EDD_Request_for_Quote_110070.pdf

November 4, 2024

TO PROSPECTIVE BIDDERS

SUBJECT: REQUEST FOR QUOTE (RFQ) No. 110070

Information Technology Training Services

Term: April 1, 2025, or upon final approval, through March 31, 2027

The Employment Development Department (EDD) invites you to submit your bid for the above service in accordance with the attached specifications.

If you wish to bid, see the Instructions to Bidders. If you make any additions or modifications to the RFQ package, it may result in the rejection of your bid. The EDD reserves the right to reject any or all bids. Disabled Veteran Business Enterprise Participation and Incentive requirements are waived for this RFQ.

Bids must be received and date stamped in the Contracts Services Group no later than

November 26th, 2024 by 5:00 PM (PT)

If you have any questions, please do not hesitate to contact me.

/s/CORY BUTTLER Associate Contract Analyst

Enclosures

Employment Development Department

722 Capitol Mall, MIC 62-C Sacramento, CA 95814

Request for Quote No. 110070

Bid Due Date: November 26th, 2024 Time: 5:00 PM PT

Exhibit Pages

Instructions to Bidders ................................................................................ 1 - 9

A Scope of Work ........................................................................................... 1 - 3

B Budget Detail and Payment Provisions ...................................................... 1 - 2

Attachment B-1, Course List and Costs.….…………………………………… 1 - 4

C * General Provisions – Information Technology GSPD-401IT

D Special Terms and Conditions.................................................................... 1 - 2

E Cost Proposal …………………………………………………………………… 1 - 7

F Bidder Declaration ...................................................................................... 1 - 2

G Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion .................................................................................... 1 - 2

H California Civil Rights Laws Certification……………………………………… 1

I Certification Regarding Lobbying……………………………………………… 1 - 3

J Payee Data Record (STD 204).……………………………………………….. 1 - 2

K Payee Data Record Supplement (STD 205), if applicable………………… 1 - 2

L Generative Artificial Intelligence (GenAI) Factsheet (STD 1000)…………... 1 - 3

*View at: https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model- Language/IT/ITGeneralProvisions062122.pdf

RFQ No. 110070

STATE OF CALIFORNIA

EMPLOYMENT DEVELOPMENT DEPARTMENT

INSTRUCTIONS TO BIDDERS

REQUEST FOR QUOTE (RFQ) REQUEST

1. Submission of Bids

a. Failure to read these instructions, the Specifications and the Terms and Conditions included in this bid package will be at the bidder's risk. Written instruction(s) regarding the submission of bids shall take precedence over any verbal instruction(s).

b. Bidders shall complete, sign and return all of the following documents listed below:

Exhibit E Cost Proposal (including Course List and Costs)

Exhibit F Bidder Declaration

Exhibit G Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion

Exhibit H California Civil Rights Laws Certification

Exhibit I Certification Regarding Lobbying

Exhibit J Payee Data Record (STD 204)

Exhibit K Payee Data Record Supplement (STD 205) if applicable

Exhibit L Generative Artificial Intelligence (GenAI) Reporting and Factsheet

(STD 1000)

Copy of your current, valid Business License

If your company is a Corporation, Limited Liability Company (LLC), or Limited

Partnership (LP), you must provide your Secretary of State business entity status.

This shall be provided in the form of a screen capture or scanned printout from https://bizfileonline.sos.ca.gov/search/business showing “Active” status and good standing for your company.

c. Documents must be signed by an authorized representative of the bidder’s firm. The forms must be completed in ink or typewritten. If errors are made, they must be crossed out and corrections printed in ink or typewritten adjacent to error.

Corrections must be initialed in ink by person signing the bid forms.

d. The EDD reserves the right to reject any or all bids and may waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the solicitation documents, or excuse the bidder from https://bizfileonline.sos.ca.gov/search/business full compliance with the solicitation specification if awarded the contract. The EDD is not required to award an agreement.

e. Bid packages must be received and time stamped in Contract Services Group no later than 5:00 PM PT on the bid due date of November 26th, 2024. Signed copies of the completed bid package are to be emailed to:

E-mail:

BOPSDContractsExternal@edd.ca.gov

Faxed responses will not be accepted.

2. Online Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) Certification Process

California’s SB and DVBE firms can now file their applications and get certified online via the Department of General Services website at: https://www.caleprocure.ca.gov/pages/sbdvbe-index.aspx Small Businesses and DVBEs can access the numerous benefits that come along with certification in a more timely and efficient manner.

3. Replacement of Disabled Veteran Business Enterprise Subcontractors

For this agreement the DVBE incentive and participation requirement have been waived. 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 Agreement;

(2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Agreement 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 Agreement be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid 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 bid 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 bid 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 or PCC § 4110 (applies to public works only).

mailto:BOPSDContractsExternal@edd.ca.gov https://www.caleprocure.ca.gov/pages/sbdvbe-index.aspx https://www.caleprocure.ca.gov/pages/sbdvbe-index.aspx

4. Award of Contract

a. 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.

b. 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 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 its RFQ.

c. 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 paragraph 10, titled "Protests," of this document.

d. Award will be made to the lowest responsible bidder meeting specifications and offering to supply the services described. The firm submitting the lowest responsible bid may be required to submit evidence that they have available, as needed, sufficient resources to provide the necessary equipment and personnel to enable them to meet the requirements of the Contract, and may also be required to furnish information as to their financial responsibility.

e. It is understood and agreed that following the award of the Contract, the successful bidder shall agree to comply with all Exhibits attached herein, and provide the required documents requested (i.e., bonds, insurance certificates, etc.) in order for the EDD to complete the execution of a Standard Agreement (STD. 213).

f. Small Business/Microbusiness (SB/MB) and Small Business/Nonprofit

Veteran Service Agency (SB/NVSA) Certification Preferences

1. SB/MB and SB/NVSA Certification Preferences are applicable to the award of this contract.

2. Certified SB/MB and SB/NVSAs may claim preference when submitting a bid on this contract. The preference is equal to five (5) percent of the lowest responsible bid. When the lowest responsible bid is not submitted by a certified small business, the preference becomes applicable. Please note that the preference is used for computation purposes only (to a maximum amount of $50,000) in determining the successful bidder. It does not alter the amount of the resulting contract.

3. To learn more about the SB/MB and SB/NVSA Preference Programs and how your business might qualify, contact the Office of Small Business and DVBE Services at

(916) 375-4940.

g. California Certified Small Business Subcontractor Preference

A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code, Section 14837(d)(4).

The required list of California certified small business subcontractors must be attached to the bid response and must include the following: 1) subcontractor name; 2) address; 3) phone number; 4) a description of the work to be performed and/or products supplied; 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (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 no later than 5:00 p.m. on the bid due date, and the Office of Small Business and DVBE Services must be able to approve the application as submitted. Questions regarding certification should be directed to the Office of Small Business and DVBE Services at (916) 375- 4940.

h. Target Area Contract Preference Act (TACPA)

The TACPA preference will be available for this procurement. Bidders wishing to take advantage of this preference will need to review the following webpages and submit the appropriate response with the bid:

Target Area Contract Preference Act (TACPA) https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Request-a-Target-Area-Contract-Preference

Bidders wishing to take advantage of this preference are required to submit the following application/forms:

• TACPA Preference Request (STD 830)

• Manufacturer Summary of Contract Activities and Labor Hours (DGS/PD 526)

• Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 525) https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference

5. Rejection of Bids

a. If the bid is received after the exact time and date as stipulated in the bid package, the bid shall be rejected.

b. If it is found that a bidder is not responsible (i.e., has not paid taxes; has no business license; has submitted a bid when the bidder’s license is suspended on the bid due date and/or award of the contract, or during the proposed term of the Agreement;

submitted a bid without an authorized signature; falsified any information in the proposal package or has provided poor performance on a previous contract with EDD, etc.), the bid/proposal shall be rejected.

c. If it is found, upon license verification with the Contractor's State Licensing Board, that a bidder's license is suspended on the bid due date and/or award of the contract, or during the proposed term of the Agreement, the proposal shall be considered nonresponsive and shall be rejected.

d. The EDD reserves the right to reject any and all bids, and to waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the bid document or excuse the bidder from full compliance with the solicitation document specifications if awarded a contract.

6. Tie Bids

In the event of a tie between two bidders, a coin toss will be used to determine the winner.

Any coin toss shall be observed by witnesses, and the tied bidders would be invited to have representatives present.

7. Subcontractors

No subcontracting will be allowed to circumvent competitive bidding. A certified Small Business/Microbusiness, Small Business/Nonprofit Veteran Service Agency or a certified Disabled Veteran Business Enterprise will only be permitted to subcontract in order to meet Department requirements and/or preferences. The subcontracting services and amount shall not exceed 45 percent (45%) of the bid. The Contractor shall be solely responsible for fulfilling the requirements of the bid. If it is anticipated that subcontractors will be used, the bid must include the name(s) of person(s) or firm(s), and must specify the portions and monetary percentages of the work to be done by them.

8. Subcontractors Substitution

If EDD gives written approval to subcontract, the Public Contract Code, Section 4107 authorizes an awarding authority to consent to substituting a subcontractor when the subcontractor listed in the bid fails or refuses to execute a written contract for the Scope of Work specified in the subcontractor's bid, and at the price specified in the subcontractor's bid.

9. Disposition of Bids

All material submitted in response to this bid package will become the property of EDD and will become a public record after Award.

10. 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 contact 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.

If a bidder has submitted a bid which it believes to be responsive to the requirements of the RFQ and to be the bid that should have been selected according to the evaluation procedures in the solicitation and the bidder believes the State has incorrectly selected another bidder for award, the bidder may submit a protest of the selection as described below. Protests regarding selection of the “successful bidder” will be heard and resolved by the Victim Compensation and Government Claims Board whose decision will be final.

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:

Department of General Services Deputy Director

Procurement Division 707 Third Street, Second Floor South

West Sacramento, CA 95605 Facsimile No.: (916) 375-4611

All protests to the RFQ or protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by 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.

11. Conditions and Commitment

By signing and submitting a bid package, the bidder acknowledges it has read, understood, and agrees to the following provisions:

a. General Provisions – Information Technology GSPD-401IT available for viewing at:

https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model- Language/IT/ITGeneralProvisions062122.pdf

GSPD-451 Bidder Instructions available for viewing at:

http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf

b. Performing a Commercially Useful Function:

In accordance with Government Code Section 14837 and Military and Veterans Code, Section 999 all certified SB/MB or DVBE contractors, subcontractors and suppliers that bid on or participate in a state contract, regardless of whether it is a verbal or written solicitation must perform a Commercially Useful Function (CUF). A certified SB/MB or DVBE is deemed to perform a CUF if the business does all of the following:

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

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

• Performs work that is normal for this business services and functions.

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

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

c. Payee Data Record, STD. 204

California Revenue and Taxation Code, Section 18646 requires state agencies to file information tax returns (IRS Form 1099) for certain types of payments made to vendors. The successful bidder will be required to complete and submit a Payee Data Record, STD. 204 to EDD before processing payment for services. Upon completion of the work in a manner satisfactory to EDD, EDD agrees to make payments in accordance with the contract provisions.

d. California Taxpayer and Shareholder Protection Act of 2003

This solicitation and any resulting contract are subject to all requirements as set forth in the California Public Contract Code, Section 10286 which includes, but is not limited to, providing written submission of a declaration stating that the supplier is eligible to contract with the State of California pursuant to statutory requirements. Failure of the supplier to comply with and provide information, when requested by the awarding department within the time indicated, will cause the supplier's bid response to be considered nonresponsive and their bid will be rejected.

e. Registered To Do Business In California

Corporations, Limited Liability Companies (LLCs), and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded a contract.

The Secretary of State Certificate of Status must be included with the bid. The Secretary of State may be contacted as follows:

California Secretary of State

Division of Corporate Filing and Services 1500 Eleventh Street, Third Floor

Sacramento, CA 95814-5701 Certification Unit: (916) 657-5251

Required document(s) may also be obtained at the following website:

https://bizfileonline.sos.ca.gov/

f. Prohibition of Tax Delinquents from Contracting

The State of California is prohibited from entering into any contracts for the acquisition of goods and services with persons whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or Section 19195 of the Revenue and Taxation Code. Reference also Public Contract Code Section 10295.4.

Bidder certifies that it is not included on the California Department of Tax and Fee Administration list at: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm or the Franchise Tax Board list at: https://www.ftb.ca.gov/aboutFTB/Delinquent- Taxpayers.shtml.

g. Negotiating State Contracts

This solicitation and any resulting contract shall be subject to all requirements set forth in California Public Contract Code, Section 6611. The Department of General Services may negotiate contracts for goods, services, information technology and telecommunications if it is determined to be in the state's best interest.

h. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in California Business and Professions Code Section 17030.

i. Declaration Forms

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response.

Bidders who have been certified by California as a Disabled Veteran Business Enterprise Declaration (DVBE) (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration).

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The completed form should be included with the bid response. At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

j. Executive Order N-6-22 – Russia Sanctions

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. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or https://bizfileonline.sos.ca.gov/ https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/aboutFTB/Delinquent-Taxpayers.shtml https://www.ftb.ca.gov/aboutFTB/Delinquent-Taxpayers.shtml http://kepler.sos.ca.gov/ https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml http://www.boe.ca.gov/cgi-bin/deliq.cgi is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

k. Generative Artificial Intelligence (GenAI) Requirements

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 non-disclosure.

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.

EXHIBIT A

SCOPE OF WORK

(Standard Agreement)

1. PURPOSE

The Employment Development Department (EDD), Information Technology Branch (ITB) seeks to acquire a vendor who can provide both live online instructor-led and self-paced on demand IT Training.

The Contractor shall provide “as needed” IT Training courses for the EDD. A Blanket Purchase Agreement (BPA) (as it is unknown the quantity of courses needed for) shall be used for recurring services regardless of the size of individual orders.

2. PERIOD OF PERFORMANCE

The term shall begin upon final approval through two (2) years after execution date. The EDD may, at its sole option, elect to extend the contract for one (1) additional one (1) year term at the original rates assessed and considered specified in the Price List, Attachment

2. Any extension will be exercised at the sole discretion of the EDD and shall not be denied by the Contractor. However, the EDD is not obligated to use any or all of these options.

The Contractor shall not deliver or commence performance of services under this Contract until it has received written direction to do so from the EDD. Any services provided prior to direction from EDD shall be considered voluntary on the part of the Contractor.

3. AMOUNT OF CONTRACT

The total maximum amount of this contract will be $900,000.00. Price details are located in Attachment B-1, Course List and Costs.

In no event shall the total amount of the contract exceed the amount contained on the STD 213, and there is no obligation on the part of the EDD to utilize the entire amount.

4. AMENDMENTS

The State may, at its sole discretion, elect to amend to increase time and/or funding only.

The Contract term may be extended for one (1) additional one (1) year period. All amendments shall be processed utilizing the original rates evaluated in Attachment B-1, Course List and Costs and shall not be denied by the Contractor. The amended contract total shall not exceed $1,000,000.00.

The State is not obligated to use any or all of these options.

5. CONTRACTOR RESPONSIBILITIES

A. Provide training courses outlined in Attachment B-1, Course List and Costs, to enrolled individual participants. The EDD may, at its sole option, request training courses not specified in the Course List.

B. Designate a contract representative to work with EDD.

C. Work directly with the EDD Project Representative or designee. The EDD Project

Representative reserves the right to appoint key individuals within EDD to act in accordance with EDD procedures and the contract in their absence.

D. Notify the EDD Project Representative within three (3) business days or sooner if the following situations occur: a course is cancelled, any change of course date(s), or change of course content.

E. Work with designated EDD staff to ensure compliance with the SOW.

F. Provide course registration via email from the EDD Project Representative.

G. Provide a confirmation email notifying both the participants and the EDD Project

Representative of enrollment in the requested course within two (2) business days of registration.

H. Provide student workbook and/or hand-outs to each participant in a course. Digital course materials are also permitted.

I. Cancel the registration of an individual participant or group without charge, if at least ten (10) business days’ e-mail notification is provided by EDD prior to the first day of a confirmed course.

J. Allow participants to send substitution up to the first day of a course, at no additional charge to EDD.

K. Allow participants to make up the remainder of a course (make-up course) if they attend part of a course but are unable to complete it, at no additional charge to EDD.

L. Provide a certificate of completion to participants upon completion of the entire course.

Provide duplicate copies upon request via email, mail or in person.

M. The Contractor shall not accept any registration request without the EDD Project

Representative or designee authorization. This will be done through a single point of contact, an IT designated training registration coordinator of all the IT courses.

N. The Contractor shall commence performance of services on the date the standard agreement is executed.

O. The Contractor will submit invoices to the EDD Project Representative for review and approval. The Contractor will be reimbursed in arrears, upon submission of an acceptable invoice.

6. STATE RESPONSIBILITIES

A. Designate an EDD Project Representative to work with the Contractor to fulfill the requirements of the SOW.

B. Enroll employees in training courses via email.

C. Email cancellation notices to the Contractor. Email notifications must be sent at least ten (10) business days in advance of the first day of the confirmed training course. If ten (10) business days’ notice of cancelation is not provided by EDD, the Contractor may charge a cancelation fee equal to the price of the scheduled course.

D. In the event that a new course is added to available training courses it may be selected by EDD to attend after being agreed upon and approved by EDD.

E. Ensure substitute participants meet the prerequisites (if any) in order to attend the course.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. The EDD shall compensate the Contractor in consideration of services performed. The total amount of this Agreement shall not exceed Nine Hundred Thousand Dollars and Zero Cents ($900,000.00).

B. Upon satisfactory completion of the services to be performed, an invoice, in triplicate, in arrears shall be submitted no more frequently than monthly, including the following:

• The EDD Contract Number M110070-7100

• Identifies in details the goods, acquired, quantities, unit price, extension, description, etc.

• Sales tax and/or use tax as a separate line item from goods

• Identifies services (non-IT) provided, service period, unit price (i.e. hourly, monthly), and quantity applicable to the service

• Accurate billing address as stated on the purchase order or contract

• Supplier invoice date

• Company name and remittance address

The invoice must be submitted to the following:

Employment Development Department 800 Capitol Mall Street, MIC 58-1A

Sacramento, CA 95814 Or

Email to: ITBTrainingCoordinator@edd.ca.gov

2. Budget Contingency Clause

It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by the Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and/or the State of California, or any statue enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner.

mailto:ITBTrainingCoordinator@edd.ca.gov

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

The parties mutually agree that is the Congress and/or Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The EDD has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds.

3. California Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code §927, et seq.

ATTACHMENT B-1

COURSE LIST AND COSTS

# Course Number of Days SKU/Course Code COST

1 2019 Windows Server Administration 5 55371 2 Agile and DevOps - Agile for Product Owners 2 AGILE-PO 3 Agile and DevOps - Business Analysis in Agile Projects 2 BA-AGILE-PROJ 4 Agile and DevOps - Facilitating the Agile Culture Change 2 AGILE-CULTURE 5 Agile Bootcamp: ICP Fundamentals Certification 2 AGILE-BC-INTRO 6 Agile for Product Owners 2 AGILE-PO 7 Agile Leadership Workshop 2 AGILELEADER 8 Agile Portfolio and Program Management 2 APPM 9 Agile Scrum Foundation Certification 2 6916 10 Agile Team Facilitation 3 AGILEFACIL 11 API Management Fundamentals for Architects 2 WA2895 12 API Management Fundamentals for Architects 2 WA2895 13 ASP.NET Core MVC Development 5 55340 14 Business Analysis in Agile Projects 3 BA-AGILE-PROJ 15 Business Process Analysis 3 2818

16 Business Skills - Project Management Professional® (PMP) Certification Training

5 276

17 Business Value Analysis 2 BAVALUE 18 Certified ScrumMaster (CSM) 2 SCRUM-CERT 19 CISSP Training and Certification Exam Preparation 5 2058 20 Cloud Operations on AWS 3 AWS-SYS-OPS 21 Cloud Strategy Boot Camp 2 CLOUDSTRATBC 22 Collaborating and Communicating Agile Requirements 2 CC-AGILE-REQ

23 Developing Applications in C# .NET / .NET Core (Intermediate C#) | Patterns, Generics, Threading 5 CSHARP-DEV

24 Fundamentals of Software Testing 3 FUND-SOFT-TEST 25 Git and GitHub Bootcamp 2 GITHUB-BOOTC

26 IBM InfoSphere Data Replication - InfoSphere Change Data Capture Essentials 3 RETIRED

27 Intermediate C# and .Net Core - Patterns, Generics, Threading, Database, Entity Framework, UI & More

5 CSHARP-DEV

28 Introduction to Agile 1 INTRO-AGILE 29 Introduction to Selenium & Selenium Web Testing 3 TT3610 30 ITIL 4 Foundation Bridge Training 1 1195 31 ITIL 4 Strategist: Digital and IT Strategy 3 1285 32 ITIL 4 Strategist: Direct, Plan and Improve 3 1282 33 ITIL®4 Foundation 3 1199

34 Jumpstart to Python for Data Science 3 TTPS4873

35 JUMPSTART TO PYTHON FOR DATA SCIENCE 3 TTPS4873

36 Microsoft SharePoint 2016 Administration 5 55355

37 Project Management Professional (PMP) Exam Prep Boot Camp 4 2387

38 Salesforce - Discover Salesforce Fundamentals to Support Your Business 3 BSX101

39 Security - CISSP Training and Certification Exam Preparation

5 2058

40 Software Tester Certification Boot Camp 3 ST-CERT-BC

41 Snowflake Fundamentals 4 INNO-

SNOWFLAKE

42 Terraform - Infrastructure as a code 3 ALTA3-

TERRAFORM

43 Test Automation Boot Camp 2 TABC 44 Vendor Management 2 2456 45 VMware vSphere: Troubleshooting 5 EDU-VSTS8 46 Administer and Maintain Service Cloud 2 ADX261 47 Administer, Extend, and Automate Salesforce 4 ADX211

48 Administering Microsoft Endpoint Configuration Manager

5 55348

49 Attacking and Securing C# / ASP.Net Web Applications 4 TT8320-N 50 AWS - Advanced Developing on AWS 3 AWS-ADV-DEV 51 AWS - Architecting on AWS 3 AWS-ARCH 52 AWS - Building Data Lakes on AWS 1 AWS-DA-DL 53 AWS - Cloud Practitioner Essentials 1 AWS-CLD-ESS 54 AWS - Data Warehouseing on AWS 3 AWS-DATA-WH 55 AWS - Developing on AWS 3 AWS-DEV 56 AWS - Devops Engineering on AWS 3 AWS-DEV-OPS 57 AWS - Migrating to AWS 3 AWS-MIGRATE-3 58 AWS - Planning and Designing Databases on AWS 3 AWS-PD-DB 59 AWS - Security Best Practices 1 AWS-SEC-BP 60 AWS - Security Engineering on AWS 3 AWS-SEC-ENG 61 AWS - Security Essentials 1 AWS-SEC-ESS 62 AWS - Security Governance at Scale 1 AWS-SEC-GOV 63 AWS - Technical Essentials 1 AWS-T-ESS 64 AWS - Well-Architected Best Practices 1 AWS-WELLARCH 65 Basics of z/OS RACF Administration 4.5 ES19G

66 Build Applications Programmatically on the Salesforce Platform 5 DEX450

67 Building Data Analytics Solutions Using Amazon Redshift 1 AWS-DA-RS

68 AWS - Cloud Operations on AWS 3 AWS-SYS-OPS 69 CompTIA A+ Certification Prep Course 5 100287

70 CompTIA CASP+ Certification Prep Course Advanced Security Practitioner 5 2951

71 CompTIA CySA+ Certification Prep course - Cybersecurity Analyst 5 5867

72 CompTIA Security+ Certification Prep Course 5 3404 73 Computer Hacking Forensic Investigator 5 3401 74 Configure and Administer a Salesforce CPQ Solution 5 CPQ301 75 Cybersecurity Foundations 5 9701 76 Db2 12 for z/OS Advanced Database Administration 2 CV880G 77 DB2 12 for z/OS Basic Database Administration 3 CV844G 78 DB2 12 for z/OS Introduction to System Administration 3 CV853G 79 DB2 SQL Workshop 2 CE121G

80 Salesforce - Declarative Development for Platform App Builders in Lightning Experience

5 DEX403

81 Designing and Implementing Microsoft DevOps Solutions 4 AZ-400T00

82 Developing Solutions for Microsoft Azure 5 AZ-204T00 83 DevOps Implementation Boot Camp 3 DEVOPS-IMP-BC 84 IBM Engineering Workflow Management for Agile 1 ODC8150G 85 Introduction to Javascript 3 TT4110 86 Introduction to Programming 5 55337 87 JavaScript & JQuery Essentials 5 TT4115 88 Microsoft Power Apps for End Users 2 55265 89 Microsoft Power Platform Developer 5 PL-400T00 90 Microsoft Power Platform Fundamentals 1 PL-900T00 91 Microsoft Security Operations Analyst 4 SC-200T00

92 Microsoft Security, Compliance, and Identity Fundamentals

1 SC-900T00

93 Microsoft SharePoint Online for Administrators 3 55238 94 Microsoft SharePoint 2016 End User 3 55255 95 Networking with Windows Server 5 55343 96 Program Lightning Web Components 5 DEX602 97 Programming - Angular Essentials 3 TT4165

98 Programming - Attacking and Securing C# / ASP.Net Web Applications

4 TT8320-N

99 PYTHON FOUNDATIONS 3 TTPS4800

100 Querying Data with Microsoft Transact-SQL 2 DP-080T00 101 Red Hat System Administration I 5 RH124 102 Salesforce - Build Application Architect Expertise 4 ARC901

103 Salesforce - Build Applications Programmatically on the Salesforce Platform 5 DEX450

104 Salesforce - Build System Architect Expertise 4 ARC902 105 Salesforce - Administer and Maintain Service Cloud 2 ADX261

106 Salesforce - Administer, Extend, and Automate Salesforce 4 ADX211

107 Salesforce - Create and Manage Experience Cloud Sites 1 ADX271 108 Salesforce - Design and Build Integration Solutions 3 ARC101 109 Salesforce - Implement and Manage Tableau CRM 3 ANC301

110 Salesforce - Prepare for your Advanced Administrator Certification Exam 1 CRT211

111 Salesforce - Prepare for your Platform App Builder Certification Exam 1 CRT403

112 Salesforce - Prepare for your Platform Developer Certification Exam 1 CRT450

113 Salesforce - Programming Lightning Web Components 5 DEX602

114 Salesforce - Reporting Fundamentals in Lightning Experience 1 RPX101

115 Salesforce - Understand and Drive Your Salesforce Implementation

3 BSX101

116 Salesforce Essentials for New Lightning Experience Administration

5 ADX201

117 SAS Enterprise Guide 1: Querying and Reporting 2 EG182 118 SAS Programming 1:Essentials 3 PG1V2 119 SAS® Programming 2: Data Manipulation Techniques 2 PG2V2 120 SAS® Programming 3: Advanced Techniques 2 PG3M6 121 Secure Web Application Development Seminar 2 TT8120 122 SharePoint Online Power User 4 55215 123 SQL Server Integration 5 55321 124 VMware vSphere: Install, Configure, Manage 5 EDU-VSICM8

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

A. SETTLEMENT OF DISPUTES

In the event of a dispute between EDD and the Contractor over any part of this Agreement, the dispute may be submitted to non-binding arbitration upon the consent of both EDD and the Contractor. An election for arbitration pursuant to this provision shall not preclude either party from pursuing any remedy for relief otherwise available.

B. FORCE MAJEURE

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows:

Acts of war (e.g., riots and strikes) and acts of God (e.g., such as earthquakes, floods, and other natural disasters) such that performance is impossible.

C. AGENCY LIABILITY

The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

D. WORKFORCE INNOVATION AND OPPORTUNITY ACT

Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR, Parts 37 and 38.

E. ADVANCE WORK

Should the Contractor begin work before receiving a copy of the approved Agreement, any work performed before approval shall be considered as having been done at the Contractor's own risk and as a volunteer.

F. TERMINATION CLAUSE

This Agreement may be terminated by EDD by notifying the Contractor in writing 30 days prior to the effective date of termination.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

G. EXECUTIVE ORDER N-6-22- RUSSIAN SANCTIONS

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 the 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 the Contractor advance written notice of such termination, allowing the Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

H. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REQUIREMENTS

During the term of the Agreement, Contractor must notify the State in writing if their services or any work under this Agreement includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors.

Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the Agreement by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the Agreement. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the Agreement, without additional cost, to incorporate GenAI Special Provisions into the Agreement at its sole discretion and/or terminate any Agreement that presents an unacceptable level of risk to the State.

EXHIBIT E

COST PROPOSAL

The undersigned Contractor hereby proposes to furnish all labor, materials, tools and equipment, and hold licenses necessary to provide Information Technology Training Services for the Employment Development Department (EDD) employees in accordance with the Specifications and provisions received with the RFQ for the Total Evaluated Rate of:

________________________________________ _____________Dollars ($ ).

In order to submit a quote, the Contractor must offer all courses listed on Page 3 through 6, Course List and Costs. For each course offered, enter the "per enrollee" cost, then add up the total dollar amount of all courses offered. This total (the Total Evaluated Rate) will only be used for determining the winning bid and will not have any bearing on the actual amount of the awarded Contract or the amount paid to the Contractor. The individual "per enrollee" rates for each course will be incorporated into the awarded Contract, and shall be effective for the entire Contract term. These individual rates shall be considered full compensation for all provided labor and associated costs.

Inclusion of Pages 3 throguh 6, Course List and Costs, is required with your submitted bid quote. Every line on Pages 3 through 6, Course List and Costs, must be completed in full on the page itself.

Bidder's Firm Name (DBA)

Business Address

City/State ZIP

Telephone Number (_______)_______________ FAX Number (_______)________________

E-Mail Address __________________________

Type of Business: � Individual � Partnership � Corporation � Association

Contractor's Federal ID Number (preferred) or SSAN ___________________________________

California Employer Account Number _______________________________________________

Small Business (SB)/Nonprofit Veteran Service Agency* � Yes � No

Small Business (SB)/Microbusiness Certification* � Yes � No

*If claiming any of the preferences above, provide your Office of Small Business and DVBE Services Certification Reference Number__________________.

Principal who is authorized to bind the bidder:

Typed Name

Title

Signature Date

Contractor’s contact person shall be:

Name and Phone Number

Bids must be submitted no later than 5:00 p.m., on November 26, 2024.

Course List and Costs

# Course Number of Days SKU/Course Code COST

1 2019 Windows Server Administration 5 55371 2 Agile and DevOps - Agile for Product Owners 2 AGILE-PO 3 Agile and DevOps - Business Analysis in Agile Projects 2 BA-AGILE-PROJ 4 Agile and DevOps - Facilitating the Agile Culture Change 2 AGILE-CULTURE 5 Agile Bootcamp: ICP Fundamentals Certification 2 AGILE-BC-INTRO 6 Agile for Product Owners 2 AGILE-PO 7 Agile Leadership Workshop 2 AGILELEADER 8 Agile Portfolio and Program Management 2 APPM 9 Agile Scrum Foundation Certification 2 6916 10 Agile Team Facilitation 3 AGILEFACIL 11 API Management Fundamentals for Architects 2 WA2895 12 API Management Fundamentals for Architects 2 WA2895 13 ASP.NET Core MVC Development 5 55340 14 Business Analysis in Agile Projects 3 BA-AGILE-PROJ 15 Business Process Analysis 3 2818

16 Business Skills - Project Management Professional® (PMP) Certification Training 5 276

17 Business Value Analysis 2 BAVALUE 18 Certified ScrumMaster (CSM) 2 SCRUM-CERT 19 CISSP Training and Certification Exam Preparation 5 2058 20 Cloud Operations on AWS 3 AWS-SYS-OPS 21 Cloud Strategy Boot Camp 2 CLOUDSTRATBC 22 Collaborating and Communicating Agile Requirements 2 CC-AGILE-REQ

23 Developing Applications in C# .NET / .NET Core (Intermediate C#) | Patterns, Generics, Threading 5 CSHARP-DEV

24 Fundamentals of Software Testing 3 FUND-SOFT-TEST 25 Git and GitHub Bootcamp 2 GITHUB-BOOTC

26 IBM InfoSphere Data Replication - InfoSphere Change Data Capture Essentials 3 RETIRED

27 Intermediate C# and .Net Core - Patterns, Generics, Threading, Database, Entity Framework, UI & More 5 CSHARP-DEV

28 Introduction to Agile 1 INTRO-AGILE 29 Introduction to Selenium & Selenium Web Testing 3 TT3610 30 ITIL 4 Foundation Bridge Training 1 1195 31 ITIL 4 Strategist: Digital and IT Strategy 3 1285 32 ITIL 4 Strategist: Direct, Plan and Improve 3 1282 33 ITIL®4 Foundation 3 1199

34 Jumpstart to Python for Data Science 3 TTPS4873

35 JUMPSTART TO PYTHON FOR DATA SCIENCE 3 TTPS4873

36 Microsoft SharePoint 2016 Administration 5 55355

37 Project Management Professional (PMP) Exam Prep Boot Camp 4 2387

38 Salesforce - Discover Salesforce Fundamentals to Support Your Business 3 BSX101

39 Security - CISSP Training and Certification Exam Preparation 5 2058

40 Software Tester Certification Boot Camp 3 ST-CERT-BC

41 Snowflake Fundamentals 4 INNO-

SNOWFLAKE

42 Terraform - Infrastructure as a code 3 ALTA3-

TERRAFORM

43 Test Automation Boot Camp 2 TABC 44 Vendor Management 2 2456 45 VMware vSphere: Troubleshooting 5 EDU-VSTS8 46 Administer and Maintain Service Cloud 2 ADX261 47 Administer, Extend, and Automate Salesforce 4 ADX211

48 Administering Microsoft Endpoint Configuration Manager 5 55348

49 Attacking and Securing C# / ASP.Net Web Applications 4 TT8320-N 50 AWS - Advanced Developing on AWS 3 AWS-ADV-DEV 51 AWS - Architecting on AWS 3 AWS-ARCH 52 AWS - Building Data Lakes on AWS 1 AWS-DA-DL 53 AWS - Cloud Practitioner Essentials 1 AWS-CLD-ESS 54 AWS - Data Warehouseing on AWS 3 AWS-DATA-WH 55 AWS - Developing on AWS 3 AWS-DEV 56 AWS - Devops Engineering on AWS 3 AWS-DEV-OPS 57 AWS - Migrating to AWS 3 AWS-MIGRATE-3 58 AWS - Planning and Designing Databases on AWS 3 AWS-PD-DB 59 AWS - Security Best…