tie bid, Caltrans will draw lots to determine the successful bidder.

Only one proposal or bid may be submitted by an entity: individual, firm, partnership, corporation, joint venture, or combination thereof. Receipt of more than one bid from an entity will result in all bids from that entity being rejected and returned to the bidder.

D) Special Programs

1. Disabled Veteran Business Enterprise (DVBE) Participation Requirements

DVBE Participation Program with No Goals A DVBE goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this RFQ-ITS. See below in this RFQ-ITS for requirements.

DVBE Incentive Program

1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE

Participation Program and was established in Military and Veterans Code Sections 999 et seq., and Title 2, California Code of Regulations, Sections 1896.99 et seq., to encourage proposers to partner with DVBE subcontractors. A dollar cap of $100,000 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible proposer with the confirmed DVBE participation per the Table in paragraph 3 below is eligible to receive the incentive. Proposers who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

2) Caltrans will apply an incentive to quotes proposing the utilization of DGS Certified DVBE firms identified on the Bidder Declaration, GSPD-05-105. Information provided on the Bidder Declaration, GSPD-05-105, shall be verified by Caltrans prior to the award of the contract.

The incentive amount is equal to a percentage of the lowest responsive and responsible proposal based on the amount of DVBE participation in the proposal being evaluated per the Table below.

3) Table for RFQ-ITS Goal Not Required

Verified DVBE Participation DVBE Incentive Amount 5% or more 5%

4% - 4.99% 4%

3% - 3.99% 3%

2% - 2.99% 2%

.01% - 1.99% 1%

4) When applying the DVBE incentive a Non-SB shall not displace an award to a California Certified Small Business. Nor shall the DVBE incentive exceed five percent (5%) of the total possible points.

5) Additional information: 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?search=small%20business%20program.

2. Small Business (SB) or Microbusiness (MB) Preference A. Government Code Sections 14835 et seq. requires that a five percent (5%) preference be given to proposal’s who qualify as a Certified SB or MB. The rules and regulations of this law, including the definition of a small business for the delivery of services, are contained in Title 2, California Code of Regulations, Section 1896 et seq.

B. To claim the SB or MB preference, your firm must have its principal place of business located in California and be certified by the DGS, OSDS. The preference amount may not exceed $50,000 for any proposal. If proposer is claiming the five percent (5%) certified SB or MB preference, complete the Bid/Bidder Certification Sheet, Attachment 4, and attach a copy of your certification.

C. Pursuant to Government Code Section 14838 and Title 2, California Code of Regulations, Section 1896, if a proposer is not a certified SB but wishes to be eligible for the five percent (5%) "non-SB" preference, the proposer must subcontract at least 25 percent (25%) of its net proposed price to one or more certified small businesses. If proposer is claiming the five percent (5%) “non-SB” preference, complete the Bid/Bidder Certification Sheet, Attachment 4, and complete Bidder Declaration, GSPD-05-105, with the names of all certified SB firms being claimed for credit. Attach a copy of the subcontractor’s Certified SB certificate for each SB subcontractor and a copy of all SB subcontractor’s quote to the Bidder Declaration, GSPD-05- 105.

D. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

E. Certified SB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s).

F. SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder.

G. Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940. For 24-Hour Recording and Mail Request, call (916) 322-5060, or email: osdshelp@dgs.ca.gov.

H. Additional references are at https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro- Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification- Program.

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?search=small%20business%20program 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?search=small%20business%20program 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?search=small%20business%20program mailto:osdshelp@dgs.ca.gov https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program

I. SB or MB proposers or proposers using the “Non-Small Business” preference shall be granted a preference consisting of five percent (5%) of the highest responsible proposer’s total score.

4. Small Business Nonprofit Veteran Service Agencies (SB/NVSA)–SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Sections 999.50 et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference. If applicable, claim the preference in the box on the right hand side of the first page of this solicitation.

E) Miscellaneous Award Issues

1. Caltrans does not negotiate rates and/or costs listed on any Quote submitted for the RFQ-ITS.

2. If no quotes are received containing bids offering a price, which in the opinion of Caltrans is a reasonable price, Caltrans is not required to award an Agreement (Pub. Cont. Code Section 10344(d)).

3. The bidder is advised that should this RFQ-ITS result in an award of an Agreement, the Agreement will not be in force and no work shall be performed until the Agreement is fully approved by Caltrans and the bidder is notified by the Caltrans Contract Manager to begin work.

4. In the event of a precise tie, lots will be drawn to determine the successful bidder, or if applicable, the tie will be broken in accordance with Government Code 13838(f).

F) Pre-Award Audit Prior to award of the Agreement, a pre-award audit may be performed. The pre-award audit will be conducted in accordance with generally accepted governmental auditing standards as promulgated by the United States General Accounting Office. The scope of the audit will consist of such tests as the auditors consider necessary to assure that the proposal satisfactorily meets the requirements outlined in Items 1-3 below prior to execution of the Agreement. Upon completion of a pre-award audit, if, in Caltrans judgment, one or more of these requirements is not satisfactorily met, Agreement award may be canceled.

1. At the time of the pre-award audit, the proposal must demonstrate through actual historical data that its accounting system is capable of accumulating and segregating reasonable, allocable, and allowable costs. For new businesses, if actual historical data is unavailable or the accounting system is newly implemented, the system will be tested to determine whether the accounting system is adequate and, if necessary, recommend that an interim audit be performed. At a minimum, the proposal must have an accounting system that meets the following objectives.

A. The ability to record and report financial data in accordance with generally accepted accounting principles and the Code of Federal Regulations, Title 48, Federal Acquisition Regulations System, Chapter 1, Part 31.

B. The ability to accumulate and segregate reasonable, allocable and allowable costs through the use of a cost accounting system

C. A system of record keeping ensuring that costs billed Caltrans will be supported by adequate documentation and in compliance with the terms of the Agreement and applicable Federal and State regulations.

D. Procedures to retain accounting records and source documentation as required by the terms of the Agreement and applicable Federal and State regulations.

E. A system of internal control, which provides reasonable assurance that assets are protected;

financial data, records and statements are reliable; and errors and irregularities are promptly discovered, reported and corrected.

2. The bidder must be financially capable of performing the work.

3. The costs proposed must be reasonable.

G) Protest

Proposers have the right to protest the award of Caltrans Agreements subject to the following grounds, processes, and procedures.

1. If any proposer, prior to the award of Agreement, files a protest with Caltrans, Protest Unit, and the

DGS, Procurement Division, on the grounds that the (protesting) proposer would have been awarded the Agreement had the Agency correctly applied the evaluation standard in the RFQ-ITS, or if the Agency followed the evaluation and scoring methods in the RFQ-ITS, the Agreement shall not be awarded until either the protest has been withdrawn or the State has decided the matter. It is suggested that you submit any protest by certified or registered mail to:

Department Of Transportation Division of Procurement and Contracts Attention: Protest and Disputes Manager 1727 30th Street, MS 65 Sacramento, CA 95816-7006 Phone Number: (916) 639-6340

Department Of General Services Procurement Division Attention: Protest Coordinator 707 Third Street West Sacramento, CA 95605 Phone Number: (916) 375-4400 Refer to GSPD-451 Section 21

2. Within five (5) days after filing the initial protest, the protesting proposer shall file with the DGS, Procurement Division and Caltrans, Protest Unit, a full and complete written statement specifying the grounds for the protest. It is suggested that you submit this complete written statement by certified or registered mail.

H) Award

1. Upon award of the Agreement, the successful bidder must complete and submit to Caltrans the

Payee Data Record (STD 204), listing their Taxpayer Identification Number to determine if the bidder is subject to State income tax withholding pursuant to California Revenue and Taxation Code Section 18662. This form can be found on the Internet at https://www.dgs.ca.gov/Resources/Statewide-Forms. No payment shall be made unless a completed STD 204 has been returned to Caltrans.

2. 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 addenda 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.

3. Caltrans 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 expressly 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.

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

I) Insurance

1. The bidder, who receives the Agreement award, must provide a Certificate of Insurance providing proof of insurance to the Division of Procurement and Contracts within 10 (ten) working days from the date of notification of award. The State’s Office of Risk and Insurance Management will review https://www.dgs.ca.gov/Resources/Statewide-Forms insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to the Proposed Form of Agreement, Exhibit E, (Attachment 8), for the applicable and specific Insurance requirements and coverage limits.

2. The insurance carrier shall provide an endorsement for the additional insured statement as follows:

Caltrans, State of California, its officers, agents, and employees shall be included as additional insured, but only with respect to work performed for the State of California under this Agreement.

The additional insured endorsement must accompany the certificate of insurance.

3. Satisfying A Self-Insured Retention (SIR) All insurance required by this Agreement must allow, but not require, the State to pay any SIR and/or act as Contractor’s agent in satisfying any SIR. The choice to pay any SIR and/or act as Contractor’s agent in satisfying any SIR is at the State’s discretion. If the State chooses to pay any SIR and/or act as Contractor’s agent in satisfying any SIR, Contractor shall reimburse the State for the same.

4. Available Coverages/Limits In the event the insurance coverages obtained by Contractor is broader in scope than, and/or the limits are higher than, those required under the Agreement, all such broader coverage and/or higher limits available to Contractor shall also be available and applicable to the State.

J) Disposition of Quotes Upon proposal opening, all documents submitted in response to this RFQ-ITS will become the property of the State of California and will be regarded as public records under the California Public Records Act (Gov. Code Sections 6250 et seq.) and subject to review by the public. The State cannot prevent the disclosure of public documents. However, the contents of all proposals, draft proposals, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's proposal, shall be held in the strictest confidence until the “Notice of Intent to Award” is posted. We recommend that you register the copyright for any proprietary material submitted.

K) Standard Conditions of Service

1. Service shall be available no sooner than the express date set by Caltrans and the bidder after all approvals have been obtained and the Agreement is fully executed. Should the bidder fail to commence work at the agreed-upon time, Caltrans, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the bidder shall be liable to the State for the difference between the bidder’s proposal price and the actual cost of performing work by the second-lowest bidder or by another Contractor.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

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

4. If the bidder is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the bidder will be liable to Caltrans for actual damages resulting to Caltrans therefrom or 10 percent (10%) of the amount proposed, whichever is less.

L) Standard Title VI/Nondiscrimination Assurances (DOT Order No. 1050.2A) The California Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC Sections 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, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

M) Exclusion for Conflict of Interest 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 a feasibility study 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 feasibility study.

Further, 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.

N) Unfair Practices Act and Other LAWS Bidder warrants that its bid complies with the Unfair Practices Act (Bus. and Prof. Code Sections 17000 et seq.) and all applicable State and Federal laws and regulations.

O) Generative Artificial Intelligence (GenAI) Disclosure NOTIFICATION

1. 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.

2. Offerors 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.

3. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Offeror 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.

4. Upon receipt of an Offeror GenAI Disclosure & Factsheet 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.

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

Department of Transportation

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION

COST SHEET ATTACHMENT 1

ADM-1412 (REV. 11/2019)

Contractor’s Name (Please Print):

Tasks Classification Sub-contractor (Y/N) Staff Name Unit of

Measure Estimated

Total Hours

Price Per Unit of

Measure

Total

Hourly by Task Order:

• System Monitoring Services

• Maintenance Services

• Training Services

• Software Change Services

Project Manager Hourly 120 $ $

Design Engineer Hourly

200 $ $

Software

1128 $ $

TOTAL THIS COST SHEET $

1) The above quantities are estimates only and are given as a basis for comparison of bids. No guarantee is made or implied as to the exact quantity that will be needed.

2) In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail.

3) Please do not alter, modify, or change this bid proposal sheet. Any alterations, modifications, or changes to this bid proposal sheet will be grounds to reject the bid.

4) Each line item must be bid. Please do not leave any unit price column blank or this bid proposal sheet will be disqualified from competition for contract award

Optional Amendments

The Agreement amendment shall be for up to an additional one (1) year and an increase in the agreement value of up to $100,000.00 above the value of the awarded Agreement.

OPTIONAL AMENDMENT (Per Statement of Work, Item 6)

Tasks Classification Sub-contractor (Y/N) Staff Name Unit of Measure Estimated Total

Hours Price Per

Unit of M

Hourly by Task Order:

• System Monitoring Services

• Maintenance Services

• Training Services

• Software Change Services

Project Manager Hourly

1 $

Design

Software

5) The above quantities are estimates only and are given as a basis for comparison of bids. No guarantee is made or implied as to the exact quantity that will be needed.

6) In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail.

7) Please do not alter, modify, or change this bid proposal sheet. Any alterations, modifications, or changes to this bid proposal sheet will be grounds to reject the bid.

8) Each line item must be bid. Please do not leave any unit price column blank or this bid proposal sheet will be disqualified from competition for contract award

Attachment 2 Confidentiality Statement

As an authorized representative and/or corporate officer of the company named below, I warrant my company and its employees will not disclose any documents, diagrams, information and information storage media made available to us by the State for the purpose of responding to RFQ-ITS 51A0603 or in conjunction with any contract arising therefrom. I warrant that only those employees who are authorized and required to use such materials will have access to them.

I further warrant that all materials provided by the State will be returned promptly after use and that all copies or derivations of the materials will be physically and/or electronically destroyed. I will include with the returned materials, a letter attesting to the complete return of materials, and documenting the destruction of copies and derivations. Failure to so comply will subject this company to liability, both criminal and civil, including all damages to the State and third parties. I authorize the State to inspect and verify the above.

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 State that such third party has an agreement with the State similar in nature to this one.

Signature of representative Date

Typed name of representative

Typed name of company

Attachment 3 Bid/Bidder Certification Sheet

Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet. The signature must indicate the title or position that the individual holds in the firm.

This Bid/Bidder Certification Sheet must be signed and returned along with all “required attachments” as an entire package with original signatures. The bid must be transmitted in a sealed envelope in accordance with RFQ instructions.

A. Our all-inclusive bid is submitted in a sealed envelope marked “Bid Submittal–Do Not Open.”

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

D. The signature and date affixed hereon certifies that this bid is a firm offer for a 90-day period.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Bid Rejection

1. Company Name 2. Telephone Number 2a. Fax Number 2b. Email Address

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

Indicate the Department of Industrial Relations information:

9. Contractor Registration Number

Indicate applicable license and/or certification information:

10. Contractor’s State Licensing Board Number 11. PUC License Number

CAL-T-

12. Bidder’ Name (Print) 13. Title

14. Signature 15. Date

16. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as:

a. Small Business Enterprise Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

Note: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending: _________________

17. Are you a Non-Small Business committing to the use of 25% Certified Small Business Subcontractor Participation? Yes No If Yes, complete and return the Bidder Declaration form, GSPD-05-105 with your bid.

Attachment 3 Bid/Bidder Certification Sheet

Completion Instructions for Bid/Bidder Certification Sheet Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions 1, 2, 2a, 2b, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Enter your Contractor Registration Number assigned by the Department of Industrial Relations (DIR). This Information will be used to determine if you are registered with DIR.

10 Complete if your firm holds a California contractor’s license. This information will used to verify possession of a contractor’s license for public works agreements.

11 Complete if your firm holds a PUC license. This information will be used to verify possession of a PUC license for public works agreements.

12, 13, 14, 15 Must be completed. These items are self-explanatory.

If certified as a Small Business Enterprise, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to the Department of General Services, Office Small Business and DVBE Services. To get certified, go to https://www.dgs.ca.gov/PD/About/Page- Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and- Disabled-Veteran-Business-Enterprise/Certification-Program

17 Check the applicable box. Complete and return GSPD-05-105 with your Bid.

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Attachment 4

Bidder Declaration

Attachment 4

Bidder Declaration

Attachment 5 California Civil Rights Laws Certification

Instructions: Complete as applicable, and submit with bid, proposal, contract, or amendment when the total contract value is $100,000 or more.

Pursuant to Public Contract Code Section 2010, if a bidder or proposer executes, renews, or amends a contract $100,000 or more on or after January 1, 2017, the bidder or proposer hereby certifies under the penalty of perjury, compliance with the following:

1. California Civil Rights Laws: For contracts $100,000 or more executed, renewed, or amended 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 $100,000 or more executed, renewed, or amended 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 (Or N/A)

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed/Signed Executed/Signed in The County and State Of

Attachment 6

Generative Artificial Intelligence (GenAI) Disclosure & Factsheet

Attachment 7

Required Attachments Checklist A complete proposal package will consist of the items identified below. Complete this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State.