RFP-24-001_NA_IP_revised_12.04.24.pdf

CALIFORNIA ARTS COUNCIL

RFP-24-001 revised 12/04/2024

REQUEST FOR PROPOSAL - Secondary

Release date: November 21, 2024 Notice to Prospective Proposers: Single Award

Consultant - California Native American and Indigenous Artists Grant Program Design and Guidelines

RFP# RFP-24-001

The California Arts Council (CAC) invites California Independent Contractors, Individuals, Sole Proprietors, California Certified Small Business (SB) and Disabled Veteran Business Enterprise (DVBE), 501(c)(3) organizations registered in California and private for-profit organizations based in California to respond to this Request for Proposal (RFP) pursuant to Public Contract Code sections 10340 to 10345 (see State Contract Manual, Volume 1, Section 5.25). In submitting your proposal, you must comply with the instructions listed in this RFP document.

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. 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) and may be viewed and downloaded at the following website: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

In the opinion of the CAC, this RFP is complete and without need of explanation. If potential bidders have additional questions regarding intent, expectations, or other topics pertaining to this RFP, please send them to Carla.Pareja@arts.ca.gov in accordance with the timeline below. 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. The answers to all the questions received by the due date will be posted on https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx.

Issuance of this RFP in no way constitutes a commitment by the State of California to award a contract. The State reserves the right to reject any part of, or the entire proposal received if the State determined that it is in the State’s best interest to do so.

The State may reject any proposal that is conditional or incomplete.

IMPORTANT NOTE TO BIDDERS: CAC highly encourages all bidders to check the posting daily due to changes or updates that may happen at any time. Please go to:

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

Contact Information for RFP # RFP-24-001 Name: Carla Pareja Title: Procurement Analyst Email: Carla.Pareja@arts.ca.gov https://www.dgs.ca.gov/ORIM https://www.dgs.ca.gov/ORIM https://view.publitas.com/ca-arts-council/2019-ca-native-artists-community-led-meeting/page/1 https://arts.ca.gov/about/racial-equity-statement/ https://arts.ca.gov/about/racial-equity-statement/ https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS https://www.sos.ca.gov/business-programs/business-entities/ mailto:Carla.Pareja@arts.ca.gov

Request For Proposals – Consultant – Native American and Indigenous Artists Grant Program Design

TABLE OF CONTENTS

I PROJECT OVERVIEW

II STATEMENT OF WORK

A. Specific Activities B. Deliverables C. Contract Budget D. Professional Qualifications

III PROPOSAL REQUIREMENTS

A. Project Narrative B. Team Description and Roles C. Work Examples D. Detailed Timeline E. Cost Proposal Worksheet F. References

IV Key Action Dates V Questions and Answers VI Optional Business Requirement VII Mandatory Business Requirements VIII RFP Submission Instructions IX RFP Evaluation Plan

A. Phase One – Administrative Criteria B. Phase Two – Technical Criteria C. Phase Three – Cost Criteria D. Phase Four - Interview E. Preferences and Incentive Points F. Sample Final Proposal Tabulation G. Key Definitions: Responsive/Responsible Bidder H. Tie Breaker I. Adherence and Compliance

X Preference and Incentive Programs A. Small Business Preference Program B. DVBE Participation C. DVBE Participation Table D. DVBE Participation Commitment

1. Method A – DGS Certified DVBE Bidder.

2. Method B – Non-DVBE Bidder.

E. About Commercially Useful Function F. DVBE Substitution (Post Award) G. Certification of Payment Options

XI Protest Provisions XII Disposition of Proposals XIII Award XIV Travel XV Post Contract Evaluation for non-IT Consulting Services XVI Budget Detail & Payment Provisions

XVII General Terms and Conditions GTC 04/2017 XVIII Special Terms and Conditions XIX Required Attachments

Attachment 1: Required Attachments and Documents Checklist Attachment 2: Bidder Certification Sheet Attachment 3: Bidder Declaration GSPD-05-105 Attachment 4: Small Business Preference Program Statement Attachment 5: DVBE Participation Incentive Form Attachment 6: Confidentiality Statement Attachment 7: Commercially Useful Function (CUF) Certification Attachment 8: Cost Proposal Worksheet Attachment 9: Darfur Contracting Act Attachment 10: Workers’ Compensation Certification (if applicable) Attachment 11: Individual & Sole Proprietor (if applicable) Attachment 12: Payee Data Records STD 204 Attachment 13: Contractor Certification Clauses CCC 04/2017 Attachment 14: GEN AI Disclosure STD 1000 Attachment 15: DGS PD 843 DVBE Declaration (if applicable) Attachment 16: Confirmation Letter Form DVBE Subcontractor (if applicable) Attachment 17: Evaluation Plan and Scoring Rubric Attachment 18: Prime Contractor’s Certification DVBE Subcontractor Report

STD 817 (if applicable and upon completion of contract) Attachment 19: Standard Agreement STD 213 (example only)

I. PROJECT OVERVIEW

The CAC believes that uplifting and prioritizing the voices and needs of Native American artists will strengthen California’s arts and culture sector and improve the lives of all Californians. In partnership with the Governor’s Office of the Tribal Advisor, the CAC convened a group of Native American artists based in California to discuss the challenges, needs, and opportunities for Native American artists and communities. The initial focus of this convening was to plan a larger state-wide convening to be held at a later date. However, the day’s conversation highlighted several needs the CAC might address through a dedicated grant program, and the agency was able to outline an opportunity for Native American artists as part of its 2024/25 grant strategy approved by the Council1.

To help the CAC and the State prioritize the needs of Native American artists across California, the CAC seeks to contract with a qualified consultant to design a process and co-create a grant program to support Native American artists. The goal of the program will be to address and mitigate disparities of funding and increase the visibility of Native American artists. The CAC is committed to following through on its promise to create opportunities for Native American artists. The engagement of this consultant contractor is an initial step in following through on this promise.

Important Notes on Language We are making every effort to stay up to date with best use of language and definitions when working with and building relationships with California’s Native American artists and communities. Previous reports and documentation that the CAC has released used different terms and verbiage that were in accepted use at the time, but we would not choose to use now. We will always respect any individual or communities’ preference to be acknowledged differently and/or specifically by their unique Tribal affiliation.

For the purposes of this RFP and as we continue to learn and grow our knowledge about best practices, and at the direction of the Governor’s Office of Tribal affairs, we are using the term California Native American Tribes throughout

– as this includes both federally and non-federally recognized tribes. The term California Tribal Nations or Tribal Nations only refers to federally recognized tribes. After the completion of the work of the consultant contractor hired to complete this work, the subsequent grant will be open to applicants from California Native American Tribes – all federal and non-federally recognized tribes.

1 The Council is the oversight body that defines policy and programming priorities for the implementation of state funding and other resources for arts and culture across the state. Members are appointed by the Governor and Legislative representatives and serve for two to five years. The Agency refers to the organization and sta@ that implement Council policy through program management, outreach, capacity and field building, partnerships and other activities.

mailto:https://view.publitas.com/ca-arts-council/2019-ca-native-artists-community-led-meeting/page/1

We also want to acknowledge that the term "stakeholder(s)" is a term that may have a negative and colonial connotation to Native American communities. While it is used widely in present day communications to refer to those who have an interest, investment, or community affiliation with an initiative, the term originates from the allotments of land that settlers were given. Actual stakes used to claim their plot of land prior to any treaty or land negotiations with Native American Tribes. We are making a shift to using an alternative term: Interested and Affected Parties (IAPs) as part of our commitment to honor and respect California’s Native American communities. These shifts in language are part of our ongoing efforts to reduce harm, make amends, and do better.

II. STATEMENT OF WORK

Develop and facilitate a participatory community-centered process to design a new grant program and accompanying grant guidelines in support of California Native American artists. This work should be guided by CAC’s racial equity statement principles.

A. Specific activities include but are not limited to:

• Planning and facilitation of in-person kick-off meeting with CAC staff, including CAC executive leadership, CAC project team, CAC support staff, and representative CAC Council members.

• Creation of a workplan outlining all activities and timeline for completion.

• Outreach, engagement, and facilitation of Advisory Committee, including re-engagement of 2019 convening participants, additional artists, and other interested and affected parties beyond 2019 convening participants.

• Design and implement plan for gathering individual and community perspectives, stories, and other relevant information about needs and opportunities, including but not limited to:

o Listening sessions (either on-site, online or hybrid).

o Possible community survey.

o Other methods as proposed that adhere to data equity principles.

• Research other funding sources or partnerships to support this type of program.

• Prepare memorandum report and presentation synthesizing learnings from activities and making recommendations for design and implementation of Native American artists grant program.

• Draft grant program guidelines in collaboration with CAC staff, CAC Advisory Committee and CAC Council Program Policy Committee members.

• Participate in regular check-ins with CAC staff liaison.

• Participate in monthly calls with CAC project team.

• Attend Council meetings as requested to present updates and final recommendations (up to two meetings; may attend remotely).

• Other activities deemed critical and necessary to meet the deliverables of this RFP.

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

B. Deliverables include:

• Agendas and notes for meetings (e.g., kick-off meeting, Advisory

Committee meetings, check-in meetings).

• Information gathering tools (e.g., listening discussion guides, survey protocols, other).

• Executive Report summarizing the work, findings/results and recommendations.

• PowerPoint (PPT) presentation summary.

• Draft program guidelines, including but not limited to:

o Purpose and Background o Eligibility o Grant amounts (max amount) o Description of responsibilities for grantee and CAC (to include outreach and engagement recommendations and/or questions) o Review process o Grant timeline o Other sections TBD

• The program guidelines will be finalized, implemented, and managed by CAC staff.

C. Contract Budget:

Budget not to exceed $50,000 (all inclusive). Refer to Attachment 8 - Cost Proposal Worksheet for complete details.

D. Professional Qualifications:

CAC is seeking to engage either an individual or institution/organization in this work. Qualified applicant partners will have:

• At least two years of experience working directly and in partnership with

Native American Tribes in California as well as Native American Artists (see proposal requirements for providing examples);

• Experience working with government institutions and knowledge and/or experience in the field of philanthropy, grantmaking, and grant program development;

• Experience designing and facilitating participatory community engagement design practices;

• Experience designing, collecting, and synthesizing information from diverse communities (e.g., participatory research practice);

• Knowledge of data equity principles or equity practice in relation to community outreach and engagement; and,

• Ability to travel to Sacramento and other locations for in-person meetings.

The Contractor will be reimbursed at the current State rate for all excluded and represented employees. Refer to https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

III. PROPOSAL REQUIREMENTS

Proposal must not exceed a total of ten (10) pages in PDF, excluding the Cost Proposal Worksheet (in Excel). All interested contractors must submit the following:

A. Project Narrative:

Describe the overall approach to the work and values that will guide this approach. Provide a thorough description of proposed activities including discussion of potential challenges you anticipate encountering in completing this work and how you will overcome them; strategies to engage California’s Native American artists and communities in a meaningful and participatory manner; outreach strategies including names of existing partnerships and collaborations to support your proposed outreach, and any new proposed partnerships; and, data, resources, and examples from other organizations and institutions to support your proposed recommendations for plan and implementation.

B. Team Description and Roles:

Describe and/or identify the individual(s) key personnel who will be leading this project with specific examples of their experience working with California Native American artists and communities; include brief biographies and a description of their specific role and their job/project title. (Key personnel are defined as those people in conjunction with the Project Manager who will exercise major management and/or administrative role on behalf of the proposer. Key personnel also include individuals who are responsible for completing or assisting with the completion of the deliverables described in the Section II: Statement of Work. See above.)

C. Work Examples:

Please describe at least two examples or summary case studies of work that represents your experience.

1. Working with Native American communities;

2. Working with State government entities; and,

3. Community engagement strategies.

D. Detailed Timeline:

Prepare a more detailed outline for completing the project (e.g., Gantt chart or other project timeline tools). Note milestones to align with 2025 Council meetings depending on final Council schedule in order to present and approve program guidelines.

E. Cost Proposal Worksheet: Provide a financial breakdown of your proposal by using the attached Cost Proposal Worksheet provided (in Excel) to accomplish the scope of work and program approach. Provide hourly rate(s) for all assigned team members.

F. References: Please provide at least two references who can speak to your experience working with Native American tribes, Native American artists, and communities and state entities. Please provide the company name, contact person, email address and telephone number.

IV. KEY ACTION DATES2

Action Deadline

Request for Proposal Release November 21, 2024 by 5:00 PM PST Optional Webinar to Review RFP (recording will be posted on CaleProcure)

December 3, 2024 at 11:00am PST

Written Questions Due December 6, 2024 by 5:00 PM PST Questions and Answers Posted December 12, 2024 by 5:00 PM PST Bid Package Submission Due December 30, 2024 by 5:00 PM PST Interview Period3 January 13 – 15, 2025 Notice of Intent to Award January 16, 2025 by 5:00 PM PST Protest Period January 17 – 23, 2025 by 5:00 PM PST Contract Awarded January 31, 2024 Contract Work Begins February 15, 2025 (approximate) Project work timeline (approximate) February 15 – August 15, 2025

2 Key Action Dates may change. Changes will be announced via an addendum and will be posted in https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx.

3 Interviews, if conducted, will be scored and will be conducted at the sole discretion of CAC. Bidders should be available during the designated dates/time to participate. More details about the interview will be released to the top three respondents.

https://www.dgs.ca.gov/-/media/78E8DA88485C43A28780D9D34A64C1CA.ashxh

V. QUESTIONS AND ANSWERS

• Questions about this RFP must be submitted directly to CAC’s Procurement

Analyst, Carla.Pareja@arts.ca.gov, and must be received by the date and time listed in KEY ACTION DATES. Please include an appropriate subject line. For example, RFP No.: RFP-24-001 Questions.

• Interested parties can obtain a complete set of questions and answers as an addendum to this RFP at https://caleprocure.ca.gov/pages/index.aspx when published.

• Bidders are highly encouraged to submit questions and review the responses to all the questions.

• No questions will be answered directly via email or by phone.

VI. OPTIONAL BUSINESS REQUIREMENT

CAC strongly encourage individuals, sole proprietors and/or independent contractors who are interested in submitting a Bid Package for RFP-24-001 to certify as a California Small Business (SB) or SB-Micro and/or Disabled Veteran Business Enterprise (DVBE). Please visit the following website for more details on certification requirements:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/OSDS/OSDS?search=small%20business

VII. MANDATORY BUSINESS REQUIREMENTS

• The Bidder must be based in the State of California and have a physical presence in the State.

• To the extent the vendor is doing business in the State of California, the

Bidder warrants that it is currently qualified to do business in this State.

“Doing Business” in the State of California is defined as “actively engaging in any transaction for the purpose of financial or pecuniary gain or profit” (Revenue and Taxation Code Section 23101). Civil and criminal penalties may apply under California law to a corporation that conducts business in California and persons who conduct business on behalf of a corporation if the corporation is not authorized to conduct business in California.

• The Bidder must be qualified to do business in California during the RFP process, contract award date and throughout the terms of the Agreement.

• A proposer’s applicable business type (e.g., LLC) must be registered with the State of California, Secretary of State, if required by law. You may view the lists and status at https://www.sos.ca.gov/business-programs/business-entities/.

• Business license and/or certifications, if applicable.

• State agencies are required to verify respondents do not have a negative evaluation on file with Department of General Services Office of Legal Services. Refer to PCC section 10371 and SCM Volume 1, Section 3.02.3.

http://www.arts.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=small%20business https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=small%20business mailto:Carla.Pareja@cac.ca.gov

• For nonprofit organization bidders with a 501(c)(3) designation, proof of nonprofit status (i.e. IRS determination letter) is required. You may view your organization’s status at https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations.

• Prohibition on Tax Delinquency: Any Agreement that a State Agency enters into after July 1, 2012, is void if the contract is between a State Agency and a Contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. In accordance with Public Contract Code Section 10295.4, agencies are required to reject offers and/or cancel Agreements with entities that appear on either list. Refer to the following:

o Franchise Tax Board: https://www.ftb.ca.gov/about-ftb/newsroom/top- 500-past-due-balances/index.html o Department of Tax and Fee Administration:

https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

• Minimum Insurance Coverage required by the State of California o Commercial General Liability

Proof of current insurance certificates for Commercial General Liability with limits of liability of $1,000,000 and $2,000,000 aggregate for bodily injury and property damage liability , Automobile Liability (Required if contractor has commercially owned vehicles that will be used to provide services during the life of this Agreement), Worker’' Compensation with liability limits of $1,000,000 and Professional Liability with limit of $1,000,000 per occurrence and $2,000,000 aggregate covering any damages caused by a negligent error, act, or omission. Certificate of insurance is required with your bid package.

o Automobile Liability If contractor will not have any commercially owned vehicles used during the life of this Agreement, by signing this Agreement, the Contractor certifies that the Contractor and any employees, subcontractors or servants possess valid automobile coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The State reserves the right to request proof at any time.

o Workers’ Compensation and Employers Liability Contractor shall maintain statutory workers’ compensation and employers’ liability coverage for all its employees who will be engaged in the performance of this Agreement. Employer’s liability limits of $1,000,000 are required.

o Sole Proprietorship If your business is a Sole Proprietorship and does not employ any other individual(s), a signed statement on business letterhead stating, “I certify under penalty of perjury under the laws of the State of California that I do not employ any person in any manner as to become https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations http://www.dgs.ca.gov/ols/Resources/StateContractManual.aspx mailto:Carla.Pareja@arts.ca.gov https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml subject to the Workers’ Compensation laws of California. I further certify that the Department of Rehabilitation will be notified within ninety (90) days of any changes which results in the business becoming subject to the Workers’ Compensation laws of the State of California" must be on file for this Agreement. Refer to Attachment 11 – Individual or Sole Proprietorship Statement.

o Refer to the following for details on minimum insurance required by the State:

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&u rl=https://www.dgs.ca.gov/- /media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance- Requirements.pdf&ved=2ahUKEwjj7K_WjueJAxVQrIQIHce0KoEQFno ECB0QAQ&usg=AOvVaw2bMeRDtpZgmmT1K8kC8CCR o CAC may submit copies of the bidder’s insurance to Department of General Services Office of Risk and Insurance Management (ORIM) for review to ensure minimum insurance coverage are met required by the State. Refer to https://www.dgs.ca.gov/ORIM.

VIII. RFP SUBMISSION INSTRUCTIONS

This RFP contains all instructions that govern the requirements for Bid Package submission. It addresses the required format of the Proposal and related material to be contained therein. It also lists the specific requirements that all interested parties must meet to be eligible for consideration.

A. Interested parties must:

• Carefully read the entire Request for Proposal (RFP).

• Submit all completed response(s) by the required dates and times. Refer to SECTION IV. KEY ACTION DATES.

• Accurately follow and appropriately address all RFP procedures and requirements.

• Bid package must be in noneditable PDF except for Cost Worksheet which must be in Excel.

• Bid package must be entirely in English.

• Proposal must not exceed the page limit (ten pages) not including Cost

Worksheet.

• Bid package must be organized in the order as shown on

Attachment 1: Required Attachments and Documents Checklist.

• Bidders are responsible for ensuring that files can be accessed on PC and

Macintosh operating systems and that any hyperlinks are functioning and accessible.

• All required documents must have all the necessary signatures by an authorized personnel/agent.

B. Submission of RFP https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf&ved=2ahUKEwjj7K_WjueJAxVQrIQIHce0KoEQFnoECB0QAQ&usg=AOvVaw2bMeRDtpZgmmT1K8kC8CCR https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf&ved=2ahUKEwjj7K_WjueJAxVQrIQIHce0KoEQFnoECB0QAQ&usg=AOvVaw2bMeRDtpZgmmT1K8kC8CCR https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf&ved=2ahUKEwjj7K_WjueJAxVQrIQIHce0KoEQFnoECB0QAQ&usg=AOvVaw2bMeRDtpZgmmT1K8kC8CCR https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf&ved=2ahUKEwjj7K_WjueJAxVQrIQIHce0KoEQFnoECB0QAQ&usg=AOvVaw2bMeRDtpZgmmT1K8kC8CCR https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf&ved=2ahUKEwjj7K_WjueJAxVQrIQIHce0KoEQFnoECB0QAQ&usg=AOvVaw2bMeRDtpZgmmT1K8kC8CCR mailto:Carla.Pareja@cac.ca.gov

1. The entire Bid Package must be submitted electronically via email to Carla.Pareja@arts.ca.gov. Include the RFP number (RFP#: RFP-24-001) in the Subject line of the email with your submission.

2. CAC will not accept proposals submitted separately or piecemeal as we prefer the Bid Package be submitted together. However, if bidder encounter issues with file size, please advise the Procurement Analyst immediately: Carla.Pareja@arts.ca.gov or (916) 960-7549.

3. The entire Bid Package must be received in Carla.Pareja@arts.ca.gov inbox by the date and time listed on KEY ACTION DATES. Proposals received after this date and time will not be accepted. No exceptions.

4. Proposals should provide straightforward and concise descriptions of the vendor’s ability to satisfy the RFP requirements. Proposals must be complete and accurate. Omissions, inaccuracies or misstatements may be cause for rejection of the Proposal.

5. The Bid Package must include all the required documents identified in Attachment 1 - Required Attachments and Documents Checklist. Bid Packages that do not include all the required documents shall be deemed non-responsive. A non-responsive Proposal is one that does not meet all the Proposal requirements.

6. A proposal may be rejected if it is conditional, incomplete or if it contains any alterations of form or other irregularities of any kind. CAC may reject any or all Proposals and may waive any immaterial deviation in a Proposal. CAC’s waiver of immaterial defect shall in no way modify the RFP document or excuse the vendor from full compliance with all requirements if awarded the Agreement.

7. If a bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, do inform the Procurement Analyst, Carla.Pareja@arts.ca.gov, of such error in writing upon discovery. Include the RFP number (RFP#: RFP-24-001) in the title of the email. All Proposals are submitted at the vendor’s own risk.

8. Cost for developing Proposals and in anticipation of the award of the Agreement are entirely the responsibility of the bidder and shall not be charged to CAC.

9. A vendor may modify a Proposal after its submission by withdrawing the original Proposal and resubmitting a new Proposal prior to the submission deadline via email to Carla.Pareja@arts.ca.gov. Include the RFP number, RFP#: RFP-24-001 Resubmit #1, and so on, in the subject line of the email. Modifications initiated by the vendor in any other manner, oral or written, will not be considered. Proposals may not be withdrawn without cause subsequent to the submission deadline.

10. CAC, at its sole discretion, may request information from the bidder as part of PHASE ONE described in the EVALUATION PLAN. Information obtained from the vendor that was requested by CAC during PHASE ONE may be accepted at CAC’s sole discretion as proper modification to the original Proposal. Additionally, CAC during PHASE ONE shall not be https://caleprocure.ca.gov/pages/index.aspx mailto:Carla.Pareja@cac.ca.gov mailto:OLSProtests@dgs.ca.gov https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx https://www.dgs.ca.gov/media/Divisions/PD/OSDS/Certification/CUF/CUFEvaluationandDeterminationWorksheet.pdf considered a deviation, material or otherwise, from the requirements of this RFP.

11. At any time, CAC may modify this RFP, the KEY ACTION DATES or any of its attachments prior to the date of submission by the issuance of an addendum. Addenda shall be numbered consecutively as a suffix to this RFP. Therefore, CAC highly encourages the Bidder to check the RFP advertisement as often as possible in case of potential changes and/or updates to RFP#: RFP-24-001 by visiting https://caleprocure.ca.gov/pages/index.aspx.

12. Interested parties or potential interested parties are prohibited from initiating any communication with any CAC staff concerning this RFP except as specified herein. CAC reserves the right to reject the Proposal of any vendor violating this prohibition.

13. Bidders are cautioned not to rely on CAC during the assessment to discover and report to the vendor any defects or errors in the submitted documents. Bidders, before submitting your documents, should carefully proof them for errors and adherence to the RFP requirements.

14. More than one (1) Proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a vendor has submitted more than one Proposal for the work contemplated herein will cause the rejection of all Proposals submitted by that vendor. If there is a reason to believe that collusion exists among the vendors, none of the participants in such collusion will be considered in this or future procurements. DGS’ Procurement Division will be notified.

15. A proposal may be rejected if it contains any alterations of form or other irregularities of any kind. The CAC does not accept alternate contract language from prospective contractors. Proposal with such language shall be considered a counter Proposal and shall be rejected. The State of California’s Information Technology General Provisions are not negotiable.

Refer to GTC 04/2017 which can be downloaded from the following website: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of- Legal-Services-Resources-List-Folder/Standard-Contract- Language?search=GTC.

16. Bidders should be aware that marking a file or document “confidential”, “proprietary”, or “trade secret” in a Proposal may exclude it from consideration for award and will not keep that document from being released after award as part of the California Public Records Act, unless the Bidder successfully petitions a court of competent jurisdiction to order the State not to release the document. All materials submitted in response to this RFP document will become the property of the State and will become a public record after Award.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx?search=GTC

IX. RFP EVALUATION PLAN

A. Phase One: Administrative Criteria

Pass/Fail review to confirm vendor has submitted all required Offer components. At the time of Offer opening, each Offer will be checked for the presence or absence of required information/documents in conformance with the submission requirements of this. See attached Evaluation Plan.

B. Phase Two: Technical Criteria – See attached scoring rubric.

C. Phase Three: Cost Criteria – Based on Cost Points Calculation.

Formula: [Lowest Cost/Bidder’s Cost] x Maximum Points = Cost Points4.

The Bidder with the lowest proposed cost will receive the maximum points.

Other Bidders will be based on Cost Points Formula.

D. Phase Four: Interviews The top three (3) qualified bidders will be selected to participate in a structured interview with the Evaluation Committee. Bidders who are interviewed can score up to thirty (30) additional points. Further details about the interview portion will be released once the top three bidders are determined and will be posted in Cal eProcure.

E. Once scores are final, proposals will have applicable preferences and incentives applied. See SECTION X. PREFERENCE AND INCENTIVE

PROGRAMS.

F. Sample Final Proposal Tabulation: RFP – Secondary Method

PROPOSER/BIDDER A B C

Phase One: Administrative Criteria Responsive & Responsible? (Y/N)

Small Business (Y/N) Phase Two: Technical Proposal Score Phase Three: Cost Proposal Score Pre-Interview Ranking

Phase Four: Interview (up to 30 points)

Initial Ranking SB Preference Points DVBE Incentive Percentage DVBE Incentive Points Adjusted Final Score (including SB and DVBE points)

Final Ranking

4 All decimal numbers will be rounded to nearest thousandth place. For example: the rounding of 0.16789 will be 0.168.

G. Key Definitions:

• Responsive Bidder – A Bidder is considered responsive if it indicates compliance without material deviation from the requirements of the RFP and the terms and conditions of the proposed contract.

• Responsible Bidder – A Bidder is responsible if they possess the experience, facilities, reputation, financial resources and are fully capable of performing the contract.

• Proposal refers to Section III. Proposal Requirements which must not exceed ten (10) pages not including the Cost Proposal Worksheet.

H. In the event there is a tie, each of tied bidders shall be contacted by the CAC Procurement Analyst, Carla Pareja. The Bidder whose Bid Package was received first shall make the first call. The Bidder can witness the flipping of the coin remotely via Zoom or Teams. The flipping of the coin will be conducted and witnessed, in person, by at least two (2) CAC authorized staff or the Evaluation Committee.

I. Strict adherence to the laws and regulations to apply the preference and incentives will be followed. 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.

X. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference Program

• This RFP does not include a minimum Small Business (SB) participation requirement. Certified Small Businesses or Microbusinesses can claim 5 percent preference when submitting a proposal.

• Or an SB or SB Micro can claim the 5 percent preference if the SB or SB Micro bidder commits to subcontract at least 25 percent of the net bid price with one or more California/DGS Certified Small Business (CCSB).

• The proposal must include a statement indicating whether or not the firm claims a small business preference. Refer to Attachment 4 – Small business Preference Program Statement. The proposers that claim a small business preference must have the following:

(1) copy of their small business certification and must be certified by

California/DGS as a small business.

(2) The small business must have its principal place of business located in

California, have a complete application (including proof of annual receipts) on file with the California Office of Small Business and Disabled Veteran Business Enterprise Services by the proposal due date and time as indicated on KEY ACTION DATES and be verified by such office.

• To receive the CCSB 5 percent preference, the proposer must be both responsive and responsible. The score assigned to its proposal will be increased by an amount equal to 5 percent of the points assigned to the highest scored proposal.

B. DVBE (Disabled Veterans Business Enterprise) Participation – Declaration and Program Incentive

1. The DVBE Participation Goal Program for State contracts is established in

Public Contract Code (PCC) section 10115 et seq.; Military and Veterans Code (MVC) section 999 et seq.; and Title 2 California Code of Regulations (CCR) section 1896.60 et seq.

2. This solicitation does not include a mandatory minimum DVBE participation requirement. An incentive will be given to bidders who provide DVBE participation either as a California Certified DVBE bidder or commit to using DVBE subcontractors to perform the participation goal percentage.

3. A DVBE incentive applies to this solicitation. Any responsive and responsible bidder with the confirmed DVBE participation eligibility, Per TABLE 1. DVBE PARTICIPATION is eligible to receive the incentive, which will be applied to the total possible available points, not including points for socioeconomic incentives or preferences. Bidders, who are not responsive or responsible, regardless of the amount of DVBE participation, are not eligible to receive the incentive.

4. CAC will apply the incentive to bids proposing the utilization of California/DGS Certified DVBE firms identified on the Attachment 3 – Bidder Declaration GSPD-05-105. Information provided on the Bidder Declaration shall be verified by CAC prior to award of the contract.

5. Information provided on the Bidder Declaration shall be verified by the CAC prior to award of the contract.

6. When applying the DVBE Incentive, a Non-Small Business shall not displace an award to a DGS Certified Small Business.

C. DVBE Participation Table When applying the DVBE Incentive, a Non-Small Business shall not displace an award to a DGS Certified Small Business.

TABLE 1. DVBE Participation

Confirmed DVBE Participation of:

DVBE

Incentive

POSSIBLE INCENTIVE

POINTS

(Total Possible Points* x Incentive Percentage)

5% 5% Total Possible Points x 5% 4% to 4.99% inclusive 4% Total Possible Points x 4%

3% to 3.99% inclusive

3% Total Possible Points x 3%

2% to 2.99% inclusive

2% Total Possible Points x 2%

1% to 1.99% inclusive

1% Total Possible Points x 1%

* Total possible points not including points for socioeconomic incentives or preferences.

D. DVBE Participation Commitment (Optional)

1. Method A – DGS Certified DVBE Bidder:

• Commit to perform the participation goal percentage of the contract bid amount with its own resources or in combination other DVBE(s) as subcontractor.

• Document DVBE participation on the Bidder Declaration DGS PD-05- 105 for the Prime and all subcontractors (any person, firm, corporation that will participate in fulfilling any part of the contract.).

• Submit a signed certification under penalty of perjury that the work performed by each DVBE subcontractor listed on the Bidder Declaration DGS PD-05-105 is Commercially Useful Function (CUF) Compliant.

• Submit a written Confirmation Letter/Form for each DVBE subcontractor identified on the Bidder Declaration DGS PD-05-105 form. The written confirmation must include the solicitation number and be signed by the bidder and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE. Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

• DGS PD 843 DVBE Declarations form for all DVBE participants (prime or subcontractor).

2. Method B – Non-DVBE Bidder:

• Commit to using DGS Certified DVBE(s) to perform the participation goal percentage of the contract bid amount.

• Document DVBE participation on the Bidder Declaration DGS PD-05-

105. The written confirmation must include the solicitation number and be signed by the Bidder and the DVBE subcontractor(s).

• Submit a written Confirmation Letter Form from each DVBE subcontractor identified on the Bidder Declaration DGS PD-05-105 form. The written confirmation must include the solicitation number and be signed by the bidder and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE. Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

• Submit a signed certification under penalty of perjury that the work performed by each DVBE subcontractor listed on the contract is Commercially Useful Function (CUF) Compliant.

• DGS PD 843 DVBE Declarations form for all DVBE participants (prime or subcontractor).

• DVBE Incentive Points Calculation Bidder deemed responsive and responsible are eligible to receive the incentive.

E. About Commercially Useful Function:

As defined in MVC §999(B), a person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following:

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

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

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

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

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

• CUF Evaluation Worksheet – Will be completed by CAC for the prime contractor and each subcontractors. Refer to the following website:

https://www.dgs.ca.gov/media/Divisions/PD/OSDS/Certification/CUF/C UFEvaluationandDeterminationWorksheet.pdf?la=en&hash=7C4EB31

52024272CB12D716A34A30FD758DDC7FB.

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

F. DVBE Substitution (Post Award) Bidders must use the DGS certified DVBE subcontractors or suppliers proposed in the bid. Any substitutions must be requested in writing to the awarding department and approved by both the awarding department and OSDS in writing prior to the commencement of any work by the proposed DVBE. The proposed DVBE must be DGS certified. The substitution must be to perform the same work and shall maintain the minimum level of DVBE participation stated in original bid. (MVC §999.5(g)).

G. Certification of Payment Options – Military & Veterans Code §999.5 and §999.7(a) (SB 588) https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx?la=en&hash=7C4EB3152024272CB12D716A34A30FD758DDC7FB https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx?la=en&hash=7C4EB3152024272CB12D716A34A30FD758DDC7FB https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx?la=en&hash=7C4EB3152024272CB12D716A34A30FD758DDC7FB

• Certification of Payments to DVBE Subcontractors and Withhold to be enforced by CAC.

• In accordance with the State Contracting Manual, Volume 2, Section 1203.1, State departments shall require the Contractor to submit a complete an accurate Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817) upon acceptance of ordered goods or services for which the Contractor committed to DVBE subcontractor participation.

• Upon delivery or completion of ordered goods/services, State departments shall do the following:

o Provide proper withhold notification to prime contractors.

o Withhold ten thousand dollars ($10,000.00) or the full amount of the final invoice if accurate STD 817.

o Review the STD 817. If it is determined to be complete and accurate, authorize payment of the withhold.

o If the STD 817 is late or incomplete, department must send the prime contractor a cure notice allowing at least fifteen (15) days, but not more than thirty (30) days, to meet the Certification of Payments to DVBE Subcontractors requirements.

o If the prime contractor does not comply by the identified deadline, permanently deduct the withhold.

o Retain all records for a minimum of six (6) years.

XI. Protest Provisions A. Notice of Intent to Award will be posted on the CAC’s office main entrance located at 2750 Gateway Oaks Drive STE 300 Sacramento, CA 95833, CAC website www.arts.ca.gov and on CaleProcure for five (5) working days prior to awarding the contract.

B. If any Proposer believes that this RFP unnecessarily restricts their ability to submit a responsive proposal, the Proposer can submit a protest by the date listed in the Key Action Dates section above.

C. All protests must be made in writing and must contain a detailed statement of the reason for protest, citing the law, rule, regulation, or procedures on which the protest is based. The protester must provide facts and evidence to support the claim. Protests must be sent to BOTH the Department of General Services (DGS), Office of Legal Services, 707 Third Street, 7th Floor, Suite 7- 330, West Sacramento, CA 95605 AND the California Arts Council, Attention:

Executive Director, 2750 Gateway Oaks, Suite 300, Sacramento, CA 95833. A copy of the detailed written protest must be emailed to CAC’s Procurement Administrator, Carla.Pareja@arts.ca.gov.

D. Failure by any Proposer to raise any concern related to the solicitation requirements by the relevant Key Action Dates (above) will be deemed a https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html waiver of any claim regarding the contract award relating to the solicitation requirements.

E. If any Proposer, prior to the award of agreement, files a protest with the CAC and the Department of General Services (DGS), Office of Legal Services (OLS), 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, OLSProtests@dgs.ca.gov, on the grounds that the (protesting) Proposer would have been awarded the contract had the agency correctly applied the evaluation standard in the RFP, or if the agency followed the evaluation and scoring methods in the RFP, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. It is suggested that the Proposer submit any protest by certified or registered mail.

A. Grounds for Protest:

As set forth in Public Contract Code §10345 (b) (2), grounds for protest are limited to the following:

• The state agency failed to follow the procedures specified in either subdivision (b) or (c) of Section 10344.

• The state agency failed to correctly apply the standards for reviewing the format requirements or evaluating the proposals as specified in the request for proposal.

• The state agency used the evaluation and selection procedure in subdivision (b) of Section 10344, but is proposing to award the contract to a bidder other than the lowest responsible bidder

• The state agency used the evaluation and selection procedure in subdivision (c) of Section 10344 but failed to follow the methods for evaluating and scoring the proposals specified in the request for proposal.

• The state agency used the evaluation and selection procedure in subdivision (c)of Section 10344 but is proposing to award the contract to a bidder other than the bidder given the highest score by the state agency evaluation committee.

XII. Disposition of Proposals

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

B. Bid Packages may be returned only at the Proposer’s expense unless such expense is waived by the awarding agency.

XIII. Award https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx https://www.sos.ca.gov/business-programs/business-entities/?lawCode=PCC&sectionNum=10345.

Contract award, if made, will be awarded to the bidder who is responsive and responsible and received the highest score after the application of preferences and incentives.

XIV. Travel The Contractor will work from their own office location; however, the project may require the contractor to travel to the CAC office located at 2750 Gateway Oaks…