PFL_Marketing_RFP_-_Addendum_2.pdf

Disability Insurance Branch

Paid Family Leave Marketing Plan and Outreach Campaign

Addendum 2

Request for Proposal (RFP)

For Marketing/Consulting Services

EMPLOYMENT DEVELOPMENT DEPARTMENT

EDD RFP # 72779

INVITATION

You are invited to review and respond to this Request for Proposal (RFP) #72779 for Marketing Services. This is a fixed-price deliverables contract. The services required are described in Section IV., Exhibit A, Statement of Work (SOW).

The purpose of this RFP is to solicit proposals from vendors with the resources, experience, and abilities to develop and implement a statewide public outreach, education, and media campaign to inform Californians about the availability of Paid Family Leave (PFL) benefits when they need time off work to care for a loved one or bond with a new child.

The services to be performed by the successful proposer shall include, but not be limited to:

develop and implement a detailed work and implementation plan; develop and deploy a marketing campaign responsive to the Employment Development Department’s (EDD) PFL market research report, released in December 2015; and produce a post-advertising/marketing campaign results report.

The resultant contract amount shall not exceed Two Million Five Hundred Thousand Dollars and No Cents ($2,500,000.00). The term of the resulting contract is from May 10, 2016, or final contract approval, through June 30, 2017.

NOTE: For the purpose of this RFP, the EDD has elected to waive the DVBE participation requirement and incentive.

Following the instructions in this RFP, mail or deliver Proposals to the Procurement Official below:

Regular Mail: Hand Delivery:

Employment Development Department Employment Development Department Contract Services Group 722 Capitol Mall Lobby, Room 1100 800 Capitol Mall, MIC 62-C Sacramento, CA 95814 Sacramento, CA 94280-0001 Attn: Cory Buttler Attn: Cory Buttler

Overnight and/or Express Delivery:

Employment Development Department Mail Services 800 Capitol Mall, Room 2029 Sacramento, CA 95814 Attn: Cory Buttler

Proposals not received by the date and time specified in Section I, G. Key Action Dates will be rejected. It is suggested that Certified or Registered mail with return receipt requested be used.

The EDD will not consider Proposals submitted by fax or e-mail.

This RFP does not constitute a commitment by the State of California to award a contract. The State reserves the right to reject any or all Proposals received if the state determines that it is in the State’s best interest to do so.

Any questions regarding this RFP can be directed to the Department Contact, Contract Analyst, Cory Buttler at 916-654-5351 or cory.buttler@edd.ca.gov.

mailto:cory.buttler@edd.ca.gov

TABLE OF CONTENTS

I. General Information A. Background B. Purpose C. Period of Performance D. Minimum Qualifications (MQs) and Requirements E. Written Questions F. RFP Response Content G. Key Action Dates* H. Instructions for Response I. Contract Award J. Definitions and Terms K. Grounds for Rejection L. Notice of Intent to Award/Protest Procedures M. Disposition of Proposals N. California Taxpayer and Shareholder Protection Act of 2003 O. Public Contract Code P. Performing a Commercially Useful Function Q. Conditions and Commitment R. Budget Contingency Clause S. Prompt Payment Clause T. Contract Special Terms and Conditions (to be included in the final awarded contract)

II. Review/Scoring Information A. Receipt and Review B. State Review Team C. Review Criteria D. Scoring Methodology E. Proposal Evaluation Process

III. Attachments Attachment 1 Required Attachment Checklist Attachment 2 Cover Letter (Pass/Fail) Attachment 3 Narrative Statement of Work Response (Max. 350 Points) Attachment 4 Company Résumé and References (Max. 150 Points) Attachment 5 Staff Résumés and Qualification Matrices (Max. 100 Pts.)

Attachment 6 Deliverable/Cost Matrix Attachment 7 Iran Contracting Act

Attachment 8 Payee Data Record …………………………………………………………………...…45 Attachment 9 Workers’ Compensation Certification

Attachment 10 Certificate of Status – California Secretary of State Attachment 11 Small Business (SB) Certification (if applicable) Attachment 12 Bidder Declaration Attachment 13 Darfur Contracting Act Certification

IV. Exhibit A – Scope Of Work A. Overview B. Strategic Statewide Outreach, Education, and Marketing Plan Development and Implementation

C. Collateral Material Development D. Advertising E. Paid Media Strategy and Placement F. Partnerships G. Post-Advertising/Marketing Campaign Results Report H. Digital, Social Media and Search Strategy and Communications I. Period of Performance J. Deliverables K. Contractor Responsibilities L. State Responsibilities M. Contract Changes N. Contractor Staff Requirements O. Work Acceptance P. Invoicing and Payment Q. Contract Disputes R. Contractor Evaluation

I. General Information

A. Background

The State Disability Insurance (SDI) program, funded by workers, contributes to the economic security of California by providing partial wage replacement benefits to eligible workers. The SDI program is administered by the EDD and is comprised of two components:

Disability Insurance (DI) and Paid Family Leave (PFL). The SDI program was added to the California Unemployment Insurance Code in 1946 to provide DI benefits to workers who have a loss of wages due to a non-work-related illness or injury, or due to pregnancy or childbirth.

On September 23, 2002, Governor Davis signed Senate Bill (SB) 1661 (Chapter 901, Statutes of 2002), which provides PFL benefits for California workers covered by the SDI program. PFL provides partial wage replacement benefits to individuals who take time off work to care for a seriously ill child, spouse, parent, or registered domestic partner, or to bond with a new minor child. Claimants are eligible for PFL bonding benefits within a year of the birth or adoption of a new child. Employee contributions began on January 1, 2004 with benefit payments beginning on July 1, 2004. On July 1, 2014, SB 770 (Chapter 3540, Statutes of 2013) extended PFL benefits to include caring for parents-in-law, grandparents, grandchildren, and siblings.

Approximately 17.9 million California workers are covered by PFL. Employers are required by law to inform their employees of SDI benefits. The law requires coverage for employees working for employers with payrolls in excess of $100 in a calendar year. There are a few exceptions. Those specifically excluded are: some domestic workers, some governmental employees, employees of the interstate railroads, employees of some nonprofit agencies, and individuals claiming a religious exemption.

Claimants must file for DI or PFL benefits within 49 days of the date of disability or the first day family care leave began. DI and PFL care claims require medical certification by a treating physician/practitioner. DI or PFL claims can be filed online or by mail and customers can access SDI services online, by telephone, or by visiting SDI offices located statewide.

Key provisions of PFL:

• Provides 6 weeks of benefits over a 12-month period.

• Benefits are approximately 55 percent of the worker’s income and payable at the same rate as DI benefits.

• Requires worker to have qualifying wages in the base period and be in the labor market when the family leave began.

• Requires worker to file a timely claim (no later than the 49th day after the family leave began).

• Requires a seven day, non-payable waiting period. Exception: There is not an additional seven-day waiting period to bond with a newborn when the PFL claim follows a DI pregnancy-related claim.

• Allows worker to apply without regard to length of employment with his/her current employer.

• Can be taken concurrently with the Family and Medical Leave Act (FMLA) and California Family Rights Act, which provide entitlement to leave or job protection.

For more information about PFL, visit the Internet site at www.edd.ca.gov/disability.

Budget Act of 2015 On June 24, 2015, Governor Brown signed Assembly Bill 93 – Budget Act of 2015 (Chapter 10, Statutes of 2015). The budget legislation provides the EDD with $2.5 million in State Fiscal Year (SFY) 2015-2016 for PFL outreach from the Unemployment Compensation Disability Fund. The Department is entering the second year of a $6.5 million, three-year outreach pilot program.

Paid Family Leave Data Between SFY 2004-2005 and SFY 2014-2015:

• Nearly 2.2 million Californians claimed PFL benefits to bond with a new child or care for a seriously ill family member.

• There has been a 51 percent increase in claims filed.

• Approximately 88 percent of claims are parents bonding with a new child and 12 percent are individuals caring for a seriously ill family member.

In the first year of PFL:

• 150,514 PFL claims were filed.

• 83 percent of PFL bonding claims were filed by females bonding with a new child.

• 17 percent of PFL bonding claims were filed by males bonding with a new child.

• 70 percent of PFL care claims were filed by females caring for a seriously ill family member.

• 30 percent of PFL care claims were filed by males caring for a seriously ill family member.

In the tenth year of PFL:

• 227,830 PFL claims were filed.

• 67 percent of PFL bonding claims were filed by females bonding with a new child.

• 33 percent of PFL bonding claims were filed by males bonding with a new child.

• 66 percent of PFL care claims were filed by females caring for a seriously ill family member.

• 34 percent of PFL care claims were filed by males caring for a seriously ill family member.

http://www.edd.ca.gov/disability.

Based on the 2014 Dymally-Alatorre Language Survey, the language preference of PFL customers seeking services in-person, by telephone, e-mail, or print (mail and fax) are as follows:

• 0.01% American Sign Language

• 0.02% Hmong

• 0.11% Punjabi

• 0.20% Tagalog

• 0.34% Cantonese/Yue

• 0.34% Mandarin

• 0.48% Vietnamese

• 12.85% Spanish

• 85.65% English

Each year the EDD’s Survey and Applied Research Section, in conjunction with the DI Branch, administers a series of customer satisfaction surveys. The study’s target population is individuals who applied for DI or PFL benefits within a three-month span. In 2014, there was a total of 173,113 applicants during this period. A random sample of 2,000 claimants (72 percent DI and 28 percent PFL) was selected to participate in the online questionnaire with a 21.8 percent response rate and an overall sampling error of + 4.7 percent.

Based on the 2014 DI Branch Customer Satisfaction Survey:

• 38 percent of respondents found out about PFL benefits from their employer, followed by 29 percent from family, friends or co-workers. In comparison to 2013, it decreased by 4 percent from employers and increased by 4 percent from family, friends, or co-workers.

• 51 percent of respondents obtained PFL claim forms from filing online (increase of 7 percent from 2013), followed by 21 percent from the EDD automatically sending them the form (in 2013, followed by 19 percent from employers).

• 90 percent of respondents indicated that it was somewhat or very easy to file their PFL claim (increase of 2 percent).

• 75 percent of respondents were somewhat or very satisfied with the PFL claim filing process.

• 84 percent (increase of 16 percent from 2013) of respondents rated the EDD’s efforts to process their PFL claim as excellent or good.

• 51 percent of PFL claimants found it very easy to complete form online.

• 90 percent (no change from 2013) of respondents indicated that it was somewhat or very easy to complete their DI or PFL claim form online.

• 55 percent of respondents called SDI toll-free number for claim information. Other EDD methods available to obtain claim information are: online submission form on the EDD website, through their SDI Online account, and visit to an SDI office.

• Respondents rated the assistance they received from social workers as the best, followed by medical provider’s office or hospital employees.

• 50 percent of the PFL claimants who responded called the toll-free number for claim information. PFL claimants received information from a live person twice as much as they did through the Interactive Voice Recording System.

• 89 percent of respondents (increase by 24 percent from 2013) were somewhat or very satisfied with receiving their benefits via the EDD Debit Card.

In March 2015, the EDD obtained a vendor to conduct market research which would identify overall awareness of PFL benefits, and answer the question of why or why not potential customers choose to use or not use PFL. The research focused on very specific questions that would help to draw out the subtle nuances or distinctions specific to the community being questioned. For example:

• Are there any significant barriers or enablers to use PFL?

• What are the most effective channels to communicate with potential PFL users?

• Are there any additional considerations to make PFL more accessible for hard to reach communities and cultures, including Armenian, Chinese, Latino, Lesbian-Gay-Bisexual- Transgender-Queer (LGBTQ), Filipino, Punjabi, and Vietnamese?

The research findings are that general PFL awareness is limited across most user groups and population segments. Those who have heard of PFL have limited knowledge of program details or misunderstanding of the PFL. A simple messaging structure will most efficiently convey the program benefits both to broad audiences and target populations. The 2015 EDD Market Research Report is available for review on the EDD’s website.

EDD Outreach Activities The DI Branch’s Education and Outreach Unit is responsible for disseminating SDI program information to California workers, employers, and the medical community. The unit has one full-time manager and six full-time analysts. The EDD’s Public Affairs Branch Marketing and Constituent Services coordinates and provides technical assistance in SDI marketing efforts. To increase awareness of the SDI program, which includes DI and PFL benefits and SDI Online, outreach activities conducted by EDD staff include:

• Developing and conducting workshops/presentations/webinars.

• Participating in outreach events/activities attended by employer/medical groups to disseminate SDI program information.

• Developing online tutorials, tip sheets, brochures, guides and forms on SDI.

• Releasing e-blasts to the medical and employer community (Medical Board of California, California Employer Advisory Council).

• Submitting articles to employer and medical publications to convey SDI program benefits.

• Monitoring and updating the EDD website to ensure navigational ease and reliability of information for stakeholders.

• Networking and training community-based organizations, advocacy groups, social worker and government service entities to provide SDI program information.

• Posting messages on EDD Twitter and Facebook accounts.

• Posting educational videos on EDD’s YouTube channel.

• Developing SDI posters to display in EDD America’s Job Center of CaliforniaSM offices, state libraries, and hospitals.

Marketing best practices have proven that customers are most attentive when in need of a particular service or program. It is recognized that awareness of PFL benefits does not always lead directly to usage which is more dependent upon eligible conditions in one’s life. It is also recognized that customers do not always come directly to the EDD for PFL benefits for they are unaware that the EDD is the administrator of those benefits. Therefore, it is critical that the EDD leverages the abilities and capacity of all entities that have direct communication with the worker: the employer, medical providers, and other local and on-sight support entities such as community-based organizations, social service agencies, and hospital social workers.

EDD staff have developed databases of organizations to partner with that have direct contact with the customer before and during their times of need. To leverage communication between the customers and partner organizations, the EDD provided educational kits to these entities in June 2015. These kits include:

• An easy guide with facts about PFL benefits.

• A small supply of supporting collateral, including brochures, informational sheets, and benefit applications to provide their customers.

• PFL posters.

• PFL business cards

B. Purpose

The California State Legislature approved a plan to fund outreach activities for the Employment Development Department’s (EDD) Paid Family Leave (PFL) program. State Fiscal Year (SFY) 2015-16, provides $2.5 million in funding authority for this effort. An additional $3 million in funding is pending formal budgetary approval, making $5.5 million potentially available for a contract through June 30, 2017.

The EDD seeks to increase the awareness and knowledge of PFL benefits and thereby increase the likelihood of PFL usage at those points in time when Californians become potentially eligible for program benefits.

The EDD has obtained recent market research exploring:

• Potential users of PFL and the key PFL market segments.

• The most significant reasons why potential users choose to use or not use PFL.

• Any significant barriers or enablers to using PFL.

• The most effective channels to communicate with potential PFL users.

• The most appropriate forms of communication and key messages to market segments.

• Recommendations to make PFL more accessible for hard-to-reach communities and cultures including Armenian, Chinese, Latino, Lesbian-Gay-Bisexual-Transgender-Queer (LGBTQ), Filipino, Punjabi, and Vietnamese.

The purpose of this RFP is to solicit proposals from vendors with the resources, experience, and abilities to develop and implement a statewide public outreach, education, and media campaign to inform Californians about the availability of Paid Family Leave benefits. Such activities should be based on the EDD PFL market research findings and recommendations report released in December 2015.

C. Period of Performance

The term of the resulting contract is from May 10, 2016, or final contract approval, through June 30, 2017. If the Contractor starts performance before final approval of the contract, it shall be considered voluntary on the part of the Contractor and non-compensable by the

EDD.

D. Minimum Qualifications (MQs) and Requirements

1. Qualified Business in Good Standing: If the Contractor is a Corporation, the Contractor must be registered with the Secretary of State’s Office to do business in California. “Doing business” is defined in California Revenue & Taxation Code Section 23101 as actively engaging in any transactions for the purpose of financial or pecuniary gain or profit. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. The EDD will determine whether a corporation is in good standing by verifying the Certificate of Status with the Office of the Secretary of State.

2. Subcontractors: Any subcontractor that the Contractor chooses to use in fulfilling the requirements of this agreement and which is expected to receive more than 10 percent of the value of the agreement must also meet all contractual administrative requirements of the contract and complete Attachments 8-11 and Attachment 13.

These attachments must be provided with the proposal. Three company references must also be included with the proposal for any subcontractor which is expected to receive more than 10 percent of the value of the agreement. Reference contacts cannot be individuals currently working for the Contractor whom the subcontractor would support for this proposal. Multiple references from one customer will not be accepted.

If using subcontractors, the Contractor shall provide the subcontractor(s)’s qualifications, responsibilities, and capacity at each stage of the contract. The EDD may exercise the option to replace subcontractor(s) at any time during the contract if unsatisfied with their services.

The Contractor will act as the prime contractor under this contract. In addition to identifying all personnel proposed to work under this contract, the Contractor must also identify their sub-contractor affiliation as applicable. If the sub-contractor is a California Certified Small Business and/or Disabled Veteran Business Enterprise (DVBE), those amounts paid to certified sub-contractors shall be identified on the Contractor’s invoice(s).

3. Knowledge/Experience Requirements:

• The Contractor and/or sub-contractor must have knowledge and experience with performance of services which are the same as (or substantially similar to) the services required in the SOW.

• The Contractor and Contractor’s staff must be able to work with designated EDD staff. They must possess strong interpersonal skills with an emphasis on customer service, teamwork, and communications.

4. Statement of Economic Interests (Form 700)

Upon Contract award, every Contractor staff member engaged under the Contract must execute a Statement of Economic Interests Form 700 (http://www.fppc.ca.gov/index.php?id=500) prior to their starting work at the EDD. For purposes of this contract, consultants are defined as any individual performing work under this contract. In addition, consultants shall file a Form 700 annually by April 1, thereafter during the life of the contract. Each new and/or substitute consultant shall file a Form 700 prior to performing any work on the contract.

E. Written Questions

All questions regarding the content of this RFP must be submitted in writing via e-mail to the e-mail address listed below. All questions must be received by the date and time listed in Section I, G. Key Action Dates. Questions not submitted via e-mail by the deadline shall be answered at the State’s option.

cory.buttler@edd.ca.gov

When the State has completed its review of the questions, all questions and answers will be e-mailed to all Respondents. If needed, an Addendum will be issued and Respondents will have three (3) business days to ask questions about changes in the Addendum. Verbal information concerning this RFP shall not be binding upon the State.

F. RFP Response Content

The Contractor shall provide qualified staff who can complete the identified tasks within the SOW. Staff résumés must show relevant experience. The EDD requires the Contractor to provide staff with the knowledge, skills, and abilities for this project as detailed in Section III, Attachment 5.

http://www.fppc.ca.gov/index.php?id=500 mailto:cory.buttler@edd.ca.gov

Failure to respond to any portion of the required response content information may deem the Proposal as non-responsive and ineligible for award. The required information will be used by the State’s selection team to determine and verify the Contractor’s ability to perform the tasks and activities defined in the Contractor’s proposal.

G. Key Action Dates*

Action Date

Release RFP February 3, 2016

Deadline to Submit Questions February 11, 2016

Response to Questions March 15, 2016

Deadline to Submit Questions (2nd Round) March 18, 2016

Response to Questions (2nd Round) March 24, 2016

Proposals Due, 2:00 PM PST April 19, 2016

Oral Interviews The week of May 2, 2016

Proposal Selection/Intent to Award May 6, 2016

Last Day to Protest Award May 13, 2016

Contract Commencement June 6, 2016, or upon final approval *All dates are tentative and subject to change.

H. Instructions for Response

This Section contains the instructions that interested parties must meet in order to submit a responsive Proposal. It provides information regarding the format in which Proposals must be submitted and the material to be included. Proposals submitted in response to this RFP must contain all data/information requested and must conform to the format prescribed.

It is the Respondent’s responsibility to provide all required data and other information deemed necessary for the State’s team to determine and verify the Consultant’s ability to perform the tasks and activities defined in the Section IV, Exhibit A – Scope of Work (SOW).

Proposals may be disqualified if they fail to respond completely to RFP requirements and subsequent Addenda.

Respondents must submit their Proposal in a format compatible with the EDD standard software applications (i.e., Microsoft Office). Printed documents must be single-spaced, using a typeface of Arial 12 point (a smaller font may be used for tables). Proposals shall be printed on 8-1/2 x 11" white paper. Printing on both sides of the paper is encouraged.

Respondents must submit six (6) hard copies and one (1) CD of their Proposal. All copies of the Proposal must be clearly marked "EDD RFP #72779.” Proposals submitted under improperly marked covers may be rejected. One copy of the Proposal must be clearly marked "Master Copy No.1 of 6" and contain all original signatures. All other copies must be marked “No. n of 6”, where n is the number 2, 3, 4, 5 or 6. The Master Copy and all other copies must be individually bound with tab separators to facilitate the State’s review process. If one copy of the Proposal is not clearly marked "Master Copy," the EDD may, at its sole option immediately after Proposal opening, select one copy to be used as the Master Copy. If discrepancies are found between two or more copies of the Proposal, the Proposal may be rejected. However, if the Proposal is not rejected, the Master Copy will provide the basis for resolving discrepancies.

The EDD must receive your Proposal in the number of copies stated not later than the date and time specified in Section I, G. Key Action Dates. Proposals not received by the date and time specified in Section I, G. Key Action Dates will be rejected.

I. Contract Award

Upon RFP response opening, all documents submitted in response to this RFP will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code §6250 et seq.) and subject to review by the public.

The EDD will compare Proposals submitted in response to this RFP based on the scoring criteria laid out in Section II. C.

This RFP and the selected Contractor’s Proposal will be attached and incorporated by reference into the resulting Agreement.

J. Definitions and Terms

1. The EDD has established certain requirements with respect to bids to be submitted by prospective Contractors. The use of “shall”, “must”, or “will” (except to indicate future tense) in the RFP indicates a requirement or condition from which a deviation, if not material, may be waived by the EDD.

2. The words “should” or “may” in the RFP indicate desirable attributes of 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 proposal.

3. The use of the term “EDD” refers to the Employment Development Department.

4. The use of the terms “proposer(s)”, and “bidder(s)”, and/or “Respondent(s)” refers to entities responding to this RFP.

5. Subcontractors. Any party which the bidder wishes the EDD to include in evaluating its qualifications and capability must be labeled as a “partner” or “major subcontractor” (terms of similar nature are acceptable).

a. Major subcontractors are businesses owned at least 51 percent by interests other than the bidder, and which will carry out major, critical portions of the Scope of Work, in terms of responsibility, involvement, and in some instances, portions of the budget. These may be firms providing services or supplies. Major subcontractors operate under the direction of the bidder.

b. Minor subcontractors are businesses executing less critical, less sensitive portions of the Scope of Work.

6. Material Deviations. Deviation from a requirement is material if it is not in substantial accord with the RFP requirements; provides an advantage to one bidder over another; or has a potentially significant effect on the delivery, quantity, or quality of items proposed, amount awarded, or on the overall cost to the EDD. Material deviations cannot be waived. Material deviations will cause the bid to be disqualified.

K. Grounds for Rejection

The EDD reserves the right to waive any immaterial deviation in a proposal; however, the waiver of an immaterial deviation in a proposal shall in no way modify the document or excuse the proposer from full compliance with the proposal requirements after the bidder is awarded the contract.

A proposal shall be rejected if:

1. The proposal is received at any time after the exact time and date set for receipt of proposals.

2. The proposal is not completed in ink or typewritten.

3. The Cover Sheet (Attachment 1) is unsigned.

4. The proposal does not meet the requirements of Section II. D. 2. Administrative Requirements.

5. The bidder has been decertified from contracting with the EDD by the Department of Fair Employment and Housing.

6. The bidder has received substantive negative contract evaluation from the State of California.

7. The proposal contains false or misleading statements or references which do not support an attribute or condition contended by the bidder, if in the opinion of the EDD such statements or references were intended to erroneously mislead the EDD in its evaluation of the proposal.

8. The proposal is conditional or incomplete, or contains any alterations of form or other irregularities of any kind. The EDD may reject any or all proposals and may waive any immaterial deviation in a proposal. The EDD’s waiver of immaterial deviation shall in no way modify the RFP document or excuse the bidder from full compliance with all requirements, if awarded the Agreement.

9. The bidder has had a contract with the State of California canceled due to failure to comply with the Drug-Free Workplace Act of 1990.

10. The bidder is not responsible (i.e., has not paid taxes; has no business license; has submitted a bid when license is subject to suspension on the date of the bid opening and/or award of the contract, or during the proposed term of the Agreement; submitted a bid without an authorized signature; falsified any information in the proposal package;

or has provided poor performance on a previous contract with the EDD.).

L. Notice of Intent to Award/Protest Procedures

1. The contract shall be awarded to the bidder meeting the mandatory RFP requirements and based on the evaluation criteria as outlined in Section II, Review/Scoring Information. The EDD reserves the right not to award a contract, to reject any or all proposals, or to declare all proposals drafts.

2. Upon selection of a proposed contractor, a Notice of Intent to Award will be posted for five (5) working days (starting the day after posting) at the EDD, 722 Capitol Mall, Sacramento, CA 95814. Any protest must be filed during this period.

3. If a bidder chooses to protest the Notice of Intent to Award:

a. Protests must be filed with the EDD and the Department of General Services (DGS), Office of Legal Services (OLS), Attention Protest Coordinator, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 FAX: (916) 376-5088 after notice of intent to award, but before the actual award date.

b. Upon receipt of a protest, the DGS/OLS:

• Sends a protesting bidder an acknowledgment letter which includes copies of the protest statutes and regulations and informs the protestant that it must submit a full and complete statement specifying grounds of protest within five (5) calendar days.

• Faxes to the awarding agency a request for information regarding the proposed contract and agency contact person. The agency should complete and return the form to the DGS/OLS within 24 hours. Failure to promptly complete and return the form will delay the protest process. In addition, if the agency is aware of any reason that the protest should not go forward, this would be communicated to the DGS/OLS at this time.

• Reviews the protest to determine whether the DGS has jurisdiction. If the DGS does not have jurisdiction, the DGS/OLS issues a written notice of dismissal.

• Assigns a Hearing Officer to the protest if the DGS has jurisdiction. The Hearing Officer determines whether the protest will be resolved by written submission or public oral hearing.

M. Disposition of Proposals

1. All materials submitted in response to this RFP will become the property of the EDD, and as such, are subject to the Public Records Act (Government Code, Section 6250, et seq.).

The EDD will disregard any language purporting to render all or portions of any proposal confidential.

2. After proposals are evaluated and the notice of intent to award has been posted, all proposals shall be available for public inspection. However, the contents of all proposals, draft RFPs, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a proposer’s proposal shall be held in the strictest confidence until the award is made. The EDD shall hold the content of all working papers and discussions relating to a proposal confidential indefinitely, unless the public’s interest is best served by disclosure because of pertinence to a decision, agreement, or the evaluation of a proposal. A bidder’s disclosure of this subject is a basis for rejecting a proposal and ruling the bidder ineligible to participate further in the bidding process.

3. The EDD may return a proposal to a bidder upon written request after conclusion of the bid process.

N. California Taxpayer and Shareholder Protection Act of 2003

This RFP and any resulting contract are subject to all requirements as set forth in Part 2 of Division 2 of the Public Contract Code (PCC), Section 10286 which includes, but is not limited to, providing written submission of a declaration stating that the supplier is eligible to contract with the State of California pursuant to statutory requirements. Failure of the supplier to comply with and provide information, when requested by the awarding department within the time indicated, will cause the supplier's bid response to be considered non-responsive and their bid will be rejected.

O. Public Contract Code

The Contractor is advised that he/she has certain duties, obligations, and rights under the Public Contract Code §§ 10335 – 10381 and 10410 - 10412, with which the Contractor should be familiar.

Note: no person, firm, or subsidiary thereof who is awarded this consulting services contract may submit a bid for, nor be awarded a contract for, the provision of services, procurement of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract.

These Public Contract Code sections can be viewed at:

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&p art=2.&chapter=2.&article=4 http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&p art=2.&chapter=2.&article=8

P. Performing a Commercially Useful Function

In accordance with Government Code Section 14837 and Military and Veterans Code, Section 999, all certified Small Businesses (SB)/Micro-Businesses (MB) and Disabled Veteran Business Enterprise (DVBE) contractors, subcontractors and suppliers that bid on or participate in a State contract, regardless of whether it is a verbal or written solicitation must perform a Commercially Useful Function (CUF). A certified SB/MB or DVBE is deemed to perform a CUF if the business does all of the following:

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

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

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

• Is responsible, with respect to projects, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payments.

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

Q. Conditions and Commitment

Upon submittal of a proposal, the bidder has committed to comply with the following requirements:

• General Terms and Conditions available for viewing at http://www.documents.dgs.ca.gov/ols/GTC-610.doc.

• Contractor Certification Clauses effective 3/28/2007 available at http://www.dgs.ca.gov/Default.aspx?alias=www.dgs.ca.gov/ols.

R. Budget Contingency Clause

It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made.

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=2.&article=4 http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=2.&article=4 http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=2.&article=8 http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=2.&article=8 http://www.documents.dgs.ca.gov/ols/GTC-610.doc http://www.dgs.ca.gov/Default.aspx?alias=www.dgs.ca.gov/ols

This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the State of California, or any statute enacted by the Legislature, which may affect the provisions, terms or funding of the Agreement in any manner.

The parties mutually agree that if the Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The EDD has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds.

S. Prompt Payment Clause

Unless otherwise specified, payment will be made in accordance with Government Code Sections 927 et. seq., as applicable. Payment shall not be due until the later of: (a) the date of acceptance of goods or performance of services; or (b) receipt of an accurate invoice.

T. Contract Special Terms and Conditions (to be included in the final awarded contract)

1. Advance Work

Should the Contractor begin work before receiving a copy of the approved Agreement, any work performed before approval shall be considered as having been done at the Contractor's own risk and as a volunteer.

2. Force Majeure

Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include, but are not limited to:

• Acts of God or of the public enemy, and

• Acts of the federal or State government in either its sovereign or contractual capacity.

If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform.

3. Termination for Convenience

This Agreement may be terminated by the EDD by giving written notice to the Contractor 30 days prior to the effective date of such termination.

4. Insurance Requirements

The Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. The Contractor shall provide written notice to the EDD within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

The Contractor shall display evidence of the following coverage on an ACORD certificate:

a. General Liability Insurance – The Contractor shall furnish to the EDD a certificate of insurance prior to commencement of work stating there is general liability insurance in effect for the Contractor in an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined.

The certificate of insurance must include the following provision stating:

The State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed for the EDD under this contract. The additional insured endorsement must accompany the certificate.

b. Workers' Compensation and Employers Liability Insurance – The Contractor shall furnish to the EDD a certificate of insurance evidencing Workers’ Compensation and Employers Liability Insurance presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to write Workers' Compensation insurance in California. Such certificate shall include the name of the carrier and the policy inception and expiration dates. If the Contractor is self-insured for Workers’ Compensation, a certificate must be presented evidencing the Contractor is a qualified self-insurer in the State of California.

II. Review/Scoring Information

A. Receipt and Review

Each proposal will be date and time marked as it is received and verified that all responses are submitted under an appropriate cover, sealed and properly identified. Proposals will remain sealed until the designated time for opening.

The EDD shall review and compare Proposals based on the scoring criteria laid out below in Section II. C.

B. State Review Team

The State has established a Review Team comprised of individuals selected from management and staff. The Review Team will review and compare Proposals in accordance with the process described in this Section. The state may engage additional qualified individuals during the review process to assist the Review Team in understanding financial, legal, contractual, or program issues. These individuals will not have responsibility for assigning points during the review process.

C. Review Criteria

1. Proposal Validation Check

The state will record the time of receipt for each Proposal. All Proposals must be received by the time and dates specified in Section I, G. Key Action Dates. The EDD may not accept Proposals delivered after the time and dates specified in the Key Action Dates.

2. Administrative Requirements (Pass/Fail)

The Review Team will check all Proposals for the presence of the required information and to determine if the structure and content is in conformance with the RFP’s instructions for response and administrative requirements. The administrative requirements are assessed on a pass/fail basis.

D. Scoring Methodology

The EDD will use a multi-step scoring methodology to determine which Proposal best meets the needs of the state. Proposals will be compared using a point system based on responsiveness to the RFP as follows:

RFP Category Maximum Points Possible Administrative Requirements (Pass/Fail) Narrative Scope of Work Response 350 Company References 150 Staff Résumés and Qualifications Matrices 100 Oral Interview 100 Deliverable/Cost Matrix 300

TOTAL: 1,000

The selected Proposal will be determined as the responsive Proposal that passes all mandatory requirements; and with the highest points total for the overall Proposal.

1. Criteria for Scoring

Mandatory requirements are scored as Pass/Fail. Scored requirements are scored based on a percentage of points possible for the specific requirement(s) being scored. Percentages and their corresponding criteria are described in each of the following sections.

EDD will use the following scoring system to assign points for Narrative Scope of Work Response, Attachment 3, the Company Résumé and References, Attachment 4, and the Oral Interview.

PERCENTAGE OF TOTAL

POINTS AVAILABLE

RATING FACTORS

0% Inadequate Proposal response (i.e., content and/or explanation offered) is inadequate or does not meet EDD needs/requirements or expectations.

The omission(s), flaw(s) or defect(s) are significant and unacceptable.

75% Adequate Proposal response (i.e., content and/or explanation offered) is fully adequate or fully meets EDD’s needs/requirements or expectations. The omission(s), flaw(s), or defect(s), if any, are inconsequential and acceptable.

100% Exceeds Expectations

Proposal response (i.e., content and/or explanation offered) is above average and exceeds EDD’s needs/requirements or expectations. Proposer offers one or more enhancing feature, method, or approach that will enable performance to exceed EDD’s basic expectations.

In assigning points, raters may consider factors including, but not limited to the:

a. Extent to which a proposal response is lacking information, lacking depth or breadth, or lacking significant facts and details; and/or,

b. Extent to which a proposal response is fully developed, comprehensive, and has few, if any weaknesses, defects or deficiencies; and/or,

c. Extent to which a proposal response demonstrates that the bidder understands EDD’s needs, the services sought, and the contractor’s responsibilities; and/or,

d. Extent to which a proposal response illustrates the bidder’s capacity to perform all services and meet all scope of work requirements; and/or,

e. Extent to which a proposal response, if implemented, will contribute to the achievement of EDD’s goals and objectives; and/or,

f. Extent to which a proposal response demonstrates the bidder’s capacity, capability, and commitment to exceed regular service needs (i.e., enhanced features, approaches, or methods; creative or innovative business solutions).

2. Administrative Requirements (Pass/Fail)

Administrative requirements address the structure and content of the Proposal. They are mandatory requirements, are Pass/Fail, and receive no points. A Fail response to any of the administrative requirements will disqualify the Proposal from further review. NOTE: The TACPA Preference is not included here because it may not apply for all proposers.

ID Administrative Requirements Review Criteria

1. Proposal received timely. Pass/Fail

2. Proposal received in the format prescribed. Pass/Fail

3. Proposal contains Required Attachment Checklist (Attachment 1). Pass/Fail

4. Proposal contains a correctly completed and signed Cover Letter (Att. 2). Pass/Fail

5. Proposal contains a Narrative Statement of Work Response (Att. 3) for all deliverables contained in Section IV, Exhibit – Statement of Work.

Pass/Fail

6. Proposal contains a Company Résumé and three (3) Company References with original signatures from customer references (Att. 4).

Pass/Fail

7. Proposal contains a completed Staff Résumés and Qualification Matrix and résumé for each proposed staff member listed (Att. 5).

Pass/Fail

8. Proposal contains a completed Deliverable/Cost Matrix (Att. 6). Pass/Fail

9. Proposal contains a signed Iran Contracting Act Certification (Att. 7). Pass/Fail

10. Proposal contains a signed Std. 204 Payee Data Record (Att. 8). Pass/Fail

11. Proposal contains a signed Workers’ Compensation Certification (Att. 9). Pass/Fail

12. Proposal contains proof that company is registered with the CA Secretary of State’s Office and in good standing (Att. 10).

Pass/Fail

13. Proposal certification from the Department of General Services that company is a certified California Small Business, if applicable. (Att. 11).

Pass/Fail

14. Proposal contains a signed Bidder Declaration (See link in Att. 12). Pass/Fail

15. Proposal contains a signed Darfur Contracting Act Certification (See link in Att. 13).

Pass/Fail

3. Narrative Scope of Work Response (Max. Point 350) – Attachment 3

The State considers the quality of the Respondent’s response to this RFP to be indicative of the work that would be expected under a subsequent contract. The response will be reviewed and points will be assigned based on a general assessment which is worth a maximum of three hundred fifty (350) points. Contractor must respond in detail to the Scope of Work identified in Section IV, Exhibit A.

In preparing their response the Respondent must adhere to these General Requirements for the Proposal:

a. Provide a Table of Contents.

b. Include tabbed sections

c. Ensure proposal is well-organized, comprehensive, and technically sound.

d. Include clear and distinctive explanations.

e. Do not just provide a repeat of the RFP requirements, but demonstrate a well thought out approach to meeting the requirements of the RFP.

The Narrative Scope of Work Response will be scored in accordance with the points assigned to each section of the narrative as set forth in the table below:

Maximum Score

1. Detailed Work and Implementation Plan

• Describe how you propose to increase PFL awareness statewide for all potential claimants using the criteria set forth in Exhibit A, Scope of Work. Bidders should include a special emphasis on specific population groups and areas identified in the provided market research report.

• Identify any critical milestones, phases or decision…