IFB_35627_FinTech_SaaS.pdf

Procurement Division, One Time Acquisitions | State of California | California Government Operations Agency

707 Third Street, 2nd Floor | West Sacramento, CA 95605 | (916) 376-5000 | www.dgs.ca.gov

Governor Gavin Newsom

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

INVITATION FOR BID (IFB)

FINANCIAL TECHNOLOGY (FINTECH)

SOFTWARE-AS-A-SERVICE (SaaS) SOLUTION

AND

SaaS SUBSCRIPTION SERVICES

IFB EVENT ID 35627

May 19, 2025

BIDS ARE DUE BY: Friday, June 6, 2025, at 10:00 A.M. PT

RETURN BID TO:

OTA@dgs.ca.gov

Procurement Official:

Jennifer Maier Procurement Division

One-Time Acquisitions Unit 707 Third Street, Second Floor West Sacramento, CA 95605 jennifer.maier@dgs.ca.gov 279-799-4117 mailto:OTA@dgs.ca.gov mailto:jennifer.maier@dgs.ca.gov

Procurement Division, One Time Acquisitions | State of California | California Government Operations Agency

IMPORTANT NOTICE TO ALL BIDDERS

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/Support Services

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

Department of General Services FinTech SaaS Procurement Division IFB Event ID 35627

A. AGREEMENT COVER LETTER AND CONTRACT PROVISIONS

B. COST WORKSHEET

C. NARRATIVE RESPONSE

D. BIDDER MINIMUM QUALIFICATIONS AND VERIFICATION WORKSHEET

E. PRODUCT SPECIFICATION REQUIREMENTS

F. SECRETARY OF STATE

G. DECLARATION FORMS

H. PAYEE DATA RECORD

I. DARFUR CONTRACTING ACT

J. CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

K. IRAN CONTRACTING ACT

L. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI)

A. DVBE Incentive B. Small Business Preference C. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) D. Non-Small Business Subcontractor Preference E. Target Area Contract Preference Act (TACPA) Preference F. SB/DVBE Reporting Requirements G. DVBE Subcontractor Substitution

SCOPE

This Invitation for Bid (IFB) is a One Time Acquisition conducted by the State of California, Department of General Services, Procurement Division (DGS-PD) to cover the requirements of the California Pollution Control Financing Authority (CPCFA) for a Financial Technology (FinTech) cloud platform delivered as a Software-as-a-Service (SaaS) solution and SaaS Subscription Services as described meeting the requirements of Attachment 1, Sample Agreement, Statement of Work.

KEY ACTION DATES

Adherence to the following schedule of dates and times is required. If the State finds it necessary to change any of these dates, it will be accomplished via addendum.

KEY ACTION DATE & TIME

Release of IFB (Event ID# 35627) May 19, 2025

Last Day to Submit Questions May 27, 2025 (10:00 A.M., PT)

Bid Due Date June 6, 2025 (10:00 A.M., PT) *

Public Bid Opening June 6, 2025 (10:30 A.M., PT)

Proposed Notice of Intent to Award Date June 11, 2025

*All dates after the Bid Due Date are approximate, and may be adjusted as conditions dictate, without addendum to this IFB.

BIDDER INSTRUCTIONS

The Bidder Instructions include Bidder’s and the State’s rights and responsibilities for the bidding process, unless otherwise specified in this solicitation. Bidder Instructions are located at the following link: Bidder Instructions (rev 11/09/2011).

METHOD OF AWARD

Award will be made on a low bid basis. The award, if made, will be to the responsive and responsible Bidder with the lowest cost, including all applicable preference and incentive calculations.

In the event of a tie, a coin toss will be a permissible tiebreaker. Such event will be conducted by the procurement official and observed by a state employee as witness.

SAMPLE AGREEMENT

Bidders shall comply with Attachment 1, Sample Agreement, Exhibit A, Statement of Work, and all Exhibits thereafter.

PROCUREMENT OFFICIAL

The Procurement Official shown on the front page shall be the State’s designated authorized representative regarding this procurement. All inquiries and questions must be directed to only this person. Oral communications are discouraged and shall not be binding to the State. Bidders should only rely on written statements issued by the Procurement Official. The Procurement Official and back-up contact information for this IFB is listed below:

Procurement Official: Jennifer Maier Telephone: 279-799-4117 Email: jennifer.maier@dgs.ca.gov Backup Procurement Official: Phebe Lapinig http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf mailto:jennifer.maier@dgs.ca.gov

Telephone: 279-799 3944 Email: phebe.lapinig@dgs.ca.gov

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.

A Notice of Intent to Award for this solicitation will be publicly posted on the Department of General Services Procurement Division webpage and sent via email to any bidder who submits a written request for notice and provided an email address. DGS/PD webpage link.

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

1. For major IT 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 (email or facsimile acceptable) by the coordinator before the close of business 5 p.m. PST/PDT on the 1st working day 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 Email: PDProtest@dgs.ca.gov

Copies of the protest are to be sent to the Procurement Official listed in section 6.

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 10percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, section 1418.

mailto:phebe.lapinig@dgs.ca.gov https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Award-Notifications?search=Award%20Notice mailto:PDProtest@dgs.ca.gov

Refer to the Bid Protest Regulations website for procedures for conducting protests under the Alternative Protest Process.

BIDDER QUESTIONS

This IFB addresses all requirements that Bidders must meet to be eligible for consideration. Bidders must carefully read the entire IFB, ask appropriate questions in a timely manner, and make sure all procedures and requirements of the IFB are accurately followed and addressed. If a Bidder discovers any ambiguity, conflict, restrictive specifications, discrepancy, omission, or other errors in the IFB, the Bidder shall immediately notify the Procurement Official of such error, in writing, and request clarification or modification of the document.

All questions, comments, and concerns should be immediately directed to the Procurement Official, in writing, no later than the date and time indicated in Section 2, Key Action Dates. All questions and/or concerns shall be directed to both the Procurement Official and the Backup Procurement Official listed above.

Answers to all questions will be posted via an Addendum.

ADDENDA

If the solicitation is revised by an addendum, Bidder is required to meet all requirements of the most current addendum, including using any updated forms.

The IFB document is not required to be submitted with the bid. This language supersedes GSPD- 451, Bidder Instructions (rev 11/09/2011) section 3.b., Solicitation Addendum (Addenda).

DESIGNATION OF REQUIREMENTS

The State has established certain requirements with respect to bids to be submitted by prospective contractors. The use of “must,” “shall” or “will” (except to indicate simple futurity) in the IFB indicates a requirement or condition that is mandatory. A deviation, if not material, may be waived by the State. A deviation from a requirement is material if the deficient response is not in substantial accord with the IFB requirements, provides an advantage to one bidder over other bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid, amount paid to the Contractor, or on the cost to the State. Material deviations cannot be waived.

The words “should” or “may” in the IFB indicate desirable attributes or conditions but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, even if material, will not in itself cause rejection of the bid.

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 the Agreement Cover Letter, 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.

RESPONSIBLE BIDDER

DGS may require Bidders to submit evidence of their qualifications. This includes, but is not limited to, the necessary number of personnel with the skills required, equipment of appropriate type and https://www.dgs.ca.gov/OAH/Case-Types/General-Jurisdiction/Resources/Page-Content/General-Jurisdiction-Resources-List-Folder/Laws-and-Regulations/Bid-Protest-Regulations sufficient quantity, financial resources sufficient to complete performance under the agreement, and experience in similar endeavors. If such information is required, the Bidder will be notified to submit the required information. If the State determines the Bidder is not responsible, the bid will be rejected.

BID SUBMITTAL INSTRUCTIONS

Bids must be received by the bid due date and time in Section 2, Key Action Dates. Bids received after this date and time will not be considered.

The completed bid response shall be submitted by email as follows:

• Email bids to OTA@dgs.ca.gov

• Only bids received for this mailbox will be considered. Bids shall not be sent to any other mailbox.

• Email should clearly identify in the Subject Line:

Bid Response for Event ID 35627, <Bid due date>, Jennifer Maier, <Company Name>

• Emails will not be opened by the Procurement Official until the required bid due date and time.

Emails should not exceed one hundred fifty (150) megabytes (MB). The State’s mail server may automatically reject excessively large emails. Bidder may submit multiple emails if file size exceeds the recommended one hundred fifty (150) MB. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.) in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved

Hard copy and faxed bids will not be accepted for this solicitation.

STATE’S OWN BID DOCUMENTS/SOLICITATION

Only bids quoted on the State's own bid documents will be considered. Documents include all forms and attachments required to be submitted. Alteration of the State’s documents may result in rejection of the bid. Bids submitted referencing supplier attachments which include terms and conditions that conflict with the State's complete solicitation shall be considered non-responsive and such bids shall be rejected.

BID SUBMISSION REQUIREMENTS

Bid submission items are included as part of this IFB or are included electronically by link. If Bidder is unable to download an electronic document, contact the procurement official to request the document.

A. AGREEMENT COVER LETTER AND CONTRACT PROVISIONS

All Bidders must complete the Agreement Cover Letter and include it with the bid. The Agreement Cover Letter (which shall be considered an integral part of the bid) shall be signed by an individual who is authorized to bind the bidding firm contractually. An unsigned Agreement Cover Letter shall cause the bid to be rejected.

By signing the Agreement Cover Letter and submitting a bid, Bidder is agreeing to accept all of the terms and conditions of the general provisions (as indicated below) without addition or modification and to comply with all applicable statutes, rules, regulations, and orders of the mailto:OTA@dgs.ca.gov

United States and the State of California. All general provisions can be found at Required Language for Solicitations and Contracts.

Information Technology General Provisions Cloud Computing Services DGS PD 402-ITGP Cloud (Rev. 02/20/2025)

B. COST WORKSHEET

Bidders shall submit one (1) electronic copy in Microsoft Excel format of the completed Attachment 2 – Cost Worksheet with the emailed bid response. To be considered for award, all line items in Attachment 2 – Cost Worksheet must be bid. Failure to submit the Attachment 2 – Cost Worksheet with the bid response shall result in the bid being considered non-responsive.

Prices bid shall be all inclusive. Only the prices submitted in the bid response shall be included in the agreement awarded. No other fees can be charged to the customer.

Attachment 2 – Cost Worksheet must be filled out completely or the bid may be rejected.

Modification of the Cost Worksheet will disqualify the Bidder.

C. NARRATIVE RESPONSE

The IFB includes some items that require a narrative response. Those items have been listed on Attachment 3 – Narrative Response. Bidders shall input narrative responses on the attachment only, and only for the items requested. If necessary, Bidders may add pages to the attachment to further explain their response.

Bidders shall not input narrative responses within the IFB document, nor should narrative responses be included for items the State did not list on Attachment 3 – Narrative Response.

D. BIDDER MINIMUM QUALIFICATIONS AND VERIFICATION WORKSHEET

Bidder must demonstrate their ability to perform and successfully deliver the services as described in Attachment 1, Sample Agreement, Exhibit A, Statement of Work, by meeting the Minimum Qualifications (MQs) as shown in Attachment 4 – Bidder Minimum Qualification and Verification Worksheet.

Bidder must submit information responsive to the requirements listed in Attachment 4. It is incumbent upon the Bidder to provide enough detail for the State to assess the extent to which the Bidder meets the MQs.

E. PRODUCT SPECIFICATION REQUIREMENTS

Bidder must complete and submit Attachment 5 – Product Specification Requirements – to demonstrate how their solution meets the minimum required capabilities. Supporting evidence must be included within or attached to Attachment 5.

F. SECRETARY OF STATE

Bidder must be qualified to do business in the State of California Bidders are required to provide, if a corporation or limited liability company, their Secretary of State (SOS) certification number on Attachment 3 – Narrative Response.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-Cloud-DGS-PD-402ITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-Cloud-DGS-PD-402ITGP-Revised-02202025.pdf

If applicable, SOS certification must be approved and in “Active” status prior to agreement award.

G. DECLARATION FORMS

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

If a Bidder proposes the use of a subcontractor for a portion of the agreement, the Bidder agrees that all requirements will be adhered to and that requirements will apply to subcontractors. All subcontractors must comply fully with the administrative and technical requirements that are applicable with the portion of the work being delegated to the subcontractor.

Bidders and any subcontractors who have been certified by California as a DVBE (or who are proposing rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed Disabled Veteran Business Enterprise Declaration Form DGS PD 843.

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form.

The completed form should be included with the response.

H. PAYEE DATA RECORD

To be awarded this agreement, the Bidder is required to complete, sign, return a Payee Data Record (STD 204) with their bid response or within five (5) days of request from the State.

I. DARFUR CONTRACTING ACT

Public Contract Code sections 10475 -10481 applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the DGS to submit a proposal.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (Public Contract Code section 10477(a)), unless written permission from the Director of DGS to bid on this procurement has been granted (Public Contract Code section 10477(b)).

Bidder is required to submit a completed Darfur Contracting Act form with bid response or within five (5) day upon request of the State, if their company currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Darfur Contracting Act form should be submitted with bid response. If this document is not included in the bid response, Bidder shall provide it within five (5) days after request from the State. Failure to submit required information may result in the bid being considered non-responsive.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx

If a Bidder has not conducted business outside of the United States in the last three (3) years, this section does not apply. Bidders shall submit their response on Attachment 3 - Narrative Response.

J. CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to PCC § 2010, any Bidder entering into or renewing an agreement over $100,000 on or after January 1, 2017, shall certify all the following:

A. That they comply with the Unruh Civil Rights Act (§ 51 of the Civil Code).

B. That they comply with the California Fair Employment and Housing Act (FEHA) (Chapter 7

(commencing with § 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

C. (1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (§ 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with § 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations, or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (section 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with § 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

Bidders are required to submit the California Civil Rights Laws Certification form with the bid response. Failure to submit this form may result in the bid being considered non-responsive.

K. IRAN CONTRACTING ACT

Pursuant to the Iran Contracting Act of 2010 (PCC sections 2200 through 2208 are “the Act”), vendors are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the state for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities in Iran, as defined in the Act. Prior to submitting a bid or proposal and prior to executing any state contract or renewal for goods or services of one million dollars ($1,000,000) or more, a vendor must complete and return the attached Iran Contract Act Certification form with their bid response certifying that it is not on the list of ineligible vendors prohibited from doing business with the State of California.

Bidders are required to submit the Iran Contracting Act Certification with the bid response.

Failure to submit this form may result in the bid being considered non-responsive.

L. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI, while balancing the risks of these technologies. Bidder must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2),intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) 4986.2.

http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.dgs.ca.gov/-/media/A7EE965578CA4CC1A63087423C7BED0C.ashx https://www.dgs.ca.gov/Resources/SAM

Bidder shall provide the above notifications by completing the GenAI portion in Attachment 3, Narrative Response. Failure to report GenAI to the State may result in disqualification. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.”

SOCIOECONOMIC PREFERENCE AND INCENTIVE PROGRAMS

This solicitation may include the following socioeconomic programs:

• Disabled Veteran Business Enterprise (DVBE) Program Requirements and Incentive o Refer to the California DVBE Program Requirements – For Goods and Information

Technology (1/2022) for detailed requirements and instructions for the DVBE program.

• Small Business Preference

• Small Business Nonprofit Veteran Services Agencies (SB/NVSA)

• Non-Small Business Subcontractor Preference

• Target Area Contract Preference Act (TACPA) Preference

Preference and Incentive Programs are identified below. When the Bidder satisfies the requirements and requests bid preferences and/or incentives, the Bidder must clearly identify which programs it qualifies for in Attachment 3, Narrative Response. To be considered responsive to the bid preference and/or incentives, the Bidder Declaration Form GSPD-05-105, and for DVBE, the DVBE Declaration Form DGS PD 843, must be submitted with bid response.

The total amount of Preferences and Incentives a bidder can receive is 15 percent of the lowest net bid amount or $100,000.00, whichever is less for low bid.

A. DVBE Incentive

The DVBE Requirement is exempted, however the DVBE Incentive applies.

Pursuant to MVC § 999.5, subdivision (a), an incentive will be given to Bidders who provide DVBE participation on the contract. Bidders may claim 1 to 5 percent bidding incentive. A Bidder is eligible to receive the DVBE incentive if they are a certified DVBE or if a non DVBE Bidder commits to use a certified DVBE(s) as subcontractor(s). To be considered for the incentive, Bidder must complete and return the DVBE Declaration Form STD. 843.

At the State’s option and upon request, a Bidder working with DVBE subcontractors shall submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor(s) the Bidder Declaration (GSPD-05-105). When requested, the written confirmation must be submitted via email within the timeframe identified in the notification.

Failure to submit the written confirmation as specified may be grounds for bid rejection.

B. Small Business Preference

The following information shall apply to both Small Businesses (SBs) and Microbusinesses (MBs) https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf

A 5 percent bid preference is available to Bidders certified as a small business in accordance with Government Code (GC) § 14835 et seq. Bidders claiming the small business preference must be certified by California as a small business. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. PT on the bid due date, and the OSDS must be able to approve the application as submitted. The Small Business regulations concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals can be viewed in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, section 1896 et seq.).

C. Small Business Nonprofit Veteran Services Agencies (SB/NVSA)

SB/NVSA prime Bidders meeting requirements specified in the MVC § 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5percent small business preference. SB/NVSAs claiming the small business preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

D. Non-Small Business Subcontractor Preference

A 5 percent bid preference is available to a non-small business claiming 25 percent California Certified small business subcontractor participation.

E. Target Area Contract Preference Act (TACPA) Preference

This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid.

The TACPA workplace and workforce preferences will be evaluated for this solicitation.

California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. Refer to the Request Target Area Contract Preference webpage for required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone.

By submitting TACPA forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by GC § 4535 and provided in § 1896.40 of Title 2 of the California Code of Regulations (CCR) in addition to requirements specified on the TACPA form STD 830.

The resulting contract, if awarded, where TACPA applies, will include by reference, the provisions specified in § 2 CCR 1896.40. The State reserves the right to verify, validate, and clarify all information contained in the TACPA application.

Any questions regarding the TACPA preference should be directed to TACPA@dgs.ca.gov.

F. SB/DVBE Reporting Requirements

If, for this Contract, Contractor made a commitment to achieve SB participation, the State requires Contractor, upon completion of this Contract, (or within such other period as may be specified elsewhere in the Contract) to report the actual percentage of SB participation that was achieved. (GC § 14841).

https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IABE101D0D49111DEBC02831C6D6C108E&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IABE101D0D49111DEBC02831C6D6C108E&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference#:~:text=Any%20vendor%20whose%20bid%20is,located%20in%20the%20qualified%20zone.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference#:~:text=Any%20vendor%20whose%20bid%20is,located%20in%20the%20qualified%20zone.

mailto:TACPA@dgs.ca.gov

If, for this Contract, Contractor made a commitment to achieve the DVBE participation goal, then, pursuant to MVC § 999.5, subdivision (d), upon completion of the Contract, the State requires Contractor to certify using Prime Contractor’s Certification – DVBE Subcontractor Report (STD817).

Until Contractor complies with the DVBE reporting requirement above, the State will withhold $10,000 from the final payment, or the full final payment if less than $10,000. Refer to Section 19, “Small Business (SB) Participation & Disabled Veteran Business Enterprise (DVBE) Participation Reporting Requirements” of the general provisions applicable to this solicitation for specific regulatory requirements.

G. DVBE Subcontractor Substitution The Bidder understands and agrees that should award of this contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid offer, per MCV § 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the DGS-PD. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in MVC § 999.9; Public Contract Code (PCC) § 10115.10.

COMMERCIALLY USEFUL FUNCTION (CUF)

Suppliers, whether the Bidder or a subcontractor, who have a California certification for one (1) or more of the socio-economic programs (i.e., small business or DVBE), must perform a Commercially Useful Function (CUF) in the resulting contract. CUF is defined in the MVC § 999(b)(5)(B) for DVBEs and in the GC § 14837(d)(4)(A) for small business as consisting of all the following:

• Responsibility for the execution of a distinct element of the work

• Actually performing, managing, or supervising the work

• Performing work that is normal for its business services and functions

• Not further subcontracting work that is greater than that expected by normal industry standards

• Responsible, with respect to any products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing (if applicable), and making payment

Bidders claiming participation in one or more of the socioeconomic programs will have their submissions evaluated by the state in compliance with CUF regulations. At the State’s option, Bidders may be required to submit additional written clarifying information regarding CUF. Failure to submit the requested written information, as specified, may be grounds for rejection of the bid.

BID RESPONSE LIST

Bidders shall include the following documents and attachments as required in the IFB. Documents should be provided in the same order as listed below. Document links are shown below when not attached to the solicitation.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

Required with Bid Response Checklist

X Description

Agreement Cover Letter

Attachment 2 – Cost Worksheet

Attachment 3 – Narrative Response

Attachment 4 – Bidder Minimum Qualifications & Verification Worksheet

Attachment 5 – Product Specification Requirements

Bidder Declaration Form (GSPD-05-105)

California Civil Rights Laws Certification form

Iran Contracting Act Certification

Federal Debarment Certification

Requested with Bid Response, required within five (5) working days after notification from the State, before award

Description

Payee Data Record (STD 204)

Darfur Contracting Act

Required with the Bid Response only if the Bidder and/or subcontractor is a certified SB/DVBE and/or Bidder is claiming a preference or incentive

Description

Disabled Veteran Business Enterprise Declaration Form DGS PD 843

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

Bidder’s Summary, form (DGS PD 526) for goods and services.

Do not submit this IFB document with bid.

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

TAX DELINQUENCY

Pursuant to the Public Contract Code § 10295.4, prior to executing any State agreement or renewal for non-IT goods or services, the contracting department must verify that the Bidder in not on either of the prohibited lists below. If Bidder is on either list, they will be ineligible for agreement award.

FTB Top 500 Delinquent Taxpayers CDTFA Top 500 Sales & Use Tax Delinquencies in California https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.dgs.ca.gov/-/media/A7EE965578CA4CC1A63087423C7BED0C.ashx https://www.dgs.ca.gov/-/media/D4C59DC1DD754EB4991091E27D02E395.ashx https://www.dgs.ca.gov/-/media/6E5A30EF583B48CF85DEDAB178FDFC42.ashx https://www.dgs.ca.gov/-/media/divisions/pd/acquisitions/solicitation%20document%20attachments/darfur%20contracting%20act.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf file://///YO00FIL001/Common2/Acquisitions/One%20Time%20Acquisitions/IT%20-%20FORMS%20-%20TEMPLATES/FORMS/RFQ-IFB-RFO%20TEMPLATES/Use%20for%20EMAIL%20Responses/FTB%20Top%20500%20Delinquent%20Taxpayers https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

VALIDATION OF REQUIREMENTS

The State will check each bid detail to determine its compliance to the bid requirements. If a bid fails to meet bid requirements, the State will determine whether the deviation is material. A material deviation will be cause for 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.

CLARIFYING INFORMATION

During the evaluation and selection process, the State may ask the Bidder to clarify conflicting information in their bid response when compliance with the solicitation requirements cannot be determined. Clarifications provided by the Bidder may not change the original bid submission. Missing or non-compliant bid response information is not grounds for the State to request clarification.

Clarification will not be requested if the Bidder has been deemed non-compliant to other mandatory requirements. It is the responsibility of the Bidder to submit a complete, legible, and comprehensible bid.

Failure to submit the requested written information within the timeframe provided by the State will be grounds for bid rejection.

DRAFTS

If the State determines that bids from all Bidders contain material deviations, the State may declare the bids to be draft bids. If bids are declared drafts, the State will issue an addendum to the solicitation document and confidential discussions may be held with the Bidders who wish to continue in the bidding process. Notifying the Bidder of defects is intended to minimize the risk that the final bids will be deemed non-compliant; however, the State will not provide any warranty that all defects in the draft bids have been detected. Notification of defects in the draft bid will not preclude rejection of the final bid, if undiscovered defects contained in the declared draft bid are later found in the final bid.

Oral statements made by either party during confidential discussions shall not be binding.

NEGOTIATIONS

The State may elect to enter into negotiations pursuant to Public Contract Code §6611 if conditions exist. Should the State elect to negotiate, the process shall be described in writing and provided to the parties involved prior to commencement of negotiations.

PUBLIC BID READINGS

All bids received by the due date and time will be opened and read at a public bid reading. Bid readings will be conducted through Microsoft Teams. All participating Bidders and interested parties may attend by using the Microsoft Teams access information below:

Microsoft Teams Meeting Link: Join the meeting now Call in:916-245-8850 Conference ID:225 110 02#

The bid opening will begin at the time and date indication in Section 2, Key Action Dates.

Participants are encouraged to call in on time to be admitted.

AWARD NOTIFICATION

Bidders desiring to receive notification of the bid results and intended awardee, please include a “Notice of Intent to Award” request along with your submitted bid.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjdmYzc0NDgtNWE2My00ZDhmLThmOWUtNzFjMDI3MzJkZDBm%40thread.v2/0?context=%7b%22Tid%22%3a%22ea45f7b1-07d7-49a8-b8f5-37136ec9382d%22%2c%22Oid%22%3a%22a03e41c9-574d-48ea-8fb8-78277c20d816%22%7d

STATE FINANCIAL MARKETPLACE

The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing purchase (using GS $Mart), or operating lease (using Lease $Mart) through the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is done through the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor will pay the Contractor on behalf of the State for all product listed on the State's procurement document.

ATTACHMENTS

The following list identifies the applicable Attachments for this solicitation:

• Agreement Cover Letter

• Attachment 1 – Sample Agreement o Exhibit A – Statement of Work o Exhibit B – Budget Detail and Payment Provisions o Exhibit B-1 – Cost Worksheet o Exhibit C – Information Technology General Provisions Cloud Computing Services DGS

PD 402-ITGP Cloud (Rev. 02/20/2025)

• Attachment 2 – Cost Worksheet

• Attachment 3 – Narrative Response

• Attachment 4 – Bidder Minimum Qualifications & Verification Worksheet

• Attachment 5 – Product Specification Requirements

End of Document

Procurement Division, One Time Acquisitions | State of California | California Government Operations Agency

Agreement Cover Letter

By signing below, with inclusion of the date of signature, the Bidder declares that the undersigned complies with the requirements of the solicitation and that the information set forth within is true and correct. This document must be signed and returned along with the entire IFB/RFQ response. An electronic signature is acceptable. An unsigned cover letter will be cause for offer rejection.

A. The signatory to this letter is authorized to bind the respondent company contractually.

B. We have carefully read and will comply with all solicitation requirements.

C. We commit to all terms and conditions as required by the solicitation.

IFB EVENT ID #: 34271

Respondent Company Name:

SB/DVBE Certification #:

(if applicable)

Address:

City, State & Zip Code:

Telephone Number:

Email:

Print Name:

Title:

Signature Date

2. The term of this Agreement is:

SAMPLE

SAMPLE

IFB 35627

Attachment 1, Sample Agreement

Exhibit A, Page 1 of 23

EXHIBIT A – STATEMENT OF WORK

1. OVERVIEW

TDB Contractor (“Contractor”) shall provide the California Pollution Control Financing Authority (CPCFA) with access to a subscription-based Financial Technology (FinTech) cloud platform delivered as a Software-as-a-Service (SaaS) solution and SaaS Subscription Services. The platform shall support and streamline the full lifecycle of the California Capital Access Program (CalCAP), including but not limited to the facilitation of loan enrollment transactions, the processing of claims on defaulted loans, system maintenance, and comprehensive data reporting in compliance with program and regulatory requirements.

The solution shall include, but is not limited to, configuration and/or customization services, report development, data migration, and support, via full-service SaaS platform, that facilitates the deliverables outlined below.

The current on-premises solution, Funding, Reporting, and Enrollment Database (FRED), developed and in operation since 2010, does not comply with State Small Business Credit Initiative (SSBCI 2.0) requirements. The contracted platform shall ensure that the State Treasurer’s Office, CPCFA, will meet the timeline to comply with SSBCI 2.0 requirements.

CPCFA currently supports the following CalCAP programs:

Six (6) loan loss reserve programs:

1) CalCAP for Small Business

2) Seismic Safety

3) Americans with Disabilities Act (ADA)1 (to support ADA compliance)

4) California Air Resources Board (CARB)2 (Zero-emission program)

5) California Energy Commission (CEC) (Zero-emission program)

6) Southern California Edison (SCE) (Zero-emission program)

One (1) collateral support program:

1) CalCAP Collateral Support

The contracted platform shall provide real-time tracking by utilizing technology and automated compliance examination with the ability to monitor the entire lifecycle of transactions which is an essential requirement to meet the contractual obligations in enrolling eligible loans in CalCAP’s credit enhancement programs.

The platform shall allow CalCAP loans to be submitted, enrolled, and maintained electronically, as well as allow for real-time ad-hoc reporting, compliance, funds

1 Active Program, no loans to date, but anticipated in 2025.

2 CARB diesel program ended; FRED used to process claims and maintain loans through maturity, and process monthly and quarterly reporting requirements. CARB funding expected in future for a new zero-emission truck program.

Exhibit A, Page 2 of 23 reconciliation, and claims processing based on the program requirements and guidance.

The technology shall ingest and process applications submitted to CPCFA, to provide portfolio mix recommendations, and/or to ensure compliance with US Department of the Treasury rules. The platform shall use Application Programming Interfaces (API) to connect with other CPCFA systems and external platforms supporting small businesses and CPCFA departmental users. The technology must meet the requirements of the ADA.

2. BACKGROUND

CPCFA, through its CalCAP, administers programs which incentivize capital investment in specific economic activities reflecting state and federal policy goals.

Through the American Rescue Plan Act of 2021 (ARPA), the State Small Business Credit Initiative (SSBCI 2.0) was reauthorized and is administered by the U.S. Department of Treasury. The State, through CPCFA, was designated by the Governor, with oversight responsibility of the SSBCI 2.0, to serve as one of two of California’s authorized representatives for the SSBCI 2.0 in California. CPCFA received federal dollars to deploy to California small businesses and entrepreneurs through its debt programs. CPCFA partners with local banking institutions, Community Development Financial Institutions (CDFI), Credit Unions, and others throughout the state for deployment of the program funds.

CPCFA programs reduce barriers to capital market entry for Socially and Economically Disadvantaged Individuals (SEDI)-owned businesses in California as well as delays that small businesses and entrepreneurs experience in locating a qualified provider of capital that meets their unique needs.

In addition to SSBCI 2.0, CPCFA administers six different loan loss reserve-based programs funded by other State agencies and Independent Contributors and may add more in the future.

3. TERM OF AGREEMENT

The term of Agreement shall be 60 months, with implementation services commencing on June 1, 2025 (or upon approval by the Department of General Services, whichever is later) through May 31, 2030.

The term includes an estimated three-month period to implement a Software as a Service (SaaS) capital access application tool and migrate the data from the legacy system. The term for the subscription shall be 60 months with the option to terminate the agreement without cause after 36 months of SaaS services.

STO shall provide a 30-day notice to Contractor to terminate the agreement. The option to terminate the agreement without cause shall be made at the determination of CPCFA.

4. CONTRACT MANAGEMENT AND CONTACTS

Contractor and CPCFA will assign a Project Manager to control the scope and schedule of

Exhibit A, Page 3 of 23 this agreement, as well as coordinate resources, communications, documentation, and change management process. The Project Manager is the State’s single point of contact during the planning process and can regularly review progress with the State to facilitate a smooth, timely, and well-coordinated implementation.

Contractor and CPCFA will assign technical subject matter experts (SME’s) as a point of contact for operational and technical cooperation and coordination to complete Exhibit A.

Changes in management and subject matter experts are considered administrative changes under this contract; a contract amendment is not required to change management personnel.

CPCFA, STO-ITD, and Contractor contacts during the term of the Agreement will be:

State Treasurer’s Office

Name and Program: TBD

Role: TBD

Attn: TBD

Address: TBD

Phone: TBD

E-mail: TBD

California Pollution Control Financing Authority

Name and Program: TBD

Role: TBD

Attn: TBD

Address: TBD

Contractor (TBD)

Name and Title: TBD

Role: TBD

Attn: TBD

Address: TBD

5. OBJECTIVES AND REQUIREMENTS

(Contractor) shall deliver a fully functional FinTech Platform SaaS application tool to CPCFA that complies with the objectives and requirements in this Statement of Work (SOW) to include, but not limited to, configuration and/or customization services, report development, and data migration. Contractor shall provide support to the State with a full-service SaaS platform that facilitates the deliverables as outlined herein.

Exhibit A, Page 4 of 23

A. SaaS Application Requirements

The Contractor shall provide a Software-as-a-Service (SaaS) application tool that meets the following requirements:

1. Electronic Application Processing

The SaaS application shall accept, process, and deliver electronic financial applications submitted by participating lenders on behalf of public applicants through a secure, web-based portal. The portal shall leverage Optical Character Recognition (OCR) and Natural Language Processing (NLP) technologies to capture, extract, and interpret submitted data.

2. Automated Application Workflow

The SaaS application shall incorporate an automated…