RFP-25-006_Parliamentarian_v03.13.26.pdf

CALIFORNIA ARTS COUNCIL

RFP-25-006

Parliamentarian Services version 03/13/2026

REQUEST FOR PROPOSAL – Primary Method Release Date: Friday, March 13, 2025 by 5 PM Notice to Prospective Proposers: Single Award

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.

Respond to this Request for Proposal (RFP) pursuant to Public Contract Code sections 10340 to 10345 (see State Contract Manual, Volume 1, Section 5.25). In submitting your proposal, you must comply with the instructions listed in this RFP document.

Proposers are encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submittal of proposals is the responsibility of the proposer and cannot be overemphasized. Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses (CCC 4/2017) and may be viewed and downloaded at the following website: https://www.dgs.ca.gov/ols/resources/page-content/office-of-legal-services-resources-list-folder/standard-contract-language.

In the opinion of the CAC, this RFP is complete and without need of explanation.

If potential bidders have additional questions regarding intent, expectations, or other topics pertaining to this RFP, please send them to 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 https://www.dgs.ca.gov/ORIM https://www.dgs.ca.gov/ORIM https://view.publitas.com/ca-arts-council/2019-ca-native-artists-community-led-meeting/page/1 https://www.dgs.ca.gov/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 proposal received if the State determined that it is in the State’s best interest to do so.

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

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

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

Contact Information for Request for Proposal No. RFP-25-006 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 & PURPOSE

II. QUALIFICATIONS

III. OBJECTIVES

IV. SCOPE OF SERVICES

V. DELIVERABLES

VI. PROPOSED COUNCIL MEETING DATES AND TIMES

VII. UNANTICIPATED TASKS (as needed)

VIII. CONTRACT TERM

IX. TRAVEL

X. KEY ACTION DATES

XI. QUESTIONS AND ANSWERS

XII. MANDATORY BUSINESS REQUIREMENTS

XIII. RFP SUBMISSION INSTRUCTIONS

XIV. RFP EVALUATION PLAN

XV. PREFERENCE AND INCENTIVE PROGRAMS

XVI. PROTEST PROVISIONS

XVII. DISPOSITION OF PROPOSALS

XVIII. AWARD

XIX. TRAVEL

XX. POST EVALUATION FOR NON-IT CONSULTING CONTRACTS

XXI. BUDGET & PAYMENT PROVISIONS

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

XXIII. NON-IT SERVICES CONTRACTS CONFIDENTIALITY AND DATA

SAFEGUARDED (OEE 07/2025)

XXIV. SPECIAL TERMS AND CONDITIONS

XXV. REQUIRED ATTACHMENTS

I. BACKGROUND & PURPOSE

The California Arts Council (CAC) seeks a Professional Registered Parliamentarian (PRP) to provide on-call advisory and procedural consulting services to support the Council’s compliance with Robert’s Rules of Order and other applicable governance requirements. The primary purpose of this engagement is to strengthen meeting preparation, improve decision-making readiness, and reduce procedural risk by providing pre-meeting guidance rather than routine attendance at all Council meetings.

II. QUALIFICATIONS

The Contractor should demonstrate:

• A Professional Registered Parliamentarian (PRP).

(Credentialed through the National Association of Parliamentarians (NAP) and/or Certified Professional Parliamentarian from the American Institute of Parliamentarians (AIP)).

• Expertise in Robert’s Rules of Order.

• Experience serving as a parliamentarian for public bodies, boards, or commissions.

• Ability to provide clear, practical, and real-time procedural guidance to executive leadership and governing bodies.

• Familiarity with Bagley-Keene Open Meeting Act

• The Parliamentarian must currently possess the equipment, technology, and internet or wireless connectivity necessary to provide parliamentarian services remotely. Please note CAC primarily uses Zoom for meetings and/or Teams.

• Parliamentarian services will be conducted remotely and in person or live.

III. OBJECTIVES

The Parliamentarian will:

• Provide pre-Council meeting consultation as needed to:

o Prepare for complex or high-stakes votes o Advise on proper motion structure, amendments, substitutions, and voting sequences o Clarify procedural options under Robert’s Rules of Order o Identify procedural risks or pitfalls in advance of meetings

• Support procedural clarity, efficiency, and defensibility of Council actions.

• Attend and provide live support at up to three (3) Council meetings during the contract term.

IV. SCOPE OF SERVICES

A. Pre-Meeting Advisory Services (Primary Work)

The Contractor shall provide on-call and scheduled consultation in advance of Council meetings, which may include:

• Reviewing proposed agendas, action items, and staff recommendations for procedural soundness.

• Advising on:

o Whether items require motions, resolutions, or other formal actions o Proper sequencing of motions and amendments o Voting thresholds and procedural requirements o Handling of conflicts, abstentions, or recusals o Options for managing complex or contested items

• Coaching the Chair, Vice Chair, and executive staff on:

o How to frame motions and manage deliberation o How to respond to procedural challenges or points of order o How to keep meetings compliant and efficient

• Providing written or verbal guidance, decision trees, or procedural scripts as needed.

• Consultation may be provided by email, phone, or virtual meetings. The initial consultation will be a kick-off meeting to onboard the contractor with agency and council leadership.

B. Meeting Attendance and Live Support

The Contractor shall attend and provide live parliamentary support at up to three (3) Council meetings. At these meetings, the Parliamentarian shall:

• Advise the Chair in real time on procedural matters

• Assist with managing motions, amendments, substitutions, and votes

• Provide guidance on points of order and procedural disputes, if any arise

C. On-Call Support Between Meetings

The Contractor shall be available for reasonable ad hoc consultation during the contract term to address:

• Time-sensitive procedural questions

• Urgent issues related to upcoming votes or governance actions

• Interpretation of Robert’s Rules as applied to CAC-specific scenarios

V. DELIVERABLES

Pre-meeting procedural consultation for each scheduled Council meeting during the contract term (estimated up to eight (8) meetings).

Attendance and live support at three (3) Council meetings.

Written or verbal procedural guidance, as needed, including:

• Motion language recommendations.

• Voting process guidance.

• Procedural options and risk considerations.

VI. PROPOSED COUNCIL MEETING DATES AND TIMES

Meeting 1: February 6, 2026 – Non-Applicable / Already Passed Meeting 2: April 20, 2026 – Capitol Region Meeting 3: May 15, 2026 – Northern California Region Meeting 4: June 24, 2026 – Capitol Region Meeting 5: August 14, 2026 – Bay Area Region Meeting 6: September 2, 2026 – Capitol Region Meeting 7: October 23, 2026 – San Diego Region

Meeting 8: December 11, 2026 – Central Valley Meeting 1: CY 2027 Date and Location TBD (Please note dates and locations are subject to change.)

Meeting agendas, minutes, meeting packet and recording transcripts can be also found here: https://arts.ca.gov/about/council-meetings/.

To view current council appointees and council bylaws, please visit here:

https://arts.ca.gov/about/council-members/.

VII. UNANTICIPATED TASKS (as needed) For the purpose of this procurement, the State shall allow an amount equal to 10% of the total contract/purchase order (PO), to be added to the contract/purchase order to allow for the State required options/upgrades, unanticipated tasks and unforeseen components or labor, etc. necessary to complete the requirements as indicated within the Agreement.

All Unanticipated Tasks must be defined and authorized by a Work Authorization Form. Will require CAC’s approval.

Compensation for approved Unanticipated Tasks shall be consistent with the rates and terms established in this Agreement.

Unanticipated Tasks shall not after the fundamental purpose or overall scope of the Agreement.

VIII. CONTRACT TERM

The contract shall commence upon execution and continue for 10 months (or less), unless extended or terminated by mutual agreement.

IX. 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.

https://arts.ca.gov/about/council-meetings/ https://arts.ca.gov/about/council-members/

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.

X. 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.

Key Action Dates Deadline/Time (PST)

Release of Request for Proposal March 13, 2026 by 5 PM

Written Questions Due March 20, 2026 by 12 PM Answers to Questions Post Date on Cal eProcure

March 23, 2026 by 5 PM

Solicitation Submission Deadline

March 27, 2026 by 5 PM

Evaluation Period March 30, 2026 (approx.)

Notice of Intent to Award March 30, 2026 by 5 PM Protest Period (5 business days) April 1 – April 7, 2026 by 5 PM Contract Awarded April 8, 2026 (approx.)

Signing of the Contract April 8, 2026 (approx.)

DGS Office of Legal Services Approval (if applicable)

Can take up to 10 days

Contract Begins DGS OLS Approval Date *Note: March 31, 2026 is Cesar Chavez’s Day – State Holiday **The above Key Action Dates may be subject to change based on CAC’s business needs.

XI. 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 https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx http://www.arts.ca.gov/ solicitation number in the subject line when submitting questions. For example, “RFP No.: RFP-25-006 Questions”.

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

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.

XII. MANDATORY BUSINESS REQUIREMENTS

• 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” (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.

• 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.

https://caleprocure.ca.gov/pages/index.aspx https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations 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.

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.

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 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

XIII. 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 Key Action Dates.

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

4. The solicitation must be submitted in a non-editable PDF, except for the

Cost Proposal Worksheet, which must be in Excel format.

5. The Publicist Lead and key personnel resumes/CVs should also be submitted in non-editable PDF.

6. The Solicitation must be entirely in English.

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

Required Attachments and Mandatory Business Documents Checklist.

8. 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.

9. 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.

a. Include the RFP number in the subject line of the email of your submission. For example: RFP-25-006 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.

mailto:Procurement@arts.ca.gov mailto:Carla.Pareja@cac.ca.gov

5. The entire Solicitation must be received in Procurement@arts.ca.gov inbox by the date and time listed in 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-25-006) 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.

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-25-006 Submission – Original submission.

RFP-25-006 Resubmit #1 – To modify the original submission.

RFP-25-006 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.

mailto:OLSProtests@dgs.ca.gov https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx https://www.dgs.ca.gov/media/Divisions/PD/OSDS/Certification/CUF/CUFEvaluationandDeterminationWorksheet.pdf

12. CAC, at its sole discretion, may request information from the bidder as part of Phase One described in the Evaluation Plan & Scoring (attachment). 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, 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-25-006 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 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.

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

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.

20. Cal eProcure is the official posting site for RFP-25-004 Publicist. Should bidders encounter issues with Cal eProcure, you can reach their System Support Division via email Vendor@fiscal.ca.gov or call them at 1-855- 421-6355.

XIV. RFP EVALUATION PLAN

A. Phase One: Administrative Criteria B. 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.

C. Phase Two: Cost Criteria – The responsive and responsible bidder with the lowest cost will be awarded.

D. Sample Final Proposal Tabulation: RFP – Primary Method

BIDDER A B C

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

Phase Two: Cost Proposal Initial Ranking SB Preference Points2

2 https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-04 https://www.dgs.ca.gov/ols/resources/page-content/office-of-legal-services-resources-list-folder/standard-contract-language https://www.dgs.ca.gov/ols/resources/page-content/office-of-legal-services-resources-list-folder/standard-contract-language mailto:Vendor@fiscal.ca.gov

DVBE Incentive 1Percentage DVBE Incentive Points Adjusted Final Score (including SB and DVBE points)

Final Scores Final Ranking

E. 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 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.

F. 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.

1 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

XV. 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;

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

• Is 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).

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.

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

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

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

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

4. 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.

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

6. 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.

7. 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.

8. A bidder/bidder 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”.

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

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

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

2. 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.

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

a. Provide proper withhold notification to prime contractors.

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

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

d. 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.

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

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

XVI. 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. Otherwise, the State must give at least give (5) working days between Notice of Intent to Award and the actual award date (PCC 10345 (b)(2)).

C. All protests must be made in writing and must contain a detailed statement of the reason for protest, citing the law, rule, regulation, or procedures on which the protest is based. The protester must provide facts and evidence to support the claim. The written statement of protest must include the RFP #, name of the State agency involved and the agency contract person.

Protests must be sent to the following:

(1) Department of General Services (DGS) Office of Legal Services (OLS) ATTN: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

(2) A copy of the detailed written protest must be emailed to CAC’s Procurement Analyst, Procurement@arts.ca.gov.

https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html mailto:OLSProtests@dgs.ca.gov mailto:Carla.Pareja@arts.ca.gov

D. Bidders can submit their protest of detailed written statement by certified or registered mail. Any protest must be received by DGS OLS and CAC within five (5) calendar days from the date of Notice of Intent to Award.

E. Failure by any Bidder to raise any concern related to the solicitation requirements within five (5) calendar days from the date of Notice of Intent to Award will be deemed a waiver of any claim regarding the contract award relating to the solicitation requirements.

F. Grounds for Protest:

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

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

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

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

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

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

XVII. 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. Solicitations may be returned only at the Bidder’s expense unless such expense is waived by the awarding agency.

XVIII. AWARD

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

https://www.sos.ca.gov/business-programs/business-entities/?lawCode=PCC&sectionNum=10345.

XIX. 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 bidders.

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 (see https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx). CAC reserves the right to request supporting documents, 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. See Mandatory Business Requirements.

XX. POST EVALUATION FOR NON-IT CONSULTING CONTRACTS

Pursuant to Public Contract Code, Sections 10367 and 10369, each contractor providing consultant services of $5,000 or more shall be advised in writing on the standard contract that the performance will be evaluated.

A. One Contract/Contractor Evaluation, form STD 4, must be prepared within 60 days of the completion of the contract. The form shall be uploaded into FI$Cal and kept as part of the procurement file.

B. The agency shall document the performance of the contractor in doing the work or in delivering the services for which the contract was awarded.

C. The evaluations shall remain on file by the agency for a period of 36 months.

If the contractor did not satisfactorily perform the work or service specified in the contract, the agency conducting the evaluation shall place one copy of the evaluation form in a separate agency contract file and send one copy of the form to DGS Office of Legal Services (OLS) within five working days of the completion of the evaluation.

D. On filing an unsatisfactory evaluation with DGS/OLS, the state agency shall notify and send a copy of the evaluation to the contractor within 15 days. The contractor shall have 30 days to prepare a statement defending his or her performance under the contract and to send it to the agency and the department. The contractor’s statement shall be filed with the evaluation in the agency’s separate contract file and in DGS/OLS’s files.

https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf?sectionNum=10367.&lawCode=PCC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10369.&lawCode=PCC

XXI. BUDGET & PAYMENT PROVISIONS

Invoicing and Payment A. For services satisfactorily rendered, and upon receipt and approval of the invoice(s) by the Contract Manager, the CAC agrees to compensate, in arrears, the Contractor for actual expenses incurred in accordance with the rates specified herein and hereto—Cost Worksheet and STD 213.

B. The total amount payable by the CAC for this Agreement shall not exceed the amount on the STD 213. It is understood and agreed that this total is the maximum amount payable to the Contractor and actual services rendered may be less, and payment therefore, may be less.

C. Invoices shall be emailed to the Contract Manager no later than thirty (30) days after the service has…