RFP_23-10351___EXECUTIVE_COMPENSATION_ANALYSIS.pdf

State of California – A Natural Resources Agency

OFFICE OF ENERGY INFRASTRUCTURE SAFETY

715 P Street, 20th Floor | Sacramento, CA 95814

916.902.6000 | www.energysafety.ca.gov

OFFICE OF ENERGY INFRASTRUCTURE SAFETY

REQUEST FOR PROPOSALS (SECONDARY)

NOTICE TO PROPOSERS

DATE: 4/8/2024

NO: RFP-23-10351

TITLE: EXECUTIVE COMPENSATION ANALYSIS AND GUIDELINES DEVELOPMENT

You are invited to review and respond to Request for Proposal (RFP) 23-10351, Execu�ve Compensa�on Guidelines Development, for the Office of Energy Infrastructure Safety (Energy Safety). In submi�ng your proposal, you must comply with the instruc�ons found herein. The services required are delineated in the Sample Standard Agreement (Atachment B), Exhibit A, Statement of Work (SOW). Please read the enclosed document carefully.

Note that all agreements entered into with the State of California will include by reference General Terms and Condi�ons (GTC 4/2017) and Contractor Cer�fica�on Clauses (CCC 4/2017). Upon submital of a response to this RFP, Proposer commits to comply with these requirements if awarded an Agreement:

htps://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language

SERVICES NEEDED:

Consul�ng services and deliverables to: (1) support the development of 2025 Execu�ve Compensa�on Structure Submission Guidelines, (2) analyze of 2024 and 2025 Execu�ve Compensa�on Structure submissions, and (3) provide recommenda�ons for future guidelines and Execu�ve Compensa�on Structure evalua�ons.

KEY ACTION DATES:

SCHEDULE DATE

Advertisement Date (CSCR EVENT ID# 0000030674) 4/8/2024 Written Questions Due by 2:00 P.M. (PST) 4/17/2024 Proposal Package Due by 2:00 P.M. (PST)* 5/1/2024 Anticipated Award Date 5/22/2024

*All dates a�er the RFP Proposal Package Due Date are approximate and may be adjusted as condi�ons indicate without an addendum to this solicita�on.

ESTIMATE BUDGET

Energy Safety’s budget for the proposed contract is limited to $500,000. The period of performance shall from the date as specified on the Standard Agreement Document (STD213), or upon approval by the Department of General Services, whichever is later, through June 30, 2026, with an op�on to extend for an addi�onal 12-month term at the State’s sole discre�on at the original rates evaluated and considered.

DVBE PARTICIPATION REQUIREMENT: DVBE requirement for this RFP has been exempted. Proposers are encouraged par�cipate in the DVBE Incen�ve program as outlined in Sec�on 3 of the RFP.

DEPARTMENT CONTACT:

It is in the opinion of Energy Safety that this RFP is complete and without need of explana�on. However, if you have ques�ons, or should you need any clarifying informa�on, the contact person for this RPF is:

Claudia Desmangles Office of Energy Infrastructure Safety

Administra�ve Services Division 715 P Street, 20th Floor Sacramento, CA 95814 claudia.desmangles@energysafety.ca.gov 916-639-7167 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 mailto:claudia.desmangles@energysafety.ca.gov

Table of Contents

SECTION 1 – INSTRUCTIONS TO PROPOSERS

1. INTRODUCTION

2. BACKGROUND

3. COMMITMENT

4. PROPOSER MINIMUM QUALIFICATIONS

5. REASONABLE ACCOMMODATION

6. PROPOSAL CONSIDERATIONS

6.1. Public Informa�on

6.2. Mandatory DVBE Par�cipa�on Requirement (NA for this RFP)

6.3. Payment Withhold

6.4. Socio-Economic Preference/Incen�ve Programs (N/A for this RFP)

7. RULES AND CONDITIONS

7.1. Writen Ques�ons and Answers (Q&A)

7.2. Addenda

7.3. Final Proposal Package Content

7.4. Proposal Package Submital Instruc�ons

7.5. Withdrawal and Modifica�on of Proposal Package

7.6. Errors in Submitals

7.7. Rejec�on of Proposals

7.8. Evalua�on and Selec�on

8. AWARD OF CONTRACT

8.1. No�ce of Intent to Award

8.2. Protests

8.3. Tiebreaker

9. POST AWARD REQUIREMENTS

9.1. Contractor Cer�fica�on Clauses (CCC 04/1017)

9.2. Conflict of Interest, Statement of Economic Interest (Form 700)

9.3. Payee Data Record (STD204) (and STD205 if applicable)

9.4. Disabled Veterans Business Enterprise (DVBE) Declara�on (DGS PD 843) (if applicable)

9.5. Security and Confiden�ality (if applicable)

9.6. Insurance

10. VALIDITY OF CONTRACT

11. BACKGROUND CHECKS

12. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

13. CONFLICT OF INTEREST

SECTION 2 – PROPOSAL SUBMITTAL ITEMS AND DESCRIPTIONS

1. PART 1 – PROPOSAL REQUIREMENTS (ADMINISTRATIVE)

2. PART 2 – PROPOSAL REQUIREMENTS (TECHNICAL)

3. PART 3 – COST PROPOSAL REQUIREMENTS

SECTION 3 - EVALUATION CRITERIA AND SELECTION

1. EVALUATION OF PROPOSALS

1.1. Administra�ve Evalua�on (Phase 1) (Pass/Fail)

1.2. Technical Evalua�on (Phase 2) (Scored)

1.3. Minimum Qualifica�ons – Value Added (Phase 2) (Scored)

1.4. Cost Proposal (Cost Points)

2. SCORING CRITERION GUIDELINES

3. EVALUATION CRITERIA

SECTION 4 – SOCIO-ECONOMMIC PROGRAM INFORMATION AND RESOURCES

1. INTRODUCTION

2. DVBE PARTICIPATION REQUIREMENT– NA FOR THIS RFP

3. SB PREFERENCE AND NON-SB SUBCONTRACTOR PREFERENCE PROGRAMS

3.1. SB Preference

3.2. Non-SB Subcontractor Preference

4. DVBE INCENTIVE PROGRAM

5. COMMERCIALLY USEFUL FUNCTION

6. REPORTING REQUIREMENT

7. TARGET AREA CONTRACT PREFERENCE ACT (TACPA) PREFERENCE PROGRAM

8. RESOURCES

ATTACHMENT A – REQUIRED PROPOSAL PACKAGE CHECKLIST

ATTACHMENT 1 – PROPOSER CERTIFICATION

ATTACHMENT 2 – MINIMUM QUALIFICATIONS WORKSHEET

ATTACHMENT 3 – COMPANY CUSTOMER REFERENCE SURVEY

ATTACHMENT 11 – COST SHEET

ATTACHMENT B – SAMPLE STANDARD AGREEEMENT

Office of Energy Infrastructure Safety

RFP 23-10351

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SECTION 1 – INSTRUCTIONS TO PROPOSERS

1. INTRODUCTION

There are condi�ons that this RFP, submi�ng proposers, proposals, and resul�ng Agreements are subject to and/or required to comply with. Proposers shall examine these instruc�ons carefully and respond to the solicita�on requirements prior to bid.

Proposers shall be aware of the requirements of codes referenced in the Proposal Requirements and in the Contract documents. Proposers may access the codes included in California law through publica�ons or through the internet at htps://leginfo.legislature.ca.gov/faces/codes.xhtml

2. BACKGROUND

Pursuant to Public U�li�es Code § 8389(e), electrical corpora�ons must obtain approval of its Executive Compensation Structure as part of the electrical corporation’s’ requirements for receipt of a Safety Certification.

Energy Safety’s Electric Safety Policy Division is responsible for oversight of this process.

3. COMMITMENT

Proposer acknowledges and commits that Proposer will, if awarded contract, be in full compliance with all items noted in this RFP and the contract documents located in the Sample Standard Agreement atached hereto at Atachment B. Proposer is advised to read these provisions carefully prior to submi�ng a Proposal.

Contract terms, condi�ons, and/or requirements are not subject to nego�a�on.

If Proposer fails to meet any of the requirements or comply with Energy Safety requests, Energy Safety may reject, disqualify, or remove the firm from the process. Energy Safety is not commited to award an Agreement resul�ng from this RFP.

4. PROPOSER MINIMUM QUALIFICATIONS

Proposer and/or Proposer’s firm must be in good standing and currently hold any/all required licenses and permits to perform/conduct business in the State of California. If Proposer is a sole proprietorship, it must be registered with the city, county, or other local government en�ty in which the principal place of business is located.

The proposer’s firm must have at least three (3) years’ experience in managing teams/or programs that perform directly relevant such as designing execu�ve compensa�on frameworks for large organiza�ons that are opera�ng with safety excellence as a primary issue or managing a large, similarly complex project to successful comple�on. At least three (3) years’ experience regarding execu�ve compensa�on frameworks that include management incen�ves, performance measurement/goal se�ng, specialized performance measurement and incen�ve design/special awards for key employee popula�ons.

Proposer’s proposed team must include one (1) Project Manager and three (3) addi�onal key personnel who meet the minimum qualifica�ons as indicated Sec�on 2 and in Atachment 2, Minimum qualifica�ons Worksheet.

5. REASONABLE ACCOMMODATION

For persons needing a reasonable accommoda�on to par�cipate in the procurement process or for persons having ques�ons regarding reasonable accommoda�ons of the procurement process, you may contact the department contact iden�fied in the No�ce to Proposers (Cover Page).

Important: To ensure that Energy Safety can meet your need, Proposer shall submit the request for reasonable accommoda�on at least 10 State working days before the scheduled event, e.g., mee�ng, conference, workshop, etc., or deadline due date for proposal submital. The State shall not be obligated to meet the request if it is submited less than 10 working days prior to the scheduled event.

https://leginfo.legislature.ca.gov/faces/codes.xhtml

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6. PROPOSAL CONSIDERATIONS

By submi�ng a response, Proposer acknowledges that the Proposer understands the character, quality, and quan�ty of work insofar as this informa�on is reasonably ascertainable from inspec�on of the work site (if applicable) and specifica�ons as detailed in the Statement of Work. In addi�on, Proposer acknowledges that the mandatory pre-proposal conference (if applicable) and Q&A Period(s) offer Proposers �mely opportuni�es to seek Energy Safety’s clarifica�on prior to proposal submission.

Failure of Proposer to acquaint themself with available informa�on will not relieve the Proposer from responsibility for es�ma�ng properly the difficulty or cost of successfully performing the work.

6.1. Public Informa�on

Upon final proposal opening, all documents submited in response to this RFP will become the property of Energy Safety and will be regarded as public records under the California Public Records Act (Government Code sec�on 6250 et seq.) and subject to review by the public. Energy Safety cannot prevent the disclosure of public documents; however, the contents of all bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a Proposer’s proposal shall be held in the strictest confidence un�l the contract is awarded. Energy Safety will disregard any language purpor�ng to render all or por�ons of any proposal package confiden�al.

The proposal submitals may be returned to the Proposer only at the Proposer's expense unless such expense is waived by the State and only a�er the final proposal tabula�on has been released.

Upon cancella�on of the solicita�on, Energy Safety will offer to return the proposal at Proposer’s expense. A Proposer may request that Energy Safety destroy the proposal, rather than pay for its return.

6.2. Mandatory DVBE Par�cipa�on Requirement (NA for this RFP)

Pursuant to § 10115 et. seq. of the Public Contract Code (PCC), and § 999 et. seq. of the Military and Veterans Code (M&VC), Energy Safety has established an overall goal of not less than 3% par�cipa�on by DVBE for this RFP. Please reference Sec�on 4 for more informa�on about mee�ng this requirement.

6.3. Payment Withhold

The provisions for payment under an Agreement resul�ng from this RFP will be subject to a ten percent (10%) withholding per invoice pursuant to Public Contract Code §10346. The withheld payment amount will be included in the final payment to the Contractor and will only be released when all required work has been completed, to the sa�sfac�on of Energy Safety.

If Contractor made a commitment to DVBE par�cipa�on via subcontractors, the provisions for payment under this an Agreement resul�ng from this RFP is subject to a $10,000 withhold from the final payment, or the full final payment if less than $10,000, Reference Sec�on 4 for detailed DVBE repor�ng requirements.

6.4. Socio-Economic Preference/Incen�ve Programs (N/A for this RFP)

Energy Safety determined this RFP is exempt from the SB/DVBE par�cipa�on.

Refer to Sec�on 4 for more detailed informa�on, instruc�ons, and resources regarding the Disabled Veterans Business Enterprise (DVBE) Requirements and Incen�ve Program, the Small Business (SB) Preference Program, Non-SB (Non-SB) Subcontractor Preference Program, and the Target Area Contract Preference Act (TACPA).

Awarded Contractor who has par�cipated in the Non-Small Business Preference Program and/or the DVBE Requirement/Incen�ve Program by the use of subcontractors, shall, upon comple�on and final payment, cer�fy that payments have been made to the SB and/or DVBE subcontractor firm(s) listed in Atachment 4 - Bidder Declara�on, for services rendered and in accordance with Government Codes §

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14841 and Military and Veteran Code § 999.5 and § 999.7, and pursuant to the terms and condi�ons of the contract.

7. RULES AND CONDITIONS

7.1. Writen Ques�ons and Answers (Q&A)

Proposers needing clarifica�on of the requirements of this solicita�on, or on procedural maters regarding the compe��ve solicita�on process, may submit ques�ons to Energy Safety’s Department Contact (cover page). Refer to the Key Ac�on Dates for deadline requirements.

Oral communica�ons with Energy Safety officers and employees shall be non-binding on the State and shall in no way excuse the Proposer of any obliga�ons as set forth in this package. If Proposer’s have any ques�ons pertaining to this RFP, all communica�on should go through Energy Safety’s Department Contact. E-mails MUST be clearly marked: “Ques�ons Rela�ng to SOLICITATION 23-1051”

The ques�ons and answers will be published in an Addendum to the RFP.

If Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, Proposer shall immediately no�fy Energy Safety’s Department Contact of such error(s) in wri�ng and request clarifica�on or modifica�on of the document. Failure to no�fy Energy Safety prior to the Proposal Package due date, of an error known to the Proposer, or an error that reasonably should have been known, the Proposer will submit a proposal at their own risk, and if awarded the contract, will not be en�tled to addi�onal compensa�on or �me by reason of the error or its later correc�on.

7.2. Addenda

Energy Safety reserves the right to amend, alter, or change the rules and condi�ons of this RFP.

Any ambiguity, conflict, discrepancy, omission, or other error discovered in the RFP should immediately be reported to Energy Safety Department Contact prior to the deadline for submission of writen ques�ons. Energy Safety will issue addenda to address such issues. Addenda will be posted publicly at and made available on Cal eProcure htps://caleprocure.ca.gov/pages/index.aspx, CSCR, RFP Event Page

(EVENT ID# 0000030674).

7.3. Final Proposal Package Content

Energy Safety may reject any Proposal if it is condi�onal, incomplete, or contains irregulari�es. Energy Safety may waive an immaterial devia�on in a Proposal, if deemed in the best interest of Energy Safety.

Waiver of an immaterial devia�on shall in no way modify the RFP requirements or excuse the Contractor from full compliance with the Agreement requirements.

Proposer must submit the forms provided by Energy Safety (included in this RFP) or included by reference to downloadable form, as indicated on Atachment A, Required Proposal Package Checklist. Failure to submit any of the required documents may be deemed non-responsive, and the Proposal may be rejected. Introduc�on leters, expensive bindings, colored displays, promo�onal materials, etc., should not be included in the proposal submital and may cause the proposal to be rejected.

Addi�onal requirements, as applicable, are supplied by Proposer. See Sec�on 2, Proposer Submital Items and Descrip�ons, for detailed informa�on.

7.4. Proposal Package Submital Instruc�ons

Proposals must be received in proper �me. Packages received a�er the scheduled closing �me for receipt will be returned to Proposer unopened. Documents shall be submited in the same order as they appear on Atachment A, Required Proposal Package Checklist.

Proposal Packages shall be submited under sealed cover, must clearly state that it is in response to this RFP. Atachment 11, Cost Proposal Sheet shall be submited under separate sealed cover.

https://caleprocure.ca.gov/pages/index.aspx

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Proposal Packages shall be submited as directed below:

SINGLE PACKAGE CONTAINING:

1. One (1) unbound reproducible original Proposal Package marked “Original” containing all Atachments and Addi�onal Bid Requirements except Atachment 11, Cost Proposal Sheet.

2. One (1) Atachment 11, Cost Proposal Sheet UNDER SEPARATE SEAL MARKED “COST PROPOSAL

SHEET – DO NOT OPEN”.

3. One (1) Electronic copy (via USB flash drive) of Proposal Package in Adobe Acrobat format containing all Atachments and Addi�onal Bid Requirements except Atachment 11, Cost Proposal Sheet.

(Proposer is responsible for ensuring that the electronic copy is formated in Adobe Acrobat Reader and viewable by Energy Safety. For any discrepancy, the original Package is considered the master.)

Proposal Package delivered via postal mail or other courier services to the address noted in the RFP cover page must have the following iden�fier printed clearly on the package:

RFP-23-10351

EXECUTIVE COMPENSATION GUIDELINES DEVELOPMENT

Aten�on Mailroom: PROPOSAL - DO NOT OPEN

*In consideration of internal departmental mail distributions, Energy Safety recommends proposals submitted via postal mail be scheduled to arrive the day prior to the proposal submittal due date.

Proposal Packages delivered in person may be turned over to the Department Contact, Claudia Desmangles, in the Lobby of the California Natural Resources Agency (CNRA) building, located at 715 P Street, Sacramento CA 95814. A date and �me receipt will be provided. Proposal package must have the following iden�fier printed clearly on package:

RFP 23-10351

EXECUTIVE COMPENSATION GUIDELINES DEVELOPMENT

PROPOSAL - DO NOT OPEN

Failure to do so may result in a premature opening or failure to open such a proposal. Proposal Packages improperly marked may be disregarded.

7.5. Withdrawal and Modifica�on of Proposal Package

Proposal may be withdrawn prior to the proposal package due date provided that a request, in wri�ng and executed by Proposer or Proposer’s authorized representa�ve, is filed with Energy Safety’s department contact via electronic submission. Withdraw of a proposal shall not prejudice the right of a Proposer to file a new proposal.

7.6. Errors in Submitals

An error in a Proposal Package may be cause for rejec�on of that proposal. Energy Safety may make certain correc�ons, if Proposer’s intent is clearly established based on a review of the complete Proposal.

7.7. Rejec�on of Proposals

All proposals may be rejected whenever the determina�on is made that the proposals received are not compe��ve, when the cost is not reasonable, when the cost exceeds the amount expected, or when it is determined to be in the best interest of the State.

Addi�onally, a proposal may be rejected if:

• It is received a�er the due date and �me for submital.

• Any items or informa�on required by the RFP are not included with the submital.

• All published addenda are not acknowledged.

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• There are undisclosed, inaccurate, or incomplete disclosures of conflicts of interest.

Energy Safety reserves the right to reject a proposal as nonresponsive if the prices are materially unbalanced between line items or sub-line items, as applicable. A proposal is materially unbalanced when it is based on prices significantly less than the cost for some work and prices which are significantly overstated in rela�on to cost for other work, and if there is a reasonable doubt that the proposal costs will result in the lowest overall cost to the Energy Safety even though it may be the low evaluated proposal, or if it is so unbalanced as to be tantamount to allowing an advance payment.

No proposal may be rejected arbitrarily or without reasonable cause.

7.8. Evalua�on and Selec�on

Proposals that are determined to be responsive and meet the proposal submission requirements will have their technical proposal evaluated and scored in accordance with Proposal Scoring Criteria. Refer to Sec�on 3 for detailed informa�on on Evalua�on and Selec�on.

8. AWARD OF CONTRACT

An Award, if made, will be to the proposal that receives the highest score (Technical Score and Cost Points) a�er preferences and incen�ves are applied (as applicable). (See Sec�on 4, Socio-Economic Program Informa�on and Resources for preference and incen�ve informa�on).

8.1. No�ce of Intent to Award

Writen no�fica�on of the State’s intent to award will be posted publicly at: Cal eProcure (htps://caleprocure.ca.gov/pages/index.aspx), CSCR, IFB Event Page (EVENT ID# 0000030674).

Proposers have a right to protest the award. All protests of award must be made within the five (5) calendar days the No�ce of Intent to Award is posted.

8.2. Protests

Protests are limited to the grounds contained in the California Public Contract Code § 10345. Protests must be received by the Department of General Services (DGS) Office of Legal Services (OLS) as promptly as possible. The ini�al protest leter must include the RFP number, the name of the State Agency, and the department contact person. An Agreement shall not be awarded un�l either the protest has been withdrawn or the State has decided the mater.

A�er filing an ini�al protest, protestant must submit, within in five (5) calendar days, a detailed writen statement of the protest grounds. It is suggested that protest be submited both electronically and by cer�fied or registered mail to:

Department of General Services Office of Legal Services

Aten�on: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

A copy must be provided to Energy Safety at:

Office of Energy Infrastructure Safety ATTN: Tyler Morris, Chief

Administra�ve Services Division 715 P Street, 20th Floor Sacramento, CA 95814

Email: tyler.morris@energysafety.ca.gov mailto:tyler.morris@energysafety.ca.gov

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8.3. Tiebreaker

In the event of a �e between the highest scoring Proposers, a coin toss shall be conducted in the presence of witnesses. Proposers will be invited to witness the coin toss; in addi�on, state staff witnesses will also be present.

In the event of a precise �e between Proposers, the proposal of the SB, and the proposal of a DVBE that is also a SB, the award shall go to the DVBE that is also an SB. (Reference Chapter 3 and GC § 14838 (f) and 2 CCR § 1896.8(f)).

9. POST AWARD REQUIREMENTS

Awarded Contractor and the resul�ng contract will be subject to the provisions in this RFP and the Sample Standard Agreement (Atachment B).

Upon Award, Awarded Contractor shall submit and comply with the following, as applicable:

9.1. Contractor Cer�fica�on Clauses (CCC 04/1017)

Must be signed by individual authorized to bind Contractor.

9.2. Conflict of Interest, Statement of Economic Interest (Form 700)

Upon an executed Contract, the Contractor shall submit a signed Conflict of Interest, Statement of Economic Interest (Form 700) for himself, his employees and any subcontractors assigned to this effort.

The CDT Contract Administrator will provide this form. The Fair Poli�cal Prac�ces Commission requires this document, and further informa�on is available at the following address: htp://www.fppc.ca.gov.

These Form 700s must be filed with Energy Safety prior to any Agreement being executed pursuant to this RFP.

Awarded Contractor also has a con�nuing obliga�on to iden�fy and no�fy new project personnel, including subcontractors, employees, independent contractors, volunteers, and all others to fulfill this requirement, and these individuals must file their Form 700 with Energy Safety within ten (10) days of being added to the project. Project personnel must also file annually during the term of the Agreement and when leaving office upon comple�on of their work under this Agreement as stated in the Sample Standard Agreement, Exhibit D, Special Terms and Condi�ons, Sec�on 10.

9.3. Payee Data Record (STD204) (and STD205 if applicable)

A STD 204 must be completed and signed by an appropriate and authorized individual. If Contractor’s remitance address is different than the mailing address on the STD 204, complete and submit the Payee Data Record Supplement Form (STD 205).

9.4. Disabled Veterans Business Enterprise (DVBE) Declara�on (DGS PD 843) (if applicable)

Required for Contractors or Subcontractors who are an Office of Small Business and Disabled Veterans Business Enterprise Services (OSDS) Cer�fied DVBE. All disabled veteran owners and disabled veteran managers of the DVBEs must sign.

9.5. Security and Confiden�ality (if applicable)

Individual Security and Confiden�ality Statements are required for each consultant staff prior to performance of services.

9.6. Insurance

Awarded contractor shall furnish to the State, concurrently with Award of the Contract, evidence of the required insurance mee�ng the condi�ons set forth in Samples Standard Agreement (Atachment B), Exhibit D, Insurance Requirements.

http://www.fppc.ca.gov/

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10. VALIDITY OF CONTRACT

The Contract shall not be binding upon the State un�l it is executed by the Contractor and the State, and DGS/OLS approval have been obtained (as applicable). Contract documents required for the execu�on of the Contract consist of the document included herein as Sample Standard Agreement (STD213).

11. BACKGROUND CHECKS

Contractor agrees not to engage or con�nue to engage any persons for the purpose of fulfilling the requirements of this contract if (1) they have a convic�on or have pleaded nolo contendere to a crime, or have commited an act involving dishonesty, fraud, or deceit, if the crime or act is substan�ally related to the qualifica�ons, func�ons, or du�es of the posi�on, or (2) they have been convicted or arrested for a crime, and are free on bail or on their own recognizance pending trial or appeal, where the alleged or actual crime has a reasonable nexus to the informa�on or Data to which the contractor shall have access.

Upon award of a contract, all Contractor staff and Subcontractor consultants/staff (collec�vely referred to as staff) may be required to have a Live Scan background check performed. The State will serve as custodian of the Live Scan record, in accordance with Penal Code 11142, and will maintain the confiden�ality of all the Live Scan records. The State, as necessary, will provide staff with the form that they must complete and take to a Capital Live Scan facility to have the Live Scan background check performed. Passing results of the Live Scan background check must be received and validated by the State prior to staff beginning work on the Project. In the event that staff does not pass the Live Scan background check, the State will no�fy the Offeror and may request a replacement staff.

Contractor will be responsible for all fees associated with the Live Scan background check. Contractor must make payment to Capital Live Scan at the �me the Live Scan background check is conducted.

12. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Execu�ve Order N-6-22 (the EO) regarding Economic Sanc�ons against Russia and Russian en��es and individuals. “Economic Sanc�ons” refers to sanc�ons imposed by the U.S. government in response to Russia’s ac�ons in Ukraine, as well as any sanc�ons imposed under state law. By submi�ng a bid or proposal, Contractor represents that it is not a target of Economic Sanc�ons. Should the State determine Contractor is a target of Economic Sanc�ons or is conduc�ng prohibited transac�ons with sanc�oned individuals or en��es, that shall be grounds for rejec�on of the Contractor’s bid/proposal any �me prior to contract execu�on, or, if determined a�er contract execu�on, shall be grounds for termina�on by the State.

13. CONFLICT OF INTEREST

No public official at any level of state or local government will make, par�cipate in making or in any way atempt to use his official posi�on to influence a governmental decision in which he knows or has reason to know he or she has a financial interest. Contractors that provide recommenda�ons and advice that may influence decision-making are required to comply with the disclosure requirements of the conflict-of-interest laws promulgated under the Poli�cal Reform Act. Refer to Sample Standard Agreement, Exhibit D, Sec�on 10, Conflict of Interest.

Proposer/Proposer’s firm shall disclose, in their response to this RFP, poten�al conflicts of interest as instructed in Atachment 1, Proposer Cer�fica�on.

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SECTION 2 – PROPOSAL SUBMITTAL ITEMS AND DESCRIPTIONS

1. PART 1 – PROPOSAL REQUIREMENTS (ADMINISTRATIVE)

Proposer must submit the following Administra�ve Requirements which are scored as Pass/Fail. The forms and/or documents, as indicated, are provided in this RFP, are available by reference via downloadable document, or are documents that must be supplied by the Proposer. Refer to Atachment A.

Atachment 1 – Proposal Cer�fica�on

An individual authorized to bind the company contractually must sign the cer�fica�on to acknowledge that the company agrees to all the terms and condi�ons outlined in this RFP. By signing Atachment 1, Proposer cer�fies compliance with Energy Safety’s Conflict of Interest repor�ng requirements, as discussed in the Conflict-of-Interest sec�on of this RFP.

Poten�al conflicts of interest will be evaluated as part of the Proposal selec�on process. If a conflict of interest exists for either Proposer or any proposed individuals or subcontractors, the Proposer may be deemed nonresponsible and will be ineligible for Award.

Atachment 2 - Minimum Qualifica�ons Worksheet

Proposer must complete and submit Atachment 2 to demonstrate how Proposer and each member of Proposer’s team meets the Minimum Qualifica�ons as indicated. Resume must be atached for each resource/personnel.

Atachment 3 – Company Customer Reference Survey

Proposer must submit exactly three (3) completed Customer Reference Survey Form(s). References must be for work performed within the last five (5) years that conform to the below descrip�ons:

1. Project/Services must be similar in size and scope as detailed in Atachment B, Sample Standard Agreement, Exhibit A, Statement of Work.

2. At least one (1) Reference must be from a project/service performed in an amount of at least $500,000.00.

The customer reference email address must match and indicate the organiza�onal en�ty's name. (e.g., If the organiza�onal en�ty is California Department of Motor Vehicles, the reference email must include @dmv.ca.gov, not @gmail.com).

In the event the individual used for the customer reference has le� the employment of the organiza�onal en�ty at the �me of valida�on, a person in a posi�on to verify the en�ty's employees may verify the individual's past employment with that en�ty.

Energy Safety will validate customer references by any means necessary or appropriate, including email and telephone. Proposers are responsible for maintaining contact with their referencing customers to ensure their prompt responses to Energy Safety’s valida�on inquiries.

Customer Reference Survey ques�ons must receive a ra�ng “Sa�sfactory” to be considered responsive.

Atachment 4 – Bidder Declara�on (GSPD 05-106)

Complete the Bidder Declara�on GSPD-05-105 to iden�fy all subcontractors proposed for par�cipa�on in the contract, their SB and/or DVBE Cer�fica�on number (if applicable), a descrip�on of the services they will provide, and the % of net bid price they will perform. The Proposer awarded the contract is contractually obligated to use the subcontractors for the corresponding work iden�fied, unless Energy Safety agrees to a subs�tu�on, and it is incorporated by amendment to the contract. If no subcontractors are being u�lized, please indicate none on the form.

NOTE: All proposed subcontractors MUST be listed on the Bidder Declara�on.

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Atachment 5 – Commercially Useful Func�on (CUF) Cer�fica�on Form (if applicable)

All cer�fied Small Business, Micro Business, and/or DVBE prime contractors, subcontractors or suppliers must meet the commercially useful func�on requirements under Government Code, Sec�on § 14837 (d)(4) (for SB) and Military and Veterans Code, Sec�on § 999(b)(5)(B) (for DVBE).

Cer�fied SB or DVBE Contractors/Subcontractors, in accordance with AB 669 (Chapter 623, Statutes of 2003), address specific aspects of the legisla�on that requires them to perform a CUF as defined by Government Code Sec�ons 14837, 14838.6, 14839, 14842, and 14842.5.

NOTE: If Bidder is not a SB and/or DVBE, or is not using SB/DVBE Subcontractors, complete and sign Atachment with “Not Applicable”.

Atachment 6 – Disabled Veterans Business Enterprise (DVBE) Declara�ons DGS PD 843 (as applicable)

If Proposer is a DVBE or has made a commitment to subcontract a por�on of the work to cer�fied DVBE subcontractors, complete and submit the DGS PD 843.

Atachment 7 – GenAI Disclosure & Factsheet (STD1000)

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

Proposers must no�fy the State in wri�ng if their solu�on or service includes, or makes available, any GenAI technology, including GenAI from third par�es or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet (Atachment 7) will result in disqualifica�on of the Proposer and may void any resul�ng contract. The State reserves its right to seek any and all relief it may be en�tled to as a result of such non-disclosure.

Upon receipt of a Proposer GenAI Disclosure & Factsheet the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject proposals that present an unacceptable level of risk to the state.

Atachment 8 – Darfur Contrac�ng Act

Complete and submit the Darfur Contrac�ng Act form if its company currently or within the previous three (3) years has had business ac�vi�es or other opera�ons outside of the United States.

PCC § 10475 through § 10481 apply to any company that currently or within the previous three (3) years has had business ac�vi�es or other opera�ons 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 cer�fy that it is either: a) not a scru�nized company; or b), a scru�nized company that has been granted permission by the DGS to submit a proposal.

A scru�nized company is a company doing business in Sudan, as defined in PCC § 10476. Scru�nized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (PCC § 10477(a)), unless writen permission from the Director of DGS to bid on this procurement has been granted (PCC § 10477(b)).

NOTE: If NA, check the box to indicate not applicable, and return form.

Atachment 9 – California Civil Rights Laws Atachment

Pursuant to PCC § 2010, any Proposer entering into or renewing a contract over one hundred thousand dollars ($100,000) on or a�er January 1, 2017, must cer�fy to all the following:

1. That it is in compliance with the Unruh Civil Rights Act (Sec�on 51 of the Civil Code).

2. That it is in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with sec�on 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

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Failure to submit this completed form with the Proposal will result in the proposal being considered non-responsive.

Atachment 10 – Iran Contrac�ng Act Verifica�on Form (NA for this RFP)

Pursuant to the Iran Contrac�ng Act of 2010 (PCC sec�ons 2200 through 2208,“the Act”), a Person, as defined in the Act, is 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 Person engages in investment ac�vi�es in Iran, as defined in the Act. Prior to submi�ng a bid or proposal and prior to execu�ng any state contract or renewal for goods or services of one million dollars ($1,000,000) or more, a Person must complete and return the atached IRAN Contract Act Cer�fica�on form with its proposal cer�fying that it is not on the list of ineligible vendors prohibited from doing business with the State of California.

2. PART 2 – PROPOSAL REQUIREMENTS (TECHNICAL)

Technical Requirements are supplied by Proposer to demonstrate the responsibility of Proposer. The Technical Requirements submission will be evaluated and scored based on its content, quality, and demonstrated abili�es of Proposer to meet the requirements of this RFP.

To be considered responsive, Technical Requirements must contain the following and presented in the order below:

A. Cover Leter / Leter of Commitment

The cover leter must be on company leterhead, not be more than two (2) pages, Arial size 11-point font (or similar), and include the following paragraph, signed by the individual(s) who is/are authorized to bind the Proposer contractually.

“The enclosed proposal is submitted in response to the above referenced Request for Proposal 23-10351, including any addenda. Through submission of this proposal, we agree to all the terms and conditions of the Request for Proposal and agree that any inconsistent provisions in our proposal may result in a lower score, up to and including disqualification. We have carefully read and examined the Request for Proposal and have conducted such other investigations as were prudent and reasonable in preparing the proposal. We agree to be bound by statements and representations in our proposal.”

The leter shall include the following informa�on:

1. The proposed Lead Contact/Project Manager

2. The name, �tle, and signature of a company official authorized

3. Name, email, and phone number of the Proposer’s contact for Energy Safety inquiries related to the proposal.

B. Table of Contents

C. Abstract/Summary

The Abstract/Summary shall be no longer than one (1) page. Include a brief descrip�on of the proposed project briefly summarizing the main point of the various sec�ons of the proposal, including the features and benefits of the proposal.

D. Proposer’s Organiza�onal Structure

Narra�ve descrip�on of how Proposer plans to organize the resources necessary to complete the service deliverables. The content should demonstrate Proposer’s ability to provide the services set forth in this RFP. Include an organiza�onal chart showing the hierarchy of the proposed Project Manager and proposed personnel resources and other key personnel of the proposer’s organiza�on and all other proposed par�es (subcontractors) to the proposal. All subcontractors must be listed on

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Atachment 3, Bidder Declara�on Form (GSPD 05-105). All subcontracts must be approved by Energy Safety, and no work shall be subcontracted without the prior writen approval of the State.

E. Minimum Qualifica�ons – Value Added

Proposer may provide a narra�ve descrip�on of how Proposer/Proposer’s Team exceeds the minimum qualifica�ons and offers value-added qualifica�ons.

Proposer/Proposer Firm Qualifica�ons – Value Added:

Proposers may demonstrate addi�onal years of value-added experience and exper�se of qualifying experience including, but not limited to, the following areas:

1. Proposer’s experience in conduc�ng similar or related work described in the Statement of Work.

2. How skills developed in previous related work will be applied to this project.

3. How previous experience will be applied to the development of this project.

Proposer Personnel/Resources Qualifica�ons – Value Added

Proposers may demonstrate an individual or team members’ addi�onal years of value-added experience and exper�se of qualifying experience.

Writen documenta�on of how each individual or team members’ addi�onal years of experience offer value added qualifica�ons and include copies of such cer�fica�ons and/or licenses as may be applicable.

Included statements may include, but are not limited to:

1. Directly relevant experience such as designing execu�ve compensa�on frameworks for large organiza�ons that are opera�ng with safety excellence as a primary issue.

2. Understanding of electric corpora�on’s execu�ve compensa�on assessments.

3. Experience with and knowledge of execu�ve compensa�on frameworks, including management incen�ves, performance measurement/goal se�ng, specialized performance measurement and incen�ve design/special awards for key employee popula�ons data management and machine learning techniques as it applied to modeling.

4. Experience with electric company safety issues.

5. Experience in working to structure execu�ve compensa�on framework guidance in compliance with established code and/or regula�ons.

6. Previous successful collabora�on experience with government agencies and organiza�ons consistent with the goals of this RFP.

7. Successful experience with or adequate knowledge of, implemen�ng work plans consistent with the goals of this RFP.

8. Experience effec�vely managing the administra�on, resources, rela�onships, and deliverables consistent with this RFP.

F. Technical Narra�ve Response

Narra�ve response iden�fying what ac�vi�es will be undertaken to deliver the services and provide the task/deliverables as iden�fied in Exhibit A, Statement of Work. The technical approach and work plan are considered the heart of the proposal and will receive a high level of scru�ny. This part of the Proposal will be evaluated to ensure all tasks and deliverables listed in the Statement of Work are included and responsive. The technical por�on of the Proposal must include a writen response to all Technical Narra�ve Response scoring elements listed in the Scoring Criteria listed in Sec�on 3 and must include the following:

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1. Methodology (Approach to Work)

Include a point-by-point response and methodology to all tasks/deliverables with an overview of intended deliverable and outcomes. The descrip�on shall include not only what work will be performed, but how it will be performed. Iden�fy specific techniques and methodologies that will be used, outline and descrip�on of any proposed tools that are not contractor proprietarily owned, and specific administra�ve and opera�onal management exper�se that will be employed to accomplish the tasks listed in this RFP under Atachment B, Sample Standard Agreement. The methodology shall be described in sufficient detail to allow Energy Safety staff to evaluate the methods and shall address all tasks and deliverables set forth in the Statement of Work.

2. Work Plan and Schedule Develop a Work Plan and Schedule for the es�mated contract term (24 months).

The Plan shall iden�fy each major task, necessary subtasks, and milestones by which progress can be measured. The Plan shall specify the es�mated hours to accomplish each task and provide the responsible party for performing the task, and an�cipated dates of comple�on.

3. Repor�ng Sample

Sample report from a previous agreement completed by Proposer that demonstrates Proposer’s wri�ng ability in analyzing and displaying data and overall quality of work.

3. PART 3 – COST PROPOSAL REQUIREMENTS

A. Atachment 11 – Cost Proposal Sheet

The cost breakdown (Cost Proposal) shall be included and submited under separate seal. Using Atachment 11, Cost Proposal Sheet, proposed resource name, �tle, role, and hourly rate. For all costs, Proposer must include all items such as labor, personnel, subcontractors, travel, mee�ngs, materials, reports, and tax, if applicable, as necessary to perform and complete the tasks as outline in the Statement of Work.

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SECTION 3 - EVALUATION CRITERIA AND SELECTION

1. EVALUATION OF PROPOSALS

1.1. Administra�ve Evalua�on (Phase 1) (Pass/Fail)

Energy Safety will perform administra�ve evalua�on in accordance with the RFP requirements to check for the presence and/or absence of required informa�on in conformance with the submission requirements. Each proposal will be checked to ensure that the Proposer meets the minimum qualifica�ons in conformance with the submission requirements. During the evalua�on period, if an item is unclear, or needs further clarifica�on, Proposers may be requested to provide addi�onal documenta�on.

During review, if any of the required documents are missing, incomplete, or if any required documents have been modified or contain altera�ons, the Energy Safety may reject the proposal submital as non-responsive. Energy Safety reserves the right to ask clarifying ques�ons during evalua�on; however, the answers cannot change or alter the proposal submital. Should a discrepancy exist between the answer provided and the proposal submital, the proposal submital will be considered correct.

Proposals that contain false or misleading statements, or which provide references which do not support an atribute or condi�on claimed by the proposer, shall be rejected.

Proposals passing Phase 1 will be forwarded to the Evalua�on Panel to evaluate and score the technical requirements.

1.2. Technical Evalua�on (Phase 2) (Scored)

Energy Safety will appoint an Evalua�on Panel to evaluate and score each proposal in accordance with the Scoring Criterion Guidelines as shown below.

The Evalua�on Panel will individually and/or as a team review, evaluate, and numerically score all Proposals passing the Phase 1 Evalua�on u�lizing the scoring system below to assign points. Following this chart is a list of the considera�ons that the evalua�on team may take into account when assigning individual points to a technical Proposal.

During the evalua�on and selec�on process, the Evalua�on Panel may schedule a clarifica�on interview with a Proposer that will either be held by telephone or in person for the purpose of clarifica�on and verifica�on of informa�on provided in the proposal. However, these interviews may not be used to change or add to the contents of the original Proposal.

1.3. Minimum Qualifica�ons – Value Added (Phase 2) (Scored)

Energy Safety will award points from a possible point range for experience and qualifica�ons that exceed the minimum qualifica�ons as stated on Atachments 2, Minimum Qualifica�ons Worksheet.

1.4. Cost Proposal (Cost Points)

Proposers may achieve a maximum of 210 Cost Points (maximum technical points available). 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:

Formula: Lowest Average Hourly Rate x Max. Technical Points Available = Cost Points

Next Lowest Hourly Rate

EXAMPLE CALCULATION:

Total Points Available from Consensus Scoring 210

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Respondent Average of

Hourly Rate

Lowest Average Hourly Rate

Next Lowest Average Hourly Rate

X Total Possible Technical Points = Cost Points

A $200 200/200 x 210 = 210 B $250 200/250 x 210 = 168

Preferences will be applied as required to eligible proposals. Please see Sec�on 4, Socio-Economic and Preference Programs.

2. SCORING CRITERION GUIDELINES

The evalua�on panel will abide by the following Scoring Criterion Guidelines for the Technical Evalua�on Scoring Criteria:

SCORING CRITERION FOR TECHNICAL EVALUTION*

% of Possible Points

Interpretation Explanation for Percentage Points

0% Inadequate Response does not include or fails to address the requirements being scored. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

1%-30% Barely Adequate

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.

31%-80% Good

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

81%-100% Excellent or Outstanding

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

*Scoring Criteria for Minimum Qualifica�ons – Value Added is included in the Evalua�on Criteria chart below.

In assigning points for individual ra�ng factors, evaluators may consider issues including, but not limited to, the extent to which a proposal response:

1. Is lacking informa�on, lacking depth or breadth or lacking significant facts and/or details, and/or;

2. Is fully developed, comprehensive and has few if any weaknesses, defects or deficiencies, and/or;

3. Demonstrates that the Proposer understands Energy Safety’s need's, the services sought, and/or the

Contractor's responsibili�es, and/or;

4. Illustrates the Proposer's capability to perform all services and meet all scope of work requirements, and/or;

5. If implemented, will contribute to the achievement of Energy Safety’s goals and objec�ves, and/or;

6. Demonstrates the Proposer's capacity, capability and/or commitment to exceed regular service needs

(i.e., enhanced features, approaches, or methods; crea�ve or innova�ve business solu�ons).

3. EVALUATION CRITERIA

The Evalua�on Criteria listed below specifies the total number of points available for each requirement. Using the Scoring Criterion Guidelines, the evalua�on panel will determine the percentage of points to be awarded to each requirement and mul�ply that percentage by the total number of points available for that requirement to determine the score.

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Proposer and Proposer’s proposed project team will be evaluated and scored during the Technical Evalua�on on how well they exceed the minimum qualifica�ons and offer value-added capabili�es.

The total score for each…