RFP_23-000010_Safety_Culture_Assessment.pdf

Governor Gavin Newsom

REQUEST FOR PROPOSALS

Notice to Prospective Proposers

RFP – Safety Culture Assessment Energy Safety 23-000010

April 18, 2024 You are invited to review and respond to this Request for Proposals (RFP) for safety culture assessment services being offered by the Office of Energy Infrastructure Safety (Energy Safety).

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 4/2017) and Contractor Certification Clauses (CCC 4/2017) that may be viewed and downloaded at the following internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the Acquisition Analyst listed below.

Proposers are encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submittal of proposals is the responsibility of the proposer and cannot be overemphasized. Please ensure insurance requirements and, if applicable, prevailing wages are considered in your proposal amounts. Should prevailing wage be required, August 2023 rates will apply. Note: Proposer (and any listed subcontractor) must be registered with the Department of Industrial Relations (DIR).

In the opinion of the Energy Safety, this RFP is complete and without need of explanation.

However, if you have questions regarding this RFP please contact the below listed Acquisition Analyst. Please note that verbal information given will not be binding on the State unless such information is issued in writing as an official addendum to this RFP.

Jonathan Harmon, Procurement Analyst Office of Energy Infrastructure Safety 279-429-7387 Jonathan.Harmon@energysafety.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Office of Energy Infrastructure Safety Safety Culture Assessment

RFP 23-000010; Page 2 of 61

Table of Contents I. Purpose and Description of Services

II. Proposer Minimum Qualifications

A. Licenses:

B. Insurance:

C. References:

D. DVBE Participation:

III. RFP Information

A. Key Action Dates

IV. Proposal Requirements

A. Proposal Content Requirements

B. Proposal Submittal Requirements

C. Rejection of Proposal Submittals

D. Errors in the Proposal Submittal

E. Disposition of Proposals

V. Proposal Evaluation

A. Evaluation and Selection Process

B. Award

C. Protest

D. Scoring Scale – Percent of Possible Points

E. Evaluation Criteria

F. Preference and Incentive Programs

VI. Contract Award Requirements

VII. Scope of Work………………………………………………………………………………………...39

RFP 23-000010; Page 3 of 61

I. Purpose and Description of Services

1. The State of California, Office of Energy Infrastructure Safety (Energy Safety) is procuring consultative services for an annual safety culture assessment (SCA).

2. The Proposer shall assist Energy Safety with the review of its 2023 Safety Culture

Assessment (SCA) process and the development of a new process for 2024 and 2025.

3. The state anticipates services will be performed remotely for this agreement.

4. The anticipated term of the contract will be for three (3) years.

5. The Proposer’s rates will stay in effect for the entire contract term.

6. The Proposer’s required services are provided in Attachment 10, Sample Standard

Agreement and Exhibits. The winning Proposer will be required to adhere to all Agreement terms as indicated in Attachment 10, Sample Standard Agreement and Exhibits. Please note that any orange font language in the attached sample contract is for informational purpose only and will not appear in the final contract.

II. Proposer Minimum Qualifications NOTE: Proposal Submittals that do not meet minimum requirements will be rejected.

A. Licenses:

1. A Proposer must be registered with the State of California, Secretary of State, if required by law.

B. Insurance:

A Proposer must submit current proof of insurance for the following:

1. General Liability

2. Commercial Automobile Insurance

3. Worker’s Compensation

A certificate of insurance (COI) may be provided as proof of insurance. The COI and/or proof of insurance documents will be named Attachment 8, Proof of Insurance, and be submitted with the proposal. Endorsements to insurance policies are not required for proposal submittal. Endorsements to insurance policies are only required by the winning Proposer as indicated in Attachment 10, Sample Standard Agreement and Exhibits.

NOTE: Contact your insurance representative to ensure your insurance program satisfies the requirements of the sample contract found in Exhibit D, Section 9 in Attachment 10, prior to submitting proposal.

C. References:

Proposers must provide three (3) or more references. Required Attachment 5, Proposer References, must be completed and submitted with the proposal submittal. NOTE:

References to include satisfactory job performance on operations within the last five (5) years that are similar to safety culture assessment as required in this solicitation.

RFP 23-000010; Page 4 of 61

D. DVBE Participation:

DVBE requirement for this RFP has been exempted. Proposers are encouraged to participate in the DVBE Incentive program as outlined on page 18 of the RFP.

RFP Information A. Key Action Dates

Listed below are the important action dates and times by which actions must be taken or completed. If OBAS finds it necessary to change any of these dates, it will be accomplished by addendum to this RFP. ALL DATES AFTER THE DEADLINE FOR FINAL BID

SUBMITTAL ARE APPROXIMATE AND MAY BE ADJUSTED AS CONDITIONS INDICATE,

WITHOUT ADDENDUM TO THIS RFP.

Event Date Time (PT) RFP available to prospective proposers April 18, 2024 Written Question Submittal Deadline April 24, 2024 Questions and Answers to be Posted April 26, 2024 Deadline for Final Proposal Submittal May 1, 2024 2:00 p.m.

B. Written Questions

1. Proposers requiring clarification of the intent or content of this RFP, or on procedural matters regarding the competitive procurement process, may request clarification by submitting questions. Proposers may submit questions to the Acquisitions Analyst listed on the Notice to Prospective Proposers via email or via U.S. mail. If sending via U.S. mail, the envelope must be clearly marked “Questions Relating to RFP Safety Culture Assessment 2023 and sent to the Acquisition Analyst listed on the Notice to Prospective Proposers for this RFP. To ensure a response, questions must be received in writing by the date given for written questions in Key Action Dates (See Section C.1.). Question and Answer Sets will be provided to all Proposers without identifying the submitters and will be posted as an official Addendum.

2. Requests for Changes to the RFP – If the Proposer believes that one or more of the RFP requirements is onerous, unfair, or imposes unnecessary constraints to the Proposer in proposing less costly or alternate solutions, the Proposer may request a change to the RFP by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. Such requests must be submitted to the Acquisition Analyst by the date specified herein for written questions concerning the RFP. Such changes will be made at the sole option of OBAS. If OBAS determines that any requested change is in the best interest of the State, all Proposers will be notified of the change in the form of an Addendum to this RFP without revealing the identity of the Proposer that requested the change.

RFP 23-000010; Page 5 of 61

3. If a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, the Proposer will immediately notify OBAS of such error(s) in writing and request clarification or modification of the document. If a Proposer fails to notify OBAS, prior to the Deadline for Final Proposal Submittal, of an error known to the Proposer, or an error that reasonably should have been known, the Proposer will proposal at their own risk, and if awarded the contract, will not be entitled to additional compensation or time by reason of the error or its later correction.

III. Proposal Requirements A. Proposal Content Requirements

All of the information requested shall be provided in the prescribed format. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A proposal will be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements.

General: Proposer(s) seeking consideration must complete and return to State a cover letter and all portions requiring Proposer(s) information by the date and time specified in the Key Action Dates section of this RFP. The proposal will be presented in separately tabulated sections, with each section and the contents therein as set forth below:

1. Section 1: Cover Letter: A cover letter, which shall be considered an integral part of the proposal, shall be signed by the individual(s) who is/are authorized to bind the Proposer contractually. This cover letter must indicate the signer is so authorized and must indicate the title or position which the signer holds in the Proposer's firm. The letter shall also contain: the firm's name, address and telephone number; a statement expressing the Proposer's unequivocal commitment and ability to perform the services as described in this RFP as well as a statement as to the availability of the Lead Contact/Contract Manager and other key professional(s) and support staff that will be assigned to the contract and other required resources to perform all services described; a statement that the information contained in the proposal is accurate to the best of the Proposer’s knowledge and belief.

2. Section 2: Background and Experience : A narrative description of the RFP respondent’s relevant background and experience. The following information shall be included:

a. Firm

1) Firm must have at least three (3) years of directly relevant experience, including knowledge of safety performance metrics, safety culture, and the electric utility sector.

b. Key Staff Personnel

1) Project Manager: Must have three (3) years experience in managing teams and/or programs that have directly relevant experience, including experience with hazard mitigation, safety performance metrics, safety culture, and the electrical utility sector.

2) Within the proposed project team at least one (1) proposed staff member for each of the following levels of experience:

i. One (1) year experience analyzing regulatory policy, RFP 23-000010; Page 6 of 61 operations, and planning within the utility industry.

ii. One (1) year experience developing and/or analyzing safety performance metrics and culture.

3. Section 3: Organizational Structure and Personnel Resources: A narrative description is required describing how the respondent plans to organize the resources necessary to complete the service deliverables. The content should demonstrate the respondent’s ability to provide the services set forth in this RFP. This section shall include:

a. Services and Activities: Provide a description of the nature of the respondent’s services and activities as it relates to assessing safety culture, in particular in the context of wildfire mitigation. Note when the proposer, if a business, was established, its brief history and its location. List the location(s) of the office(s) from which the primary work on this contract would be performed. The proposer must give evidence that it has at least one California office, and will provide services through this location.

b. Project Manager (PM): Identify one (1), or more individuals, on the proposer’s team, who will manage the work on this contract and what their Full Time Equivalent (FTE) will be throughout the entire term of this Agreement. Describe the agency’s and subcontractors, if applicable, overall experience in developing, implementing, and managing program activities, such as that described in the deliverables. Include any available example(s).

c. Key Personnel: Specify the key personnel who will manage or conduct the work. Identify the role each person will serve, their title, where the individual is headquartered and the percentage of the proposer’s total effort that will be provided by the individual. “Key personnel” are defined as those people in conjunction with the PM who will exercise a major management and/or administrative role on behalf of the proposer. “Key personnel” also includes individuals who are responsible for completing or assisting with the completion of the deliverables described in Exhibit A, Scope of Work. “Key personnel” does not include clerical staff.

d. Current resumes for the PM and key personnel: Include resumes describing education, experience and expertise with pertinent information demonstrating qualifications for this RFP. If specific positions are not yet filled, please include job descriptions and qualifications for those positions desired.

e. Subcontractors: If applicable, provide the names, addresses and telephone numbers of all contemplated subcontractors; clearly describe the services each will provide; the method used to secure their services; the portions and monetary percentages of the work to be done by the subcontractors; a description of how the subcontracted work will be controlled, monitored, and evaluated by the proposer; and a resume for each key staff member of the subcontractor.

f. The State considers the successful proposer to be the sole point of contact for the Agreement. However, all subcontractors must conform to all requirements of this RFP and must be approved by the State, in writing, in advance. Entering into an Agreement with the State pursuant to the proposal does not constitute written approval of the proposed subcontractor.

RFP 23-000010; Page 7 of 61

g. Organization Chart: The proposer must include an organization chart, showing the hierarchy of the PM and key personnel involved. The chart must show the project staff, creative media/public relations staff, researchers and other key personnel of the proposer’s organization and all other parties (subcontractors) to the proposal.

h. Conflict of Interest Documentation: All bidders shall comply with Energy Safety’s Conflict of Interest reporting requirements, as discussed in the Conflict of Interest section of this RFP. The bidder must submit with the response to this RFP, a representation that no conflicts of interest exist for the bidder or any individuals or subcontractors proposed to complete work under this RFP. (See Conflict of Interest Section.)

4. Section 4: Methodology: This section of the proposal should contain a detailed, clearly written explanation of the methods and tasks that the proposer will follow to perform the services required by this RFP. The written explanation should include the following for each component:

a. Description of Methodology – describe in detail the methodology that the proposer intends to follow in completing the safety culture assessment services as outlined in this RFP’s Scope of Work and Exhibit A. Outline the phases of planning and implementation, highlighting any practical approaches necessary.

b. Proposer fully addresses each deliverable as outlined in the Scope of Work and demonstrates activities that will be completed to fulfill each deliverable.

c. Statements describing how the Proposer demonstrates knowledge, experience and an understanding of safety culture assessments.

d. Statements describing how the Proposer demonstrates the administrative and organizational capacity to develop, implement, and facilitate and support activities related to safety culture assessments, and produce outcomes that will benefit Energy Safety and their staff.

e. Statements describing how the Proposer demonstrates a strong capacity for collaboration and demonstrates a commitment to this work.

5. Section 5: Work Plan: Provide as an attachment, a detailed proposed work plan for the estimated contract term of May 1, 2024 through April 30, 2027. This section of the proposal should contain a list of phases, major activities, strategies and tools to achieve the goal of evaluating Energy Safety’s existing Safety Culture Assessment process and assisting with developing a new/updated SCA process proposal for 2024 and 2025 as outlined in the Scope of Work. Energy Safety anticipates using the respondent’s submitted work plan as a template and will be incorporated into the Contract as Exhibit A - Attachment 2. The contractor will be required to update and/or revise the work plan as necessary and to meet the different needs as necessary to implement the methodology ultimately determined by Energy Safety.

6. Section 6: Reporting Sample: Proposer shall include in this section a sample report from a previous agreement completed by the Proposer that demonstrates the Proposer’s writing ability in analyzing and displaying data and overall quality of work.

RFP 23-000010; Page 8 of 61

7. Section 7: Mandatory Attachments: Proposer shall include in this section all attachments as specified in Section 6 of Attachment 1.

B. Proposal Submittal Requirements

1. The Proposer will submit one original copy of all required documents. Either a physical paper copy, or an electronic copy via USB flash drive, or both.

2. The proposal submittal must be complete in all respects as described in this RFP. A proposal submittal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A proposal submittal will be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements.

3. A completed proposal package must consist of all items identified in the Attachment 1, Proposal Submittal Attachment Checklist. A proposal submittal not including all required attachments will be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements, which is cause for rejection.

4. An individual who is authorized to bind the proposing firm contractually will sign Attachment 2, Proposal/Proposer Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected. The “Proposal/Proposer Certification Sheet” must be submitted with proposal submittal/package.

5. Electronic signatures including scans of wet signatures are permissible for all proposal documents.

6. The Proposer will deliver their proposal in such a way that the outside is clearly labeled as indicated below:

Attn: Jonathan Harmon

RFP 23-000010 SAFETY CULTURE ASSESSMEMT

DO NOT OPEN

Office of Energy Infrastructure Safety

715 P St, Floor 20 Sacramento, CA 95814

7. MAILED PROPOSALS: Shall be sent to the address above.

8. HAND DELIVERED PROPOSALS: Proposal Packages delivered in person may be delivered in the Lobby of the California Natural Resources Agency (CNRA) building, located at 715 P Street, Sacramento CA 95814. Proposal package must have the above identifier printed clearly on package.

9. The proposal submittal implies no obligation on the part of Energy Safety to purchase or contract for services.

C. Rejection of Proposal Submittals

1. A proposal submittal not received by the date and time specified in Section III.A. Key Action

Dates, or not sealed, will be rejected.

RFP 23-000010; Page 9 of 61

2. The proposal submittal must not contain false or misleading statements, or provide references which do not support an attribute or condition claimed by the Proposer. If, in the opinion of Energy Safety, such information was intended to mislead Energy Safety 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 submittal.

3. Deviations in the proposal submittal, whether or not intentional, may cause the proposal submittal to be non-responsive and not considered for award.

4. The State does not accept alternate contract language from a prospective contractor. A proposal submittal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

5. Energy Safety is not required to award a contract. Energy Safety reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept all or any portion of a proposal, if deemed in the best interest of the State and not contrary to law. Energy Safety’s waiver of any immaterial deviation or defect will in no way modify the RFP documents or excuse the contractor from full compliance with the RFP specification, if awarded the contract.

D. Errors in the Proposal Submittal

1. The Proposer may withdraw or modify a proposal by submitting a written withdrawal request to Energy Safety, signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new proposal prior to the final proposal submittal deadline.

2. Energy Safety may modify the RFP prior to the key action date for submittal of proposals by posting an Addendum on the CSCR website, located at the following address:

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

E. Disposition of Proposals

1. Upon proposal submittal, 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 (Gov Code § 6250 et seq.) and subject to review by the public.

2. The proposal submittals may be returned to the Proposer only at the Proposer's expense, unless such expense is waived by the State and only after the final proposal tabulation has been released.

IV. Proposal Evaluation A. Evaluation and Selection Process

1. Only proposals received prior to the Deadline for Final Proposal Submittal identified in Section IV.A Key Action Dates will be opened and evaluated.

2. Energy Safety will review each proposal for completeness and compliance with any minimum qualifications as identified in Section II. Proposer Minimum Qualifications.

a. The review may also include, but not be limited to:

i) Validation of References;

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

RFP 23-000010; Page 10 of 61

ii) Cost Sheet calculations have been verified;

iii) SB Preferences have been evaluated, confirmed and calculated;

iv) DVBE Participation Requirement and Incentives have been evaluated, confirmed and calculated;

v) Darfur certification has been evaluated;

vi) California Civil Rights Attachment has been evaluated;

vii) Largest tax delinquents eligibility confirmed;

viii) Corporate standing has been verified with State of California, Secretary of State;

ix) Commercially Useful Function (CUF) analysis

b. During review, if any of the required documents are missing, the evaluation committee may reject the proposal submittal as non-responsive. If any of the required documents are incomplete, the evaluation committee may reject the proposal submittal as non-responsive. If any of the required documents have been modified or contain alterations, the evaluation committee may reject the proposal submittal as non-responsive.

c. The documents provided by the Proposer in their proposal submittal enable Energy Safety to evaluate for responsiveness. Energy Safety reserves the right to ask clarifying questions during evaluation, such as for CUF; however, the answers cannot change or alter the proposal submittal. Should a discrepancy exist between the answer provided and the proposal submittal, the proposal submittal will be considered correct.

3. If, in the further review of RFP Attachment 9, Cost Sheet, a mathematical discrepancy is found, the line amounts for each lot listed in Column C will be considered correct and the discrepancy will be adjusted accordingly.

4. If a field within the Cost sheet is left blank, it will be construed as a bid of $0.00.

5. If a field within the Cost Sheet is marked with anything other than a number (i.e. N/A) the bid may be deemed nonresponsive.

6. Energy Safety will determine the validity of references and signatory authority of winning proposal prior to awarding contract or posting Notice of Intent to Award. Energy Safety’s determination of a proposal being responsive and responsible will be final.

7. Energy Safety will appoint an Evaluation Committee of 2-3 State employees to evaluate and score each proposal in accordance with the Scoring Scale and Evaluation Criteria in Sections VI.D and VI.E.

a. The scores of all Evaluation Committee members will be averaged to arrive at a final score for each proposal.

8. Cost Evaluation

a. The Cost Proposal shall be worth 30% of the total score. Cost points will be awarded based on how close each proposer’s cost proposal is to the lowest cost proposal. The following formula will be used for the award of cost points:

% of Points Awarded= [Lowest Proposer’s Cost] / [This Proposer’s Cost]

RFP 23-000010; Page 11 of 61

For example:

Cost Proposal A = $100,000; Cost Proposal B = $125,000 $100,000 / $125,000 = 80% 80% of 30 points possible = 24 points for Cost Proposal B Cost Proposal A receives 100% of the 30 points possible

b. Once scores are final, proposals will have applicable preferences and incentives applied as detailed in Section VI.F Preference and Incentive Programs.

c. Sample Final Proposal Tabulation:

Proposer A B C Responsive & Responsible?

Small Business (SB) Technical Proposal Score Cost Proposal Score Initial Ranking SB Preference Points DVBE Incentive Percentage DVBE Incentive Points Adjusted Final Score (including SB and DVBE points)

Final Ranking

9. Nothing in this section will require the awarding of the contract if no proposals are received offering a contract price that, in the opinion of Energy Safety, is a reasonable price.

B. Award

1. Contract award, if made, will be awarded to the proposal that receives the highest score after the application of preferences and incentives.

2. In the event of a tie, representatives of the State will flip a coin to determine the winning proposal. The coin flip will be witnessed and documented by two (2) or more State employees.

3. Written notification of the State’s intent to award will be posted publicly at: Cal eProcure https://caleprocure.ca.gov/pages/index.aspx, CSCR, as well as Energy Safety’s website:

https://energysafety.ca.gov/contracting-opportunities/

C. Protest

1. If a Proposer, prior to the award of agreement, files a notice of protest with DGS/OLS, specifying the grounds that the Protestant was the highest scored proposer, then the agreement will not be awarded until either the protest has been withdrawn or DGS/OLS has decided the matter.

https://caleprocure.ca.gov/pages/index.aspx https://energysafety.ca.gov/contracting-opportunities/

RFP 23-000010; Page 12 of 61

Within five (5) days after filing the notice of protest, the Protestant will file with DGS a full and complete detailed written statement specifying the grounds for the protest. The notice of protest and the full and complete detailed written statement must be sent to:

Department of General Services, Office of Legal Services (OLS) Attention: Proposal Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Proposal Protest Coordinator’s Email Address: OLSProtests@dgs.ca.gov.

A copy must be provided to Energy Safety at:

Office of Energy Infrastructure Safety ATTN: Tyler Morris, Chief Administrative Services Division 715 P Street, 20th Floor Sacramento, CA 95814 Email: Tyler.Morris@energysafety.ca.gov

It is suggested that the protest be submitted by certified or registered mail. Any protest must be received within five (5) days from the date of Notice of Intent to Award.

mailto:OLSProtests@dgs.ca.gov mailto:Tyler.Morris@energysafety.ca.gov

RFP 23-000010; Page 13 of 61

D. Scoring Scale – Percent of Possible Points The following scale will be used in awarding points for each of the evaluation criteria.

% OF

POSSIBLE

POINTS

INTERPRETATION EXPLANATION FOR PERCENTAGE POINTS

0% Not Responsive Response does not include or fails to address the requirements being scored.

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

10-30% Minimally Responsive

Response minimally addresses the requirements being scored. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

40-60% Inadequate Response addresses the requirements being scored, but there are one or more omissions, flaws, or defects or the requirements are addressed in such a limited way that it results in a low degree of confidence in the proposed solution.

70% Adequate Response adequately addresses the requirements being scored. Any omission(s), flaw(s), or defect(s) are inconsequential and acceptable.

75% Between Adequate and Good

Response better than adequately addresses the requirements being scored. Any omission(s), flaw(s), or defect(s) are inconsequential and acceptable.

80% Good

Response fully addresses the requirements being scored with a good degree of confidence in the proposer’s response or proposed solution. No identified omission(s), flaw(s), or defect(s). Any identified weaknesses are minimal, inconsequential, and acceptable.

85% Between Good and Excellent

Response fully addresses the requirements being scored with a better than good degree of confidence in the proposer’s response or proposed solution. No identified omission(s), flaw(s), or defect(s). Any identified weaknesses are minimal, inconsequential, and acceptable.

90% Excellent

Response fully addresses the requirements being scored with a high degree of confidence in the proposer’s response or proposed solution. Proposer offers one or more enhancing features, methods or approaches exceeding basic expectations.

95% Between Excellent and Exceptional

Response fully addresses the requirements being scored with a better than excellent degree of confidence in the proposer’s response or proposed solution.

Proposer offers one or more enhancing features, methods or approaches exceeding basic expectations.

100% Exceptional

All requirements are addressed with the highest degree of confidence in the Proposer’s response or proposed solution. The response exceeds the requirements in providing multiple enhancing features, a creative approach, or an exceptional solution.

E. Evaluation Criteria

A B C D

Evaluation Criteria % of

POINTS

AWARDED

POSSIBLE

SCORE

(BxC)

1. Technical Approach Points will be awarded for this criterion based on the degree to which the proposal describes and demonstrates:

RFP 23-000010; Page 14 of 61

Evaluation Criteria % of

a. The technique, approach, and methods for accomplishing the Scope of Work shall meet or exceed the state’s needs.

b. The proposer’s ability to address factors critical for success, in addition to risks, barriers, and limitations (e.g., loss of key subcontractor).

c. The proposed work is technically feasible and achievable within the proposed Schedule.

d. The proposer has provided sufficient details to demonstrate an understanding of Energy Safety’s existing safety culture assessment process. Understanding may be demonstrated by outlining and or describing how the proposer would modify the process to improve its effectiveness at assessing the safety culture present in the wildfire mitigation work setting of the electrical corporations. The proposer has provided examples of experience in working to improve safety culture by analyzing organizational culture, including:

i. Workforce behavior.

ii. Leadership influence.

iii. Organizational foundation, including:

iv. Organizational sustaining systems (systems and processes that sustain enabling systems and assure their effectiveness, supporting safety management, leadership, and wildfire safety performance).

v. Governance (how systems or objectives relevant to wildfire safety are monitored).

vi. Safety-enabling systems (systems and processes that improve safety).

2. Team Qualifications, Capabilities, and Resources

Evaluations of ongoing or previous projects including project performance by proposer and team members will be used in scoring for this criterion. Points will be awarded for this criterion based on the degree to which the proposal describes and demonstrates:

a. The proposed team has appropriate qualifications, experience, and capability to complete the scope of work.

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Evaluation Criteria % of

b. The proposed team structure and how various tasks will be managed and coordinated is appropriate and consistent with the qualifications of the team.

c. The facilities, infrastructure, and resources available that directly support the project are sufficient to accomplish the scope of work.

d. The team’s history of successfully completing projects in the past 10 years.

e. The team’s demonstrated experience in creating program goals, measuring progress, reaching outcomes, and publishing results.

3. Budget and Cost-Effectiveness Points will be awarded for this criterion based on the degree to which the proposal describes and demonstrates:

a. Budget forms are complete for the proposer and all subcontractors, as described in the Budget instructions.

b. The reasonableness of the requested funds relative to the proposed approach to accomplishing the scope of work.

c. The reasonableness of direct costs (e.g., labor, fringe benefits, equipment, materials & misc. travel, and subcontractors).

d. The reasonableness of indirect costs (e.g., overhead, facility charges (e.g., rent, utilities), burdens, subcontractor profit, and other like costs).

4. Total Proposal Costs:

The following formula will be used for the award of cost points:

% of Points Awarded= [Lowest Proposer’s Cost]/[This Proposer’s Cost]

TOTAL SCORE 100

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F. Preference and Incentive Programs Preference and Incentive Programs are each identified below. When the Proposer satisfies the requirements and requests proposal preferences and incentives, the Proposer must clearly identify in their proposal submittal for which of the programs it qualifies. Denial of those preference or incentive requests is not a basis for rejection of the proposal.

1. Small Business Preference:

California Government Code (GC) section 14835, et seq., requires a preference be given to Proposers who are California Certified Small Business (SB) or Microbusiness (MB). The rules and regulations of this law, including the definition of a SB for the delivery of goods and services, are contained in California Code of Regulations, title 2, section 1896 et seq.

A preference is available to a certified SB. A Proposer claiming this preference must be certified by the Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a SB. Questions regarding certification should be directed to the OSDS at (916) 375- 4940.

To be considered as a certified SB, the Proposer must have a complete application package on file with the OSDS by 5:00 p.m. on the Deadline for Final Proposal Submittal date. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise To claim the Small Business Preference please see Attachment 3, Bidder Declaration

(GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may qualify the Proposer for a SB preference. A business that is performing a commercially useful function is one that does ALL of the following:

• Is responsible for 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 function;

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

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

2. Non-Small Business Subcontractor Preference:

A preference is available to a non-small business (NS) claiming 25% California-certified small business subcontractor participation. A Proposer claiming this preference must list one or more SB subcontractor(s), whom the Proposer commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

RFP 23-000010; Page 17 of 61

To claim the Non-Small Business Subcontractor Preference please see Attachment 3, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may be used to qualify the Proposer for the Non-Small Business Subcontractor Preference. A business that is performing a commercially useful function is one that does ALL of the following:

• Is responsible for 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 function;

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

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

3. Disabled Veteran Business Enterprise Incentive:

There is no DVBE participation minimum requirement for this contract.

Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to Proposers who provide additional (more than the minimum requirement of 3%) DVBE participation on the contract.

The DVBE Incentive is as follows:

Confirmed DVBE

Participation Incentive % Incentive Points

7% to 7.99% 5% 5 6% to 6.99% 4% 4 5% to 5.99% 3% 3 4% to 4.99% 2% 2

3.01% to 3.99% 1% 1 3% No Incentive – Minimum

3% participation required

0% -2.99% Participation less than 3% is considered non-responsive

A Proposer is eligible to receive this additional DVBE incentive if they are a certified DVBE or if a non DVBE Proposer commits to use a certified DVBE(s) as subcontractor(s).

RFP 23-000010; Page 18 of 61

a. Certified DVBE Proposer additional incentive considerations:

i) Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-105).

ii) At the State’s option a DVBE Proposer working in combination with other DVBE(s) will submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105).

When requested, the written confirmation must be submitted to the address or facsimile number specified and within the timeframe identified in the notification.

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

b. Non-DVBE Proposer additional incentive considerations:

i) Commit to using certified DVBE(s) for more than 3% of the proposal value.

ii) Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-105).

iii) At the State’s option prior to contract award, a Proposer is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105). The RFP Acquisitions Analyst named in the solicitation may contact each listed DVBE, by mail, email, fax or telephone, for verification of the Proposer’s submitted DVBE information.

When requested, the document(s) must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for proposal rejection.

c. Locating DVBE Subcontractors

i) State Resources: Access the list of all certified DVBEs by using the Department of

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

www.caleprocure.ca.gov

ii) To begin your search, click on “Small Business and Disabled Veteran Business Enterprise Services,” then click “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.caleprocure.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: OSDSHelp@dgs.ca.gov

iii) Local Resources: For a list of local DVBE organizations:

https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Referral- Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE264

BE

http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/ mailto:OSDSHelp@dgs.ca.gov https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Referral-Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE264BE https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Referral-Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE264BE https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Referral-Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE264BE

RFP 23-000010; Page 19 of 61

NOTE: Pursuant to Military and Veterans Code section 995.5, only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may qualify the Proposer or be used to qualify the Proposer for a DVBE participation and/or DVBE incentive. A business that is performing a commercially useful function is one that does ALL of the following:

i) Is responsible for execution of a distinct element of the work of the contract;

ii) Carries out its obligation by actually performing, managing, or supervising the work involved;

iii) Performs work that is normal for its business, services and function;

iv) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices; and

v) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

4. TACPA Preference:

Pursuant to Government Code (GC) commencing with Section 4530, the Target Area Contract Preference Act (TACPA) preference applies for proposals in excess of $100,000 and in which the worksite is not fixed by the provisions of the contract. Proposers wishing to take advantage of this preference will need to review the following website and submit the appropriate TACPA request documentation with the proposal:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Request-a-Target-Area-Contract-Preference

5. Applying Preferences and Incentives Preferences and incentives are used for proposal tabulation purposes to determine the highest scored proposal. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting contract. Please be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance to statutory, regulatory and contractual requirements.

The SB preference of 5% will be applied when the highest scored proposal is from a non-certified SB or MB. The 5% will be calculated on the highest responsible proposer’s total score. That amount is then added to the score for each certified SB or MB for a new total score.

NS will receive a 5% preference (calculated on the highest responsible proposer’s total score) if the lowest responsive proposal is neither a SB nor NS. (Note: NS claiming SB subcontractor preference cannot displace an award to a certified SB).

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference

RFP 23-000010; Page 20 of 61

The DVBE incentive points are based on the total possible available points, not including points for socioeconomic incentives or preferences. For evaluation purposes, the incentive points will be added to the total score. If a SB is ranked number 1 after SB preference has been applied, the DVBE incentive is only calculated for proposers certified as SBs. The incentive points cannot be used to achieve any applicable minimum point requirements and shall not displace an award to a certified SB with a non-SB.

Sample proposal tabulation:

Proposer A B C Responsive & Responsible? Yes Yes Yes Small Business (SB) SB NS No Technical Proposal Score 65 67 63 Cost Proposal Score 25 30 24 Total Evaluated Score 90 97 87 Initial Ranking 2 1 3

SB/NS Preference Points 4.85 0* 0 DVBE Incentive Points 2 3 1 Adjusted Final Score (including SB and DVBE points)

96.85 100 91

Final Ranking 2 1 3

*Note that a NS cannot displace an award to an SB and so preference points are not applied.

Rules Relating to Current and Former State Employees

1. Bidders are on notice of the following provisions regarding current or former state employees and disclose any disqualifying situations from the following provisions:

a. Current State Employees (Public Contract Code section 10410): Any officer or employee in the state civil service or other appointed state official is prohibited from engaging in any employment, activity, or enterprise from which the officer or employee receives compensation or in which the officer or employee has a financial interest, and it is sponsored or funded by any state agency or department through or by a state contract. In addition, any officer or employee in the state civil service is prohibited from contracting on his or her own individual behalf as an independent contractor with any state agency to provide services or goods.

b. Former State Employees (Public Contract Code section 10411): Any retired, dismissed, separated, or formerly employed person of any state agency or department employed under the state civil service or otherwise appointed to serve in state government is prohibited for two years from entering into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency or department.

RFP 23-000010; Page 21 of 61

In addition, for a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under state civil service or otherwise appointed to serve in state government may enter into a contract with any state agency, if he or she was employed by that state agency in a policymaking position in the same general subject area as the proposed contract.

2. If the Bidder violates any provisions of paragraphs a. or b. above, such action by Bidder shall render this Agreement void. (Public Contract Code section 10420.)

Conflict of Interest

1. General Description of Conflicts of Interest

a. For purposes of this Agreement, “conflict of interest” means:

i. A conflict of interest as defined in this RFP or any resulting Agreement;

ii. A conflict of interest prohibited by any applicable Federal or State law, including the Political Reform Act, relating to conflicts of interest1; and/or

iii. A financial interest that may impair the ability of the individual or firm to deliver fair unbiased work for Energy Safety.

b. A potential conflict of interest is defined in this RFP and any resulting Agreement as:

any prospective team member (firm, or individual, whether a contractor or subcontractor, employees, independent contractors, and all others, performing or supervising work under any resulting Agreement, and proposed to perform or supervise work under this RFP), whose work on this project is expected to involve the exercise of judgment has current contracts/employment with or potential or active proposals before, or any financial interest in, Covered Entities or any parent, subsidiary, or affiliate thereof.

c. For purposes of this Agreement, a Covered Entity is:

i. Entities, including any member of the entity, with a financial interest in, the community regulated by Energy Safety;

ii. Entities that design, develop, construct, maintain, sell or acquire facilities and or equipment that generate, transmit, or distribute natural gas, electricity, and energy; or

iii. Entities that design, develop, construct, maintain, sell or acquire facilities and or equipment that generate, transmit, or distribute water and telecommunication.

d. If a potential conflict of interest arises after the execution of a contract awarded as a result of this RFP, the Bidder agrees to notify the appropriate Energy Safety Project Manager within 10 days of becoming aware of the potential conflict of interest.