EEEO90124_-_IFB_-_Workplace_Investigations_Final.pdf

MALIA M. COHEN

California State Controller

May 9, 2024

INVITATION FOR BID (IFB) EEEO90124

WORKPLACE COMPLAINT INVESTIGATOR SERVICES

Bidders are invited to review and respond to the State Controller’s Office (SCO) Invitation for Bid (IFB) Number EEEO90124 for Workplace Complaint Investigator Services. To submit a bid for these services, the Bidder must comply with the instructions contained in this document as well as with the requirements stated in the Standard Agreement, Exhibit A, Scope of Work. By submitting a bid, the bidding firm agrees to the terms and conditions stated in this IFB.

Read the attached document carefully. The Bidder is solely responsible for ensuring that SCO receives the complete bid in accordance with the Bid requirements, prior to the date and time specified in the solicitation. Bids received after the specified deadline will not be considered for review. SCO shall not be responsible for any delays in submittal, to include misdelivery. SCO reserves the right to cancel this IFB without cause, at any time prior to award.

Bidders are advised to check the Cal eProcure website for addendums, modifications, and updates to the Bid documents. SCO is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure. Failure to check the website periodically will be at the Bidder’s sole risk.

If a discrepancy occurs between the information in the advertisement appearing on the Department of General Services, California State Agreements Register (CSCR) on the Cal eProcure website:

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx, and the information in the herein IFB, the information in the attached IFB shall take precedence.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Agreement-Language. If you do not have internet access, a hard copy can be provided.

In the opinion of SCO, this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please send an email to SCOBids@sco.ca.gov by the Written Questions Submittal Deadline in Section C, Bid Requirements and Information, Item 1. Key Action Dates.

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

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:SCOBids@sco.ca.gov

State Controller's Office IFB Number EEEO90124

TABLE OF CONTENTS

A. Purpose and Description of Services B. Bidder Qualifications C. Bid Requirements and Information

1) Key Action Dates

2) Written Questions and Answers

3) Submission of Bids…………………………………………………………………………………………………..5

4) Evaluation and Selection……………………………………………………………………………………………7

5) Award and Protest

6) Disposition of Bids…………………………………………………………………………………………………...8

7) Agreement Execution and Performance…………………………………………………………………………..8

D. Participation, Preference, and Incentive Programs ……………………………………….…………………………8

1) Disabled Veteran Business Enterprise (DVBE) Program Participation

2) Disabled Veteran Business Enterprise (DVBE) Incentive……………………………….……………………. .. 9

3) Small Business (SB) Preference Program………………………………………………….……….………….. 10

4) Non-Small Business Preference Request………………………………………………………….…………… 10

E. Background Checks…………………………………………………………………………………………………...10 F Required Attachments……………………………………………………………………………………………… .. 11

Attachment 1, Required Attachment Checklist…………………………………………………………………… . 12 Attachment 2, Bidder Certification Sheet…………………………………………………………………………. .. 13 Attachment 3, Cost Worksheet….….……………………………………………………………………………… .. 15 Attachment 4, Contractor Point of Contact……………………………………………………………………….. . 17 Attachment 5, Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205*) Attachment 6, Contractor Certification Clauses (CCC 4/2017)……………………………….……………… Attachment 7, Bidder Declaration (Written) (GSPD-05-105) Attachment 8, California Secretary of State Certification of Status*………………………………………… Attachment 9, Disabled Veteran Business Enterprise (DVBE) Declarations (DGS PD 843)* Attachment 10, Darfur Contracting Act Certification* Attachment 11, California Civil Rights Laws Certification (DGS OLS 4) ….….….……………………………. . 18 Attachment 12, Generative Artifiicial Intelligence (GenAI) Disclosure & Factsheet (STD 1000)……………...19 Attachment 13, Bidding Preferences and Incentives…………………………………………………………….. . 20 Attachment 14, Insurance Acknowledgment……………………………………………………………………… . 21 Attachment 15, Acknowledgement of Agreement Exhibits and Policies……………………………………

Attachment 16, Contractor/Consultant Confidentiality and Non-Disclosure Acknowledgement (ISO-004b). . 23

Attachment 17, Contractor/Consultant Information Security Agreement (ISO-004c)…………...……………. 24 Attachment 18, Investigative Service Case History………………………………………………………………..26

Sample Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit A, Attachment 1 – Work Plan Document Exhibit A, Attachment 2 – Work Plan Acceptance Document Exhibit B – Budget Detail and Payment Provisions Exhibit B, Attachment 1 – Cost Worksheet Exhibit C – General Terms and Conditions (GTC 04/2017)** Exhibit D – Special Terms and Conditions

*Submit only if applicable ** Incorporated by reference

A. Purpose and Description of Services

The State Controller's Office (SCO) is seeking a Contractor to provide Complaint Investigator Services for the purpose of investigating Equal Employment Opportunity (EEO), Americans with Disabilities Act “Amendment Act” or “Act” of 2008 (ADAAA) (AB 2222; Chapter 1049, Statutes of 2000), Fair Employment and Housing Act (FEHA), Violence in the Workplace, and Sexual Harassment complaints filed against SCO.

Investigators must have experience investigating these types of complaints in the government and/or private sector. Investigators may be required to assist in depositions and to appear in court as a witness.

The investigator(s) MUST maintain strict neutrality toward all parties throughout each investigation and during any resulting actions. All cases are strictly confidential; release of any information to unauthorized personnel, either within SCO or outside of SCO will result in immediate termination of the Agreement and any other actions available to the State under state law. SCO, Chief Legal Counsel will make the decision to release any information regarding investigations.

See Agreement, Exhibit A, Scope of Work (SOW), for the complete description of services.

Agreement Term

The term of the Agreement will be for a period of three years upon agreement execution with the options to amend to add funds, add or remove locations, and increase or reduce the frequency of services as deemed necessary by SCO. The rates quoted on Attachment 3, Cost Worksheet will not increase as a result of any amendment to the Agreement. The Agreement may be terminated by SCO with 30 days’ written notice to the Contractor.

Contractors are cautioned that no work will begin until the Agreement has been fully executed. If work is performed prior to agreement approval, and the Agreement for any reason is not approved, all previous work performed by the Contractor is considered donated to SCO and no payment shall be made for that work.

Agreement Amount

The Contractor and SCO Representatives are responsible for monitoring the agreement cost to ensure it does not exceed the maximum amount of the Agreement without an executed amendment.

B. Bidder Mandatory Qualifications

In order to be responsive to this IFB, the following bid requirements must be met. Bidders who do not meet all of these qualifications may be considered non-responsive and may be disqualified. participating.

1. Administrative Requirements:

a. Completion of all required Attachments listed on Attachment 1, Required Attachment Checklist.

b. Attachment 2, Bidder Certification Sheet, the Bidder must complete, sign, and return the Attachment.

The Bidder will include any supporting documentation (references, certifications, licenses, insurance acknowledge, etc.) necessary to validate the Bidder’s qualifications.

Attachment 2 must be signed by an individual authorized to bind the business contractually and must identify the title or position that the individual holds in the business.

c. The Bidder must complete and submit, Attachment 18, Investigative Service Case History, providing details of the last 50 cases within the last 5 years, with 45 being Civil Rights cases (Title VII of the Civil Right Act, ADA and FEHA), and 5 being litigation cases that have been completed performing similar types of services as stated in this IFB.

2. Licenses and Certifications:

a. The Bidder must provide a copy of either a license from the State of California, a certificate as an

EEO and ADAAA investigator, or active bar license for each investigator and attorney.

b. The Bidder must provide copy of a valid California city or county business license (if applicable); or, if a corporation located within the State of California, incorporation documents; or letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which business is headquartered.

c. Bidders shall obtain, at their expense, all license(s) or permits required by law for accomplishing any work required in connection with this Agreement.

d. All licenses must remain valid for the term of the Agreement. In the event that any license or certification expires at any time during the term of this Agreement, the Contractor agrees to provide SCO a copy of the renewed license within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required licenses, SCO may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

3. Location:

Bidder must be located within a 50-mile radius from SCO Headquarters, located at 300 Capitol Mall, Sacramento CA 95814. The majority of the work will be performed remotely via Microsoft Teams in the Sacramento and Rancho Cordova areas at one of the main sites of SCO. On occasion, in-person investigations may need occur.

C. Bid Requirements and Information

1. Key Action Dates

Event Date IFB available to Prospective Bidders May 9, 2024 Written Questions Submittal Deadline May 16, 2024 by 2:00 PM PT* Written Questions and Answers Released May 20, 2024 Final Date for Bid Submission May 31, 2024 by 2:00 PM PT** Evaluation of Bids June 3-5, 2024 Cost Opening June 6, 2024 at 2:00 PM PT Notice of Intent to Award June 10, 2024 Proposed Award Date June 17, 2024 Estimated Contract Start Date July 1, 2024

*Pacific Time (PT)

**Dates after Final Date of Bid Submission are estimates only and may be subject to change. SCO will adhere to the listed dates as strictly as possible but will not be held accountable for changes due to unforeseen circumstances.

2. Written Questions and Answers

a. Bidders may submit questions for clarification of the content of this IFB to SCOBids@sco.ca.gov.

b. Questions must be submitted by the date and time specified in Section C, Bid Requirements and

Information, Item 1. Key Action Dates.

c. The subject line of the email should read, IFB EEEO90124 Questions – Company Name.

d. The Bidder must reference the section and page number about which they are inquiring.

e. Written Questions and Answers will be provided without identifying the submitter. At the sole discretion of SCO, SCO may paraphrase questions for clarity.

f. Questions and Answers will be issued via an addendum to this IFB posted to Cal eProcure on or before the Written Questions & Answers Released date specified in Section C. Bid Requirements and Information, 1. Key Action Dates.

3. Submission of Bid

a. Bidders must submit their bids in portable document format (PDF) to SCOBids@sco.ca.gov by the date and time specified in Section C, Bid Requirements and Information, Item 1. Key Action Dates.

All bids must be submitted in at least two separate emails. Subject line must include the IFB number, Title, and be marked Bid or Cost.

1) Email #1 (Bid) must include the Bidder’s submission in PDF format with the subject line identifying the submission as BID—Company Name. Bids must be formatted for 8 1/2” x 11” paper with all pages consecutively numbered, each required element clearly identified, and in the sequence presented in this IFB.

2) Email #2 (Attachment 3, Cost Worksheet) must include the Bidder’s cost in PDF format with the subject line identifying the submission as COST—DO NOT OPEN. The Cost email shall remain unopened and separate from the sealed bid email until the public cost opening.

3) Email Requirements:

a) Bidders shall ensure that emails do not exceed a file size of 20 megabytes.

b) Bidders shall ensure that emails do not contain scripts, executable files, password protection, or macros, which may make their emails undeliverable.

c) Do not imbed links within the PDF—all documents must be contained within the PDF. SCO cannot access links to external sources. Bids containing links to external sources will be rejected.

d) If email #1, identified as BID, should exceed acceptable file size, the Bidder shall split the email into multiple emails to ensure delivery.

e) Bid submissions that are sent from unrecognized email servers may be blocked by SCO security filters and be flagged as spam, thereby rendering them unsubmitted. Successful email submissions will receive an automatic reply from SCOBids@sco.ca.gov.

f) LATE BID SUBMISSIONS WILL NOT BE ACCEPTED—NO EXCEPTIONS.

b. Bids not submitted in two separate emails and marked as indicated may be rejected.

c. If the Bid is made under a fictitious name or business title, the actual legal name of the Bidder must be provided.

d. All bids shall include the documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper required attachments may be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

e. It is the Bidder’s responsibility to provide all necessary information for SCO to evaluate the Bid, verify requested information, and determine the Bidder’s ability to perform the services defined in the Agreement, Exhibit A, Scope of Work, Exhibit A, Attachments 1 and 2 and IFB Attachment 3, Cost Worksheet.

f. All documents requiring a signature must bear a signature of a person authorized to bind the bidding firm.

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

h. SCO may reject any or all bids. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind.

i. SCO may waive an immaterial deviation in a bid. SCO waiver of an immaterial deviation shall in no way modify the IFB document or excuse the Bidder from full compliance with all requirements if awarded the Agreement.

j. Costs incurred for developing bids 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.

k. An individual who is authorized to bind the Bidder contractually shall sign Attachment 2, Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

l. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the Final Date for Bid Submission. A bidder’s modification offered in any other manner, oral or written, will not be considered.

m. A bidder may withdraw its bid by submitting a written withdrawal request to SCO, signed by the Bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the Final Date for Bid Submission. Bids may not be withdrawn without cause subsequent to the Final Date for Bid Submission.

n. SCO may modify the IFB prior to the Final Date for Bid Submission by issuing an addendum that shall be posted to Cal eProcure.

o. SCO reserves the right to reject all bids. SCO is not required to award an agreement.

p. Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

q. SCO does not accept alternate agreement language from a prospective contractor. A bid with such language will be considered a counterproposal and will be rejected. The State’s General Terms and Conditions (GTC 04/2017) are not negotiable.

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

4. Evaluation and Selection

a. During Evaluation of Bids, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

b. SCO will evaluate each bid to determine its responsiveness to the published requirements.

c. Bids that contain false or misleading statements that do not support an attribute or condition claimed by the Bidder, may be rejected.

d. The Cost Opening will occur via Microsoft Teams. All bidders will be sent an invite to attend via the contacts listed on Attachment 4, Contractor Point of Contact in the Bid submission.

e. To request an invitation to the Cost Opening for anyone not bidding or listed on Attachment 4, Contractor Point of Contact, please email request to SCOBids@sco.ca.gov by Final Date for Bid Submission identified in Section C, Bid Requirements and Information, Item 1. Key Action Dates.

f. Invitations to the Cost Opening will be sent as an email meeting notice with the Microsoft Teams link the morning of the Cost Opening identified in Section C, Bid Requirements and Information, Item 1.

Key Action Dates.

g. Award of an agreement resulting from this IFB will be made to the responsible and responsive bidder submitting the lowest total cost.

h. In the event of a precise tie, if Government Code (GC) Section 14838(f) does not apply to the

Bidders, a witnessed coin toss will be conducted by the Procurement Official. If a coin toss is needed, the Procurement Official will schedule and arrange for the coin toss and non-partisan witnesses, notifying the participating bidders of the outcome of the coin toss.

5. Award and Protest

a. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be notified by email, overnight courier, or personal delivery five working days prior to the award of the Agreement.

b. If requested in writing by any bidder who has submitted a bid a notice of the proposed award shall be posted in a public place in the SCO, 300 Capitol Mall, 15th Floor, Sacramento, CA 95814, and on the Small Business and Disabled Veteran Business Enterprises Advocate and Liaison page on SCO Website under “Notice of Intent to Award Agreement” at:

https://www.sco.ca.gov/sco_sb_dvbe_advocate.html for five working days prior to awarding the Agreement. If SCO is awarding to the lowest responsible bidder, and no requests have been made to publicly post a letter of intent, the SCO may award the contract without delay.

c. If any bidder, prior to the award of agreement, files a written protest with SCO and the Department of

General Services (DGS), Office of Legal Services, Attention: Bid Protest Coordinator, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, email: OLSProtests@dgs.ca.gov on the grounds that the (protesting) Bidder is the lowest responsive responsible bidder, the Agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. It is suggested that you submit any protest by certified or registered mail.

mailto:SCOBids@sco.ca.gov https://www.sco.ca.gov/sco_sb_dvbe_advocate.html mailto:OLSProtests@dgs.ca.gov

d. Within five days after filing the protest, the protesting bidder shall file with the DGS, Office of Legal Services and the SCO, a detailed written statement specifying the grounds for the protest with DGS, OLS, and SCO. The written protest must be sent to DGS, OS, 707 Third Street, 7th Floor, Suite 7- 330, West Sacramento, CA 95605. A copy of the detailed written statement must be emailed to SCO, at SCOBids@sco.ca.gov, Attention: Contracts Office.

6. Disposition of Bids

a. Upon bid opening, all documents submitted in response to this IFB will become the property of the

State of California and will be regarded as public records under the California Public Records Act GC Section 6250 et seq. and subject to review by the public.

b. Bid packages may be returned only at the Bidder's expense, unless such expense is waived by the

SCO.

7. Agreement Execution and Performance

a. Service shall start on the express date set by SCO and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, SCO - upon five days’ written notice to the Contractor - reserves the right to terminate the Agreement.

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

Agreement.

D. Participation, Preference, and Incentive Programs

The following Preference and Incentive Programs may be combined but will not exceed a combined total of 15 percent of the Bid amount or $100,000 per bid, whichever is less. No bid price will be reduced by more than $100,000, and all preference and incentive cost adjustments are for bid evaluation purposes only and do not alter the actual cost offered by the Bidder.

A Small Business (SB)/Microbusiness (MB) and a Disabled Veteran Business Enterprise (DVBE) must have current and valid certification through the DGS, Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS). Completed certification applications and required support documents must be submitted to OSDS no later than 5:00 p.m. PT on the Final Date for Bid Submission and OSDS must be able to approve the application as submitted.

For certification and preference approval process information, contact OSDS by telephone at

(916) 375-4940 or access OSDS Internet website 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.

In compliance with GC Section 14837 and Military & Veterans Code (M&VC) Section 999, certified SB/MB and DVBE contractors must perform a commercially useful function (CUF).

1. Disabled Veteran Business Enterprise (DVBE) Program Participation

In accordance with Public Contract Code Section 10115, et seq., and M&VC Section 999, et seq., every bidder must comply with the DVBE agreement participation requirements.

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

The DVBE Participation Program requirements for this solicitation have been waived. However, SCO is committed to achieving legislatively established goals for the participation of DVBEs and seeks to use certified DVBE business whenever possible. Therefore, SCO requests the Bidder’s voluntary participation in reporting any certified DVBEs that will be used in the performance of this contract. Each listed certified DVBE must perform a CUF in the performance of the Contract as defined in GC Section 14837(d)(4).

2. Disabled Veteran Business Enterprise (DVBE) Incentive

Firms voluntarily utilizing DVBE subcontractors can have an incentive applied based on their level of DVBE participation identified in the Bid response, not to exceed five percent. The DVBE Incentive is for bid computation purposes only and is only applied to responsive bids from responsible bidders proposing DVBE participation. Information and instructions on the DVBE Incentive are found at:

https://www.dgs.ca.gov/- /media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257

A3ED083F3DBB85ECEEB37013CBCF0545C

The incentive shall be applied as follows:

DVBE Participation Level Incentive Applied

3.01 – 3.49% 1%

3.5 – 3.99% 2%

4.0 – 4.49% 3%

4.5 – 4.99% 4%

5.0 OR MORE 5%

a. The incentive is subject to a minimum of one percent and a maximum of five percent. Bids with DVBE participation of more than five percent will be calculated with a five percent incentive.

b. The DVBE Incentive is computed from the lowest responsive and responsible bid price.

c. The required list of California certified DVBE subcontracts must be provided on Attachment 7, Bidder

Declaration (Written) (GSPD-05-105) and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the distinct element of 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.

d. A signed Disabled Veteran Business Enterprise Declarations DGS PD 843 must be submitted with the Proposal response. The fill and print form is available at this link:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf. The form must be completed if a proposer is a DVBE or subcontracts to a DVBE.

e. Application of the DVBE incentive CANNOT displace a California Certified Small Business.

f. Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their proposal per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the Proposal and approved DVBE substitutions will be documented by agreement amendment.

https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

g. Failure of the Contractor to seek substitution and adhere to the DVBE participation level identified in the Proposal may be cause for agreement termination, recovery of damages under rights under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9, PCC § 10115.10, or PCC § 4110 (applies to public works only).

h. When the awarded contractor has a certified DVBE perform an element of work for the Agreement, the awarded contractor shall complete a Prime Contractor’s Certification - DVBE Subcontractor Report (STD 817) within 60 days of expiration of the Agreement and submit to SCO.

3. Small Business (SB) Preference Program

a. Current law encourages state departments to first consider first a SB/MB Enterprise for contracting opportunities. SCO is committed to supporting SB/MB participation in state contracting and seeks to use certified SBs/MBs whenever possible.

b. California GC Section 14835, et seq., requires that a five percent preference be given to bidders who certify as a SB/MB. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

c. The SB preference provides certified SBs and MBs a calculation preference in the amount of five percent of the lowest cost, responsible, and responsive bid. The SB/MB Preference may not exceed $50,000 for any bid. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the Bidder.

4. Non-Small Business Preference Request

a. A five percent bid preference is available to a non-small business claiming 25 percent California certified SB subcontractor participation. If claiming the non-small business subcontractor preference, the Bid response must include a list of the small business(es) with which the Bidder commits to subcontract in an amount of at least 25 percent of the net bid price with one or more California certified SB/MBs. Each listed certified SB must perform a CUF in the performance of the Agreement as defined in GC Section 14837(d)(4).

b. The required list of California certified SB subcontracts must be provided Bidder Declaration

(Written) (GSPD-05-105) and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the distinct element of 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.

c. In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000.

This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the Bidder.

d. A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS

OSDS as a SB/MB enterprise.

5. Ties between Certified SB/MB and DVBE Businesses

Per GC 14838(g), in the event of a precise tie between the bid of a SB/MB and the bid of a DVBE that is also a SB/MB, the award shall go to the DVBE that is also a SB/MB.

E. Background Checks

1. This agreement requires the proposed dedicated key staff performing the services of this IFB that will https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf have access to SCO data to pass a Live Scan background check. Upon notice of award of this agreement, SCO will provide the Contractor all necessary forms and locations for each proposed key staff to complete the Live Scan background check process.

a. If proposed key staff are located in the Sacramento area, they must be fingerprinted at SCO.

b. If proposed key staff are located outside the Sacramento area, but in California, they may go to a

Live Scan location of their choosing.

c. If proposed key staff are located outside California, they must go to a local law enforcement agency to request completion of a standard FBI applicant fingerprint card (FD-258) provided by SCO and mail completed forms and FD-258 back to SCO. SCO will be responsible for payment of Live Scan background check fees. In case of charges at non-SCO locations, the Contractor shall submit receipts for any charges or postage related to Live Scan background checks for reimbursement.

2. Live Scan background checks must be completed and passed prior to beginning work on the

Agreement. If a Contractor’s proposed key staff does not pass the Live Scan background check process, the Contractor must replace the proposed individual with a new candidate within seven days that meets or exceeds all requirements stated in Section B.2. At SCO discretion, SCO may deny award of the Agreement subject to failed Live Scan background checks. Contractors and the proposed key staff will be held to the same Live Scan background check standards as SCO employees.

3. The Contractor shall ensure that each proposed key staff under the Agreement are made aware of, understand, and comply with the provisions of SCO Live Scan background checks. Any additional or replacement individuals added to the Agreement will be subject to the same terms.

F. Required Attachments

This bid package requires completion of all Attachments referenced on the required Attachment 1, Required Attachment Checklist. Exclusion of any required attachments may result in bidder’s disqualification.

ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

Bidder’s Name: ___________________________________________________ (Please print clearly or type)

A complete bid or bid package will consist of the items identified below.

Complete, sign, and date this checklist to confirm the items in your bid. Please initial in the Submitted to SCO box next to each item that you are submitting to SCO. For your bid to be responsive, all required attachments must be returned. Further review is subject to SCO discretion. This checklist must be signed and returned with your bid submission.

Requirement Description Submitted to SCO Attachment 1 Required Attachment Checklist Attachment 2 Bidder Certification Sheet Attachment 3 Cost Worksheet (Submit in a separate email) Attachment 4 Contractor Point of Contact Attachment 5 Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205*) Attachment 6 Contractor Certification Clauses (CCC 04/2017) Attachment 7 Bidder Declaration (Written) (GSPD-05-105) Attachment 8 Secretary of State Certification of Status* Attachment 9 Disabled Veteran Business Enterprise (DVBE) Declarations (DGS PD 843)*

Attachment 10 Darfur Contracting Act Certification (DGS PD 1)*

Attachment 11 California Civil Rights Laws Certification (DGS OLS 04) Attachment 12 Generative Artificial Intelligence (GENAI) Disclosure & Factsheet (STD 1000) Attachment 13 Bidding Preferences and Incentives Attachment 14 Insurance Acknowledgement Attachment 15 Acknowledgement of Agreement Exhibits and Policies Attachment 16 Contractor/Consultant Confidentiality and Non-Disclosure Acknowledgement

(ISO-004b)

Attachment 17 Contractor/Consultant Organization Information Security Agreement (ISO-004c) Attachment 18 Investigative Service Case History

Additional Requirement Licenses and Certification

Additional Requirement

Copy of valid California city or county business license (if applicable); or an affidavit that the business is in good standing with the state, province, or country in which business is headquartered

Additional Requirement* California Certified SB/MB and/or DVBE Certification (provide copy)

*Submit only if applicable.

Authorized Signature and Title Date

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

Bidder’s Name: _____________________________________________________ Please print clearly or type.

Complete and return this attachment with the bid submission. An individual authorized to bind the bidding firm contractually shall sign Attachment 2, Bidder Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned Bidder Certification Sheet may be rejected.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Cost Worksheet.

B. All required attachments are included with this certification sheet and the Bid submission.

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.

1. Company Name 2. Telephone Number 2a. Fax Number

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.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and

Disabled Veteran Business Enterprise Services (OSDS) as:

a. California Small Business

Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your certification number 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

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, 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.

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.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, Must be completed. These items are self-explanatory.

If certified as a California Small Business, 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 certification number 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 OSDS.

ATTACHMENT 3

COST WORKSHEET

Bidder’s Name: ___________________________________________________

This Attachment must be submitted in a separate sealed envelope as indicated in Section C.3.c.

The rates quoted below are all-inclusive and shall include all direct and indirect costs for the Contractor to provide complaint investigator services and shall be binding for the term of the Agreement. Any amendments to this Agreement will adhere to rates quoted herein.

FOR EVALUATION PURPOSES ONLY: The hours for service listed below are only estimates and will be used to calculate the cost portion of the evaluation. SCO does not expressly or by implication agree that the actual amount of work will be guaranteed and reserves the right to omit portions of the work as deemed necessary or advisable by SCO.

Instructions:

1. Please estimate the number of hours for each classification providing services in this Agreement for the estimated total 333 hours’ worth of work. Total of all hours MUST equal 333.

2. Provide hourly rates for each classification and calculate the combined total cost.

Classification Estimate # of

Hours Hourly Rate Extended Total

(# of Hours x Rate)

Total Estimated Hours: 333 TOTAL COST: $

3. Please identify each of the Key Personnel to perform work under this Agreement (investigators and any separate classifications that will provide support services to the investigators). Bidders may add additional lines, if needed, to include all staff that will be working on the project.

Key Personnel Name Classification

ATTACHMENT 4

CONTRACTOR POINT OF CONTACT

Bidder’s Name: ________________________________________________________

The contact person regarding this IFB is:

Name & Title:

Address:

Phone Number: Fax Number:

Cell Phone Number:

(optional)

E-Mail:

If awarded a contract, the Project Coordinator for services will be:

Address:

Phone Number: Fax Number:

Cell Phone

If awarded a contract, direct all contract inquiries to:

Address:

Phone Number: Fax Number:

Cell Phone

If awarded a contract, the name of the company officer authorized to sign the contract is:

Address:

ATTACHMENT 5

PAYEE DATA RECORD (STD 204) AND PAYEE DATA RECORD SUPPLEMENT (STD 205*)

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

*Only use Payee Data Record Supplement (STD 205) to provide a remittance address if different from the mailing address for information returns, or to make subsequent changes to the remittance address https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

ATTACHMENT 6

CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC- 042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

ATTACHMENT 7

BIDDER DECLARATION (WRITTEN) (GSPD-05-105)

All bidders must complete the Bidder Declaration (Written) GSPD-05-105 and include it with the Bid Submission. When completing the declaration, bidders must identify all subcontractors proposed for participation in the Agreement. Bidders awarded an agreement are obligated contractually to use the subcontractors for the corresponding work identified unless SCO agrees to a substitution, and it is incorporated by amendment to the Agreement.

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

ATTACHMENT 8

SECRETARY OF STATE CERTIFICATION OF STATUS*

Secretary of State Certification of Status is required if your company is a corporation, limited liability company (LLC), or limited partnership (LP). Required document(s) may be obtained at the following website:

bizfileOnline.sos.ca.gov

ATTACHMENT 9

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) DECLARATIONS (DGS PD 843)

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

ATTACHMENT 10

DARFUR CONTRACTING ACT CERTIFICATION (DGS PD 1)*

http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

ATTACHMENT 11

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION (DGS OLS 04)

http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://bizfileonline.sos.ca.gov/ https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf

ATTACHMENT 12

GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE & FACTSHEET (STD 1000)

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

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.

Bidders/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 Bidder/Offeror.

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

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet 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.

NOTE: The fill and print forms are available at the links provided. Please email SCOBids@sco.ca.gov if you are unable to access the links provided. Attachments 5, 6, 7, 11 and 12 must be submitted with the Bid.

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

ATTACHMENT 13

BIDDING PREFERENCES AND INCENTIVES

THE BIDDER MUST COMPLETE ALL SECTIONS BELOW AND SUBMIT WITH ITS BID.

1. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE:

Bidder must check the appropriate box from the choices below.

☐ I am a DGS certified DVBE. A copy of my DGS PD 843 form is attached.

☐ I am not a DGS certified DVBE, but a percentage of the revenue will be going to DGS certified DVBE Subcontractors performing a Commercially Useful Function, and therefore I am claiming the DVBE incentive.

Bidder must submit a complete Attachment 7: GSPD-05-105, Bidder Declaration (Written), indicating the percentage of the revenue that will be received by each DGS certified DVBE subcontractor. Bidder must also submit an Attachment 9, DGS PD 843 DVBE Declarations, for each DVBE subcontractor, signed by the DVBE owner/manager.

☐ I am not claiming the DVBE incentive.

2. SMALL BUSINESS (SB) PREFERENCE:

Bidder must check the appropriate box from the choices below.

☐ I am a DGS certified Small Business and claim the Small Business Preference.

My DGS Small Business certification number is: _________________

☐ I am not a DGS certified Small Business, but 25 percent or more of the revenue from the award will go to DGS certified Small Business subcontractors performing a Commercially Useful Function and therefore I am claiming the preference.

Bidder must complete and submit Attachment 7: GSPD-05-105 Bidder Declaration (Written), indicating the percentage of the revenue that will be received by each DGS certified Small Business subcontractor.

☐ I am not claiming the DGS Small Business Preference.

Name of Bidder:

Signature and Date:

ATTACHMENT 14

INSURANCE ACKNOWLEDGEMENT

Bidder’s Name: _____________________________________________________ Please print clearly or type.

Bidders must submit an acknowledgement of their ability to meet the insurance requirements and certificate(s) of coverage must be provided within 14 business days of receipt of a notice of award.

I certify that we can meet the insurance requirements identified in the Sample Contract, Exhibit D, Special Terms and Conditions.

Authorized Signature Date

Name of Bidder

Name and Title (Please Print)

ATTACHMENT 15

ACKNOWLEDGEMENT OF AGREEMENT EXHIBITS AND POLICIES

Offeror’s Name: ________________________________________________________

Complete and return a signed copy of this attachment with the IFB response.

Exhibit Name Exhibit A, Scope of Work Exhibit A, Attachment 1, Work Plan Document Exhibit A, Attachment 2, Workplan Acceptance Document Exhibit B, Budget Detail and Payment Provisions Exhibit C, General Terms and Conditions (GTC 04/2017) Exhibit D, Special Terms and Conditions

The Bidder acknowledges their ability to meet the following as required in Exhibit A, Scope of Work (SOW):

• All Bidder’s key staff will be required to complete a Live Scan fingerprinting for the purpose of conducting a background check through the Department of Justice. See Exhibit A, SOW, Section L., Background Checks for detailed requirements.

I certify that we have received, reviewed and accepted all requirements in this IFB and Exhibits and can meet the insurance and background check requirements.

Authorized Signature Date

Name of Bidder

Name and Title (Please Print)

State of California—Controller’s Office

CONTRACTOR / CONSULTANT CONFIDENTIALITY

AND NON-DISCLOSURE ACKNOWLEDGEMENT

ISO-004b (Rev. 02/15)

300 Capitol Mall, Suite 603 Sacramento, CA 95814 Form Contact Info. Ph: (916) 445-1720 Email: infosec@sco.ca.gov

Section 1 — Contractor Information Contractor / Consultant Organization Name Date of Request

Contractor / Consultant Name (First M.I. Last) Work Phone

Title Work Email Address

Section 2 — Agreement

As a contractor or consultant of the California State Controller's Office (SCO) you may have access to financial, statistical, personal, or technical information classified as confidential or sensitive by the SCO. In addition you may be authorized access to data processing resources that are created, maintained, or used within the SCO and must be protected. This confidentiality and non-disclosure agreement between you and the SCO is to protect the information assets that may be disclosed to you by the SCO. This Agreement shall be construed under the laws of the State of California.

By signing below I acknowledge that:

1. I will access or use SCO information assets only when relevant and necessary in the ordinary course of performing my authorized official duties conducted on behalf of the organization referenced in this document. I further understand that unauthorized access, attempted access or illegal use of any computer systems, information asset, and/or information of the State of California may be a public offense punishable under Section 502 of the California Penal Code;

2. I will not disclose SCO information classified as confidential or sensitive unless authorized to do so by the SCO;

3. I will immediately notify the SCO Information Security Office; SCO Information Systems Division; and the appropriate SCO contract / agreement administrator of any violation of SCO administrative policy or information security standards; or violation of requirements, terms, or conditions of this agreement; and any actual or suspected information security incidents;.

4. I will not disclose, change, modify, delete, or circumvent any SCO required authentication and authorization process without the approval of authorized SCO personnel;

5. I will not change, modify, remove, or circumvent any SCO required security controls or protocols without written approval of…