RFP-24-004_NA_IP_revised.pdf

CALIFORNIA ARTS COUNCIL

RFP-24-004 Native American &

Indigenous Artists Consultant Services

REQUEST FOR PROPOSAL - Secondary

Release Date: March 24, 2025 Notice to Prospective Proposers: Single Award

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

RFP# RFP-24-004

The California Arts Council (CAC) invites California Independent Contractors, Individuals, Sole Proprietors, Partnerships, California Certified Small Business (SB), Disabled Veteran Business Enterprise (DVBE), 501(c)(3) organizations registered in California, private for-profit organizations, organizations with a joint powers agreement 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 02/2025) 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?search=general%20terms%20and%20conditions.

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.

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://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms%20and%20conditions https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms%20and%20conditions https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms%20and%20conditions 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/

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

Contact Information for RFP # RFP-24-004 Name: Carla Pareja Title: Procurement Administrator Email: Carla.Pareja@arts.ca.gov mailto:Carla.Pareja@arts.ca.gov

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

1. Small Business or Non-Small Business 5 percent preference

2. About Small Business Preference

3. About Non-Small Business Subcontractor Preference

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 02/2025 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: DVBE Participation Incentive Form Attachment 5: Confidentiality Statement Attachment 6: Commercially Useful Function (CUF) Certification Attachment 7: Cost Proposal Worksheet Attachment 8: Darfur Contracting Act Attachment 9: Workers’ Compensation Certification (if applicable) Attachment 10: Individual & Sole Proprietor (if applicable) Attachment 11: Payee Data Records STD 204 Attachment 12: Contractor Certification Clauses CCC 04/2017 Attachment 13: GenAI Notification Clause Attachment 14: DGS PD 843 DVBE Declaration (if applicable) Attachment 15: Confirmation Letter Form DVBE Subcontractor (if applicable) Attachment 16: Evaluation Plan and Scoring Rubric Attachment 17: Prime Contractor’s Certification DVBE Subcontractor Report

STD 817 (if applicable and upon completion of contract) Attachment 18: 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. A minimum of four (4) Advisory Committee meetings should be held in-person.

• 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 ( combination of on-site and 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).

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

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

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 $100,000 (all inclusive). Refer to Attachment 7 - Cost Proposal Worksheet for complete details. Only one (1) cost proposal will be accepted and must use template Attachment 7. Must be submitted in Excel format.

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., Grant 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. Only one (1) cost proposal will be accepted.

All cost must be outlined in complete and accurate detail on Attachment 7 – Cost Proposal Worksheet (in Excel). Cost proposals cannot exceed $100,000.

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(es) and telephone number(s).

IV. KEY ACTION DATES2

Action Deadline Re-release of Request for Proposal Monday, March 24, 2025 by 5:00 PM

PST

Additional Optional Webinar to Review RFP (recording will be posted on CaleProcure)

Thursday, April 3, 2025 at 12:00pm

PST

Written Questions Due Friday, April 4, 2025 by 5:00 PM PST Questions and Answers Posted Wednesday, April 9, 2025 by 5:00 PM

PST

Bid Package Submission Due Friday, April 18, 2025 by 5:00 PM

PST

Evaluation Period April 21 – May 2, 2025 Interview Period May 5 - 9, 2025 Notice of Intent to Award May 9, 2025 by 5:00 PM PST Protest Period May 12 – 16, 2025 by 5:00 PM PST Contract Awarded May 19, 2024 Contract Work Begins June 1, 2025 (approximate) Project work timeline (approximate) June 1, 2025 – November 1, 2026

Interviews will be conducted solely at the discretion of the CAC. Interviews will not be scored.

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-24-004 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.

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.

http://www.arts.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx https://www.dgs.ca.gov/-/media/78E8DA88485C43A28780D9D34A64C1CA.ashxh

VI. OPTIONAL BUSINESS REQUIREMENT

CAC strongly encourage individuals, sole proprietors and/or independent contractors who are interested in submitting a Bid Package for RFP-24-004 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.

• 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 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 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 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 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) 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 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

1. The entire Bid Package must be submitted electronically via email to

Carla.Pareja@arts.ca.gov. Include the RFP number (RFP#: RFP-24-004) 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 mailto:Carla.Pareja@cac.ca.gov https://caleprocure.ca.gov/pages/index.aspx mailto:Carla.Pareja@cac.ca.gov mailto:OLSProtests@dgs.ca.gov

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-24-004) 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-24-004 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 considered a deviation, material or otherwise, from the requirements of this RFP.

11. The documents provided by the Bidder in their proposal submittal enable CAC to evaluate for responsiveness. CAC reserves the right to ask clarifying questions during evaluation, such as Commercially Useful Function (CUF); however, the answers cannot change or alter the proposal submittal. Should a discrepancy exist between the answer provided and the proposal submittal, the proposal submittal will be considered correct.

12. 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-24-004 by visiting https://caleprocure.ca.gov/pages/index.aspx.

https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx https://www.dgs.ca.gov/media/Divisions/PD/OSDS/Certification/CUF/CUFEvaluationandDeterminationWorksheet.pdf https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml

13. 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.

14. 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.

15. 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.

16. 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 02/2025 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=general%20terms%20and%20conditions.

17. 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.

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.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms%20and%20conditions https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms%20and%20conditions https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms%20and%20conditions

Formula: [Lowest Cost/Bidder’s Cost] x Maximum Points = Cost Points3.

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

Other Bidders will be based on Cost Points Formula.

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

PROGRAMS.

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

Final Ranking

Please refer to the following links below for more information:

Small Business Preference and Competitive Solicitations:

https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-04

DVBE Incentive and Competitive Solicitations:

https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-02

F. 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.

G. 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

3 All decimal numbers will be rounded to nearest thousandth place, if needed. For example: the rounding of

0.16789 will be 0.168.

https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-04 https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-02 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.

H. 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

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

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

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

To be considered as a certified SB, the Proposer must have a complete application package on file with the OSDS by 5:00 p.m. on the Deadline for Final Proposal Submittal date. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise To claim the Small Business Preference please see Attachment 3, Bidder Declaration (GSPD-05-105).

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

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

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

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

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

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

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

3. About Non-Small Business Subcontractor Preference:

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

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

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

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

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

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

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

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

To receive the CCSB 5 percent preference, the proposer must be both responsive and responsible.

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…