IFB__1111-0000000625.pdf

IMPORTANT NOTICE TO ALL BIDDERS

Solicitation No. 1111-0000000625

This solicitation/acquisition is being conducted under Public Contract Code § 12125, et seq., the Alternative Protest Process.

Submission of a bid constitutes consent of the bidder for participation in the Alternative Protest Process.

Any protests filed in relation to the proposed contract award shall be conducted under the procedures in this document for the Alternative Protest Process.

Any bidder wishing to protest the proposed award of this solicitation must submit a written Notice of Intent to Protest (facsimile acceptable) to the Coordinator before the close of business on the last day of the protest period, which will be established in the Notice of Intent to Award. Failure to submit a timely, written Notice of Intent to Protest waives the bidder’s right to protest.

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Voice: 916 / 375-4587 Fax: 916 / 376-6226

Rev. 10-7-13

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

Invitation For Bid

DUE DATE Responses must be delivered to the Procurement Division before 2:00 PM on the Due Date 3-25-2016

SUPPLIER NAME AND ADDRESS SOLICITATION NO. DATE DELIVERY DATE PAGE

1111-0000000625 3-11-16 As Specified 1 of 11

PURCHASE ESTIMATE NO. AGENCY BILLING CODE AGENCY PURCHASE EST NO.

0000000001 58021

F.O.B. DESTINATION UNLESS

BID STATES OTHERWISE

ARE YOU CLAIMING PREFERENCE

AS A CALIFORNIA CERTIFIED

SMALL BUSINESS?

YES NO

MANUFACTURER?

ARE YOU A NON-SMALL BUSINESS

CLAIMING AT LEAST 25% SMALL

BUSINESS SUBCONTRACTOR

PREFERENCE?

_______ % CASH DISCOUNT

FOR

PAYMENT WITHIN _______

DAYS

SEE REQUIRED PAYMENT

DATE OF THE GENERAL

PROVISIONS PARAGRAPH 30.

SHIP TO:

NAME (PRINT):

TITLE:

SIGNATURE DATE

FOR FURTHER INFORMATION, CONTACT: SECTION 14835 ET SEQ. OF THE

CALIFORNIA GOVERNMENT CODE

REQUIRES THAT A 5% PREFERENCE

BE GIVEN TO BIDDERS WHO QUALIFY

AS A SMALL BUSINESS OR BIDDERS

WHO QUALIFY AS A NON-SMALL

BUSINESS CLAIMING AT LEAST 25%

CALIFORNIA CERTIFIED SMALL

BUSINESS PARTICIPATION. FOR

REQUIREMENTS SEE TITLE 2,

CALIFORNIA CODE OF REGULATIONS,

SECTION 1896, ET SEQ. THE

REQUIREMENTS FOR NONPROFIT

VETERAN SERVICE AGENCIES

QUALIFYING AS A SMALL BUSINESS

ARE CONTAINED IN SECTION 999.50

ET SEQ. OF THE MILITARY AND

VETERANS CODE.

Procurement Official: John Medeiros E-MAIL ADDRESS: Phone: (916) 375-4412

E-mail: john.medeiros@dgs.ca.gov TELEPHONE NUMBER: FAX NUMBER: Return To:

DGS/PROCUREMENT DIVISION

707 3RD ST., 2ND Floor (95605)

P.O. BOX 989054

W. SACRAMENTO, CA 95798

FEDERAL EMPLOYER IDENTIFICATION NUMBER

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

DECLARATIONS UNDER PENALTY OF PERJURY: By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed has complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) the National Labor Relations Board declaration set forth in Paragraph 43 of the General Provisions is true and correct. (3) If a claim is made for the small business preference, the information set forth within is true and correct.

SCOPE

This solicitation is a One Time Acquisition conducted by the Department of General Services, Procurement Division on behalf of Department of Consumer Affairs for a solution that will support a more efficient process for developing and maintaining item banks, a mission-critical function for DCA agencies.

mailto:john.medeiros@dgs.ca.gov

Department of Consumer Affairs, Office of Professional Examination Services and Contractor

IFB #1111-0000000625

Section I

A. BACKGROUND

The Office of Professional Examination Services (OPES) plays a mission-critical role for the DCA by providing psychometric consulting services for management of occupational licensure examination programs. The California Business and Professions Code Section 139 requires that DCA entities conduct periodic occupational analyses and ongoing examination development activities to ensure the validity of their licensing examinations. OPES services include occupational analysis, item writing, examination development, standard setting, program evaluation, and statistical analysis of examination performance. OPES follows the highest technical and professional standards in the industry to ensure that licensing examinations are valid, job-related, and legally defensible.

B. PURPOSE OF IFB

OPES currently provides examination development services through intra-agency contracts (IACs) to twenty-two (22) Boards, Bureaus, and Committees, encompassing forty-three (43) licensing examination programs. Examination development work requires specialized software to manage files of examination questions (item banks), produce examinations, store statistical information on individual questions (items) and examinations, and write and review new items using licensees as Subject Matter Experts.

OPES is looking for a solution that will support a more efficient process for developing and maintaining item banks, a mission-critical function for DCA agencies. OPES routinely imports statistical data from other software packages, and OPES imports and exports data from external computer-based testing providers.

C. KEY ACTION DATES

Listed below are the significant milestones for this request. The timeframe listed for each milestone is approximate and is subject to change.

Release IFB 3-11-16

Questions Due 3-18-16

Bid Due Date 3-25-16

Notification of Award 4-04-16

Contract Execution: 4-06-16

D. TERM AND AGREEMENT AMOUNT

The Agreement term shall be twenty-four (24) months from the Agreement approval start date. The DCA reserves the option to amend the resulting Agreement for three (3) additional one (1) year options at bid amount. The DCA reserves the option to amend the resulting Agreement for additional funds, additional hours, or for unanticipated tasks up to 10% maximum of the original amount at the same proposed hourly rate. There shall be no work performed prior to Agreement approval. If the Agreement, for any reason, is not approved, any previous work performed by the Contractor is considered donated to the State and no payment shall be made for that portion of the work.

E. RESPONSIVE BIDDER

A contractor who is responsive submits a bid response compliant with the solicitation requirements and indicates performance without material deviation from the terms and conditions of the proposed contract.

F. RESPONSIBLE BIDDER

A contractor who is responsible and submits a responsive bid is one who clearly indicates compliance without material deviation from the solicitation’s terms and conditions and who possesses the experience, facilities, reputation, financial resources and other factors existing at the time of contract award.

G. ADDITIONAL TERMS AND CONDITIONS

The state objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder. This applies to any language appearing in documents attached as part of the bidder’s response. In signing and submitting a bid, the bidder agrees that any additional terms and conditions whether submitted intentionally or inadvertently, shall have no force or effect. Bids with terms and conditions attached may be subject to rejection.

H. REQUEST TO CHANGE REQUIREMENTS OF THE IFB

Bidders may request to change requirements of the IFB if the Bidder believes that one or more of the IFB requirements is onerous, unfair, or imposes unnecessary constraints on the Bidder in proposing less costly or alternate solutions. The Bidder shall submit recommended change(s) and facts substantiating the recommended change by the date(s) identified in the key action dates or two days prior to the bid due date (if no key action dates), in an email or envelope clearly marked “Request to Change Requirements of the IFB #1111-0000000625 to the Procurement Official identified in this IFB.

I. ATTACHMENTS

The following documents are attached, or attached by reference, and part of this solicitation:

1. Attachment A – Cost Data Sheet of one (1) page

2. Attachment B – Confidentiality Statement of one (1) page

3. Bidder’s Instructions (GSPD-451) of three (3) pages, dated 11/09/2011** http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf

4. General Provisions (GSPD-401IT) of ten (10) pages, dated 09/05/2014** http://www.documents.dgs.ca.gov/pd/poliproc/GSPD401IT14_0905.pdf

5. Attachment C - Bidder Declaration Form of one (1) page

6. Attachment D – Payee Data Record of one (1) page

7. Attachment E - Customer Reference form of three (3) pages

8. Attachment F - California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions of four (4) pages

9. Exhibit A – Statement of Work of five (5) pages

10. Exhibit B – Budget Detail and Payment Provisions of two (2) pages http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf http://www.documents.dgs.ca.gov/pd/poliproc/GSPD401IT14_0905.pdf

11. Table 1 – Mandatory and Desirable Qualifications of three (3) pages

12. Exhibit C – Special Terms and Conditions of one (1) page

13. Alternative Protest Process Regulations of nine (9) pages

** These documents are incorporated by reference and located at the link provided.

Please note that items #1, #2, #5, #6 #7, #8 (If applicable), #9, and #11 MUST be returned with the bid or the bid may be rejected.

J. PRICES

Prices shall be submitted hard copy. Pricing shall be all inclusive. Only the prices/charges submitted in the bid response shall be accepted and included in the awarded contract.

For the purpose of this bid, only bids quoted F.O.B. Destination, Freight Prepaid, will be accepted. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the State unless expressly included and itemized in the Contract. International shipments will be Delivered Duty Paid. Import Costs, duties, taxes, value added tax or any other transportation or customs costs will not be paid by the State unless expressly included and itemized in the Contract.

Sales tax is not to be included on the bid or in the bid pricing. If awarded this bid, sales tax should be added at time of invoicing. The sales tax rate applied should be based on the rate of the area where the product is to be delivered, unless the deliverable is a vehicle, in which case the sales tax rate applied should be based on the rate where the vehicle will be registered with the California Dept. of Motor Vehicles (DMV).

K. DELIVERY

Delivery timeline for migration and training shall be mutually agreed upon between the awarded contractor and OPES/OIS and a schedule will be made available within sixty (60) calendar days after receipt of order (ARO).

The software shall be delivered and installed within thirty (30) calendar days from receipt of order

(ARO).

Note: In accordance with paragraph 14 of the General Provisions entitled “Delivery”, the contractor shall strictly adhere to the delivery terms and completion schedule as specified in this solicitation.

Failure to comply with the delivery requirements, as stated, may be considered a breach of contract and subject the contractor to General Provisions 25, entitled “Rights and Remedies of the State for Default”.

L. CALIFORNIA SELLER’S PERMIT

Bidders must provide their California retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization (BOE), pursuant to all requirements as set forth in Sections 6487, 7101 and Sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract code. In order to expedite the process of verifying the validity of the permit, provide the BOE permit number in the space provided below (or attach a copy of the permit with your bid.)

For instructions on how to obtain a California Sellers Permit number or register to do business in the State of California, visit the Board of Equalization website at www.boe.ca.gov.

Retailer’s Seller’s Permit Number: __________________________________

M. SPECIFICATION COMPLIANCE

The bidder must indicate below if the product or products offered on this bid complies in all respects with the attached specifications.

YES_________ NO_________

If the bidder has indicated that the product offered does not comply in all respects with the attached specifications, he is to list below, in detail, any and all deviations.

LIST DEVIATIONS:

N. RESPONSE CHECKLIST

The following checklist identifies the applicable items that must be completed and returned in order to be evaluated for award:

Cover Letter Signed State of California – DGS Procurement Division - solicitation document (with all fill-in spaces completed)

Attachment A – Cost Data Sheet of one (1) page Attachment B – Confidentiality Statement of one (1) page Attachment C – Bidder Declaration Form of one (1) page Attachment D – Payee Data Record of one (1) page Attachment E - Customer Reference form of three (3) pages Attachment F - California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions of four (4) pages

Exhibit A – Statement of Work of five (5) pages Exhibit B – Budget Detail and Payment Provisions of two (2) pages Table 1 – Mandatory and Desirable Qualifications of three (3) pages Disabled Veteran Enterprise Declarations (Std. 843) of one (1) page, dated 11/2005 (if applicable) Postconsumer Content Certification Form (CIWMB 74) of two (2) pages, dated 4/2007 Seller Permit Information

Failure to return any of these items with your bid response may result in your bid being considered non-responsive.

http://www.boe.ca.gov/

The following items must be returned with the bid response only if your intention is to claim the applicable bidder preference(s), if you are not claiming a preference under any of these “Acts”, you are not obligated to fill out and/or return any of the following forms.

Target Area Contract Preference Act (TACPA), request form (Std. 830).

Note: The State makes no warranty that the checklist is a full and comprehensive listing of every requirement specified in the IFB. Checking off the items on the checklist does not establish your firm’s intent nor does it constitute responsiveness to the requirement(s). The checklist is only a tool to assist participating bidders in compiling their final bid response. Bidders are encouraged to carefully read the entire IFB. The need to verify all documentation and responses prior to the submission of final bids cannot be over emphasized.

O. BID SUBMISSION INSTRUCTIONS

This document is intended to assist bidders with standard instructions for how and where to submit a bid. The state makes no warranty that following these instructions will ensure a compliant submission.

Bidders are required to carefully read the solicitation document and adhere to any other submission requirements. If there is a question regarding how to submit a bid, contact the Procurement Official listed on the first page of the solicitation document for assistance.

Bidders are required to submit a complete Paper Bid by the due date and time identified in this solicitation.

P. PAPER BID SUBMISSION

For evaluation purposes, the paper bid shall be complete and include all of the required bid submittals in order to be deemed responsive to the bid requirements. Please make sure that you have included either pricing worksheet, if applicable If the paper bid response is incomplete and/or includes discrepancies, you may be deemed non-responsive and subject to the rejection process.

1. STATES OWN BID FORM: Only bids quoted on the State's own bid form will be considered. Bids submitted referencing contractor attachments which include legal terms and conditions that conflict with the State's General Provisions shall be considered non-responsive and such bids may be rejected. Unless otherwise stated in the bid document, please DO NOT submit bids in binders or using plastic combs.

2. SUBMISSION METHODS: Bidder may submit their paper bid using the following methods unless stated otherwise in the bid documents. Identify all mailed/couriered/hand-delivered bid packages by clearly writing on the outside of the envelope the Invitation for Bid Number (Ex: IFB #1111- 0000000625).

POSTAL MAIL COURIER (FED EX/UPS/ETC.) OR HAND DELIVER

DGS Procurement Division DGS Procurement Division Attn: Bid Opening Official, 2ND Floor Attn: Bid Opening Official P.O. Box 989054 707 3rd Street, 2nd Floor West Sacramento, Ca 95798 West Sacramento, Ca 95605

BID/IFB #: 1111-0000000625 BID/IFB #: 1111-0000000625

FACSIMILE (FAX)

Faxed bids will be considered for the solicitation only if they are sent to (916) 375-4613. Bids sent to any other fax number will not be considered. Only pages of the faxed bid received prior to the bid opening time specified in the solicitation will be considered the “complete bid”. Please be advised that there is a heavy demand placed on the fax machine receiving bids and the State assumes no responsibility if a contractor cannot transmit their bid via fax or if the entire bid is not received prior to the bid opening time.

E-MAIL

E-mail bid submissions are NOT accepted.

Q. BID CONTENT (MANDATORY ADMINISTRATIVE REQUIREMENTS)

The following list of data/information must be included as part of the Contractor’s response to the DCA’s IFB #1111-0000000625. Each item listed must be clearly labeled with the corresponding number and separated in its own section of the response. Note: This IFB document and the Contractor’s Response, or by reference, may be made part of the Agreement resulting from the IFB. At its option, the DCA may choose to reference all or part of the Contractor’s response.

1. Cover letter:

This must be submitted and signed by a person authorized to bind the Bid.

The Bid must include a summary of how the Contractor intends to fulfill the DCA’s IFB requirements including encryption specification, list of product features, and implementation plan, and the understanding and agreement of Exhibit A - Statement of Work (SOW).

2. Attachment A: Cost Data Sheet Contractors must complete and submit the Attachment A - Cost Data Sheet identifying Contractor’s cost for 1st year Installation/Implementation, Cost for 1st year Software License, Maintenance and Support, Cost for 2nd year of Software License, Maintenance and Support, in addition provide a Cost for optional annual Software License, Maintenance and Support (up to three (3) years). There shall be no increase in hourly rates for extended hours or days. Project costs related to items such as travel, per diem and travel time to the designated base of operation for the engagement are costs to be included within the Contractor's rates. DCA shall not pay for such costs as a separate item.

3. Mandatory and Desirable Qualifications:

Contractors must complete and submit Table 1 – Mandatory and Desirable Qualifications found in Table 1

4. Attachment B: Confidentiality Statement A person authorized to bind the Contractor must sign the confidentiality statement and submit with the Bid.

5. Attachment C: Bidder Declaration:

A person authorized to bind the Bid must sign the Bidder Declaration GSPD-05-105 form and submit (include Printed Name and Title). The form may be found at:

http://www.documents.dgs.ca.gov/pd/delegations/gspd105.pdf

6. Attachment D: Payee Data Record: (STD. 204) Complete and submit Attachment D - Payee Data Record (STD. 204).

7. Small Business/ Disabled Veteran Business Enterprise Certification (if applicable):

Submit a copy of the Department of General Services (DGS) Contractor’s SB/DVBE Certification.

8. Attachment E - Customer References A Contractor must provide a minimum of three (3) customer references that have used similar services within the last five (5) years of release date of IFB from the contractor. References must be for the same complexity and magnitude as proposed in Exhibit A – Statement of Work.

The DGS and/or DCA staff may contact referenced organizations when reviewing a contractors Bid to verify the information provided. Each Customer Reference must receive a minimum rating of three (3) “Satisfactory”. A Customer Reference with a rating lower than three (3) will be rejected and the bid response may be deemed non-responsive.

9. Attachment F – California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions

R. SUBMITTAL OF WRITTEN QUESTIONS OR INQUIRIES

Bidders requiring clarification of the intent or content of this IFB or on procedural matters regarding the competitive IFB process may request clarification by submitting questions by the date(s) identified in the key action dates or two days prior to the bid due date (if no key action dates).

Note: Questions need to be submitted via email to the Procurement Official and to the backup Procurement Official identified below. If a Bidder submits a question after the scheduled date(s), the State will attempt to answer the question but does not guarantee that the answer will be prior to the bid due date. Answers will be provided via an IFB Addendum.

Procurement Official: John Medeiros Backup Procurement Official: Marty Zubeidi Email: john.medeiros@dgs.ca.gov Email: marty.zubeidi@dgs.ca.gov

S. PAYMENT METHOD

1. For services satisfactorily rendered and upon receipt and approval of invoices, the DCA shall compensate the Contractor for the rates specified herein.

2. The invoices must reference the Agreement number and be submitted directly to DCA, OPES, Administrative Services.

Invoices must include the following:

a) Certification statement by the Agreement financial manager attesting to the accuracy of the invoice.

3. If the DCA does not accept the identified tasks and activities, the payment for invoice shall be withheld by the DCA and the Contractor shall be notified. The Contractor must take timely and http://www.documents.dgs.ca.gov/pd/delegations/gspd105.pdf mailto:john.medeiros@dgs.ca.gov mailto:marty.zubeidi@dgs.ca.gov appropriate measures to correct or remedy the reason(s) for non-acceptance and demonstrate to the DCA that the Contractor has successfully completed the scheduled work for each task and activity before payment shall be made.

T. REVIEW OF BIDS

The State will review each Bid in detail to determine its compliance with the IFB requirements. If a Bid fails to meet an IFB requirement, the State will determine if the deviation is material. A material deviation will cause rejection of the Bid. An immaterial deviation will be examined to determine if the deviation will be accepted. If accepted, the Bid will be processed as if no deviation had occurred.

U. AWARD

1. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

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

3. The final selection shall be made on the basis of the lowest responsive bid. In the event of a tie in the bid amount, a tiebreaker will be decided by a coin toss observed by witnesses. Affected bidders will be invited to witness the coin toss.

V. ALTERNATIVE PROTEST PROCESS

This solicitation/acquisition is being conducted under the provisions of the Alternative Protest Process (Public Contract Code Section 12125, et seq.) By submitting a bid or proposal to this solicitation, the bidder consents to participation in the Alternative Protest Process, and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5. The link to the regulations is:

http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx

A Notice of Intent to Award for this solicitation will be publicly posted in the Procurement Division reception area and sent via facsimile to any bidder who submits a written request for notice and provided a facsimile number.

During the protest period, any participating bidder may protest the proposed award on the following grounds:

1. For major information technology acquisitions – that there was a violation of the solicitation procedure(s) and that the protesting bidder’s bid should have been selected; or

2. For any other acquisition – that the protesting bidder’s bid or proposal should have been selected in accordance with the selection criteria in the solicitation document.

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 1st working day http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Fax: 916 / 376-6226

Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

Protest bond requirement: Bond amount for this Alternative Protest Process shall be 10 percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, Section 1418.

W. DISPOSITION OF BIDS

1. Bids are public records upon bid opening, however, the contents of bid, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's bid shall be held in the strictest confidence until the award is made. Any disclosure of this subject by the bidder is a basis for rejecting a bid and ruling the bidder ineligible to further participate in the bidding process.

2. Upon bid opening, all bids shall be regarded as public records under the California Public Records Act (Government Code, Section 6250 et seq.) and shall be subject to review by the public.

3. All documents submitted in response to this IFB shall become the property of the State of California and may be returned only at the bidder’s expense, unless such expense is waived by the awarding agency.

X. PREFERENCE AND INCENTIVE PROGRAMS

1. Small Business Preference

Overview: Current law encourages state departments to first consider a Small Business Enterprise (Small)/Microbusiness Enterprise (Micro) for contracting opportunities. The DCA is committed to supporting Small/Micro business participation in state contracting and seeks to use certified Small/Micro businesses whenever possible.

The State of California provides a five percent (5%) preference to Small Business proposers. This 5% preference is also provided to Non-Small Businesses that commit to subcontract, with one or more California-certified small businesses, at least 25% of the net bid price, as specified below.

The standard contract language for the preference programs can be found at http://www.pd.dgs.ca.gov/smbus/default.htm. For the purposes of this section, the definitions specified in Title 2, California Code of Regulations (CCR), §1896.4 shall apply unless otherwise http://www.pd.dgs.ca.gov/smbus/default.htm noted. Questions regarding certification of small businesses should be directed to the Office of Small Business and DVBE Certification (OSDC) at (916) 375-4940.

2. Disabled Veteran Business Enterprise Program (DVBE)

DVBE Participation: DVBE participation requirements are being waived for this IFB.

DVBE Incentive: However, the DCA is committed to achieving legislatively established goals for the participation of DVBEs in all state contracts and seeks to use certified DVBE business whenever possible. Therefore, the DCA requests your voluntary participation in reporting any certified DVBEs including yourself that will be used in the performance of this Agreement. An explanation of the Disabled Veteran Business Enterprise Program (DVBE) requirements can be found at the Internet web site: http://www.pd.dgs.ca.gov/smbus/dvbecert.htm.

3. Target Area Contract Preference Act (TACPA) (if applicable) – Refer to http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx for more information.

Y. TERMS AND CONDITIONS

Any Agreement/Purchase Order resulting from this IFB shall contain the State’s Terms and Conditions including:

1. Exhibit A – Statement of Work

2. Attachment A – Cost Data Sheet of one (1) page

3. Exhibit B – Budget Detail and Payment Provisions

4. Exhibit C – GSPD 401IT General Provisions

5. Exhibit D - DCA Special Terms and Conditions http://www.pd.dgs.ca.gov/smbus/dvbecert.htm

ATTACHMENT A: COST DATA SHEET (For Contractor to fill in) (Information from here shall be added to the resulting Agreement)

The final selection shall be made on the basis of the lowest responsive bid.

ITEM COST

1st Year/Initial Installation/Implementation

1st Year of Software License, Maintenance and Support

2nd Year of Software License, Maintenance

Training $

Total Cost $

*The DCA reserves the option to amend the resulting contract for additional funds, additional hours, or for unanticipated tasks up to 10% maximum of the original amount at the same proposed hourly rate.

**Optional Annual Software License, Maintenance and Support renewal

Optional Year #1 for Annual Software License, Maintenance and Support renewal

Optional Year #2 for Annual Software

Optional Year #3 for Annual Software

Total Cost for Optional Years #1 – #3 $

**The DCA reserves the option to amend the resulting Agreement for three (3) additional one (1) year options.

ATTACHMENT B: CONFIDENTIALITY STATEMENT

NOTE: It is a mandatory requirement for Contractor to complete and submit the Confidentiality Statement identified below Bid with the hard copy. Failure to complete and submit the Confidentiality Statement shall be grounds for rejection of Bid.

Confidentiality Statement

As an authorized representative and/or corporate officer of the company named below, I warrant my company and its employees shall not disclose any documents, diagrams, information and information storage media made available to use by the State for the purpose of providing services to DCA in conjunction with the IFB #1111-0000000625. I warrant that only those employees who are authorized and required to use such materials will have access to them.

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

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

Signature of Representative:

Typed Name / Title of Representative:

Typed Name of Company:

Date Statement Signed:

Attachment C - Bidder Declaration (Print Name, sign, and date) -http://www.documents.dgs.ca.gov/pd/delegations/gspd105.pdf

STATE OF CALIFORNIA-DEPARTMENT OF FINANCE

Attachment D: PAYEE DATA RECORD (STD. 204) Required when receiving payment from the State of California in lieu of IRS W-9 STD 204 (Rev. 6-2003)

INSTRUCTIONS: Complete all information on this form. Sign, date, and return to the State agency (department/office) address shown at the bottom of this page. Prompt return of this fully completed form will prevent any delays when processing payments. Information provided in this form will be used by State agencies to prepare information Returns (1099). See reverse side for more information and Privacy Statement.

Note: Governmental entities, federal, State, and local (including school districts), are not required to submit this form.

PAYEE’S LEGAL BUSINESS NAME (Type or Print)

SOLE PROPRIETOR – ENTER NAME AS SHOWN ON SSN (Last, First, M.I.)

E-MAIL ADDRESS

MAILING ADDRESS

BUSINESS ADDRESS

CITY, STATE, ZIP CODE

CITY, STATE, ZIP CODE

PAYEE

ENTITY TYPE

NOTE:

Payment will not be processed without an accompanying taxpayer I.D.

number.

ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN): -

PARTNERSHIP CORPORATION:

ο MEDICAL (e.g., dentistry, psychotherapy, chiropractic, etc.)

ESTATE OR TRUST ο LEGAL (e.g., attorney services) ο EXEMPT (nonprofit) ο ALL

OTHERS

CHECK ONE

BOX ONLY

INDIVIDUAL OR SOLE PROPRIETOR

ENTER SOCIAL SECURITY NUMBER: - -

(SSN required by authority of California Revenue and Tax Code Section 18646)

PAYEE

RESIDENCY

STATUS

California resident – Qualified to do business in California or maintains a permanent place of business in California

California nonresident (see reverse side) – Payments to nonresidents for services may be subject to State income tax withholding.

ο No services performed in California.

ο Copy of Franchise Tax Board waiver of State withholding attached.

I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the State agency below.

AUTHORIZED PAYEE REPRESENTATIVE’S NAME (Type or Print)

TITLE

SIGNATURE

DATE

TELEPHONE

Please return completed form to:

Department/Office: Department of Consumer Affairs

Unit/Section: Business Services Office/Contracts Unit

Mailing Address: 1625 North Market Blvd., Suite S-103

City/State/Zip: Sacramento, CA 95834

Telephone: Fax: (916) 574-8658

E-mail Address: _________________________________________________________________________

Attachment E – Customer References

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed non-responsive.

List below three (3) references of services performed within the last five (5) years, which are similar to the scope of work to be performed in this agreement.

REFERENCE 1

Name of Firm Street Address City State Zip Code Contact Person Telephone Number:

Dates of Service Value or Cost of Service $ Brief Description of Service Provided

Customer’s Signature: Date:

Rating Guidelines and Description of Rating Scale:

Exceptional (5) – Best-in-class performance. Performance met all contract requirements and exceeded several to the reference’s benefit. No issues were encountered.

Very Good (4) – Performance met all contract requirements and exceeded some to the reference’s benefit. There were a few minor issues, which were negligible.

Satisfactory (3) – Performance met contract requirements. There were some minor issues, and corrective actions taken by the Contractor were acceptable.

Marginal (2) – Performance did not meet the contractual requirements. There were issues, some of a serious nature, for which corrective action was only somewhat effective.

Unsatisfactory (1) – Performance did not meet contractual requirements. There were serious issues and the Contractor’s corrective actions were ineffective.

Questions Rating (select one)

1. How would you rate the Bidder’s Prices? N/A

2. How would you rate the Bidder’s Customer Service? N/A

3. How would you rate the Bidder’s Staff handling of problems? N/A

4. How would you rate the Bidder’s Warranty? N/A

5. How would you rate the Bidder’s Performance Support?

N/A

6. How would you rate your level of overall satisfaction with the Bidder?

Additional comments:

REFERENCE 2

Name of Firm Street Address City State Zip Code Contact Person Telephone Number:

exceeded several to the reference’s benefit. No issues were encountered.

Very Good (4) – Performance met all contract requirements and exceeded some to the reference’s benefit. There were a few minor issues, which were negligible.

Satisfactory (3) – Performance met contract requirements. There were some minor issues, and corrective actions taken by the Contractor were acceptable.

Marginal (2) – Performance did not meet the contractual requirements. There were issues, some of a serious nature, for which corrective action was only somewhat effective.

Unsatisfactory (1) – Performance did not meet contractual requirements. There were serious issues and the Contractor’s corrective actions were ineffective.

Questions Rating (select one)

1. How would you rate the Bidder’s Prices? N/A

2. How would you rate the Bidder’s Customer Service? N/A

3. How would you rate the Bidder’s Staff

REFERENCE 3

Name of Firm Street Address City State Zip Code Contact Person Telephone Number:

exceeded several to the reference’s benefit. No issues were encountered.

Very Good (4) – Performance met all contract requirements and exceeded some to the reference’s benefit. There were a few minor issues, which were negligible.

Satisfactory (3) – Performance met contract requirements. There were some minor issues, and corrective actions taken by the Contractor were acceptable.

Marginal (2) – Performance did not meet the contractual requirements. There were issues, some of a serious nature, for which corrective action was only somewhat effective.

Unsatisfactory (1) – Performance did not meet contractual requirements. There were serious issues and the Contractor’s corrective actions were ineffective.

Questions Rating (select one)

1. How would you rate the Bidder’s Prices? N/A

2. How would you rate the Bidder’s Customer Service? N/A

3. How would you rate the Bidder’s Staff

ATTACHMENT F

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

BID INCENTIVE INSTRUCTIONS

(Revision Date 09/03/2009)

Please read the requirements and instructions carefully before you begin.

AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq. Recent legislation has modified the program significantly in that a bidder may no longer demonstrate compliance with program requirements by performing a “good faith effort” (GFE).

This solicitation does not include a minimum DVBE participation percentage or goal.

DVBE BID INCENTIVE. Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. Unless a table that replaces the one below has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price.

DVBE Participation DVBE Incentive 100% 5%

50% up to 99.99% 4% 11% up to 49.99% 3% 3% up to 10.99% 2% 1% up to 2.99% 1%

As applicable: (1) Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

(2) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.

INTRODUCTION. Bidders must document DVBE participation commitment by completing and submitting a Bidder Declaration, GSPD-05-105, (Attachment 5A, page 18). Bids or proposals (hereafter called “bids”) that fail to submit the required form to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive.

Information submitted by the intended awardee to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

At the State’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

THE DVBE BUSINESS UTILIZATION PLAN (BUP): DVBE BUPs are a company’s commitment to expend a minimum of 3% of its total statewide contract dollars with DVBEs -- this percentage is based on all of its contracts held in California, not just those with the State. A DVBE BUP does not qualify a firm for a DVBE incentive. Bidders with a BUP must submit a Bidders Declaration (GSPD-05-105) to confirm the DVBE participation for an element of work on this solicitation in order to claim a DVBE incentive(s).

THE FOLLOWING MAY BE USED TO LOCATE DVBE CONTRACTORS:

Awarding Department: Contact Andrea Pina, Department of Consumer Affairs’ Small Business and DVBE Advocate, at Andrea.Pina@dca.ca.gov for any DVBE contractors who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE contractors for the solicitation.

Other State and Federal Agencies, and Local Organizations:

STATE: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at www.eprocure.dgs.ca.gov. To begin your search, click on “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.eprocure.dgs.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to:

OSDCHelp@dgs.ca.gov.

FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at www.ccr.gov to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions. Remember to verify each firm’s status as a California certified DVBE.

http://www.eprocure.dgs.ca.gov/ http://www.eprocure.dgs.ca.gov/ mailto:OSDCHelp@dgs.ca.gov http://www.ccr.gov/

LOCAL: Contact local DVBE organization to identify DVBEs. For a list of local organizations, go to http://www.documents.dgs.ca.gov/pd/smallbus/RefOrg.pdf.

http://www.documents.dgs.ca.gov/pd/smallbus/RefOrg.pdf

RESOURCES AND INFORMATION

For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. For a directory of SB/DVBE Advocates for each department go to:

http://www.pd.dgs.ca.gov/smbus/advocate.htm.

The Department of General Services, Procurement Division (DGS-PD) publishes a list of trade and focus publications to assist bidders in locating DVBEs for a fee. To obtain this list, please go to www.pd.dgs.ca.gov/smbus and select:

• DVBE Trade Paper Listing (New 02/09) (pdf)

• DVBE Focus Paper Listing (New 02/09) (pdf)

U.S. Small Business Administration (SBA):

Use the Central Contractor Registration (CCR) on-line database.

Internet contact only –Database: www.ccr.gov.

FOR:

Service-Disabled Veteran-owned businesses in California (Remember to verify each DVBE’s California certification.)

Local Organizations: Go to www.pd.dgs.ca.gov/smbus and select: DVBE Local Contacts (New 02/09) (pdf)

FOR:

List of potential DVBE subcontractors

DGS-PD EProcurement Website: www.eprocure.dgs.ca.gov Phone: (916)375-2000 Email: eprocure@dgs.ca.gov

FOR:

• SB/DVBE Search

• CSCR Ads

• Click on Training tab to Access eProcurement Training Modules including: Small Business (SB)/DVBE Search

DGS-PD Office of Small Business and DVBE Services (OSDS) 707 Third Street, Room 1-400, West Sacramento, CA 95605 Website: www.pd.dgs.ca.gov/smbus OSDS Receptionist, 8 am-5 pm: (916) 375-4940 PD Receptionist, 8 am-5 pm: (800) 559-5529 Fax: (916) 375-4950 Email: osdchelp@dgs.ca.gov

FOR:

• Directory of California-Certified DVBEs

• Certification Applications

• Certification Information

• Certification Status, Concerns

• General DVBE Program Info.

• DVBE Business Utilization Plan

• Small Business/DVBE Advocates

Commercially Useful Function Definition

California Code of Regulations, Title 2, § 1896.61(l):

The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:

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

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

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

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

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

http://www.pd.dgs.ca.gov/smbus/advocate.htm http://www.pd.dgs.ca.gov/smbus http://www.ccr.gov/ http://www.pd.dgs.ca.gov/smbus http://www.eprocure.dgs.ca.gov/ mailto:eprocure@dgs.ca.gov http://www.pd.dgs.ca.gov/smbus mailto:osdchelp@dgs.ca.gov

EXHIBIT A

STATEMENT OF WORK

1. The Contractor shall provide the Department of Consumer Affairs (DCA), the Office of Professional Examination Services (OPES) the services described herein.

2. Contractor shall support installation and implementation at the OPES, located at 2420 Del Paso Road, Suite 265, Sacramento, CA 95834, Monday through Friday 8:00AM to 5:00PM, Pacific Standard Time (PST), except for State holidays.

3. The Agreement term shall be twenty-four (24) months from the Agreement approval start date. The DCA reserves the option to amend the resulting Agreement for three (3) additional one (1) year options at bid price. The DCA also reserves the option to amend the resulting Agreement for additional funds, additional hours, or for unanticipated tasks up to 10% maximum of the original amount at the same proposed hourly rate.

There shall be no work permitted prior to Agreement approval. If the Agreement, for any reason, is not approved, any previous work performed by the Contractor is considered donated to the State and no payment shall be made for that portion of the work.

4. The Project Coordinators during the term…