P2491002_RFP_Primary_CS.pdf

State of California – Natural Resources Agency GAVIN NEWSOM, Governor

DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director

Director’s Office P.O. Box 944209 Sacramento, CA 94244-2090 www.wildlife.ca.gov

Conserving California’s Wildlife Since 1870

REQUEST FOR PROPOSAL - PRIMARY

Notice to Prospective Bidders

July 16, 2024

P2491002, SWAP 2025 Update Proposal Due Date: July 30, 2024

The California Department of Fish and Wildlife invites you to review and respond to this Request for Proposal (RFP). In submitting your proposal, you must comply with the instructions set forth within this RFP.

All agreements entered into with the State of California will include by reference General Terms and Conditions (04/2017) and Contractor Certification Clauses (04/2017) that may be viewed and downloaded at:

General Terms and Conditions (GTC 04/2017) Contractor Certification Clauses (CCC 04/2017)

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the California Department of Fish and Wildlife, this RFP is complete and without need of explanation. However, if you have questions or need any clarifying information, the contact person for this RFP is:

Val Khramtsov

Valeriy.khramtsov@wildlife.ca.gov

Submit all questions to the email address listed above. No verbal information given will be binding upon the State unless such information is issued in writing as an official addendum. Questions via phone calls or in person are not accepted.

Amy Mowrer, Branch Chief Procurement and Contracting Officer Business Management Branch http://www.cdfw.ca.gov/ https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE mailto:Valeriy.khramtsov@wildlife.ca.gov

P2491002 SWAP 2025 Update

CDFW RFP Primary v. 05/2024

Table of Contents

NOTICE OF STATE MANDATED SB/DVBE PROGRAM PARTICIPATION REQUIREMENTS . 3

Section 1: General Information

A. Background and Location of Services B. Agreement Term C. Contract Budget Amount D. Questions Regarding RFP E. Eligible Proposers F. Community-Based Private Nonprofit Bidders G. Executive Order N-6-22 – Russia Sanctions H. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Disclosure I. Loss Leader J. Insurance Requirements K. Minimum Qualifications

Section 2: Submission Requirements

L. Key Action Dates M. Proposal Requirements N. Submission of Proposal

Section 3: Preference and Incentive Programs

O. Target Area Contract Preference Act (TACPA) P. California Certified Small Business (SB) Program Q. Disabled Veteran Business Enterprise (DVBE) Incentive and Participation

Section 4: Evaluation and Award Process

R. Evaluation and Selection S. Award and Protest T. Disposition of Bid U. Agreement Execution and Performance V. Use of Subcontractor(s)

Section 5: Submittal Checklist and Required Attachments

Attachment 1 - Submittal Check List Attachment 2 - Proposal/Proposer Certification Sheet Attachment 3 - Payee Data Record (STD 204/205) Attachment 4 - Contractor Certification Clause (04/2017) Attachment 5 - Bidder Declaration Form Attachment 6 - DVBE Declaration Attachment 7 - Commerically Useful Function (CUF) Certification Attachment 8 - California Public Contract Code Section 10162 Attachment 9 - Darfur Contracting Act Certification Attachment 10 - GenAI Disclosure & Factsheet (STD 1000) Attachment 11 - California Civil Rights Laws Attachment 12 - Target Area Contract Preference Act (TACPA)

RFP Cost Sheet Example is separately attached Sample Standard Agreement (STD. 213) is separately attached

NOTICE OF STATE MANDATED SB/DVBE PROGRAM PARTICIPATION

REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

This solicitation has been exempted from DVBE Participation Program requirements.

However, for those firms voluntarily utilizing DVBE subcontractors, there will be an incentive applied to the level of DVBE participation identified in the bid response not to exceed five percent (5%). For more information, see Section 3:Q.Disabled Veteran Business Enterprise (DVBE) Incentive.

Small Business Program Information

A Small Business Preference of five percent (5%) will be granted in accordance §1896 et seq., Title 2, California Code of Regulations (CCR). To claim the Small Business Preference, your firm must have its principal place of business located in California, an approved small business certification form, and proof of annual receipts on file with the Department of General Services, Office of Small Business and Disabled Veteran Business Services (DGS-OSDS).

If a bidding firm is not a California Certified Small Business and wishes to be considered for the small business calculation preference for this solicitation, bidder application for small business must be received by the DGS-OSDS by the bid due date by close of business. Bidders seeking small business certification status must also notify the State in writing at the time of submission that they have an application for Small Business certification for review and approval at the DGS-OSDS.

Contact DGS-OSDS at:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program or call (916) 375-4941 or (916) 375-4400 for certification assistance.

Non-Small Business

The application of the five percent (5%) Small Business bidding preference is extended to non-small businesses that commit to subcontracting at least twenty-five percent (25%) of its net bid price to California Certified Small Businesses and/or Micro-businesses. For further information on eligibility, see Section 2:P. Small Business Program.

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program

Section 1: General Information

A. Background and Location of Services

1. Background: The California Department of Fish and Wildlife (CDFW) is seeking a consultant to provide planning, coordination, facilitation, and co-writing services to support the State Wildlife Action Plan (SWAP) 2025 Update.

The Contractor will assist CDFW with an update to the 2015 California SWAP.

The SWAP describes the health of fish, wildlife, and plant resources and recommends strategies and actions to conserve California’s species and ecosystems, while recognizing the needs of a diverse, growing and changing human population. The SWAP also focuses on benefits to Species of Greatest Conservation Need (SGCN) which allows for continued access to federal funds through the State Wildlife Grant (SWG) program to help complete conservation-oriented projects in California.

A decadal SWAP Update (Update) is required by the United States Fish and Wildlife Service. The Update will include an inclusive community engagement process, with specific focus on California Native American Tribes, historically marginalized or otherwise underrepresented communities, as well as conservation, science, and stewardship organizations. The engagement process will be followed by development of the public draft.

The Contractor will provide communications, outreach, and community engagement services with conservation, science, and stewardship organizations, historically marginalized or otherwise underrepresented communities, early engagement, and consultation, as appropriate, with California Native American Tribes. The Contractor will also provide co-writing support. There will be a team of two dedicated CDFW staff to work in consultation with the Contractor.

2. For a detailed description of work to be performed, see Exhibit A, Scope of Work, which is attached hereto within the sample STD. 213 standard agreement and made a part of this solicitation.

3. Location: The work will be performed primarily at the Contractor’s location(s).

There may be limited travel required to CDFW’s Sacramento offices (located at 715 P Street, Sacramento, CA 95814) or other meeting location(s), to be determined.

B. Agreement Term

1. The contract term will be from upon contract approval through June 30, 2025.

2. The resulting Agreement may be amended to extend the term by one (1) year if it is determined to be in the best interest of the State. Upon signing the amendment, the bidder hereby agrees to provide services for the extended period at the rates specified in the original Agreement.

C. Contract Budget Amount

The awarded contract will be written for a maximum amount of $200,000.00. The awarded contractor will be required to perform services at the rates identified in their submitted Cost Sheet, which will be incorporated into the awarded contract as Exhibit B, Attachment 1. These rates must remain the same throughout the Agreement term.

D. Questions Regarding RFP

All questions concerning this RFP must be submitted directly to Val Khramtsov at Valeriy.Khramtsov@wildlife.ca.gov on or before July 19, 2024. When submitting questions, indicate the RFP number in the subject line. Questions via fax or telephone will not be accepted. Answers provided by anyone other than the RFP contact named above are not binding upon the State. Answers to questions and other notices about this RFP will be provided via an addendum at the same location on the Cal eProcure website. CDFW is not responsible for sending individual notification of changes or updates.

E. Eligible Proposers

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed proposal in response to this RFP.

The proposer must be legally constituted and qualified to do business within the State of California (registered with the Secretary of State). Except for proposer(s) whose legal status precludes incorporation (i.e., public agencies, sole proprietorships, and partnerships), proposers that are not fully incorporated by the deadline for submitting sealed proposals will be disqualified.

The proposer must also not be listed on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code.

F. Community-Based Private Nonprofit Bidders

1. In accordance with Assembly Bill (AB) 590, Chapter 535: Advance Payments, CDFW may allow advanced payment in contracts to community based private nonprofit agencies, not to exceed 25% of the total award, upon the Department’s determination that an advanced payment is essential for the effective implementation of the contract services.

2. For a private nonprofit agency to be eligible to receive up to 25% of the contract amount, the entity must include the following as part of their bid submission and satisfy the minimum requirements in Government Code 11019.3 (c)(2)(A)(i-viii):

• Submit documentation to support the need for advance payment, which may include, but is not limited to, invoices, contracts, estimates, payroll records, and financial records.

mailto:Valeriy.Khramtsov@wildlife.ca.gov http://www.sos.ca.gov/ https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB590 https://casetext.com/statute/california-codes/california-government-code/title-2-government-of-the-state-of-california/division-3-executive-department/part-1-state-departments-and-agencies/chapter-1-state-agencies/article-1-general/section-110193-effective-112024-expansion-of-existing-advance-payment-practices-for-state-grants-and-contracts-with-nonprofits

• Demonstrate its current status in good standing as nonprofit under section

501(c)(3) of the Internal Revenue Code.

• Provide an itemized budget for the eligible costs the advanced payment will fund.

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

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

H. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Disclosure

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

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

I. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. A "loss leader" is any article or product sold at less than cost: (a) Where the purpose is to induce, promote or encourage the purchase of other merchandise; or (b) Where the effect is a tendency or capacity to mislead or deceive purchasers or prospective purchasers; or (c) Where the effect is to divert trade from or otherwise injure competitors.

J. Insurance Requirements

The below required insurance documents will be requested upon award only. The awarded proposer will be required to maintain the following insurance coverage throughout the duration of the agreement and must supply proof of coverage, including endorsements, upon request by CDFW. Insurance must be in accordance with Exhibit D CDFW Additional Provisions which is attached to the sample agreement and will be incorporated into the resulting agreement.

If the awarded proposer does not supply insurance documents to CDFW on or before the requested date on the Notice of Intent to Award, CDFW may rescind the award for the agreement and award the next lowest cost proposer. Required insurance for this Agreement includes:

1. Commercial General Liability (limits not less than $1,000,000 per occurrence with a $2,000,000 annual policy aggregate)

2. Automobile Liability (limits not less than $1,000,000 combined single limit per accident)

3. Professional Liability (limits not less than $1,000,000 per occurrence and $3,000,000 policy aggregate)

4. Workers Compensation and Employers Liability (limits of $1,000,000 are required. The waiver of subrogation endorsement must also be provided).

The above policies must each be endorsed to include “the State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract”.

K. Minimum Qualifications

1. The Proposer’s Project Director must demonstrate at least five years of experience with guiding businesses, non-profit organizations, and/or government agencies through the assessment, planning, implementation, and successful completion of environmental-planning coordination, with a specific focus on conservation and stewardship; following justice, equity, diversity, and inclusion (JEDI) principles; and accounting for historically marginalized or otherwise underrepresented communities’ engagement-specific experiences. Other project personnel (contractors/subcontractors) who may work under the direction of the Project Director must each have at least one year of experience with guiding non-profit and/or government agencies through the assessment, planning, implementation, and successful completion of environmental-planning coordination. The Proposer must provide examples of at least three completed projects, which demonstrate either the Proposer's or their Subcontractor's experience with leading environmental-planning coordination and engagement with California Native American Tribes.

2. The Proposer’s personnel or their Subcontractor leading the tribal engagement must demonstrate at least three years of engaging with both federally- and non-federally recognized tribes.

3. The Proposer/Subcontractor must be available and willing to travel to Sacramento for meetings, as determined necessary by the Contract Manager.

The Proposer/Subcontractor must have the ability to work remotely and collaborate through web-conferencing programs (i.e., Zoom, Microsoft Teams, etc.).

4. The Proposer/Subcontractor must demonstrate strong written and verbal communication skills, facilitation skills, and the ability to communicate effectively and build relationships with diverse populations.

5. The Proposer/Subcontractor must demonstrate competence, technical expertise, and experience with implementing initiatives and strategies related to environmental conservation, stewardship, science, justice, equity, diversity, and inclusion, including assessments.

6. The Proposer/Subcontractor must demonstrate a record of responsiveness and quality of services provided to prior organizations, as provided through feedback from business references.

7. The Proposer/Subcontractor must demonstrate experience working with, understanding of, and existing relationships with underrepresented communities and environmental conservation, stewardship, and scientific communities in California.

Section 2: Submission Requirements

L. Key Action Dates

EVENT DATE TIME (PT)

RFP available to prospective proposers July 16, 2024 12:00 PM

Final Date for Question Submission July 19, 2024 5:00 PM

Final Date for Proposal Submission July 30, 2024 5:00 PM

Proposal Phase I-II Evaluation July 30-August 2, 2024

Public Bid Cost Sheet Opening August 6, 2024 2:00 PM

Notice of Intent to Award August 7-9, 2024

Proposed Award Date August 12-15, 2024

M. Proposal Requirements

1. Required Attachments:

a. Complete and include all attachments listed in Section 5 below.

2. Narrative Proposal: The Proposer’s name and page number should be placed in the upper right corner starting from the second page forward. Use 3/4" margins, 12-point Arial font, single-spaced type, and avoid non-standard abbreviations.

Proposals should be organized as follows:

a. Cover Letter: The cover letter must include the following information:

i. Introduction of the Prime Contractor

ii. Business information of the Prime Contractor, including legal name, address, email, and phone number

iii. Name of all subcontractor firms

iv. Signature, title, and contact information from a representative of the Prime

Contractor who is authorized to bid the firm contractually.

b. Resumes and Organizational Chart:

i. Provide current detailed resumes of all proposed team members, including members from subcontracted firms.

ii. Provide an organizational chart of all team members, including subcontractors, on the project, their titles, and job descriptions.

c. Minimum Qualifications Documentation:

i. Provide a detailed explanation, with proof, of meeting all the minimum qualifications listed in Section 1: K.1.

d. Detailed Work Plan:

i. Provide a detailed and descriptive proposed Work Plan including the steps necessary to meet all deliverables listed in the Scope of Work.

ii. Identify each major task(s) and/or specific milestones for which progress can be measured and payments made.

e. Prior Work Sample(s):

i. Provide a PDF of one (1) sample report prepared for a current or recently completed client project that is a representative of the Proposer’s quality of work.

3. Cost Sheet

a. Complete and include Cost Sheet (see separately attached RFP Cost Sheet

Example).

N. Submission of Proposal

1. All proposals must be submitted and received by CDFW on or before the final date and time for proposal submissions identified above. Proposals may be submitted by email, mail, or hand delivered. Faxed proposals will not be accepted.

2. Proposals must be complete and accurate. Omissions, inaccuracies, or misstatements will be sufficient cause for rejection of a proposal.

3. All documents contained in the proposal package must be signed by a person who is authorized to bind the proposing firm.

4. Proposal submittal by Email: Proposals may be submitted by email as a pair of PDFs to the RFP contact listed on the front page of this solicitation; only proposals received to this email inbox will be considered. Proposals submitted by email must clearly identify the RFP name and title in the subject line. The proposal and cost sheet must be submitted as separate PDF documents.

Emailed proposals will not be opened by CDFW until the proposal due date and time listed above.

Proposal submittal by Mail or Hand Delivery: A minimum of one (1) hard copy each of the proposal and cost sheet, and one (1) PDF copy each of the proposal and cost sheet on a USB Flash drive must be submitted under sealed cover.

Proposals not submitted under sealed cover will be rejected. The sealed cover must be plainly marked with the RFP number and title, must show your firm name and address, and must be marked with “DO NOT OPEN”, as shown in the example:

5. Mail or deliver bids to one of the following addresses:

U.S. Postal Service Deliveries Hand Deliveries* Department of Fish and Wildlife Department of Fish and Wildlife BMB Contracts Unit BMB Contracts Unit P.O. Box 944209 1700 9th Steet, Second Floor Sacramento, CA 94244-2090 Sacramento, CA 95811

Proposer’s Legal Business Name Proposer’s Business Address

RFP P2491002, SWAP 2025 Update California Department of Fish and Wildlife

[choose address below] ATTN: Val Khramtsov/BMB Contracts

DO NOT OPEN

UPS/FedEx/GLS

Department of Fish and Wildlife Attn: BMB Contracts Unit 960 Riverside Parkway, Suite 90 West Sacramento, CA 95605

*Hand delivered bids must be coordinated and scheduled ahead of time with Val Khramtsov at Valeriy.Khramtsov@wildlife.ca.gov. Hand delivered bids must receive a date and timestamp by CDFW staff upon receipt. CDFW staff may not be available to receive and timestamp unscheduled hand deliveries. Hand delivered bids without a timestamp will be rejected.

6. Any proposal received at the above address after the proposal submission date and time specified in the Key Action Dates will NOT be considered. It is the State's policy to make every effort to ensure that all proposals have been received and properly time stamped; however, proposers are ultimately responsible for ensuring timely receipt of their proposal. Proposers may verify receipt of their proposal by contacting the person identified in the cover letter of this RFP prior to the proposal evaluation.

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

8. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all proposals and may waive an immaterial deviation in a proposal. The State's waiver of an immaterial deviation will in no way modify the RFP document or excuse the proposer from full compliance with all requirements if awarded the agreement.

9. Costs incurred for developing the proposal package and in anticipation of award of the agreement are entirely the responsibility of the proposer and will not be charged to the State of California.

10. An individual who is authorized to bind the proposer contractually must sign the Proposal/Proposer Certification Sheet, (Attachment 2). The signature must indicate the title or position that the individual holds in the firm. An unsigned Certification Sheet will cause proposal to be rejected.

11. A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline as set forth in the Key Action Dates. Proposal modifications offered in any other manner, oral or written, will not be considered.

12. A proposer may withdraw its proposal by submitting a written withdrawal request to CDFW at BMBContracts@wildlife.ca.gov, signed by an authorized agent of the Proposer. A Proposer may thereafter submit a new response prior to the mailto:Valeriy.Khramtsov@wildlife.ca.gov mailto:BMBContracts@wildlife.ca.gov submission deadline as set forth in the Key Action Dates. Modifications offered in any other manner, oral or written, will not be considered.

13. CDFW may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum through the Cal eProcure website (https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx).

14. CDFW reserves the right to reject all proposals. CDFW is not required to award an agreement.

15. Before submitting a response to this solicitation, proposers should review and understand all exhibits and confirm compliance with the RFP requirements.

16. Where applicable, proposer should carefully examine work sites and specifications. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

17. More than one (1) proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered.

18. The State’s General Terms and Conditions are not negotiable. The State does not accept alternate contract language from a prospective Contractor. A proposal with such language will be rejected.

19. No oral understanding or agreement will be binding on either party.

Section 3: Preference and Incentive Programs

O. Target Area Contract Preference Act (TACPA)

Promotes economic development and employment opportunities in designated distressed areas, by offering a five percent (5%) worksite and a 1% - 4% workforce bidding preference. The Preference does not apply to Agreements where the worksite is fixed by the contract terms. Preferences only apply to California based firms, and only when the lowest responsive bid and resulting Agreement exceeds $100,000.

For additional information view website at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services- List-Folder/Request-a-Target-Area-Contract-Preference

P. California Certified Small Business (SB) Program

A Small Business Preference of five percent (5%) will be granted in accordance with Government Code Section 14835, and as contained in California Code of Regulations, title 2, Section 1896.8. To claim the Small Business Preference, which may not exceed $50,000 for any bid, your firm must have its principal place of business located in California and you must have an approved small business certification form and proof of annual receipts on file with the Department of General Services, Office of Small Business and Disabled Veteran Business Services (OSDS). Questions and requests for copies of the regulations should be directed to OSDS at (916) 375-4940.

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference

Proposers requesting the Small Business Preference must complete the certification on the attached Proposal/Proposer Certification Sheet (Attachment 2, Item 14) and include a copy of the certification. The Small Business Preference and Certification Request must be signed in the same style in which the proposer is licensed by the Contractor’s State License Board.

The application of the five percent (5%) Small Business bidding preference is extended to non-small businesses that commit to subcontracting at least twenty-five percent (25%) of its net bid price to California Certified Small Businesses and/or Micro-businesses when the non-small business:

• Includes a notification in the bid submission to the CDFW that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one

(1) or more small businesses

• Submits a timely, responsive bid

• Is determined to be a responsible proposer; and

• Submits a Bidder Declaration GSPD-05-105 (see Attachment 6) listing the small businesses it commits to subcontract with for a commercially useful function in the performance of the Agreement.

The CDFW will grant small businesses a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

• Includes a notification in the bid submission to the CDFW that it is a small business or that it has submitted to the Department of General Services, Office of Small and Disabled Veteran Business Services (OSDS) a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department of General Services as a small business; and

• Submits a timely, responsive bid; and

• Is determined to be a responsible proposer.

Proposers pending Small Business or DVBE Certification applications under review by the Department of General Services concurrent with the bid time frame should contact OSDS to request an expedite review/approval of their application in order to be considered for the small business preference during the evaluation of this bid.

Contact OSDS at (916) 375-4940 to obtain information about the application expedite process.

Proposers must notify the CDFW, in writing, at the time of bid submission that they have an application for Small Business or DVBE Certification under review at the

OSDS, and that they wish to be considered for the Small Business Preference Calculation.

Q. Disabled Veteran Business Enterprise (DVBE) Incentive and Participation

1. DVBE Incentive

In accordance with section 999.5(a) of the Military and Veterans Code, and DVBE Incentive Regulations, CCR 1896.99.100, an incentive will be given to proposers who provide DVBE participation.

For evaluation purposes only, the State will apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 (see Attachment 6), 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:

DVBE

Incentive

5% or Over 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 3%

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

2. DVBE Program Participation Program Requirements

a) The DVBE Participation Program Requirements have been waived for this

RFP; however, an incentive will be given to proposers who provide DVBE participation.

3. DVBE Resources and Information

The Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (DGS-OSDS) is the state's certifying agency that oversees the Small Business (SB), Small Business for the Purpose of Public Works (SB-PW), and Disabled Veteran Business Enterprise (DVBE) certification programs. Resources and Information can be found at:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/Office-of-Small-Business-and-Disabled-Veteran-Business- Enterprise/Certification-Program

4. Commercially Useful Function Definition

All California-certified Small Businesses (SB) and Disabled Veteran Business Enterprise (DVBEs) doing business with the state must perform a Commercially Useful Function (CUF). Performing CUF is a critical requirement for all California-certified firms - SB and DVBE - that do business with the state (Government Code Section 14837 and Military and Veterans Code Section 999).

CUF definition and resources can be found at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

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

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

Section 4: Evaluation and Award Process

R. Evaluation and Selection

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

2. Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the proposer, may be rejected.

3. Cost sheets will remain sealed and will not be opened during the initial proposal opening.

Phase I - Administrative Evaluation

All items listed below must be provided in the proposal to be considered responsive. A responsive proposal is one which meets the Proposal Requirements in Section 2.M.

Administrative Criteria Pass or Fail

1) Proposal includes all of the following documents Pass / Fail

a) Required Attachment Checklist Yes / No

b) Completed Proposer Certification Yes / No

c) Completed Payee Data Record (STD 204/STD 205) Yes / No

d) Completed Contractor Certification Clause (CCC 04/2017) Yes / No

e) Completed Bidder Declaration Yes / No

f) Completed DVBE Declaration Yes / No

g) Completed Commercially Useful Function (CUF) Certification

Yes / No

h) Completed California Public Contract Code Section 10162 Yes / No

i) Completed Darfur Contracting Act Certification 2008 Yes / No

j) Completed GenAI Disclosure & Factsheet (STD 1000) Yes / No

k) Completed Proposer’s References Yes / No

l) Completed CA Civil Rights Law Attachment Yes / No

m) Target Area Contract Preference Yes / No

Administrative Criteria Pass or Fail

n) Proposer is registered with California Secretary of State (unless exempt per Section 1. E, Eligible Proposer page 3 of this solicitation)

Yes / No

o) Copy of California Business License or articles of incorporation

Yes / No

p) Completed proposal including all elements outlined in Section M. Proposal Requirements

Yes / No

Phase II - Narrative Proposal Evaluation

Proposals that pass Phase I will evaluated for compliance according to the scoring criteria indicated below. Narrative proposals are reviewed, evaluated, and scored for compliance with format, content, and qualification requirements. All items listed must be deemed compliant in this phase to be considered responsive. Qualified proposals that are responsive to the RFP requirements will have their cost/price proposal publicly opened and read.

Evaluation Criteria Compliant

(Y/N)

a. Cover Letter: The cover letter must include the following information:

i. Introduction of the Prime Contractor

ii. Business information of the Prime Contractor, including legal name, address, email, and phone number

iii. Name of all subcontractor firms

iv. Signature, title, and contact information from a representative of the Prime Contractor who is authorized to bid the firm contractually

b. Resumes and Organizational Chart:

i. Provide current detailed resumes of all proposed team members, including members from subcontracted firms.

ii. Provide an organizational chart of all team members, including subcontractors, on the project, their titles, and job descriptions.

Evaluation Criteria Compliant

(Y/N)

c. Minimum Qualifications Documentation: Provide a detailed explanation, with proof, of meeting all the minimum qualifications listed in Section 1: K.1.

i. The Proposer’s Project Director must demonstrate at least five years of experience with guiding businesses, non-profit organizations, and/or government agencies through the assessment, planning, implementation, and successful completion of environmental-planning coordination, with a specific focus on conservation and stewardship; following justice, equity, diversity, and inclusion (JEDI) principles; and accounting for historically marginalized or otherwise underrepresented communities’ engagement-specific experiences. Other project personnel (contractors/subcontractors) who may work under the direction of the Project Director must each have at least one year of experience with guiding non-profit and/or government agencies through the assessment, planning, implementation, and successful completion of environmental-planning coordination. The Proposer must provide examples of at least three completed projects, which demonstrate either the Proposer's or

Subcontractor's experience with leading environmental-planning coordination and engagement with California

Native American Tribes.

ii. The Proposer’s personnel or Subcontractor leading the tribal engagement must demonstrate at least three years of engaging with both federally- and non-federally recognized tribes.

iii. The Proposer/Subcontractor must be available and willing to travel to Sacramento for meetings, as determined necessary by the Contract Manager. The

Proposer/Subcontractor must have the ability to work remotely and collaborate through web-conferencing programs (i.e., Zoom, Microsoft Teams, etc.).

iv. The Proposer/Subcontractor must demonstrate strong written and verbal communication skills, facilitation skills, and the ability to communicate effectively and build relationships with diverse populations.

Evaluation Criteria Compliant

(Y/N)

v. The Proposer/Subcontractor must demonstrate competence, technical expertise, and experience with implementing initiatives and strategies related to environmental conservation, stewardship, science, justice, equity, diversity, and inclusion, including assessments.

vi. The Proposer/Subcontractor must demonstrate a record of responsiveness and quality of services provided to prior organizations, as provided through feedback from business references.

vii. The Proposer/Subcontractor must demonstrate experience working with, understanding of, and existing relationships with underrepresented communities and environmental conservation, stewardship, and scientific communities in California.

d. Detailed Work Plan:

viii. Provide a detailed and descriptive proposed Work

Plan including the steps necessary to meet all deliverables listed in the Scope of Work.

ix. Identify each major task(s) and/or specific milestones for which progress can be measured and payments made.

e. Prior Work Sample(s):

x. Provide a PDF of one (1) sample report prepared for a current or recently completed client project that is a representative of the Proposer’s quality of work.

Phase III - Final Proposal Rank Determination

This phase consists of opening and evaluating the sealed Cost Sheets. Qualified proposals that are responsive to the RFP requirements will have their cost/price proposal publicly opened and read. The agreement will be awarded to the lowest responsible proposer meeting the requirements outlined in this RFP.

All proposals that enter Phase III will have met the following criteria:

Phase I – Administrative Evaluation • All criteria passed with no fails

Phase II – Narrative Proposal Evaluation • All criteria deemed compliant

S. Award and Protest

1. Award

a. The contract Award, if made, will be to the lowest responsive/responsible bidder.

b. Bid responses must comply with all RFP requirements. Failure to do so will disqualify the proposal. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this RFP.

c. In the event of a two-way (or more) tie, the method that will be used as a "tie-breaker" will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

d. Small Business bidders, meeting the RFP specifications, will have precedence over Non-Small Business bidders in that the application of any bidder preference for which Non-Small Business bidders that may be eligible under any other provision of law will not result in the denial of the award to a Small Business bidder.

e. In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a Small Business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract will be awarded to the veteran-owned small business.

2. Protest

In Accordance with Public Contract Code Section 10345, if any proposer, prior to the award of an agreement, files a written protest with the Department of General Services, Office of Legal Services, and CDFW on the grounds that the (protesting) proposer is the lowest responsive responsible proposer, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. The protest must be sent to:

Department of General Services California Department of Fish and Wildlife Office of Legal Services Contracts Unit ATTN: Bid Protest Coordinator ATTN: Contracts Unit Manager 707 3rd Street, 7th Floor, Suite 7-330 P.O. Box 944209

West Sacramento, CA 95605 Sacramento, CA 94244-2090 Email: OLSProtests@dgs.ca.gov Email: BMBcontracts@wildlife.ca.gov

Within five (5) days after filing the initial protest, the protesting proposer must file with the Department of General Services and the California Department of Fish and Wildlife a detailed written statement specifying the grounds for the protest. Protests may be submitted by regular mail, facsimile, courier, or personal delivery.

T. Disposition of Bid

Upon proposal opening, all documents submitted in response to this RFP wi become the property of the State of California, and will be available for public inspection under Public Contract Code 10342.

Proposal packages may be returned only at the proposer's expense unless such expense is waived by the awarding agency.

U. Agreement Execution and Performance

This solicitation includes, as a separate document, a Sample Standard Agreement (STD 213 and exhibits) for review. The Sample Standard Agreement contains language that CDFW expects to utilize for this contract.

Work must start on the express date set by the CDFW Contract Manager and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the CDFW, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor will be liable to the State for the difference between Contractor's cost and the actual cost of performing work by the second lowest proposer or by another Contractor.

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

V. Use of Subcontractor(s)

The Contractor will be responsible for all work performed. All persons engaged in the work will be considered employees of the Contractor. When any subcontractor fails to execute a portion of the work in a manner satisfactory to the State, the Contractor must immediately remove such subcontractor upon written request of the State and the subcontractor will not be employed for any portion of the contract. The State will not entertain requests to arbitrate disputes among subcontracts concerning responsibility for performing any part of the work.

Section 5: Submittal Checklist and Required Attachments

Complete this checklist by placing a checkmark or “X” next to each item to confirm your proposal is complete (do not mark N/A). For your proposal to be responsive, all required attachments must be returned. This checklist should be returned with your proposal package also. A complete proposal will include all of the following items:

ATTACHMENT 1 - SUBMITTAL CHECK LIST

Attachment 1 Submittal Checklist (this document)

Attachment 2 Proposal/Proposer Certification Sheet

Attachment 3 Payee Data Record (STD 204/205)

Attachment 4 Contractor’s Certification Clauses (CCC 04/2017)

Attachment 5 Bidder Declaration Form (GSPD-05-105)

Attachment 6 DVBE Declarations (DGS PD 843)

Attachment 7 Commercially Useful Function (CUF) Certification

Attachment 8 California Public Contract Code Section (10162)

Attachment 9 Darfur Contracting Act Certification

Attachment 10 GenAI Disclosure & Factsheet (STD 1000)

Attachment 11 California Civil Rights Laws

Attachment 12 Target Area Contract Preference Act (TACPA)

Other Required Documents:

Copy of California Business License or articles of incorporation (per “Eligible Proposers” Section

Narrative Proposal (Section 2: M.2.)

o Cover Letter o Resumes and Organization Chart o Minimum Qualifications Documentation o References o Detailed Work Plan o Prior Work Sample

Cost Sheet (separately sealed envelope or separate PDF file)

ATTACHMENT 2 - PROPOSAL/PROPOSER CERTIFICATION SHEET

This Proposal/Proposer Certification Sheet must be signed and returned along with all the "required attachments" as an entire package as directed in Submission of Proposal (Section 2) with original signatures. The proposal documents must be transmitted in accordance with RFP instructions.

A. Our all-inclusive cost proposal is submitted in a sealed envelope or separate PDF marked “Cost Proposal – Do Not Open”.

B. All required attachments are included with this certification sheet.

C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals.

D. The signature affixed hereon and dated certifies compliance with all the requirements of this proposal document. The signature below authorizes the verification of this certification.

An unsigned Proposal/Proposer Certification Sheet may be cause for rejection

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

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No.

(FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Proposer’s Name (Print): 11. Title:

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Services (OSDS) as:

a. California Small Business Yes No If yes, enter certification number:

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

c. Non-Small Business Subcontractor Preference Yes No

NOTE: A copy of your Certification is required and MUST be included if either of the above items are checked “Yes”.

Date application submitted to OSDS (if application is pending):

PROPOSAL/PROPOSER CERTIFICATION SHEET INSTRUCTIONS

Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below:

Item Numbers

Instructions

1, 2, 2a, 3 Must be completed. Items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one (1) person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two (2) or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his/her successors, being the incumbents of a particular office, but ordinarily…