RFP-25-005_Event_Producer_v12.10.25.pdf

CALIFORNIA ARTS COUNCIL

RFP-25-005

50th Anniversary Event Producer Revised 12/10/2025

REQUEST FOR PROPOSAL – Secondary Method

Release Date: Friday, December 5, 2025 Notice to Prospective Bidders: SINGLE AWARD

California Arts Council 50th Anniversary Event Producer

The California Arts Council (CAC) intends to award a contract to a single vendor for the services outlined below. CAC seeks proposals from 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, and 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.

Note: This procurement will be exempted from the Small Business and DVBE requirements.

The California Arts Council (CAC) intends to award a contract to a single bidder for the services outlined below. This Request for Proposal (RFP) is pursuant to Public Contract Code sections 10340 to 10345 (see 25). State Contract Manual, Volume 1, Section 5.25).

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.

Bidders 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 bidder and cannot be overemphasized. Note that all agreements entered into with the State of California will include references to 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.

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 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://view.publitas.com/ca-arts-council/2019-ca-native-artists-community-led-meeting/page/1 https://view.publitas.com/ca-arts-council/2019-ca-native-artists-community-led-meeting/page/1 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 https://www.dgs.ca.gov/ols/resources/page-content/office-of-legal-services-resources-list-folder/standard-contract-language topics pertaining to this RFP, please send them to Procurement@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 bid received if the State determined that it is in the State’s best interest to do so. The State may reject any bid that is conditional or incomplete.

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

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

Contact Information for RFP # RFP-25-005 Name: Carla Pareja Title: Procurement Analyst Email: Procurement@arts.ca.gov https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx mailto:Procurement@arts.ca.gov

Table of Contents

I. BACKGROUND

II. PURPOSE

III. KEY ACTIVITIES

IV. DESIRABLE QUALIFICATIONS:

V. TRAVEL

VI. KEY ACTION DATES

VII. QUESTIONS AND ANSWERS

VIII. PROPOSAL REQUIREMENTS

IX. MANDATORY BUSINESS REQUIREMENTS

X. RFP SUBMISSION INSTRUCTIONS

XI. RFP EVALUATION PLAN

XII. PREFERENCE AND INCENTIVE PROGRAMS

XIII. PROTEST PROVISIONS

XIV. DISPOSITION OF PROPOSALS

XV. AWARD

XVI. TRAVEL

XVII. POST EVALUATION FOR NON-IT CONSULTING CONTRACTS

XVIII. BUDGET DETAIL & PAYMENT PROVISIONS

XIX. GENERAL TERMS AND CONDITIONS (GTC 02/2025)

XX. EXHIBIT E: Non-IT Services Contracts Confidentiality and Data Safeguards

XXI. SPECIAL TERMS AND CONDITIONS

XXII. REQUIRED ATTACHMENTS

XXIII. APPENDIX 1 – Donations/Gift Levels

I. BACKGROUND

This RFP is for an event producer for California Arts Council’s 50th Anniversary Awards Ceremony. The event will recognize the impact and legacy of the original founding members of the Council, Californian artists, arts leaders, and arts organizations that have made a significant contribution to the cultural and civic life of our great state.

II. PURPOSE

To manage and execute the CAC’s 50th Anniversary Awards Ceremony in collaboration with the Council’s Ad Hoc 50th Anniversary Committee Members, CAC Executive Team, other CAC staff and strategic partners.

III. KEY ACTIVITIES

The Event Producer will be responsible for the following:

• Lead planning, production, and execution of the 50th Anniversary Awards Ceremony.

• Collaborate with CAC staff and the Council’s Ad Hoc 50th Anniversary Committee to translate the event’s vision into reality.

• Serve as CAC’s intermediary to:

o Process vendor payments, consultant invoices, and expense reimbursements.

o Maintain detailed records of all transactions.

o Provide interim and final expenditure reports to the CAC.

• Collaborate with CAC to develop donation acknowledgement procedures.

• Identify, secure, and manage subcontracts for bidders, including:

o Venue (must allow alcoholic beverages) o Catering (nonalcoholic beverages and light appetizers) o AV/lighting technical support o Decor o Entertainment (MC, DJ, and live performers) o Security services, if needed o Janitorial/clean-up crew

• Create and manage a detailed project timeline with milestones.

• Facilitate design, distribution, and tracking of invitations and RSVPs.

• Coordinate program flow, run-of-show, scripts, rehearsals, and staging.

• Coordinate and secure awardees attendance (ground transportation, lodging, etc.). Airfare will be limited to economy class travel. Expenses for business-class or first-class travel will not be reimbursed. Event Producer’s travel is not reimbursable beyond parking fees for local travel associated with the scope of work.

• Manage event staffing (e.g., front of house, registration, stage manager).

• Provide on-site management during the event, ensuring all elements run smoothly.

• Participate in regular planning meetings with CAC and respond to feedback.

• Deliver post-event wrap-up, including final report, photos, and metrics of success to include: number of invitations sent, number of RSVPs, and number of attendees in participation.

• Troubleshoot problems in real-time to keep the show running smoothly.

• Act as the central point of contact for parties involved.

• Work collaboratively with event publicist.

The event will be held in Sacramento and will be a business casual styled event.

The venue should have an event space separate from the public that is appropriate for an awards show or red-carpet event. Event parking will be billed and reflected in the venue costs. Valet parking services will not be reimbursed.

The event will be for 2 hours maximum. The venue rental shall not exceed 4.5 hours. The venue selected will need to be available before the event for set up and after the event for breakdown and clean up. In addition, the venue will need to be accessible the day before the event for a dry run of the event, walkthrough and technology review.

Intermediary Roles and Responsibilities:

• Direct raised donations and sponsor contributions to the CAC for acceptance.

• Itemized list of disbursements must be documented, traceable and auditable.

• Responsible for ensuring expenses are paid on time and align with CAC’s approved budget.

• Responsible for creating realistic budgets and provide monthly expenditure reports to CAC.

• Responsible for ensuring funds are used only for authorized and allowable purposes.

• Responsible for timely and proactive communication with CAC on any matters related to this agreement.

• Abide by all laws, regulations and policies tied to the funds.

• Disclose any discrepancies, issues, errors, risks or conflicts to CAC immediately.

IRS Relationship:

CAC reports funds. Contractor (i.e., fiscal agent) prepares and furnishes all the necessary reports to CAC as needed or upon completion of the contract.

Deliverables:

• Event production timeline & master plan.

• Expenditure tracking system and monthly expense reports.

• Donation acknowledgement and in-kind tracking tools.

• Vendor list and signed subcontracts:

o Venue (must allow alcoholic beverage) o Catering (nonalcoholic beverages and light appetizers) o AV/lighting technical support o Decor o Entertainment (MC, DJ, live and performers) o Security services, if needed o Janitorial/clean-up crew o Contractor shall not subcontract work without prior to written approval of the State (CAC). Subcontracts must include all applicable terms of this Agreement. Must comply with business license and insurance & liability requirements, indemnification, nondiscrimination, etc. Must provide small business certifications, if applicable. If bidder already knows their subcontractor—for the following services--prior to awarding the contract, please provide on Attachment 3 - Bidder Declaration GSPD-05-105.

• Run-of-show & script.

• Final event budget.

• Awardee travel and lodging confirmations.

• Day-of event production.

• Final vendor payments.

• Post-event summary report with lessons learned.

High-Level Schedule of Activities:

January 2026 – January 2027 Contract term January 2026 Event production timeline & master plan February 2026 Final Event Budget & Fund Disbursement

Plan and Policy March 2026

Event Producer-Led/Staggered Procurement

Additional Details:

Budget Up to $90,000 (maximum). Contractor may request up to 25% advance of contract award amount. Contract expenses are otherwise secured on a reimbursement basis after deliverables are approved.

Estimated Attendees Up to 250 attendees.

Venue The venue should provide functional basics (space, furniture power, catering support, and proper staff for an event). The venue possesses all the necessary state and city insurance and licenses to operate. The venue must furnish all the necessary/required insurance, Certificate of Insurance naming the State of California (CAC) as additionally insured city/county, licenses, certificate of occupancy prior to booking and paying for the venue. If alcohol will be served, the venue will need to provide a California Department of Alcoholic Beverage Control (ABC) License. CAC will need a copy of the Fire Marshall Permits, Health Department Permit, Entertainment Permit and/or Noise Ordinance Compliance. The venue must comply with the Americans with Disabilities Act (accessible entrances, restrooms, seating).

Winning bidder secures the final vendors after award. Final vendor agreements to be submitted for:

• Venue

• Catering

• AV/lighting technical support

• Decor

• Entertainment (MC, DJ, live and performers)

• Janitorial/Clean-up crew

March 2026 Final Run-of-Show & Script April 2026 Event Day August 2026 Post Event Summary Report Due January 2027 Submit Final Invoice

Travel This contract may require the event producer, their team and/or bidders (pre- and post-award) to travel locally in the Sacramento area. Travel reimbursement is capped at $5,500. Lodging reimbursement is capped at $7,500.

IV. DESIRABLE QUALIFICATIONS:

• At least five (5) years planning and leading, managing event production scope, cost and bidder relationships effectively for formal or high-profile events with a budget of $40,000 through $100,000 and 200 to 1,000 attendees.

• Cultural competency to work with diverse communities and geographies.

• Experience working with non-profits and/or government agencies.

• Ability to manage tight timelines.

• Strong collaboration skills.

V. TRAVEL

The Contractor will work from their own office location. The project may require the contractor to travel to the CAC office located at: 2750 Gateway Oaks Drive, Suite 300, Sacramento, CA 95833 or venues or meet with prospective vendors.

Please note that travel-related expenses are part of the contract and cannot be billed as extras beyond the contract bid. Proposals should reflect these expected expenses accordingly. Travel and lodging reimbursements shall be in line with the travel costs and reimbursements associated with state travel https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. CAC reserves the right to request supporting documents, including but not limited to, invoices, receipts (proof of payment by the contractor), itinerary and the like.

Contractor must furnish supporting documents of travel upon requests. The State reserves the right to request proof of automobile liability insurance at any time.

Selected Event Producer travel is limited to parking fees associated with venue site visits in the Sacramento region. See Mandatory Business Requirements.

VI. KEY ACTION DATES

The following dates may be subject to change. Please visit the Cal eProcure posting on a regular basis in case changes or revisions are made to the RFP.

Please note the dates and times may shift and are subject to change.

https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

Key Action Dates Deadline/Time (PST) Release of Request for Proposal 12/05/2025 at 5 PM

Bidder’s Pre-Conference (nonmandatory)

12/11/2025 at 11 AM 12/15/2025 at 11 AM (Mon.)

Registration required.

Here’s the link:

https://us06web.zoom.us/webinar/register /WN_ASAR8Ue9R8GKB4k7q8adNQ

Written Questions Due 12/15/2025 by 5 PM 12/16/2025 by 5 PM (Tues.)

Answers to Questions Post Date on Cal eProcure

12/17/2025 by 5 PM

Solicitation Submission Deadline

12/22/2025 by 5 PM

Evaluation Period (tentative) 12/23/2025 – 12/30/2025 Notice of Intent to Award (tentative)

12/30/2025 by 5 PM

Protest Period (5 business days)

12/30/2025 at 5 PM – 01/06/2026 by 5 PM

Contract Signing (tentative, if no protest)

1/07/2026 – 01/08/2026

Contract routed to DGS OLS for review and approval

01/08/2026 – 01/09/2026

Contract Begins At least upon DGS OLS approval date.

VII. QUESTIONS AND ANSWERS

• Questions about this RFP must be submitted directly to CAC’s Procurement Analyst, Procurement@arts.ca.gov, and must be received by the date and time listed in Section IV: Key Action Dates. Please refer to the solicitation number in the subject line when submitting questions. For example, “RFP No.: RFP-25-005 Questions”.

• All questions will be answered via a formal addendum to this RFP. No questions will be answered directly via email or by phone.

https://us06web.zoom.us/webinar/register/WN_ASAR8Ue9R8GKB4k7q8adNQ https://us06web.zoom.us/webinar/register/WN_ASAR8Ue9R8GKB4k7q8adNQ http://www.arts.ca.gov/ o When published, 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.

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

VIII. PROPOSAL REQUIREMENTS

NOTE: Bidders are permitted to submit up to ten (10) pages which must contain your narrative, team description, capacity and risk management, work examples and references. The bidders’ individual team member’s resumes/ curriculum vitae (CVs) and the Cost Proposal Worksheet (Attachment 5) will be in addition to the 10-page limit.

• Narrative: Describe the overall concept or approach to the work and values that will guide this approach. Narrative will show how bidder will manage the scope, cost and bidder relationships. Provide a high-level description of proposed activities, including discussion of potential challenges you anticipate encountering in completing this work and how you will overcome them. Please describe any issues or challenges that you foresee about the timeline outlined in the RFP.

• Team Description and Roles: Identify and describe the Event Producer Lead and key personnel who will be leading this project with specific examples of their relevant experience.

o For the purpose of this RFP, key personnel are defined as bidder’s staff who will exercise major management and/or administrative role on behalf of the bidder. Key personnel also includes individuals who are responsible for completing or assisting with the completion of deliverables.

• Capacity and Risk Management: Describe the capacity to deliver the event within the proposed timeframe. Describe contingency plans and the approach.

• Work Examples:

o Describe relevant experiences producing similar events (arts, cultural, nonprofit, government, or awards ceremonies preferred).

o Provide at least two examples of comparable events, include links to available videos and photos or press coverage, if available.

• Cost Proposal Worksheet (Attachment 5): Provide a financial budget for your proposal using the attached Cost Proposal Worksheet provided to accomplish the scope of work and program approach.

https://caleprocure.ca.gov/pages/index.aspx o Provide hourly rate(s) for the Event Producer Lead and key personnel.

o Provide other direct costs to be incurred for the event.

o Only one (1) cost proposal will be accepted.

o Cost Proposals submitted not using the Excel template will be deemed nonresponsive.

o Cost Proposals exceeding the maximum budget will be deemed nonresponsive and/or receive zero (0) cost points.

• References: Provide at least three (3) professional references who can attest to the Bidders prior experience in event production. Please provide the company name, contact person, email address, telephone number and brief description of the Bidder’s event production experience they can speak to.

• Resumes/CVs: Provide individual resumes/CVs (2-page max) for the Event Producer Lead and key personnel proposed to work on this project. Individual biographies will not be accepted nor replace individual resumes/CVs.

IX. MANDATORY BUSINESS REQUIREMENTS

The California Arts Council (CAC) intends to award a contract to a single vendor for this RFP. CAC seeks proposals from 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, and organizations with a joint powers agreement based in California to respond to this Request for Proposal (RFP).

• Bidder must be based in the State of California, have a physical presence in the State, doing business in the State, and is currently qualified to do business in California during the RFP process, contract award date and throughout the terms of the Agreement.

• The California Arts Council (CAC) seeks proposals only from California-based nonprofit organizations that currently hold a valid 501(c)(3) tax-exempt status (and have maintained such status for multiple consecutive year).

California based nonprofits with a valid 501 (c)(3) federally tax exempt organizations. Bidders must provide a copy of their IRS designation letter or the like showing your tax-exempt status. You may view your organization’s status at https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations.

• “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” https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations

(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.

• A bidder’s applicable business type must be registered with the California Secretary of State.

o A bidder with the applicable business type must provide a copy of their registration with California’s Secretary of State to CAC. Please review the registration requirements and status of registration on the California Secretary of State website: https://www.sos.ca.gov/business-programs.

• Business license and/or a business tax certificate are required from bidders.

Bidders are responsible for procuring a business license. Contact your local government (city or county) to determine the licensure requirements for your business.

• State agencies are required to verify bidders 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. CAC will not enter into a contract with a bidder that has an existing negative evaluation with DGS

OLS.

• The bidder must not have an active state or federal tax liens, suspensions or delinquent filings.

o 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 bids and/or cancel Agreements with entities that appear on either list. Refer to the following:

§ To view your state tax status, please visit the Franchise Tax Board at: https://www.ftb.ca.gov/about-ftb/newsroom/top- 500-past-due-balances/index.html.

§ To view your sales tax status, please visit Department of Tax and Fee Administration: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm.

• Must be able to provide a copy showing appropriate liability insurance coverage and name CAC as an additional insured. Please see additional details on the State’s minimum insurance requirements.

https://www.sos.ca.gov/business-programs https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm o Refer to the following for details on minimum insurance required by the State of California: https://www.dgs.ca.gov/- /media/Divisions/PD/OSDS/Outreach/Resources/Contract- Insurance-Requirements.pdf o CAC reserves the right to request and submit copies of the bidder’s insurance to the Department of General Service’s Office of Risk and Insurance Management (ORIM) for review to ensure minimum insurance coverage are met, as required by the State.

§ Refer to https://www.dgs.ca.gov/ORIM.

X. RFP SUBMISSION INSTRUCTIONS

This RFP contains all instructions that govern the requirements for Solicitation 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:

1. Carefully read the entire RFP.

2. Submit all completed response(s) by the required dates and times. Refer to Section IV: Key Action Dates.

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

4. The bid must not exceed the 10-page limit. The 10-page limit does not include the Cost Worksheet or the resume/CV’s for the Event Producer Lead and key personnel.

a. The solicitation must be submitted in a non-editable PDF, except for the Cost Proposal Worksheet, which must be in Excel format.

i. The Event Producer Lead and key personnel resumes/CVs should also be submitted in non-editable PDF.

5. The Solicitation must be entirely in English.

6. Solicitation should be organized in the order as shown on Attachment 1:

Required Attachments and Mandatory Business Documents Checklist.

7. Bidders are responsible for ensuring that files can be accessed on both

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

8. All required documents must have all the necessary signatures and/or dates by the authorized personnel/agent.

B. Submission of RFP

1. The entire bid package must be submitted electronically via email to:

Procurement@arts.ca.gov.

https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf https://www.dgs.ca.gov/ORIM mailto:Procurement@arts.ca.gov

a. Include the RFP number in the subject line of the email of your submission. For example: RFP-25-005 Submission.

2. CAC will not accept bids submitted separately or piecemeal. However, if bidder encounter issues with file size, please advise the Procurement Analyst immediately: Procurement@arts.ca.gov or (916) 960-7549.

Bidders must give the Procurement Analyst at least 24 hours to respond to provide assistance.

3. The bidder is solely responsible for addressing and resolving all logistical or technical issues related to preparing and submitting your solicitation so that your solicitation is received by the deadline.

4. If CAC is unable to view, read and/or access your submission/files, the bid may be deemed nonresponsive.

5. The entire Solicitation must be received in Procurement@arts.ca.gov inbox by the date and time listed in Section IV: Key Action Dates. Bids received after this date and time will be considered late and will not be accepted. No exceptions.

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

7. The Solicitation must include all the required documents identified in Attachment 1 - Required Attachments and Mandatory Business Documents Checklist. Solicitations that do not include all the required documents shall be deemed non-responsive. A non-responsive bid is one that does not meet all the Proposal requirements.

8. A bid 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 bids and may waive any immaterial deviation in a bid. CAC’s waiver of immaterial defect shall in no way modify the RFP document or excuse the bidder from full compliance with all requirements, if awarded the Agreement.

9. If a bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, do inform the Procurement Analyst, Procurement@arts.ca.gov, of such error in writing upon discovery. Include the RFP number (RFP#: RFP-25-005) in the title of the email. All bids are submitted at the bidder’s own risk.

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

CAC.

mailto:Carla.Pareja@cac.ca.gov mailto:OLSProtests@dgs.ca.gov https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx

11. A bidder may modify a Proposal after its submission by withdrawing the original or prior Proposal and resubmit a new Proposal prior to the submission deadline via email to Procurement@arts.ca.gov. To notify CAC of the withdrawal of your prior submission and your plans to resubmit, bidders must use the email subject line heading:

RFP-25-005 Submission – Original submission.

RFP-25-005 Resubmit #1 – To modify the original submission.

RFP-25-005 Resubmit #2 – To modify the Resubmit #1.

Modifications initiated by the bidder in any other manner, oral or written, will not be considered. Proposals may not be withdrawn without cause subsequent to the submission deadline.

12. CAC, at its sole discretion, may request information from the bidder as part of Phase One described in Section X of the Evaluation Plan.

Information obtained from the bidder 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.

13. 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. CAC also reserves the right to contact any or all of the subcontractors listed, if any. Should a discrepancy exist between the answer provided and the proposal submittal, the proposal submittal will be considered correct.

14. At any time, CAC may modify this RFP, Section IV of 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-25-005 by visiting https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx.

15. 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 bidder violating this prohibition.

16. Bidders are cautioned not to rely on CAC during the assessment to discover and report to the bidder any defects or errors in the submitted https://www.dgs.ca.gov/media/Divisions/PD/OSDS/Certification/CUF/CUFEvaluationandDeterminationWorksheet.pdf https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx documents. Bidders, before submitting your documents, should carefully proof them for errors and adherence to the RFP requirements.

17. 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 bidder has submitted more than one Proposal for the work contemplated herein will cause the rejection of all Proposals submitted by that bidder. If there is a reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered in this or future procurements. DGS’ Procurement Division will be notified.

18. 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 General Terms and Conditions 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.

19. 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.

XI. RFP EVALUATION PLAN

A. Phase One: Administrative Criteria

1. Pass/Fail Review: Confirms bidder has submitted all required Bid components. At the time of Bid opening, each Bid will be checked for the presence or absence of required information/documents in conformance with the submission requirements of this. Refer to Attachment 15:

Evaluation Plan and Scoring Rubric.

B. Phase Two: Technical Criteria

1. For detailed description of the Phase Two review of technical criteria refer to Attachment 12: Evaluation Plan and Scoring Rubric.

C. Phase Three: Cost Criteria 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

1. Based on Cost Points Calculation: The Bidder with the lowest proposed cost will receive the maximum points. Other Bidders will be based on Cost Points Formula.

2. Formula: [Lowest Cost/Bidder’s Cost] x Maximum Points = Cost Points1.

D. Once scores are final, proposals will have applicable preferences and incentives applied. For more information refer to Section XI: Preference and Incentive Programs.

E. Sample Final Proposal Tabulation: RFP – Secondary Method

BIDDER A B C

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

Phase Two: Technical Proposal Score Phase Three: Cost Proposal Score Initial Ranking SB Preference Points2 DVBE Incentive 3Percentage DVBE Incentive Points Adjusted Final Score (including SB and DVBE points)

Final Ranking

F. Key Definitions:

1. 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.

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

a. In the event there is a tie between two or more bidders, the CAC

Procurement Analyst, Carla Pareja, shall contact each tied bidder to notify them of the tie and outline the resolution procedure. To determine the successful bidder, a coin toss will be conducted. The bidder whose Solicitation Response was received first based on the

1 All decimal numbers will be rounded to nearest thousandth place, if needed. For example: the rounding of 0.16789 will be 0.168.

2 https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-04 3 3 DVBE Incentive & Competitive Solicitations: https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-02 https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-02 official CAC electronic timestamp shall be granted the opportunity to make the initial call (“heads” or “tails”) prior to the toss.

Timestamp verification will be based on the time the submission was received by the CAC’s designated procurement system or email inbox, as applicable.

b. The coin toss will be conducted in person by at least two (2) authorized CAC staff members or designated members of the Evaluation Committee to ensure procedural integrity and impartiality. Tied bidders will be invited to witness the coin toss remotely via a secure video conferencing platform such as Zoom or Microsoft Teams. The outcome of the toss will be documented in the procurement file and communicated to all tied bidders immediately following the procedure.

G. 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.

XII. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business or Microbusiness Preference

1. This RFP does not include a mandatory Small Business (SB) participation requirement. However, a 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:

• 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 or Microbusiness 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).

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

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. This solicitation does not include a minimum DVBE participation requirement. DVBE incentive participation is optional and at the discretion of the proposing State Agency.

2. 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.

3. 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.

4. Companies who have been certified by the State of California as a DVBE must submit a completed DGS PD 843 (Disabled Veteran Business Enterprise Declaration) form. All disabled veteran owners and disabled veteran managers of the DVBE must sign the form.

5. 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.

6. 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.

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

8. 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:

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

b. 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.).

c. 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.

d. 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.

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

2. Method B – Non-DVBE Bidder:

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

b. 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).

c. 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.

d. 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.

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

f. DVBE Incentive Points Calculation

i. Bidder deemed responsive and responsible are eligible to receive the incentive.

3. 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:

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

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

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

d. 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.

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

f. CUF Evaluation and Determination Worksheet – Will be completed by CAC for the prime contractor and each subcontractors (whether they be SB/Micro, DVBE or not). Refer to the following website:

https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List- Folder/Commercially-Useful-Function-for-Certified-Firms.

g. A bidder/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.

h. A bidder/vendor and/or its subcontractor(s) is/are performing a commercially useful function when it will actually be executing the work per RFP or agreement, provide resources, labor, supervision, and/or supplies essential to the agreement and not merely acting as a broker, pass-through or “paper partner”.

4. 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)).

Certification of Payment Options – Military & Veterans Code §999.5 and §999.7(a) (SB 588)

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

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

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

o Provide proper withhold notification to prime contractors.

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

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

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

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

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

XIII. PROTEST PROVISIONS

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

B. If any Bidder believes that this RFP unnecessarily restricts their ability to submit a responsive proposal, the Bidder can submit a protest within five (5) calendar days from the date of Notice of Intent to Award.