GAVIN NEWSOM

GOVERNOR

CAROLINE THOMAS JACOBS

DIRECTOR

INVITATION FOR BID (IFB)

ONESTREAM IMPLEMENTATION SERVICES

IFB No. A251017444

Released On:

May 6, 2026

RETURN BID TO:

ITContracts@CalOES.ca.gov

Procurement Official:

Flora Karami California Governor’s Office of Emergency Services

Information Technology Admin

3650 SCHRIEVER AVENUE, MATHER, CA 95655

(916) 845-8506 TELEPHONE

www.CalOES.ca.gov mailto:ITContracts@CalOES.ca.gov http://www.caloes.ca.gov/

California Governor’s Office of Emergency Services OneStream Implementation Services IFB No. A251017444

TOC-1

Table of Contents

SECTION I - GENERAL INFORMATION

1. PURPOSE AND SCOPE

2. KEY ACTION DATES

3. RULES GOVERNING COMPETITION

4. METHOD OF AWARD

5. SAMPLE AGREEMENT

6. PROCUREMENT OFFICIAL

7. BUSINESS ENTITY

8. SOCIOECONOMIC PREFERENCE AND INCENTIVE PROGRAMS

9. TAX DELINQUENCY

10. STATE’S OWN BID DOCUMENTS/SOLICITATION

11. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE NOTIFICATION

SECTION 2 - RULES GOVERNING COMPETITION

A. IDENTIFICATION AND CLASSIFICATION OF IFB/RFP REQUIREMENTS

B. BIDDING REQUIREMENTS AND CONDITIONS

C. BIDDING STEPS

D. CONTRACTUAL INFORMATION

E. OTHER INFORMATION

1. Protests

2. Disposition of Proposals and Bids

3. Contacts for Information

SECTION 2.A - COMPETITIVE BIDDING AND BID RESPONSIVENESS

SECTION 3 - PROPOSAL AND BID FORMAT

i. PUBLIC COST OPENING

ATTACHMENT 1 – AGREEMENT COVER LETTER

ATTACHMENT 2 – COST WORKSHEET

ATTACHMENT 3 – MANDATORY REQUIREMENTS

ATTACHMENT 4 – TECHNICAL NARRATIVE

1. Overall Approach (20 Points)

2. Implementation & Migration Approach (50 Points)

3. Programmatic & Regulatory Understanding (5 Points)

4. User Training & Knowledge Transfer (15 Points)

ATTACHMENT 5 – CONFIDENTIALITY STATEMENT

ATTACHMENT 6 – BIDDER RESPONSE ITEMS

TOC-2

ATTACHMENT 7 - VALUE EFFECTIVE EVALUATION AND SCORING CRITERIA

1. PHASE 1 – ACCEPTANCE

2. PHASE 2 – ADMINISTRATIVE REQUIREMENTS - PASS/FAIL

3. PHASE 3 – MANDATORY REQUIREMENTS – PASS/FAIL

4. PHASE 4 – TECHNICAL ASSESSMENT – SCORED

5. EVALUTATION SUMMARY

6. COST POINTS – SCORED

7. SOCIOECONOMIC PREFERENCES

8. FINAL SCORING METHODOLOGY

9. SELECTION

10. CHECKLIST

ATTACHMENT 8 – SAMPLE AGREEMENT

SECTION I - GENERAL INFORMATION

1. PURPOSE AND SCOPE

The purpose of this Invitation for Bid (IFB) is to obtain implementation and configuration services for the Software as a Service (SaaS) platform, OneStream.

Responses to this IFB will be evaluated based on the total bid, and award, if made, will be to a single bidder awarded the highest points as calculated in accordance with the methodology defined in Attachment 7, Value Effective Evaluation and Scoring Criteria.

The mandatory Disabled Veterans Business Enterprise (DVBE) Participation Requirement has been exempted for this IFB.

2. 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 an addendum to this IFB.

KEY ACTION DATE & TIME

Release of IFB May 6, 2026

Bidder Notice of Intent to Bid May 12, 2026

Last Day to Submit Questions May 15, 2026 (12:00 P.M., PT)

Response to Questions May 19, 2026 (4:00 P.M., PT)

Bid Due Date* May 26, 2026 (12:00 P.M., PT)

Public Cost Opening June 1, 2026 (10:00 A.M., PT)

Proposed Notice of Intent to Award Date June 3, 2026

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

3. RULES GOVERNING COMPETITION

Please refer to Section 2, Rules Governing Competition, for specific bidder instructions. This IFB includes designations to indicate IFB submittal items that are mandatory pass/fail (M)(P/F), mandatory scored (M)(S), and non-mandatory scored (NM)(S).

4. METHOD OF AWARD

Award, if made, shall be based on the “Value Effective” methodology to the responsive and responsible Bidder with the highest score, 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.

5. SAMPLE AGREEMENT

When formulating bid response, Bidders shall comply with Attachment 8 – Sample Agreement, Exhibit A, Statement of Work, and all exhibits therein.

6. 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 on 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: Flora Karami

Phone: (916) 845-8808

Email: ITContracts@CalOES.ca.gov

7. BUSINESS ENTITY

Bidder’s firm must be in good standing and currently hold any/all required licenses and permits to perform/conduct business in the State of California. If a corporation or limited liability company, Bidder’s Secretary of State (SOS) certification should be approved and in “Active” status at the time of final proposal due date. If a Bidder’s SOS certification is not in “Active” status on the final proposal submission date, the Bidder will have five (5) days after notification from the State to provide an “Active” SOS certification. If a sole mailto:ITContracts@CalOES.ca.gov proprietorship, be registered with the city, county, or other local government entity in which the principal place of business is located.

8. 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

• 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 X – 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% of the lowest net bid amount or $100,000.00, whichever is less for low bid.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirements

For the purposes of this solicitation, the DVBE participation requirement has been exempted.

B. DVBE Incentive

Pursuant to Military and Veterans Code § 999.5, subdivision (a), a bid incentive of 1 to 5 percent will be applied for DVBE participation regardless of whether the DVBE Participation Requirement is exempted.

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.

If claiming the DVBE Incentive, Bidder must indicate by checking “yes” on Attachment 6 – Bidder Response Items. If the incentive is achieved by use of subcontractor(s), bidder must list the subcontractor information on the GSPD-05-105 Bidder Declaration and submit the DVBE Declaration Form

STD. 843.

C. Small Business Preference

The following information shall apply to both Small Businesses (SBs) and Microbusinesses (MBs).

A five (5) percent bid preference is available to Bidders certified as a small business in accordance with 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, § 1896 et seq.).

D. Non-Small Business Subcontractor Preference

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

E. 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. (Govt. Code, § 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)

If, for the Contract, Contractor made a commitment to achieve the DVBE participation goal, then, pursuant to Military & Veterans Code, § 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 certification requirements 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.

F. 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 Military and Veterans Code § 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 M&VC § 999.9;

Public Contract Code (PCC) § 10115.10.

G. DVBE INCENTIVE

Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to a Bidder who provides 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 DGS PD-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. The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: Incentive Amount

5% or Over 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

A Bidder is eligible to receive this additional DVBE incentive if they are a certified DVBE or if a non DVBE Bidder commits to use a certified DVBE(s) as subcontractor(s) (if subcontracting is allowable in Exhibit A, Statement of Work).

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 number 1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses.

1) Certified DVBE Bidder incentive considerations:

i. Commit to performing 1% or more of the contract bid value with the prime bidders’ firm or in combination with another DVBE(s)

ii. Document DVBE participation on the Bidder Declaration GSPD-05-105, Attachment 6.

iii. Submit a completed Disabled Veteran Business Enterprise Declarations form, DGS PD 843, (Attachment X) signed by the DVBE owner/manager.

2) Non-DVBE Bidder incentive considerations:

i. Commit to using certified DVBE(s) for 1% or more of the bid value.

ii. Document DVBE participation on the Bidder Declaration GSPD-05-105, Attachment 6.

iii. Submit a completed Disabled Veteran Business Enterprise Declarations form, DGS PD 843, (Attachment X) signed by the DVBE owner/manager for each certified DVBE subcontractor.

3) Locating DVBE Subcontractors

i. State Resources: Access the list of all certified DVBEs by using the Department of General Services, Procurement

Division (DGS-PD), online certified firm database at:

www.caleprocure.ca.gov

To begin your search, click on “Small Business/Disabled Veteran Business Enterprise,” then click “Search for Certified SB/DVBE Firms.” Search by “Keywords” or “UNSPSC Classifications” 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.caleprocure.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:

OSDSHelp@dgs.ca.gov

H. 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 Government Code § 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.

I. COMMERCIALLY USEFUL FUNCTION (CUF)

http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/ mailto:OSDSHelp@dgs.ca.gov https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference#%3A%7E%3Atext%3DAny%20vendor%20whose%20bid%20is%2Clocated%20in%20the%20qualified%20zone mailto:TACPA@dgs.ca.gov

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 Military and Veterans Code § 999(b)(5)(B) for DVBEs and in the Government Code § 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.

9. TAX DELINQUENCY

Pursuant to the Public Contract Code § 10295.4, prior to executing any State agreement or renewal for IT goods or services, the contracting department must verify that the Bidder is 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

10. 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 referring to supplier attachments which include terms and https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm conditions that conflict with the State's complete solicitation shall be considered non-responsive and such bids shall be rejected.

11. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE NOTIFICATION

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder 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 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which 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 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.

SECTION 2 - RULES GOVERNING COMPETITION

A. IDENTIFICATION AND CLASSIFICATION OF IFB/RFP REQUIREMENTS

1. Requirements

The State has established certain requirements with respect to bids to be submitted by prospective contractors. The use of "shall," "must," or "will" (except to indicate simple futurity) in the IFB/RFP indicates a requirement or condition which 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/RFP 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 supplier, or on the cost to the State. Material deviations cannot be waived.

2. Desirable Items

The words "should" or "may" in the IFB/RFP 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. *

B. BIDDING REQUIREMENTS AND CONDITIONS

1. General

This IFB/RFP, the evaluation of responses, and the award of any resultant contract shall be made in conformance with current competitive bidding procedures as they relate to the procurement of goods and services by public bodies in the State of California. A bidder's Final Bid is an irrevocable offer for 45 days following the scheduled date for contract award specified in Section I. A bidder may extend the offer in the event of a delay of contract award.

2. IFB/RFP Documents

This IFB/RFP includes, in addition to an explanation of the State's needs which must be met, instructions which prescribe the format and content of bids to be submitted and the model(s) of the contract(s) to be executed between the State and the successful bidder(s).

If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this IFB/RFP, the bidder shall immediately notify the Department

Official identified in Section I of such error in writing and request clarification or modification of the document.

∗ If this solicitation document is an RFP, the word "bid" as used throughout is intended to mean "proposed," "propose" or "proposal" as appropriate.

Modifications will be made by addenda issued pursuant to Paragraph B-7, Addenda, below. Such clarifications shall be given by written notice to all parties who have identified themselves as bidders to the Department Official identified in Section I, without divulging the source of the request for same. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible therefore.

If the IFB/RFP contains an error known to the bidder, or an error that reasonably should have been known, the bidder shall bid at its own risk. If the bidder fails to notify the State of the error prior to the date fixed for submission of bids, and is awarded the contract, the bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

3. Examination of the Work

The bidder should carefully examine the entire IFB/RFP and any addenda thereto, and all related materials and data referenced in the IFB/RFP or otherwise available to the bidder, and should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work. Specific conditions to be examined may be listed in the IFB/RFP section on Administrative Requirements and/or the section on Technical Requirements.

4. Questions Regarding the IFB/RFP

Bidders requiring clarification of the intent or content of this IFB/RFP or on procedural matters regarding the competitive bid process may request clarification by submitting questions, in an email or envelope clearly marked "Questions Relating to IFB/RFP - " (using the IFB/RFP identification on the IFB/RFP title page), to the Department Official listed in Section I. To ensure a response, questions must be received in writing by the scheduled date(s) given in Section I. Question and answer sets will be provided to all bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

A bidder who desires clarification or further information on the content of the IFB/RFP, but whose questions relate to the proprietary aspect of that bidder's proposal and which, if disclosed to other bidders, would expose that bidder's proposal, may submit such questions in the same manner as above, but also marked "CONFIDENTIAL," and not later than the scheduled date specified in Section I to ensure a response. The bidder must explain why any questions are sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the proposal, the question will be answered and both the question and answer will be kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered in this manner and the bidder will be so notified.

If the bidder believes that one or more of the IFB/RFP requirements is onerous, unfair, or imposes unnecessary constraints to the bidder in proposing less costly or alternate solutions, the bidder may request a change to the IFB/RFP by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. Such request must be submitted to the Department Official by the date specified in Section I for submitting a request for change. Oral answers shall not be binding on the State.

5. Bidders' Conference

A Bidders' Conference may be held, during which suppliers will be afforded the opportunity to meet with State personnel and discuss the content of the IFB/RFP and the procurement process. Suppliers are encouraged to attend the Bidders’ Conference. The time, date and place of such conference, if held, is included in the Key Action Dates specified in Section I. Written questions received prior to the cutoff date for submission of such questions, as noted in Section I, will be answered at the conference without divulging the source of the query.

The State may also accept oral questions during the conference and will make a reasonable attempt to provide answers prior to the conclusion of the conference. A transcript of the discussion, or those portions which contain the questions and appropriate answers, will normally be transmitted within approximately ten (10) working days to all suppliers who have submitted an intention to bid and those who have submitted a written request to receive the information. Written requests are to be submitted to the Department Official identified in Section I. If questions asked at the conference cannot be adequately answered during the discussion, answers will be provided with the transcribed data. Oral answers shall not be binding on the State.

6. Supplier's Intention to Submit a Bid

Suppliers who want to participate in the bidding process are asked to state their intention by the date specified in Section I, KEY ACTION DATES, with respect to submission of bids. The State is also interested as to a supplier's reasons for not submitting a bid; as, for example, requirements that cannot be met or unusual terms and conditions which arbitrarily raise costs.

Suppliers are asked to categorize their intent as follows:

a. Intends to submit a bid and has no problem with the IFB/RFP requirements.

b. Intends to submit a bid, but has one or more problems with the IFB/RFP requirements for reasons stated in this response.

c. Does not intend to submit a bid, for reasons stated in this response, and has no problem with the IFB/RFP requirements.

d. Does not intend to submit a bid because of one or more problems with the IFB/RFP requirements for reasons stated in this response.

If a supplier intends to submit a bid, the letter should include additional information identified in Section I, INTENTION TO BID. If suppliers have indicated significant problems with the IFB/RFP requirements, the State will examine the stated reasons for the problems and will attempt to resolve any issues in contention, if not contrary to the State's interest, and will amend the IFB/RFP if appropriate. All suppliers who have submitted an intention will be advised by the State of any actions taken as a result of the suppliers' responses. If after such actions, a supplier determines that the requirements of the IFB/RFP unnecessarily restrict its ability to bid, the supplier is allowed five (5) working days to submit a protest to those IFB/RFP requirements or the State's action, according to the instructions contained in paragraph E-1 of this section.

Hereafter, for the purposes of the instructions of this IFB/RFP, all suppliers who have indicated their intent to submit a Final Bid are called bidders until such time that the bidder withdraws or other facts indicate that the bidder has become nonparticipating. Should a bidder not participate in a bid step, the State reserves the right to drop them from the participating bidder list and they will not receive any further correspondence until they contact the Department Official to indicate that they would like further correspondence.

7. Addenda

The State may modify the IFB/RFP prior to the date fixed for Contract Award by issuance of an addendum to all bidders who are participating in the bidding process at the time the addendum is issued, unless the amendments are such as to offer the opportunity for nonparticipating bidders or supplies that submitted an intention to become participating, in which case the addendum will also be sent to those parties. Addenda will be numbered consecutively. If any supplier determines that an addendum unnecessarily restricts its ability to bid, the supplier is allowed five (5) working days to submit a protest to the addendum according to the instructions contained in Paragraph E-1 of this section.

8. Plastic Trash Bag Certification Violations

Public Resources Code Section 42290 et seq. prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a State contract or subcontract or renewal, extension, or modification of an existing contract or subcontract.

Prior to award the State shall ascertain if the intended awardee or proposed subcontractor is a business identified on the current California Integrated Waste Management Board noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the Board of the proposed award and afford the Board the opportunity to advise the State. No award will be made when either the bidder or a subcontractor has been identified either by published list or by advice from the Board, to be in violation of certification requirements.

9. Bonds

The State reserves the right to require a faithful performance bond or other security document as specified in the IFB/RFP from the supplier in an amount not to exceed the amount of the contract. In the event a surety bond is required by the State which has not been expressly required by the specification, the State will reimburse the supplier, as an addition to the purchase price, in an amount not exceeding the standard premium on such bond.

10. Discounts

In connection with any discount offered, except when provision is made for a testing period preceding acceptance by the State, time will be computed from date of delivery of the supplies or equipment as specified, or from date correct invoices are received in the office specified by the State if the latter date is later than the date of delivery. When provision is made for a testing period preceding acceptance by the State, date of delivery shall mean the date the supplies or equipment are accepted by the State during the specified testing period. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the State warrant or check.

Cash discounts offered by bidders for the prompt payment of invoices will not be considered in evaluating offers for award purposes; however, all offered discounts will be taken if the payment is made within the discount period, even though not considered in the evaluation of offers.

11. Joint Bids

Joint proposals are not accepted for this solicitation.

12. Air or Water Pollution Violations

Unless the contract is less than $25,000 or with a non-competitively bid contractor, Government Code Section 4477 prohibits the State from contracting with a person, including a corporation or other business association, who has been determined to be in violation of any state or federal air or water pollution control law.

Prior to an award, the State shall ascertain if the intended awardee is a person included in notices from the Boards. In the event of any doubt of the intended awardee's identity or status as a person who is in violation of any state or federal air or water pollution law, the State will notify the appropriate Board of the proposed award and afford the Board the opportunity to advise the Department that the intended awardee is such a person.

No award will be made to a person who is identified either by the published notices or by advice, as a person in violation of state or federal air or water pollution control laws.

13. Fair Employment and Housing Commission Regulations

The California Government Code Section 12990 requires all State contractors to have implemented a Nondiscrimination Program before entering into any contract with the State. The Department of Fair Employment and Housing (DFEH) randomly selects and reviews State contractors to ensure their compliance with the law. DFEH periodically disseminates a list of suppliers who have not complied. Any supplier so identified is ineligible to enter into any State contract.

14. Exclusion for Conflict of Interest

No consultant shall be paid out of State funds for developing recommendations on the acquisition of information technology (IT) products or services or assisting in the preparation of a feasibility study, if that consultant is to be a source of such acquisition or could otherwise directly and/or materially benefit from State adoption of such recommendations or the course of action recommended in the feasibility study. Further, no consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus IT products, if that consultant would directly and/or materially benefit from State adoption of such recommendations.

15. Seller’s Permit

This IFB/RFP is subject to all requirements set forth in Sections 6452, 6487, 7101 and 18510 of the Revenue and Taxation Code, and Section 10295 of the Public Contract Code, requiring suppliers to provide a copy of their retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization. Unless otherwise specified in this IFB/RFP, a copy of the retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates, must be submitted within five (5) State business days of the State’s request. Failure of the supplier to comply by supplying the required documentation will cause the supplier’s bid to be considered nonresponsive and the bid rejected.

16. Disclosure of Financial Interests

Proposals in response to State procurements for assistance in preparation of feasibility studies or the development of recommendations for the acquisition of IT products and services must disclose any financial interests (i.e., service contract, Original Equipment Manufacturer (OEM) agreements, remarketing agreements, etc.) that may foreseeably allow the individual or organization submitting the proposal to materially benefit from the State's adoption of a course of action recommended in the feasibility study or the acquisition recommendations. If, in the State's judgment, the financial interest will jeopardize the objectivity of the recommendations, the State may reject the proposal.

17. Unfair Practices Act and Other Laws

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section 17000 et seq.) and all applicable State and Federal laws and regulations.

C. BIDDING STEPS

1. General

The procurement process to be used in this acquisition is composed of at least one phase of bid development. REFER TO SECTION I TO DETERMINE

WHICH PHASES AND STEPS ARE INCLUDED IN THIS IFB/RFP. REFERENCES IN

THIS SECTION II TO STEPS NOT INCLUDED IN SECTION I ARE NOT APPLICABLE

TO THIS IFB/RFP. There is always a Final Phase, which may include a Draft Bid and revisions, and will always include a Final Bid. Prior to the Final Phase, there may be a Compliance Phase. The possible steps of the Compliance Phase are a Conceptual Proposal, Detailed Technical Proposal and revisions of either or both. A description of these phases and their steps follows.

The Final Bid is a mandatory step for all bidders; all other steps are optional.

However, all bidders are strongly encouraged to follow the scheduled steps of this procurement to increase the chance of submitting a compliant Final Bid. Cost submitted in any submission other than the Final Bid may preclude the bidder from continuing in the process.

2. Compliance Phase

The Compliance Phase is an iterative, conversational mode of proposal and contract development. It requires the State, working together in confidence with each bidder, to assess and discuss the viability and effectiveness of the bidder's proposed methods of meeting the State's needs as reflected in the IFB/RFP. It is a departure from the rigid "either accept or reject" philosophy of traditional competitive bidding, yet it is highly competitive in nature. It provides the flexibility needed for the bidder to test a solution prior to formal submittal of the Final Bid, and it facilitates the correction of defects before they become fatal to the bid. The steps may include the submission of a Conceptual Proposal and/or a Detailed Technical Proposal by the bidder, Confidential Discussions of the bidder's proposal(s) and written Discussion Memorandum as to the correction of defects and the State's acceptance of such changes.

a. Conceptual Proposal

The Conceptual Proposal may be included for the purpose of allowing each bidder to provide a general concept of a proposal with just enough detail to enable the evaluators to determine if the bidder is on the right track toward meeting the functional requirements as stated in the IFB/RFP; and if not, where the bidder must change a concept. This step invites the bidder to be as innovative as the IFB/RFP requirements allow in eliminating unnecessary constraints.

b. Detailed Technical Proposal

The Detailed Technical Proposal may be included for the purpose of allowing each bidder to provide a detailed technical description of its proposal to determine at an early stage whether the proposal is totally responsive to all the requirements of the IFB/RFP, and if not, which elements are not responsive and what changes would be necessary and acceptable.

c. Evaluation of Proposals and Discussion Agenda

Upon receipt of the Conceptual and Detailed Technical Proposals, the evaluation team will review each proposal in accordance with the evaluation methodology outlined in the IFB/RFP section on EVALUATION for the purpose of identifying areas in which the proposal is nonresponsive to a requirement, is otherwise defective, or in which additional clarification is required in order that the State may fully understand the ramifications of an action proposed by the bidder. As a result of this evaluation, the evaluation team will prepare an agenda of items to be discussed with the bidder, and will normally transmit the agenda to the bidder at least two working days before the scheduled meeting. The agenda may also include, in addition to the identification of discovered defects, a discussion of the bidder's proposed supplier support, implementation plans, validation plans, demonstration plans and proposed contracts, as appropriate.

d. Confidential Discussion with Each Bidder

In accordance with the discussion agenda, the evaluation team will meet with each bidder for the purpose of discussing the Conceptual Proposal or Detailed Technical Proposal (as the case may be) in detail.

The bidder may bring to the discussion those persons who may be required to answer questions or commit to changes. As the first order of business, the bidder may be asked to give a short proposal overview presentation. To the maximum extent practical, the bidder will address the major concerns of the evaluation team, as expressed in the Discussion Agenda, and should be prepared to answer any questions that may arise as a result of the presentation. The participants will then proceed to discuss each of the agenda items.

The State will not make counter proposals to a bidder's proposed solution to the IFB/RFP requirements. The State will only identify its concerns, ask for clarification, and express its reservations if a particular requirement of the IFB/RFP is not, in the opinion of the State, appropriately satisfied. The primary purpose of this discussion is to ensure that the bidder's Final Bid will be responsive.

If any contractual items have a bearing on, or are affected by, the content of the proposal, such matters may be discussed in an effort to reach agreement. (As a concurrent activity when identified in KEY ACTION DATE steps in Section I, the bidder and the State may have been working together to negotiate the proposed contract(s) which will become operative if the bidder's Final Bid is accepted by the State.

Further discussion of the contractual aspect of this procurement is contained in paragraph D., CONTRACTUAL INFORMATION.)

Note: In lieu of, or in addition to these Confidential Discussions, Confidential Discussions may be included in the Final Phase.

Confidential Discussions will be identified in Section I, KEY ACTION DATES.

e. Discussion Memorandum

Throughout the Confidential Discussion a written record will be kept of all items discussed, their resolution, and any changes the bidder intends to make and the State's acceptance of such changes. If the bidder's proposal, with the agreed-to changes, is acceptable to the State, such acceptance shall be noted. If agreement has not been reached on all matters during the initial discussion, such will be noted with a specific plan for resolution before the next step. These resolutions and agreements will be prepared in final form as a Discussion Memorandum (which will be the official State documentation of the discussion), and will be mailed to the bidder normally within two work days of the discussion. If the discussion is not completed in one meeting and is continued in subsequent meetings, the Discussion Memoranda will follow the meeting at which the discussion is concluded. If a bidder discovers any discrepancy, omission, or other error in the memorandum, the bidder shall immediately notify the Department Official in Section I of such error in writing and request clarification or correction. Oral statements made by either party shall not obligate either party.

f. Rejection of Bidder's Proposal

If, after full discussion with a bidder, the State is of the opinion that the bidder's proposal (Conceptual Proposal or Detailed Technical Proposal, as the case may be) cannot be restructured or changed in a reasonable time to satisfy the needs of the State, and that further discussion would not likely result in an acceptable proposal in a reasonable time, the bidder will be given written notice that the proposal has been rejected and that a Final Bid submitted along such lines would be nonresponsive.

g. Submission of Amended Proposal

If, at the conclusion of the Confidential Discussion, the State determines that required and agreed-to changes can only be fully confirmed through the submission of an amended proposal (Conceptual Proposal or Detailed Technical Proposal, as the case may be), the State may require the submission of an addendum consisting only of those pages which were in doubt or a complete resubmittal. Similarly, if the bidder wishes confirmation that the changes the bidder intends to make, in accordance with the Discussion Memorandum, are acceptable to the State, the bidder may request and receive permission, if the time permits, to submit such addendum within a reasonable time after the conclusion of the Confidential Discussion. In either event, the State will advise the bidder as to the acceptability of the amended proposal, or may schedule another discussion period, if in the State's opinion, such a discussion is desirable.

3. Final Phase

The purpose of the Final Phase is to obtain bids that are responsive in every respect. This phase may include a Draft Bid and will always include a Final Bid, as described below:

a. Draft Bid

The purpose of the Draft Bid is to provide the State with an "almost final" bid in order to identify any faulty administrative aspect of the bid which, if not corrected, could cause the Final Bid to be rejected for ministerial reasons.

The Draft Bid should correspond to submittals and agreements of the Compliance Phase, if required, and must be complete in every respect as required by the IFB/RFP section on PROPOSAL AND BID FORMAT, except cost. The inclusion of cost information in the Draft Bid may be a basis for rejecting the bid and notifying the bidder that further participation in the procurement is prohibited.

REVIEW OF THE DRAFT BID BY THE STATE MAY INCLUDE CONFIDENTIAL

DISCUSSIONS WITH INDIVIDUAL BIDDERS AND WILL PROVIDE FEEDBACK

TO THE BIDDER PRIOR TO SUBMITTAL OF THE FINAL PROPOSAL. IF NO SUCH

DISCUSSION STEP IS INCLUDED IN THE KEY ACTION DATES THEN THE REVIEW

OF THE DRAFT BID DOES NOT INCLUDE ANY ASSESSMENT OF THE BID'S

RESPONSIVENESS TO THE TECHNICAL REQUIREMENTS OF THE IFB/RFP.

Regardless of the inclusion of a confidential discussion, the State will notify the bidder of any defects it has detected in the Draft Bid, or of the fact that it did not detect any such defects. Such notification is intended to minimize the risk that the Final Bid will be deemed defective;

however, THE STATE WILL NOT PROVIDE ANY WARRANTY THAT ALL

DEFECTS HAVE BEEN DETECTED AND THAT SUCH NOTIFICATION WILL NOT

PRECLUDE REJECTION OF THE FINAL BID IF SUCH DEFECTS ARE LATER

FOUND.

If the State finds it necessary, the State may call for revised Draft Bid submittals, or portions thereof. The bidder will be notified of defects discovered in these submittals as well. Again THE STATE WILL NOT

PROVIDE ANY WARRANTY THAT ALL DEFECTS HAVE BEEN DETECTED AND

THAT SUCH NOTIFICATION WILL NOT PRECLUDE REJECTION OF THE FINAL

BID IF SUCH DEFECTS ARE LATER FOUND.

b. Final Bid

The Final Bid must be complete, including all cost information, required signatures, contract language changes agreed to in writing and corrections to those defects noted by the State in its review of the Draft Bid. If required in the IFB/RFP section PROPOSAL AND BID FORMAT, cost data (as identified in the above referenced section) must be submitted under separate, sealed cover. CHANGES THAT APPEAR IN THE FINAL BID, OTHER THAN CORRECTION OF DEFECTS, INCREASE THE RISK THAT THE

FINAL BID MAY BE FOUND DEFECTIVE.

4. Confidentiality

FINAL BIDS ARE PUBLIC UPON OPENING; HOWEVER, THE CONTENTS OF ALL

PROPOSALS, DRAFT BIDS, CORRESPONDENCE, AGENDA, MEMORANDA,

WORKING PAPERS, OR ANY OTHER MEDIUM WHICH DISCLOSES ANY ASPECT

OF A BIDDER'S PROPOSAL SHALL BE HELD IN THE STRICTEST CONFIDENCE

UNTIL NOTICE OF INTENT TO AWARD. BIDDERS SHOULD BE AWARE THAT

MARKING A DOCUMENT "CONFIDENTIAL" OR "PROPRIETARY" IN A FINAL BID

MAY EXCLUDE IT FROM CONSIDERATION FOR AWARD AND WILL NOT KEEP

THAT DOCUMENT FROM BEING RELEASED AFTER NOTICE OF INTENT TO

AWARD AS PART OF THE PUBLIC RECORD, UNLESS A COURT HAS ORDERED

THE STATE NOT TO RELEASE THE DOCUMENT. THE CONTENT OF ALL WORKING

PAPERS AND DISCUSSIONS RELATING TO THE BIDDER'S PROPOSAL SHALL BE

HELD IN CONFIDENCE INDEFINITELY UNLESS THE PUBLIC INTEREST IS BEST

SERVED BY AN ITEM'S DISCLOSURE BECAUSE OF ITS DIRECT PERTINENCE TO A

DECISION, AGREEMENT OR THE EVALUATION OF THE BID. ANY DISCLOSURE

OF CONFIDENTIAL INFORMATION BY THE BIDDER IS A BASIS FOR REJECTING

THE BIDDER'S PROPOSAL AND RULING THE BIDDER INELIGIBLE TO FURTHER

PARTICIPATE. ANY DISCLOSURE OF CONFIDENTIAL INFORMATION BY A STATE

EMPLOYEE IS A BASIS FOR DISCIPLINARY ACTION, INCLUDING DISMISSAL

FROM STATE EMPLOYMENT, AS PROVIDED BY GOVERNMENT CODE SECTION

19570 ET SEQ. TOTAL CONFIDENTIALITY IS PARAMOUNT; IT CANNOT BE OVER

EMPHASIZED.

5. Submission of Proposals and Bids

The instructions contained herein apply to the Final Bid. They also apply to the Conceptual Proposal, Detailed Technical Proposal, and Draft Bid, except as noted.

a. Preparation

Proposals and bids are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this IFB/RFP. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. EMPHASIS

SHOULD BE CONCENTRATED ON CONFORMANCE TO THE IFB/RFP

INSTRUCTIONS, RESPONSIVENESS TO THE IFB/RFP REQUIREMENTS, AND ON

COMPLETENESS AND CLARITY OF CONTENT.

As stated above, the State's evaluation of Conceptual and Detailed Technical Proposals is preliminary, and the review of Draft Bids is cursory.

Therefore, bidders are cautioned to not rely on the State, during these evaluations and reviews, to discover and report to the bidders all defects and errors in the submitted documents. Before submitting each document, the bidder should carefully proof it for errors and adherence to the IFB/RFP requirements.

b. Bidder's Cost

Costs for developing proposals and bids are the…