RFP_24-06_Tribal_Intermediate_Training.docx

California Coastal Commission

RFP 24-06

STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

455 MARKET STREET, SUITE 300

SAN FRANCISCO, CA 94105-2421

VOICE (415) 904-5200

TRIBAL INTERMEDIATE TRAINING

REQUEST FOR PROPOSAL (RFP) 24-06

Notice to Prospective Proposers

June 4, 2025

The California Coastal Commission, hereafter referred to as the State or the Commission, invites you to review and respond to this Request for Proposal (RFP), entitled RFP 24-06 for Tribal Intermediate Trainings. In submitting your proposal, you must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language. If you do not have internet access, a copy can be provided by contacting the person listed below.

In the opinion of the California Coastal Commission, this Request for Proposal is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this RFP is:

Vickie Tse, Fiscal & Business Services Analyst

E-mail: Vickie.Tse@coastal.ca.gov

(415) 687-9998

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Jessica Chan, Director Fiscal & Business Services

Providing Agency's Name Agreement Number

45 FREMONT, SUITE 2000

SAN FRANCISCO, CA 94105-2219

VOICE (415) 904-5200

FAX (415) 904-5400

TDD (415) 597-5885

Table of Contents

BACKGROUND AND PURPOSE

Background

The California Coastal Commission (CCC), the San Francisco Bay Conservation and Development Commission (BCDC), and the State Coastal Conservancy (SCC) together administer California’s federally approved Coastal Zone Management Program (CA CZM Program). The CCC protects the coast by planning for and regulating new development, BCDC's enabling legislation (the McAteer-Petris Act) allows them to focus their work on limiting fill and increasing public access to and along the San Francisco Bay, and the SCC is the CA CZM Program’s non-regulatory agency that complements the permitting and planning activities of the other two agencies by providing grants and technical assistance to local governments and nonprofit organizations to restore habitat and support outdoor recreation projects. The three agencies use Coastal Management Grants, administered by the National Oceanic and Atmospheric Administration (NOAA), to support work to protect sensitive resources and expand public access to the coast for all Californians and visitors; this includes access and consideration for tribes when it comes to coastal decision-making.

California government agencies are required to consult with tribes when working on projects that could affect tribal resources (Government Code section 65352.4). The three CA CZM Program agencies are committed to effective and meaningful tribal engagement, demonstrated by the adoption of individual policies that integrate tribal considerations into the day-to-day work of these agencies. The CCC adopted a Tribal Consultation Policy in 2019 aimed at improving consultation with tribes, the SCC adopted a Tribal Consultation policy in 2015 to facilitate meaningful engagement when working with tribes, and BCDC adopted its interim Tribal Policy in 2024 to ensure that tribes can meaningfully participate in decisions that may have an impact on their interests, resources, or communities.

While the three agencies have worked steadily to implement these policies through their work, there is more in-depth training needed for all staff to effectively establish proactive, meaningful engagement with tribes. Through a grant funded by the Infrastructure Investment and Jobs Act (IIJA), these agencies are seeking to improve upon their ongoing work with specialized training on this topic.

Purpose

The purpose of this RFP is for the CCC to solicit proposals for training services and preparation of evergreen, supplementary materials from qualified contractors capable of delivering targeted training, resources, and expertise not otherwise readily available to staff of the three agencies. These trainings will support the three agencies’ ongoing efforts to strengthen relationships with tribal governments and tribal organizations by enhancing internal knowledge.

Each of these agencies frequently engage with tribes, and there is a need for continuous, updated training to support staff’s understanding of legislative requirements, consultation protocols, and best practices for tribal collaboration. Pursuant to the federal grant, this training will go beyond the introductory trainings required by the state. The content will be tailored to the agencies' coastal work, and staff will gain the knowledge and skills that will enable them to advance tribal considerations in their planning and program development more effectively.

A) SCOPE OF WORK

See Exhibit A – Sample Standard Agreement (page 33) for the Scope of Work.

B) MINIMUM QUALIFICATIONS FOR PROPOSERS

1) The proposer must have an understanding and respectful recognition of Native American traditions, cultural practices, and economic considerations.

2) The proposer must have the ability to engage and communicate effectively with tribes and related organizations.

3) The proposer must have demonstrated 10+ years of experience using effective teaching strategies and instructional methods for in-person settings, along with experience delivering adult education using diverse approaches such as group discussions and collaborative activities.

4) The proposer must have the ability to create evergreen materials, such as PowerPoint slide decks, PDF documents, and/or checklists, that can be reused by trainees and new staff in the future.

5) The proposer must be based in the state of California and have 10+ years of experience working with tribes in California and training groups on how to do so.

6) The proposer must be available to meet with Commission staff on a regular basis, either in person or on the telephone, to provide updates and get feedback on activities and strategies.

7) The proposer must be qualified to do business in California.

· See Attachment 2, Proposal/Proposer Certification Sheet (page 21), and follow completion instructions.

· See Attachment 5, Bid/Bidder Certification Sheet (page 26), and follow completion instructions.

8) References. The proposer must provide at least three (3) reference for services performed within the last five years, which are similar in nature, size, and scope to the work to be performed in this contract. See Attachment 4, Proposer References (page 39), and follow completion instructions.

9) Key Staff and Consultants List and Resumes. The proposer must provide a list of key staff and consultants who will participate in this contract. The proposer must identify their roles and responsibilities and provide resumes that include academic and professional achievements. Also include an organizational chart.

10) Work Samples. Include two samples of products that the company produced for another client that ideally are similar to those described in this RFP.

11) Any potential subcontractors and their qualifications must be identified.

12) The proposer must be able to certify that no more than one final unappealable finding of contempt of Court by a Federal Court has been issued within the immediately preceding two (2) year period because of the proposer’s failure to comply with an order of a Federal court which orders the contractor to comply with an order of the National Labor Relations Board.

13) The proposer must certify that they are not a scrutinized company as defined in Public Contract Code section 10476 by submitting with their bid package a completed Attachment 7, Darfur Contracting Act Form (page 43).

14) The proposer must certify that it is in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code). Additionally, if a vendor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor must certify that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code). See Attachment 8, California Civil Rights Laws Certification Form (page 44).

15) Proposer certifies it is not on either the California Franchise Tax Board’s (FTB) or the California Board of Equalization’s (BOE) lists of tax delinquents found at https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html and https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm. Public Contract Code section 10295.4 provides that a State agency shall not enter into any contract for goods or services with 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. Any contract entered into in violation of Public Contract Code section 10295.4 is void and unenforceable.

16) The proposer must notify the state in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

C) PROPOSAL REQUIREMENTS AND INFORMATION

1. Key Action Dates Event Date

*Dates after proposal submission are projected and subject to change.

1. Agreement Term

The anticipated term of the resulting Agreement is 07/21/2025, or date of approval by the Department of General Services (DGS), whichever is later, through 11/30/2025. The State may exercise the option to amend to add six (6) months of additional time to complete the identified tasks. The date of contract approval by the State, however, shall be the governing factor as to the date of commencement. Should performance commence before the contract is approved, such services may be considered voluntary.

1. Funding

A maximum of $ 179,000.00 is anticipated to be available to obtain the services described in this RFP. Only one (1) Agreement will be awarded. Proposer’s cost to perform services cannot exceed the maximum funding available for the Agreement.

1. Subcontractors

3. Any subcontractor that the Proposer chooses to use in fulfilling the requirements of this solicitation must also meet all the requisites of this RFP including the minimum qualifications and insurance requirements. In total, subcontractors may not perform more than 49% of the required services. If the Proposer proposes the use of a subcontractor, the Proposer shall identify the subcontractor firm, staff, tasks to be performed and amounts to be paid when subcontractors are used in the performance of the awarded contract using the GSPD-05-105 Bidder Declaration Form (Written), available at https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

3. Proposer must not substitute any proposed subcontractor without advance written consent of the Commission.

3. Nothing contained in the awarded Agreement or otherwise shall create any contractual relationship between the Commission and any subcontractors, and no subcontractor shall relieve the Contractor of its responsibilities and obligations hereunder. The Contactor agrees to be fully responsible to the Commission for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the obligation of the Commission to make payments to the Contractor. As a result, the Commission will have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

1. Proposer Questions

Proposers requesting clarification of the intent or content of this RFP must submit written questions email to: Vickie.Tse@coastal.ca.gov. Please reference RFP No. 24-06 in the subject line. To ensure a response, questions must be received by the date and time specified in the Key Action Dates above. Questions not submitted in writing to the above contact person by the Key Action Date for the submission of written questions shall be answered at the State’s option. Verbal responses from the Commission are not considered binding. Responses to questions received by the specified date and time will be issued in writing via an addendum and will be posted to https://caleprocure.ca.gov, without identifying the source of the query, on or before the date specified in the Key Action Dates.

Proposers shall ONLY contact the individual identified above and shall not contact other Commission personnel for meetings, conferences or technical discussion related to this RFP. No questions may be answered by other Commission staff. If Proposers are discovered to have contacted other Commission personnel, the Commission may reject their proposals.

1. Proposal Content

This section specifies the order and content of each proposal. Failure to submit applicable attachments may cause the bid to be rejected.

5. Required Attachment Checklist (Attachment 1)

5. Proposal Proposer Certification Sheet (Attachment 2) (Filled out and signed)

5. Table of Contents

A Table of Contents must be provided. It must identify all major sections of the proposal by page number. All exhibits and attachments must also be identified and referenced by page number.

5. Body of Proposal The following elements must be included in the proposal narrative. Proposers must address all of the required elements in the proposal narrative.

4. Description of Capabilities and Experience

A narrative description is required of the Proposer’s relevant capabilities and experience. The following information should be included:

1. Extensive knowledge and familiarity working closely with Native Tribes.

1. Statements regarding the success of recruiting, organizing, effectively facilitating and training groups of participants.

1. Statements describing project management capacity in order to effectively manage the administration, resources, relationships and deliverables required as part of this RFP.

1. Copies of, or web links to, work samples.

4. Organizational Structure and Personnel Resources

The content of this section should describe how the Proposer will organize the resources necessary to complete the data collection required by this RFP. The content should demonstrate Proposer’s ability to provide the services set forth in this RFP. This section will include:

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

2. Current resumes for the key personnel: Include resumes describing education, experience and expertise with pertinent information demonstrating qualifications for this RFP.

2. Organization Chart: Proposer must include an organization chart, showing the hierarchy of the key personnel involved. The chart must show the principal staff, researchers and other key personnel of the Proposer’s organization and all other parties (subcontractors) to the proposal.

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

4. Work Plan and Timeline

Provide as an attachment a detailed proposed work plan to achieve the goal of developing and implementing a training curriculum as outlined in the Scope of Work. In addition to the work plan, please provide a timeline for the term of the Agreement. The work plan will be updated as necessary during the course of the Agreement. The work plan and any changes are subject to the approval of the State.

4. Budget

Proposers must complete, sign, and submit the Itemized Cost Proposal Sheet, Attachment 3, to reflect their cost proposal for the services described herein. The format shall not be altered.

All costs associated with the performance of the Scope of Work required in this RFP must be included in the formats provided. The Awarded Proposer will be required to provide detailed budget information by each component and by each State fiscal year prior to Agreement execution. The costs for services will be for the entire term of the Agreement.

5. Additional Documentation

5. Proposer References Attachment 4

5. Bidder Declaration GSPD-05-105 Attachment 5

5. Target Area Contract Preference Act (TACPA), STD 830 Attachment 6

5. Darfur Contracting Act Certification Attachment 7 (Filled out and signed)

5. California Civil Rights Law Certification Form Attachment 8

5. Payee Data Record STD 204 Attachment 9 (Filled out and signed)

5. Generative Artificial Intelligence (GenAI) Disclosure Attachment 10 (Filled out and signed)

1. Submission of Proposal

0. All proposals must be submitted under sealed cover and must be received by the California Coastal Commission by 2:00 pm on June 24, 2025. Proposals received after this date and time will not be considered. The sealed cover must be plainly marked with the RFP number and title, must show your firm name and address, and must be marked with “DO NOT OPEN” (on front and back of package), as shown in the following example:

RFP 24-06

Tribal Intermediate Trainings California Coastal Commission Attention: Vickie Tse 455 Market Street, Suite 200, Room 228 San Francisco, CA 94105

DO NOT OPEN

Mail or deliver proposals to the address above. Individuals who hand deliver proposals should allow time for visitor security procedures. Please email Vickie Tse at vickie.tse@coastal.ca.gov to notify her before you arrive. The Coastal Commission’s mailroom is located on the 2nd floor.

If the proposal is made under a fictitious name or business title, the actual legal name of proposer must be provided. Proposals not submitted under sealed cover may be rejected. Emailed or faxed proposals will not be accepted.

0. Contractors must submit one (1) signed hard copy of the original proposal (including the response content checklist) and one (1) electronic copy submitted in Word format on a USB Flash drive. All proposals must be typed, do not submit any parts of the proposal in handwriting. All documents contained in the original proposal package must have original, “wet-ink” signatures or electronic signatures using DocuSign or a similar program and must be signed by a person who is authorized to bind the proposing firm. Stamped signatures are not sufficient.

0. Proposers are encouraged to conserve natural resources such as paper and plastic when submitting their proposals in response to this RFP. Proposals may be printed on double-sided paper, incorporate minimal use of binders or other plastic components, and be mailed in minimal packaging. This conservation effort is not a mandatory requirement and will have no impact on the evaluation and selection of the proposer who is awarded the contract.

0. Proposals should provide straightforward and concise descriptions of the proposer’s ability to satisfy the requirements of this RFP. The proposal must be complete and accurate. Omissions, inaccuracies or misstatements may be cause for rejection of a proposal.

0. The proposal package should be prepared in the least expensive method.

0. All proposals shall include the documents identified on Attachment 1 – Required Attachment Checklist (page 16). Proposals not including the proper “required attachments” shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

0. Proposals must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

0. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all proposals and may waive an immaterial deviation in a proposal. The State’s waiver of an immaterial deviation shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if awarded the agreement.

0. Costs incurred for developing proposals and in anticipation of award of the agreement are entirely the responsibility of the proposer and shall not be charged to the State of California.

0. An individual who is authorized to bind the proposer contractually must sign the Attachment 2, Proposal/Proposer Certification Sheet (page 17). The signature should indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

0. A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline. Proposer modifications offered in any other manner, oral or written, will not be considered.

0. A proposer may withdraw its proposal by submitting a written withdrawal request to the State, signed by the proposer or an authorized agent. A proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

0. The awarding agency may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package.

0. The awarding agency reserves the right to reject all proposals. The agency is not required to award an agreement.

0. Before submitting a response to this solicitation, proposers should review, correct all errors and confirm compliance with the RFP requirements.

0. Where applicable, proposer should carefully examine work sites and specifications. Proposer shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

0. More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered.

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

0. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid, the bidder represents that it is not a target of Economic Sanctions. Should the State determine, at any time prior to the execution of a contract, that the bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the bidder’s bid.

0. No oral understanding or agreement shall be binding on either party

0. News releases pertaining to this RFP and its award shall not be made without prior approval of The Commission.

1. Evaluation Process

All proposals received on or before the final filing date and time as specified in the Key Action Dates will be evaluated by a Department Evaluation Team as outlined below.

Proposals will be opened by the Department Evaluation Team at the date and time identified in the Key Action Dates. The public opening will take place over Zoom. To join the Zoom meeting, go to https://zoom.us/join and enter the Meeting ID below and select “join from your browser.” Participants will then enter the meeting password listed below and their name. Participants will select the “Join” button.

Join Zoom Meeting https://us02web.zoom.us/j/83052666681?pwd=nE8GhkVb8vV5La3h4dwrKUJQlEUayT.1

Dial by your location

• +1 669 900 9128 US (San Jose)

• +1 253 215 8782 US (Tacoma)

• +1 346 248 7799 US (Houston)

• +1 646 558 8656 US (New York)

• +1 301 715 8592 US (Washington DC)

• +1 312 626 6799 US (Chicago)

Meeting ID: 830 5266 6681 Passcode: 269012

If you have a disability and require assistance to participate, please contact Vickie Tse by e-mail at Vickie.Tse@coastal.ca.gov at least five days in advance.

a) Administrative Review (Pass/Fail) Proposals will first be checked for the presence or absence of required information and documents in conformance with the submission requirements of this RFP. The purpose is to determine: (1) whether a proposal has been submitted in the proper format and with the required elements to be deemed a responsive proposal; and (2) whether the proposer is deemed “responsible” by meeting the minimum qualifications.

The Department Evaluation Team may request written clarifications from proposers at any phase of the evaluation process for the purpose of clarifying ambiguities in the information presented within a specific proposal.

The Department Evaluation Team, in the exercise of its exclusive discretion, may either waive an immaterial error, omission, deviation, or other immaterial defect, or permit a proposer to correct any immaterial error, omission, deviation, or other immaterial defect contained within a specific proposal. If granted a waiver, however, such waiver shall in no way modify the RFP documents or excuse the proposer from full compliance with the RFP requirements.

Proposals that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the proposer, may be rejected.

Award, if made, will be to the highest scored responsible proposal following the proposal evaluation and the application of preference points.

b) Technical Evaluation

The Department Evaluation Team shall determine a consensus scoring for each item in the Proposal based on the team’s verbal discussion of each Proposer’s responses. To determine the consensus scoring, evaluators will carefully review and discuss the quality and completeness of the Proposer’s response, as well as clarity of documentation presented in the proposals submitted in response to this RFP. The Department Evaluation Team will establish a score for each item based on the consensus of the team. The proposals will be evaluated and scored according to the criteria indicated below.

1) Overall Approach (45 points possible)

· Feasibility of work plan and schedule. Reasonableness of budget and link to goals.

· Consistency of proposed work plan with staff training requirements, as detailed in this contract

2) Qualifications and Experience of Company/Assigned Staff (35 points possible)

· Assigned staff’s creative, organizational, research, design, and writing abilities (depending on task assigned).

· Assigned staff’s track record in developing and implementing successful, creative marketing campaigns, including cause-related campaigns.

· Similarity between previous projects and the project described in this RFP.

· The success of past projects and any related work record, including success at meeting quantified performance goals.

· Experience of references in working with proposer and with assigned staff as relevant.

Methodology for assigning points for each criterion during the Technical Evaluation is as follows:

Exceptional (100% of points) – Proposer’s submittal demonstrates an exceptional understanding of, experience in, or capability regarding the criterion in question. Response is well thought-out and well presented. Proposer’s response is complete, addresses all aspects of the topic and does not require clarification.

Very Good (80% of points) – Proposer’s submittal demonstrates a very good understanding of, experience in, or capability regarding the criterion in question. Response is generally well thought-out and well presented. Overall, proposer’s response is complete, addresses major aspects of the topic, and requires minimal clarification.

Satisfactory (60% of possible points) – Proposer’s submittal demonstrates a satisfactory understanding of, experience in, or capability regarding the criterion in question. Overall, proposer’s response addresses some aspects of the topic but may require multiple areas of clarification.

Marginal (40% of possible points) – Proposer’s submittal demonstrates a marginal understanding of, experience in, or capability regarding the criterion in question. Overall, proposer’s response did not address major aspects of the topic and requires multiple areas of clarification.

Unsatisfactory (20% of possible points) – Proposer’s submittal did not demonstrate satisfactory understanding of, experience in, or capability regarding the criterion in question. Overall, proposer’s response did not address a majority of the aspects of the topic.

Zero (0) – Proposer’s submittal was blank or missing or deemed non-responsive.

c) Interview for top scored proposals (20 points) If deemed necessary by the Evaluation Team, the contractors who submit the proposals that are the two highest scored will be interviewed by the Evaluation Team. The interview will be over the telephone or video conferencing. Scoring for the interview will be based on responses to a set of patterned questions designed to elaborate on the contractor’s knowledge and experience.

d) Preference Point and Cost Points Calculation

1. Small Business (SB) or Microbusiness (MB) Enterprise Preference (collectively, the “Small Business Preference”)

a. Government Code section 14835 et seq. requires that a five percent (5%) preference be given to proposers who qualify as a SB or MB.

b. The small business preference is calculated based on the total points scored by the highest-scoring non-SB/MB proposer during the evaluation (if that proposer is the highest-scoring proposer before application of any incentive or preference percentage) and shall be computed as follows: if a non-SB/MB business has earned the highest point count, a preference equal to 5% of that total point score shall be computed and shall constitute the Small Business Preference points. The preference points shall be added to the total points of all responsive State-certified SB and MB proposers.

**If the highest-scoring proposal before application of any incentive or preference percentage is a non-SB/MB proposer.

c. Proposers claiming the Small Business Preference must complete the Bidder Declaration Form, GSPD-05-105 (available at http://www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf). Although not required to be deemed responsive, proposers claiming the Small Business Preference should also attach a copy of their SB/MB certification. A proposer may claim the Small Business Preference if the proposer submits a complete application for certification to DGS/OSDS by 5:00pm on the RFP proposal due date.

d. If a proposer is not a certified SB or MB but wishes to be eligible for the five percent (5%) preference applicable to SB/MB, the non-SB/MB proposer must subcontract at least 25 percent (25%) of its proposed price to one or more certified SB or MB. If claiming the five percent (5%) preference, the proposer must complete the Proposal/Proposer Cover Sheet, Attachment 2, and Bidder Declaration form, GSPD-05-105 (available at http://www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf), with the names of all certified SB/MB firms being claimed for credit. Attach a copy of the subcontractor’s Certified SB/MB certificate for each SB/MB subcontractor and a copy of all SB/MB subcontractors’ quote(s) to the Bidder Declaration form, GSPD-05-105.

e. Certified SB and MB proposers shall have precedence over non-SB/MB proposers in the application of the Small Business Preference. This rule applies to those cases where the SB/MB proposer is the highest-scoring proposer, as well as to those cases where the SB/MB proposer is eligible for award as the result of application of the Small Business Preference. The Small Business Preference may not be applied to any proposal deemed non-responsive with the RFP instructions (see Section VII, “Procedures Governing Submission of Proposals” below) or from a non-responsible proposer (see Section IV, “Minimum Qualifications” above).

f. Please note that the Prompt Payment Act (Gov. Code § 927 et seq.) encourages State government agencies to expeditiously pay invoices by imposing penalty assessments for late payments of invoices to contractors, including certified SB and MB. Thus, the Prompt Payment Act encourages SB and MB to stamp their invoices to identify invoices subject to the penalty if not paid within the specified time.

g. Questions regarding the certification approval process or the SB/MB program should be directed to DGS, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) at (800) 559-5529 or (916) 375-4940. For the 24-Hour Recording & Mail Request call (916) 322-5060 or E-mail: osdshelp@dgs.ca.gov. Forms and additional information are available at: http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

2. Target Area Contract Preference Act (TACPA)

a. The TACPA program was established to stimulate economic growth and employment opportunities in designated areas throughout the State of California. (Gov. Code §§ 4530 et seq.)

b. The TACPA preferences provide proposal selection preferences of 5% for eligible worksites and 1% to 4% for hiring eligible workforce employees. (Note that the TACPA Workforce Preference cannot be claimed unless the TACPA Worksite Preference is also being claimed.)

If applicable, the preferences will be calculated based on the lowest Cost Proposal submitted by all proposers (see Section VI.E below). For purposes of determining final Cost Points, any applicable TACPA preference will be applied prior to converting the Cost Proposals into Cost Points (see Section VIII.D below). (See 2 CCR § 1896.36 [stating TACPA preferences “shall be granted in an amount equal to a corresponding percentage of the price offered by … the lowest responsible proposal”].)

Please note the TACPA program does not affect how Cost Proposals (and therefore, Cost Points) are used to calculate the Small Business Preference or the DVBE Incentive, as percentages under both of those programs are calculated without consideration of any other incentive or preference program. (See Sections VI.A.1.b above and VI.B.3 below.)

c. The Department of General Services (DGS), Procurement Division (PD), Dispute Resolution Unit (DRU) oversees the TACPA program and evaluates all TACPA applications.

d. This RFP references TACPA preference request and documentation forms. Please carefully review the forms and requirements before submitting as part of a proposal. Proposers are not required to apply for TACPA preferences. Denial of the TACPA preference request is not a basis for rejection of a proposal.

TACPA Preference Request (STD 830):

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

Proposer’s Summary of Contract Activities and Labor Hours (DGS/PD 526):

http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf

e. The State, as part of its evaluation process, reserves the right to verify, validate, and clarify all information contained in a proposal. This may include, but is not limited to, TACPA preference information from proposers, subcontractors, and any other sources available at the time of the proposal evaluation. Proposer refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State’s request may result in denial of a requested TACPA preference.

f. If the resulting contract is awarded with an applied TACPA preference, the contract will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce preference programs.

g. Any questions regarding the TACPA preference should be directed to the Department of General Services, Procurement Division at (916) 375-4609.

Because the Department is using the secondary method RFP process, a process in which the resulting contract is awarded based on highest points scored overall, submitted Cost Proposals must be converted into Cost Points using a formula.

Points for highest-scoring non-SB/MB proposal** x .05 = Small Business Preference However, since the TACPA program allows for preference percentages to be applied to the lowest-submitted, responsible Cost Proposal prior to conversion of Cost Proposal dollar amounts to Cost Points, the calculation of Cost Points (for purposes of determining the proposal with the highest points scored overall) must be done one of two ways, depending on whether a proposal has claimed TACPA preference(s) or not.

If no proposer claims TACPA preference(s), the proposal with the lowest Cost Proposal will receive the maximum score of 30 points. All other submitted Cost Proposals will receive Cost Points proportionate to the Cost Proposal receiving the maximum Cost Points as follows:

Possible Points

Cost Points

Proposer’s Cost

If at least one proposer claims TACPA preference(s), the proposer(s) claiming TACPA preference(s) will have their Cost Proposals adjusted based on the TACPA Worksite and Workforce Preferences, as applicable. After adjustment to Cost Proposals following application of the TACPA preference(s), Cost Proposals will be converted to Cost Points using the same methodology as specified in Section VIII.D.1 above.

Please note that no TACPA preferences will be granted for any proposal unless all responsive Cost Proposals exceed one hundred thousand dollars ($100,000).

e) Final Scoring, Adjustments, and Tie-breakers The first step in determining final point scores for proposals is to add total non-Cost Points to Cost Points (with or without TACPA adjustment, as applicable) and any applicable Small Business Preference Points. This final amount represents the final points total for determining the highest-scoring proposal.

Fractional points will be rounded to two decimal points.

In the event of a precise tie, the names of the proposers will be printed on paper, placed in a container, and one name drawn by a designated member of the Department Evaluation Team. The first name drawn will be the successful proposer, or if applicable, the tie will be broken in accordance with Government Code section 14838(f).

1. Award and Protest

a) Notice of the proposed award shall be posted in a public place in the office of California Coastal Commission, 455 Market Street, Suite 200, Room 228, San Francisco, CA 94105 and on the following website: www.coastal.ca.gov for five (5) working days prior to awarding the agreement.

b) If any proposer, prior to the award of agreement, files a protest with the California Coastal Commission and the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, 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 Department of General Services has decided the matter. It is suggested that you submit any protest by email to Vickie.Tse@coastal.ca.gov and OLSProtests@dgs.ca.gov.

c) Within five (5) days after filing the initial protest, the protesting proposer shall file with the Department of General Services, Office of Legal Services and the California Coastal Commission a detailed statement specifying the grounds for the protest.

d) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the DGS website at https://www.dgs.ca.gov/Resources/Statewide-Forms. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

e) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

1. 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) Proposal packages may be returned only at the proposer’s expense, unless such expense is waived by the awarding agency.

1. Agreement Execution and Performance

a) Performance shall start no later than 10 days, or on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor’s Proposal price and the actual cost of performing work by another contractor.

b) All performance under the agreement shall be completed on or before the termination date of the agreement.

D)

PREFERENCE PROGRAMS

1) Small Business Preference: https://www.dgs.ca.gov/PD/Services. The proposer must be qualified to do business in California. A five percent (5%) preference will be given to respondents who qualify as a small business, in compliance with 14835, et. Seq. of the California Government Code. See Attachment 2, Bid/Proposer Certification Sheet, and follow completion instructions.

2) Target Area Contract Preference Act (TACPA): https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Policy-Training-and-Customer-Service/Dispute-Resolution-Unit?search=tacpa%20info. The TACPA program was established to stimulate economic growth and employment opportunities in designated areas throughout the State of California. (Gov. Code §§ 4530 et seq.) The Department of General Services (DGS), Procurement Division (PD), Dispute Resolution Unit (DRU) oversees the TACPA program and evaluates all TACPA applications.

3) Disabled Veteran Enterprise Program (DVBE): https://www.dgs.ca.gov/PD/Services. State law, Public Contract Code Section 10115, establishes a contract participation goal of at least three percent (3%) for disabled veteran business enterprise (DVBE). This goal applies to a state agency’s overall contracting program. The Disabled Veteran Business Enterprise requirements are waived for this Request for Proposal.

ATTACHMENT 1 – PROPOSAL PACKAGE CHECK LIST

A complete proposal or proposal package will consist of the items identified below.

Complete this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State. For your proposal to be responsive, all required attachments and this checklist must be included in your proposal package.

Attachment Attachment Name/Description

_____ Attachment 1 Attachment Check List (Required)

_____ Attachment 2 Proposal/Proposer Certification Sheet (Required)

_____ Attachment 3 Itemized Cost Proposal Sheet (Required)

_____ Attachment 4 Proposer References (Required)

_____ Attachment 5 Small Business Bidder Declaration (if applicable)

_____ Attachment 6 Target Area Contract Preference Act (TACPA) (if applicable)

_____ Attachment 7 DARFUR Contracting Act Form (Required)

_____ Attachment 8 California Civil Rights Laws Certification Form (Required)

_____ Attachment 9 Payee Data Record STD 204 (Required)

_____ Attachment 10 Generative Artificial Intelligence (GenAI) Disclosure (Required)

ATTACHMENT 2 – PROPOSAL/PROPOSER CERTIFICATION SHEET

This Proposal/Proposer Certification Sheet must be signed and returned along with all the “required attachments” with original signatures. The proposal must be transmitted in a sealed envelope in accordance with RFP instructions.

The signature affixed hereon and dated certifies compliance with all the requirements of this proposal document and certifies compliance with the Unruh Civil Rights Act (CC § 51 et seq.) and the California Fair Employment and Housing Act (“FEHA”) (commencing with Government Code section 12960), as required by PCC section 2010.

The signature below authorizes the verification of this certification.

An Unsigned Proposal/Proposer Certification Sheet May Be Cause for Rejection

3. Address

Indicate your organization type:

Indicate the applicable employee and/or corporation number:

9. Indicate applicable license and/or certification information:

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as:

a. California Small Business Yes |_| No |_| If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes |_| No |_| If yes, enter certification number:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Completion Instructions for Proposal/Proposer Certification Sheet

Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are…