RFP_0000032011.docx

Procurement Division

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

General Transit Feed Specification-Realtime (GTFS-Realtime) Services Request for Proposal (RFP) Event ID: 0000032011 July 16, 2024

Opening The State of California, Department of General Services Procurement Division (DGS) is conducting this Request for Proposal (RFP) to establish Master Service Agreements for General Transit Feed Specification-Realtime (GTFS-Realtime) Services.

The RFP process can be complex, but it includes processes to assist you. If you do not understand something, need clarification, or feel something should be changed, email the Procurement Official listed in RFP Section 1.4 immediately.

DO NOT WAIT UNTIL THE LAST DAY TO SUBMIT A PROPOSAL.

This RFP is organized as follows:

· Table of Contents: A quick list of all sections contained in the RFP.

· Section 1 – Introduction and Overview: Provides the scope of the RFP, legal authority under which the RFP is being conducted, and introduces the procurement official for the RFP.

· Section 2 – Rules Governing Competition: Provides the rules the Bidder must follow for competing in this RFP process.

· Section 3 – Bidding Requirements: Identifies requirements and obligations for the Bidder.

· Section 4 – Cost: Explains how cost is to be presented in the proposal.

· Section 5 – Proposal Format: Explains how the Bidder is to organize and submit its proposal.

· Section 6 – Evaluation: Explains how the State will evaluate proposals. Note, awards are based on highest points, so pay attention to the allocation of evaluation points.

· Section 7 – Attachments: Lists the relevant attachments to this RFP. Some attachments must be returned with the proposal in order to be compliant; check RFP Section 5 to verify which ones.

Table of Contents

SECTION 1 – INTRODUCTION AND OVERVIEW

The Department of General Services, Procurement Division (hereinafter referred to as “DGS” or “State”) is requesting proposals from qualified firms to establish Master Service Agreements (hereinafter referred to as “MSA” or “Agreements”) for General Transit Feed Specification-Realtime (GTFS-Realtime) Services for use solely by public entities providing public transportation services (hereinafter referred to as “Transit Provider”).

Scope of this Request for Proposal (RFP) The scope of this RFP includes General Transit Feed Specification-Realtime (GTFS-Realtime) Services, On-Vehicle Devices, and Customer Support for GTFS-Realtime Services, as described in Attachment 7 - Proposed Agreement exhibits:

· Exhibit A – Scope of Work

· Exhibit A.1 – Service Descriptions

· Exhibit A.2 – Key Performance Indicators and Service Credits

· Exhibit A.3 – On-Vehicle Device Requirements Bidders must be able to provide all services outlined in Attachment 7, other than the additional support services related to On-Vehicle Devices which are non-mandatory (Attachment 7, Exhibit A.1 Service Descriptions, Section 2.7). It is anticipated that this RFP will result in Master Agreement awards to multiple Bidders in accordance with the methodology in RFP Section 6, Evaluation.

The term of the MSAs resulting from this RFP will be for a three (3) year period. The MSAs will contain options to extend the agreement for two (2) additional two (2) year periods or portion thereof at the same rates, terms, and conditions.

The MSAs shall be available for use by Transit Providers only. Awarded Bidders shall also allow Transit Providers outside of California to participate under the resulting Agreements. Each Transit Provider shall determine whether use of the MSAs is consistent with its procurement policies and regulations.

Financial support of this project may be provided through financial assistance grants from the Federal Transit Administration (FTA), and/or the State of California, California Department of Transportation (Caltrans), and other sources of local and state public funding.

Current Contract / Historical Spend There are no current MSAs for GTFS-Realtime Services; therefore, there is no historical spend information. The MSA value is estimated at $7 million over the full MSA term. However, there is no guarantee any volume will be transacted under the resulting MSAs. MSAs are zero-dollar agreements. Expenditure is at the Transit Provider level.

Authority of the RFP and Bidder Admonishment This RFP is being conducted under the policies developed by the DGS as provided under Public Contract Code (PCC) sections 12102, et seq and 12125, et seq. The RFP describes the material that must be included in the proposal, the format the proposal must follow, and how to properly submit a complete proposal. This RFP also addresses the requirements that Bidders must meet to be eligible for consideration as well as Bidders' responsibilities.

If a Bidder expects to be afforded the benefits of the steps included in this RFP, the Bidder must take the responsibility to:

· Carefully read the entire RFP.

· Ask appropriate questions in a timely manner if clarification is necessary.

· Submit all required responses, complete to the best of the Bidder’s ability, by the required dates and times.

· Make sure that all procedures and requirements of the RFP are accurately followed and appropriately addressed.

Procurement Official The Procurement Official contact information for this RFP is listed below:

Lynnell Cuthbertson Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (279) 799-3844 E-mail: Lynnell.Cuthbertson@dgs.ca.gov The Procurement Official shall be the single point of contact. All inquiries and questions must be emailed to this person only. Oral communications are discouraged and shall not be binding to the State. Bidders should only rely on written statements issued by the Procurement Official.

Proposal submittals shall be sent to the Proposal Submission E-mail address identified below in accordance with Section 5, Proposal Format.

Proposal Submission E-mail:

MSASolicitations@dgs.ca.gov Note: Do not send questions to the email for Proposal Submission. The Proposal Submission email is for the electronic submission of Proposals only.

Key Action Dates The important dates and times by which actions must be taken or completed are identified in Attachment 1 – Key Action Dates. If the State finds it necessary to change any of these dates, the State will release an addendum identifying the changes. All dates after the Final Proposal submissions are approximate and may be adjusted as conditions indicate without addendum to the RFP.

Americans with Disabilities Act (ADA) To meet and carry out compliance with the nondiscrimination requirements of Title II Americans with Disabilities Act (ADA), it is the policy of the State to make every effort to ensure that its programs, activities, employment opportunities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing reasonable accommodation to participate in the procurement process, or for persons having questions regarding reasonable accommodation for the procurement process, please contact the Procurement Division at 916-375-4400 (main office). Procurement Division's TTY/TDD (telephone device for the deaf) and California Relay Service numbers are listed below. You may also directly contact the Procurement Official for this procurement.

IMPORTANT: To ensure that the State can meet your accommodation, it is best that requests are received at least ten (10) business days before the scheduled event (e.g., Bidder conference) or deadline due date for procurement documents.

The Procurement Division TTY telephone number is:

· Sacramento Office: (916) 376-1891 The California Relay Service Telephone Numbers are:

· Voice: 1-800-735-2922 or 1-888-877-5379

· TTY: 1-800-735-2929 or 1-888-877-5378

· Speech to Speech: 1-800-854-7784

SECTION 2 – RULES GOVERNING COMPETITION

This section provides the instructions Bidders must follow in the procurement process. Specific guidelines for the submission of the RFP response are found in Section 5, Proposal Format.

Identification and Classification of RFP Requirements Requirements The RFP identifies the requirements Bidders must adhere to for submitting compliant proposals. The use of "shall," "must," or "will" (except to indicate simple futurity) in the RFP indicates a requirement or condition which is mandatory. A deviation, if not material, may be waived by the State. A deviation from a requirement is material if the deficient response is not in substantial accord with the RFP requirements, provides an advantage to one Bidder over other Bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid, amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived.

Desirable Items The words "should" or "may" in the RFP indicate desirable attributes or conditions but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, even if material, will not in itself cause rejection of the proposal.

Mandatory Requirements All items within this RFP labeled mandatory (M) are non-negotiable. A Pass/Fail evaluation will be utilized for all mandatory requirements in this RFP. By signing the Agreement Cover Letter referenced in RFP Section 2.3.3.5, Signature of Proposal, and submission of a proposal response, the Bidder agrees to all mandatory RFP requirements.

Non-Mandatory Requirements This RFP may include both preference programs and product/contract performance items identified as non-mandatory (NM) requirements. Bidders are not required to comply with these requirements in order to be compliant with the RFP. However, if a Bidder applies for a preference, the Bidder must meet the applicable preference requirements and provide the requested preference documentation as outlined within the section requirement. Bidders who offer the non-mandatory product/contract performance items in their proposal are required, if awarded, to provide those items for the duration of the resultant contract.

Scored Requirements This RFP includes mandatory scored (MS) requirements. Mandatory scored requirements are non-negotiable and will achieve points as identified in RFP Section 6, Evaluation if the requirement is met.

Narrative Responses The RFP includes some items that require a narrative response. Those items have been listed on Attachment 3 - Narrative Response. Bidders are to provide narrative responses on this attachment only, and only for the items requested. If necessary, Bidders may add attachments to the exhibit to further explain its response.

Bidding Requirements and Conditions Validity of Proposal A Bidder's Final Proposal is an irrevocable offer for one hundred twenty (120) days following the scheduled date for Submission of Final Proposals in Attachment 1 – Key Action Dates. A Bidder may extend the offer in the event of a delay of agreement award.

RFP Documents This RFP includes an explanation of the State's needs which must be met, instructions which prescribe the format and content of proposals to be submitted and the model of the agreement to be executed between the State and the successful Bidder.

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Bidder shall immediately notify the Procurement Official, listed in RFP Section 1.4, Procurement Official, in writing and request clarification or modification of the document. If applicable, modifications will be made by addenda issued pursuant to RFP Section 2.2.6, Addenda.

If the RFP contains an error known to the Bidder, or an error that reasonably should have been known, the Bidder shall submit a proposal at its own risk. If the Bidder fails to notify the State of the error prior to the date fixed for submission of proposals, and is awarded the MSA, the Bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

Questions Regarding the RFP Bidders requiring clarification of the intent or content of this RFP or on procedural matters regarding the competitive bid process may request clarification by submitting questions, in an email clearly referencing the Event ID number, to the Procurement Official listed in RFP Section 1.4, Procurement Official.

Question and answer sets will be provided to all Bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity and to maintain anonymity. Oral answers shall not be binding on the State.

A Bidder who desires clarification or further information on the content of the RFP, but whose questions relate to the proprietary aspect of that Bidder's proposal and which, if disclosed to other Bidders, would expose that Bidder's proposal, may submit such questions in the same manner as above, but also marked "CONFIDENTIAL," and not later than the scheduled date specified in Attachment 1 – Key Action Dates, to ensure a response. The Bidder must explain why any questions are sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the proposal, the question will be answered, and both the question and answer will be kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered in this manner and the Bidder will be notified.

Bidders should be aware that marking a question "confidential" will not keep that question from being released after notice of intent to award as part of the public record per RFP Section 2.3.2.

To ensure a response, questions must be received via email by the scheduled date given in Attachment 1 – Key Action Dates.

Request to Change the Requirements of the RFP If the Bidder believes that one or more of the RFP requirements is onerous, unfair, or imposes unnecessary constraints to the Bidder in proposing less costly or alternate solutions, the Bidder may request a change to the RFP by submitting, in writing, the recommended change, the facts substantiating this belief, and justification for making the recommended change. Such request must be submitted to the Procurement Official by the date specified in Attachment 1 - Key Action Dates.

Failure by any Bidder to raise any concern related to a solicitation requirement will be deemed a waiver of any claim regarding the contract award relating to the solicitation requirements.

Bidders’ Conference A Bidders' Conference will be held, during which interested parties will be afforded the opportunity to listen to State personnel explain the content of the RFP and the procurement process. Bidders are highly encouraged to attend the Bidders’ Conference. The time, date, and place of the conference is listed in Attachment 1 – Key Action Dates.

Bidders are encouraged to submit questions to the Procurement Official prior to the Bidders’ Conference so that the State can address them during the conference.

Addenda The State may modify the RFP prior to the date fixed for Contract Award by issuance of an addendum. Addenda will be numbered consecutively. The Bidder is required to meet all requirements of the most current addendum, including using any updated forms. If any supplier determines that an addendum unnecessarily restricts its ability to bid, the supplier is allowed five (5) business days to ask a question or request a change of requirements according to the instructions contained in RFP Section 2.5.1.1, Requirements Protest.

Bonds Not Applicable.

Discounts Not Applicable.

Joint Proposals Joint proposals are not acceptable for this solicitation.

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

Bidding Steps General The procurement process to be used in this acquisition consists of a Final Proposal.

1.1.1.1 Final Proposal

The Final Proposal must be complete, including all cost information, required signatures, forms, and documentation as identified in RFP Section 5, Proposal Format.

1.1.1.2 Draft Proposal

Should the State declare Final Proposals to be Draft Proposals as described in RFP Section 2.3.5.3, Errors in the Final Proposals, the State may conduct confidential discussions with the Bidders who wish to continue in the bidding process. Notifying the Bidder of defects is intended to minimize the risk that the Final Proposal will be deemed non-compliant; however, the State will not provide any warranty that all defects in the Draft Proposal have been detected. Notification of defects in the Draft Proposal will not preclude rejection of the Final Proposal if undiscovered defects contained in the declared Draft Proposal are later found in the Final Proposal. Oral statements made by either party during confidential discussions shall not be binding.

Public Record Final Proposals are public upon posting of Notice of Intent to Award. Bidders should be aware that marking a document "confidential" or "proprietary" in a Final Proposal will not prevent that document from being released after Notice of Intent to Award as part of the public record, in accordance with the California Public Records Act.

Submission of Proposals The instructions contained herein apply to the Final Proposal.

1.1.1.3 Preparation

Proposals are to be prepared in such a way as to provide a straightforward and concise delineation of capabilities to satisfy the requirements of this RFP. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

Before submitting each document, the Bidder should carefully proof it for errors and adherence to the RFP requirements.

1.1.1.4 Bidder’s Cost

Costs for developing proposals are entirely the responsibility of the Bidder and shall not be chargeable to the State.

1.1.1.5 Completion of Proposals

Proposals must be complete in all respects in accordance with RFP Section 5, Proposal Format. A Final Proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A Final Proposal must be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements. The Final Proposal must contain all costs required by the RFP in accordance with RFP Section 4, Cost, and Section 5, Proposal Format. If required in Section 5, Proposal Format, cost data must be submitted under separate cover.

1.1.1.6 False or Misleading Statements

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

1.1.1.7 Signature of Proposal

All Bidders must complete the Agreement Cover Letter and include it with the proposal. The Agreement Cover Letter shall be signed by an individual who is authorized to bind the bidding firm contractually. An unsigned Agreement Cover Letter will result in the Final Proposal being rejected.

1.1.1.8 Delivery of Proposals

Bidders are required to deliver proposals no later than the specified date and time identified in Attachment 1 - Key Action Dates and formatted in accordance with RFP Section 5, Proposal Format. Bidders should ensure its email is set to receive a delivery receipt when submitting the electronic proposal. The Bidder shall bear all risks associated with delivery of proposals, including but not limited to, delivery delays due to file size, DGS server malfunction, etc.

Final Proposals not received by the date and time specified in Attachment 1 - Key Action Dates will be rejected.

In accordance with Section 5, Proposal Format, cost data must be in a separate attachment and clearly labeled. If cost data is not submitted in this manner, the proposal may be rejected. Proposals submitted under improperly labeled documents may be rejected.

1.1.1.9 Withdrawal and Resubmission/Modification of Proposals A Bidder may withdraw its Final Proposal at any time prior to the Final Proposal submission date and time specified in accordance with Attachment 1 – Key Action Dates, by submitting via email a written notification of withdrawal signed by the Bidder authorized in accordance with RFP Section 2.3.3.5, Signature of Proposal. The Bidder may thereafter submit a new or modified proposal prior to such proposal submission date and time. Modification offered in any other manner, oral or written, will not be considered. Other than as allowed by law, Final Proposals cannot be changed or withdrawn after the date and time designated for receipt, except as provided in accordance with RFP Section 2.3.5.3, Errors in the Final Proposals.

Rejection of Proposals The State may reject any or all proposals and may waive any immaterial deviation or defect in a proposal. The State's waiver of any immaterial deviation or defect shall in no way modify the RFP documents or excuse the Bidder from full compliance with the RFP specifications if awarded the contract.

Evaluation and Selection Process

1.1.1.10 General

Proposals will be evaluated in accordance with RFP Section 6, Evaluation.

1.1.1.11 Evaluation Questions

During the evaluation and selection process the State may ask the Bidder to clarify their submitted response if it contains conflicting information regarding a requirement for which compliance cannot be determined. Clarification will not be requested if the Bidder has been deemed non-compliant to other requirements.

Except for clerical errors, the State will not ask clarifying questions for bids where the response to the requirement is non-compliant as this would result in a change to the proposal.

1.1.1.12 Errors in the Final Proposals

An error in the Final Proposal may cause the rejection of that proposal; however, the State may at its sole option retain the proposal and make certain corrections.

To determine if a correction is appropriate, the State will consider the conformance of the proposal to the format and content required by the RFP, and any unusual complexity of the format and content required by the RFP.

If the Bidder's intent is clearly established based on review of the complete Final Proposal submittal, the State may at its sole option correct an error based on that established intent.

The State may at its sole option correct obvious clerical errors, arithmetic errors, and discrepancies. If necessary, the cost extensions and summary will be recomputed accordingly, if obviously misstated. If the unit price is ambiguous, unintelligible, uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the extended total price by the quantity of the item.

The State may at its sole option correct errors of omission, and in the following two (2) situations, the State will take the indicated actions if the Bidder's intent is not clearly established by the complete proposal:

If the re-computations or interpretations, as applied in accordance with this section, result in significant changes in the amount of money to be paid to the Bidder (if awarded the contract), the Bidder will be given the opportunity to promptly establish the grounds justifying relief from its proposal.

It is absolutely essential that Bidders carefully review the cost elements in their Final Proposal since they will not have the option to correct errors after the date and time for submission of the Final Proposal.

At the State’s sole discretion, it may declare the Final Proposal to be a Draft Proposal if the State determines that Final Proposals from all Bidders contain material deviations. Bidders may not protest the State’s determination that all proposals have material deviations. If all proposals are declared noncompliant, the State may issue an addendum to the RFP. Should this occur, confidential discussions will be held with Bidders who are interested in continuing to participate in the bidding process. Each Bidder will be notified of the due date for the submission of a new Final Proposal. This submission must conform to the requirements of the original RFP and, if applicable, any subsequent addenda. The new Final Proposals will be evaluated in accordance with Section 6, Evaluation.

Award of Contract Award of contract, if made, will be in accordance with RFP Section 6, Evaluation, to a responsible Bidder whose Final Proposal complies with all the requirements of the RFP documents and any addenda thereto, except for such immaterial defects as may be waived by the State.

The State reserves the right to modify or cancel in whole or in part the RFP.

Debriefing A debriefing may be held after contract award at the request of any Bidder. The discussion will be based primarily on the administrative, technical, and cost evaluations of the Bidder's Final Proposal. A debriefing is not the forum to challenge the RFP specifications or requirements.

Contractual Information The MSAs to be awarded is included in the solicitation document in its final form as Attachment 7 – Proposed Form of Agreement, and any alteration by a Bidder will result in rejection of the proposal.

By submitting a signed Agreement Cover Letter and submitting a proposal, Bidder also agrees to comply with all applicable statues, rules, regulations and orders of the United States, the State of California and local governments.

Other Information Protests Before a protest is submitted regarding any issue other than selection of the "successful Bidder," the Bidder must make full and timely use of the procedures in accordance with RFP Section 2.2.3, Questions Regarding the RFP, and RFP Section 2.2.4, Request to Change the Requirements of the RFP, to resolve any outstanding issues between the Bidder and the State. This procurement procedure is designed to give the Bidder and the State adequate opportunity to submit questions and discuss the requirements before the Final Proposal is due. The protest procedure is made available in the event that a Bidder cannot reach a fair agreement with the State after exhausting these procedures.

There are two (2) types of protests:

1. Requirements protests

2. Award protests

A protest shall be submitted according to the procedure below.

1.1.1.13 Requirements Protest

Protests regarding any issue other than selection of the "successful Bidder" are requirements protests and will be heard and resolved by the Deputy Director of the DGS-PD, whose decision will be final.

All protests must be made in writing, signed by an individual authorized under RFP Section 2.3.3.5, Signature of Proposal, and contain a statement of the reason for protest, citing the law, rule, regulation or procedures on which the protest is based. The protestant must provide facts and evidence to support the claim.

Requirements Protests must be mailed or delivered to the address below and/or emailed to the Procurement Official identified in Section 1.4, Procurement Official.

Street Address:

Deputy Director Procurement Division 707 3rd Street, 2nd floor West Sacramento, CA 95605 All protests to the RFP requirements or procedures must be received by the Deputy Director of the Procurement Division as promptly as possible, but not later than the respective time and date specified in Attachment 1 - Key Action Dates.

1.1.1.14 Award Protest

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

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

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

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

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

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 2nd working day after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

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

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

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

Disposition of Proposals All materials submitted in response to the RFP will become the property of the State of California and will be returned only at the State's option and at the Bidder's expense. At a minimum, the Final Proposal will be retained for official files and will become a public record after the Notification of Intent to Award. However, materials the State considers confidential information (such as confidential financial information submitted to show Bidder responsibility) will be returned upon request of the Bidder.

SECTION 3 – BIDDING REQUIREMENTS

This section contains the bidding requirements pertaining to this RFP and will be applicable to the resulting awarded MSA. Bidder’s proposal shall meet the State’s needs as defined in this RFP.

Prior to award of the Master Agreement, the State may require confirmation that the Bidder selected has all the resources to successfully perform under the agreement. These include but are not limited to: personnel in the numbers and with the skills required; equipment of appropriate type and in sufficient quantity; and experience in similar endeavors. If, during the evaluation process, the State is unable to assure itself of the Bidder's ability to perform under the agreement if awarded, the State has the option of requesting from the Bidder any information that the State deems necessary to determine the Bidder's responsibility. If such information is required, the Bidder will be notified and will be permitted approximately five (5) business days to submit the requested information.

Technical Requirements Proposed Services (M) This RFP requires Bidders to submit a proposal for General Transit Feed Specification-Realtime (GTFS-Realtime) Services, On-Vehicle Devices, and Customer Support for GTFS-Realtime Services, as described in:

· Exhibit A – Scope of Work

· Exhibit A.1 – Service Descriptions

· Exhibit A.2 – Key Performance Indicators and Service Credits

· Exhibit A.3 – On-Vehicle Device Requirements Bidders must complete and submit the following attachments with their proposal:

· Attachment 3 – Narrative Response (MS): Bidder must complete Attachment 3 and provide narrative responses describing qualifications, experience and proposed solution meeting the needs of the State as outlined in Attachment 7. Refer to Attachment 3 for detailed instructions. Narrative responses will be evaluated in accordance with RFP Section 6, Evaluation.

· Attachment 4 –Technical Questionnaire (M): Bidder must complete Attachment 4 to identify all On-Vehicle Devices they are proposing. All devices must meet the requirements listed in Table 1 – Minimum Requirements in Exhibit A.3 – On Vehicle Device Requirements, including the requirement that all devices must be certified on all four (4) networks at the time of bid submittal. Refer to Attachment 4 for detailed instructions.

Administrative Requirements Customer References (MS) Customer references demonstrate to the State that the Bidder can provide products and services and is capable of handling local governmental transit provider sectors.

Bidders are to submit three (3) customer references from three (3) different customers on Attachment 5 – Customer Reference Form with their proposal.

Each customer reference must be for:

· Work performed within the last five (5) years prior to Final Proposal Submission date, preferably for a public sector entity; and

· Similar services (i.e. telemetry services) to those requested in this RFP.

Customers are defined as end-users of the service represented in the customer reference. References from a contractor for subcontractor work that was performed by the Bidder is not acceptable.

Customer must complete the Attachment 5 – Customer Reference Form and return form directly to the Bidder. The Bidder must submit the completed forms with the proposal as specified in RFP Section 5, Proposal Format.

The average score for each customer reference must be three (3) or higher. If the average score on any reference is less than three (3) the proposal will be considered non-responsive. Any question not scored will receive zero (0) points toward the average.

The State reserves the right to contact the customer references via phone or email to verify information supplied on the forms. It is the responsibility of the Bidder to notify their customer references that DGS will be contacting them for verification. Bidders should only submit references that can be contacted and will respond to the State within five (5) business days.

Failure to submit compliant references will result in the proposal being considered non-responsive. Customer References will be scored as specified in RFP Section 6, Evaluation.

Secretary of State Certification (M) A Corporation, Limited Liability Company (LLC), Limited Liability Partnership (LLP), or a Limited Partnership (LP), must be registered with the California Secretary of State (SOS) to be awarded a Master Agreement. Bidder shall indicate entity type and current SOS certification status information on Attachment 3 – Narrative Response.

SOS certification must be approved and in “Active” status prior to Master Agreement execution.

In the event of discrepancies between Bidder’s name on the submitted RFP response and SOS certification, Bidder’s business name as filed with the SOS shall take precedence.

If Bidder requests to utilize a “doing business as" (dba), whereas the name under which they operate their business differs from its legal, registered name, Bidders must provide a Fictitious Business Name (FBN) filing, or proof that the filing is in process. Bidder must provide a valid FBN filing prior to Master Agreement award to be eligible for award under a name that differs from its legal, registered name. If dba is listed on the SOS certification, no FBN is needed. The DGS reserves the right to request clarification.

California Civil Rights Laws (M) Pursuant to Public Contract Code section 2010, any Bidder entering into or renewing a contract over $100,000 on or after January 1, 2017, shall certify all the following:

· That they are in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code).

· That they are in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

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

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

Bidders are required to submit a signed California Civil Rights Laws Certification with their proposal. Failure to submit this form with the proposal will result in the proposal being considered non-responsive.

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

Bidders are required to submit a signed Iran Contracting Act Certification with their proposal. Failure to submit this form with the proposal will result in the proposal being considered non-responsive.

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

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

Bidder must indicate if it has had business activities or other operations outside of the United States in the last three (3) years on Attachment 3 - Narrative Response. If a Bidder’s response is “Yes”, Bidder must submit a completed Darfur Contracting Act form. The completed form should be included with the proposal. If the completed form is not submitted with the proposal, Bidder shall submit within five (5) days after request from the State.

Failure to submit this form as required will result in the proposal being considered non-responsive.

If a Bidder has not conducted business outside of the United States in the last three (3) years, the Darfur Contracting Act form is not required.

Implementation (M) Prior to award, a Bidder to be awarded an MSA shall provide its Contract Manager’s name, email, phone, and fax contact information to the State Contract Administrator, per Section 3 of Exhibit A – Scope of Work. In addition, the Bidder shall provide a contact person’s name and e-mail for Transit Providers desiring to initiate services, as per Section 3 of Exhibit A – Scope of Work. Contact information must be supplied within (5) business days of the State’s written request.

Within fifteen (15) business days after Notice of Intent to Award, a contract kick-off meeting will be scheduled between the State Contract Administrator and intended awardee(s).

Payee Data Record (M) Prior to award, Bidder must complete and submit a Payee Data Record (STD 204) within five (5) business days of the State’s written request.

Insurance Requirements (M) A successful Bidder awarded a MSA must maintain in force applicable insurance in accordance with Exhibit E - Insurance Provisions. By submitting a proposal, Bidder agrees to provide required insurance certificates to DGS within ten (10) calendar days of MSA execution.

Federal Transit Administration Requirements (M) By submitting a proposal, Bidder agrees to comply with Exhibit G – Federal Transit Administration (FTA) Clauses when FTA funds are being utilized to acquire goods or services under the MSA.

Bidder shall submit signed Attachment 6 - Federal Certification Forms with the proposal. Failure to submit this form with the proposal will result in the proposal being considered non-responsive.

Federal Debarment, Suspension, Ineligibility, and Voluntary Exclusion (M) Expenditures from the MSAs resulting from this RFP may involve Federal funds.

Bidder shall submit a signed Federal Debarment Certification form with the proposal. Failure to submit this form with the proposal will result in the proposal being considered non-responsive.

Environmentally Preferable Purchasing (EPP) (M) DGS-PD is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by Public Contract Code (PCC) sections 12400 through 12404. By signing the Agreement Cover Letter, the Bidder is certifying that the products or services offered under this RFP are in compliance with the Federal Trade Commission’s Guidelines for the User of Environmental Marketing Terms, in accordance with PCC section 12404.

Executive Order N-6-22 – Russia Sanctions (M) 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, Bidder 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.

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

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

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

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State 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 / Contractor GenAI Reporting and Factsheet (STD 1000), 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.

Pricing (M) Attachment 2 – Cost Workbook must be completed in accordance with RFP Section 4, Cost and submitted in accordance with RFP Section 5, Proposal Format.

Bidder Declaration Form and Use of Subcontractors (M) All Bidders must complete the Bidder Declaration Form (GSPD-05-105) (http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf) and include it with the proposal. If utilizing subcontractors, Bidders must also indicate subcontractors will be used on Attachment 3 – Narrative Response.

When completing the declaration, Bidders must identify all subcontractors they are entering into an agreement with to perform under the resultant MSA. Bidders awarded a MSA are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the MSA. The Contractor must have written agreement from the State prior to replacement or substitution of any subcontractor.

If a Bidder proposes the use of a subcontractor for a portion of the MSA, the Bidder agrees that all requirements will be adhered to and that requirements will apply to subcontractors even if subcontractor concurrence is not specifically defined. All subcontractors must comply fully with the administrative and technical requirements that are applicable with the portion of the work being delegated to the subcontractor.

Upon award to a successful Bidder, notice shall be given by the State to the subcontractors listed in the Bidder Declaration Form of their participation in the MSA. Notification to the subcontractor by the prime Contractor is encouraged immediately after award of an RFP.

Use of subcontractors will be addressed…