RFP-25-017_Panelist_Technical_Assist_v06.18.26__final_.pdf

REQUEST FOR PROPOSAL – Secondary Method Release Date: June 18, 2026

Notice to Prospective Proposers: SINGLE AWARD RFP-25-017 Panelist Technical Assistance

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 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.

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

CALIFORNIA ARTS COUNCIL

RFP-25-017

Panelist Technical Assistance

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. In the Department field, type 8260 and then click on Search.

Contact Information for Request for Proposal No. RFP-25-017 Name: California Arts Council 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. PURPOSE

II. PROJECT GOAL

III. SCOPE OF WORK

IV. DELIVERABLES

V. MINIMUM & DESIRED QUALIFICATIONS

VI. BUDGET DETAIL

VIII. PROPOSAL REQUIREMENTS

IX. EVALUATION CRITERIA

X. KEY ACTION DATES

XI. QUESTIONS & ANSWERS

XII. MANDATORY BUSINESS REQUIREMENTS

XIII. RFP SUBMISSION INSTRUCTIONS

XIV. RFP EVALUATION PLAN

XV. PREFERENCE AND INCENTIVE PROGRAMS

XVI. TARGET AREA CONTRACT PREFERENCE ACT (TACPA)

XVII. PROTEST PROVISIONS

XVIII. DISPOSITION OF PROPOSALS

XIX. AWARD

XX. TRAVEL

XXI. POST EVALUATION FOR NON-IT CONSULTING CONTRACTS

XXII. BUDGET DETAIL & PAYMENT PROVISIONS

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

XXIV. SPECIAL TERMS AND CONDITIONS

XXV. NON-IT SERVICES CONTRACTS CONFIDENTIALITY & DATA SAFEGUARDS 49

XXVI. REQUIRED ATTACHMENTS

I. PURPOSE

The California Arts Council seeks a contractor to strengthen statewide technical assistance capacity for arts organizations while supporting the evaluation, enhancement, and long-term sustainability of panel operations used in grantmaking and program administration.

II. PROJECT GOAL

The selected contractor will develop scalable training resources, strengthen staff readiness for statewide service delivery, and assess opportunities to improve panel engagement, participation, operational effectiveness, and administrative efficiency.

III. SCOPE OF WORK

A. Technical Assistance Curriculum Development and Capacity Building

The contractor shall:

• Develop and refine technical assistance curriculum, training materials, and learning resources.

• Create scalable training modules capable of supporting statewide implementation.

• Develop facilitator guides, participant materials, and implementation tools.

• Create train-the-trainer resources and delivery standards.

• Develop recommendations for sustainable statewide technical assistance delivery models.

• Support staff readiness and capacity-building efforts related to technical assistance delivery.

B. Staff Training and Readiness

The contractor shall:

• Assess training needs and workforce readiness.

• Develop onboarding, coaching, and professional development resources.

• Create knowledge transfer and implementation tools.

• Support the development of standardized approaches for statewide technical assistance delivery.

• Provide recommendations for ongoing staff development and continuous improvement.

C. Panel Operations Assessment and Enhancement

The contractor shall:

• Assess existing panel administration, engagement, and support processes.

• Identify and implement opportunities to improve efficiency, consistency, participant experience, and administrative effectiveness in the short and long term.

• Review administrative processes related to panel participation, recognition, reimbursement methodologies, engagement strategies, operational support practices, and related administrative functions.

• Design and implement pilot activities, demonstrations, surveys, assessments, focus groups, or other evaluation activities intended to inform future panel support strategies.

• Develop recommendations for improving panel administration, participant support, operational efficiency, and overall program effectiveness.

• Produce findings, analyses, and recommendations that support future operational improvements and informed decision-making.

D. Strategic Plan Alignment Support

The California Arts Council is currently engaged with a separate contractor for strategic planning services.

The selected contractor shall not duplicate strategic planning activities.

Instead, the contractor may:

• Coordinate with the strategic planning contractor as directed by the California Arts Council.

• Align technical assistance and panel recommendations with strategic priorities identified through the strategic planning process.

• Participate in implementation planning discussions when requested.

• Develop implementation tools, training resources, operational recommendations, and supporting materials that assist the California Arts Council in carrying out strategic priorities established through the strategic planning process.

IV. DELIVERABLES

Deliverables may include:

• Technical assistance curriculum and training materials

• Facilitator guides and implementation resources

• Staff readiness assessments and recommendations

• Technical assistance delivery framework

• Panel operations assessment

• Panel engagement and sustainability recommendations

• Administrative process improvement recommendations

• Best practice research and environmental scans

• Pilot project summaries and findings

• Strategic alignment recommendations

• Quarterly progress reports

• Final report and implementation recommendations

• Intermediary services, as directed by the California Arts Council

V. MINIMUM & DESIRED QUALIFICATIONS

A. Minimum Qualifications

Proposers must demonstrate:

• At least five (5) years of experience providing technical assistance, training, capacity-building, organizational development, workforce development, or program support services.

• Experience serving arts organizations, nonprofit organizations, public agencies, cultural organizations, educational institutions, or community-based organizations.

• Experience developing curriculum, training programs, toolkits, learning resources, or statewide learning initiatives.

• Experience conducting organizational assessments, program evaluations, operational reviews, or process improvement projects.

• Experience facilitating stakeholder engagement, workshops, focus groups, listening sessions, or communities of practice.

• Demonstrated ability to produce written reports, recommendations, implementation plans, and technical guidance materials.

B. Desired Qualifications

Preference may be given to proposers demonstrating:

• Experience working with state arts agencies, public grantmaking entities, or statewide programs.

• Experience supporting peer review panels, advisory bodies, grant review processes, or stakeholder engagement initiatives.

• Experience evaluating operational workflows, administrative processes, and participant engagement systems.

• Experience conducting workforce, participation, engagement, or compensation model research and analysis.

• Experience designing scalable statewide service delivery models.

• Experience working with culturally diverse, rural, tribal, and historically underserved communities.

VI. BUDGET DETAIL

The total contract amount shall not exceed $200,000.

Bidders are required to complete a Cost Template to show the cost breakdown.

The California Arts Council anticipates allocating funding across technical assistance, curriculum development, training, panel operations assessment, panel engagement activities, process improvement initiatives, pilot activities, and related project deliverables. Actual funding distribution may vary based on project needs, contractor recommendations, and program priorities.

The State reserves the right to modify funding allocations and work priorities during the contract term.

VII. CONTRACT TERM

12 months or 1 year starting as early as the Department of General Services Office of Legal Services approved date.

VIII. PROPOSAL REQUIREMENTS

(10-page limit not including CVs, Cost Worksheet, References, Attachments & Mandatory Business Documents)

• Organizational Experience: Describe your organization's experience providing technical assistance, capacity-building, training, curriculum development, organizational development, or related services. Include examples of projects similar in scope and complexity.

Technical Assistance and Curriculum Development: Describe your proposed approach for developing curriculum, training resources, learning tools, and statewide technical assistance delivery models.

• Staff Readiness and Workforce Development: Describe your experience preparing staff, facilitators, trainers, or partners to deliver services consistently across multiple regions, communities, or audiences.

• Panel/Panelist Operations and Participant Engagement: Describe your experience assessing, supporting, improving, or evaluating panel operations, review processes, advisory bodies, stakeholder engagement programs, or similar initiatives.

• Process Improvement Methodology: Describe your approach to assessing administrative processes, identifying efficiencies, evaluating participant experiences, and developing recommendations for improvement.

• Equity, Accessibility, and Inclusion: Describe how your organization incorporates equity, accessibility, cultural responsiveness, and inclusion into training, engagement, capacity-building, and program design.

• Project Team Description and Experience: Identify the proposed project team and describe the qualifications, experience, and roles of key personnel.

• Project Team: CVs of all the employees who will be working on this contract. Each CV is limited to three (3) pages containing relevant experience appropriate for this project/RFP.

• Work Plan, Timeline, and Deliverables: Provide a proposed work plan, timeline, milestones, deliverables, and project management approach for completion within the one-year contract term.

• Cost Proposal Worksheet: Provide a financial breakdown of your proposal by using the attached Cost Proposal Worksheet provided (in Excel) to accomplish the scope of work and program approach. Cost Proposals submitted not using the attached or included template will be deemed non-responsive. Cost Proposals must be submitted in Excel. Any other format (if not in Excel) will be deemed nonresponsive.

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

• References: Please provide a maximum of three (3) professional references who can speak to your organization’s relevant experience to this scope of work and whose projects your organization completed within the last five (5) years. Please provide the company name, current contact person(s), email addresses and telephone number(s).

References must be reachable.

IX. EVALUATION CRITERIA

Evaluation Area (Total Points = 140)

1. Relevant Organizational Experience (20 pts)

2. Technical Assistance and Curriculum Development (20 pts)

3. Staff Readiness and Workforce Development (20 pts)

4. Panel/Panelist Operations and Participant Engagement (20 pts)

5. Process Improvement Methodology (20 pts)

6. Work Plan/Timeline and Deliverables (15 pts)

7. Project Team Qualifications (15 pts)

8. Equity, Accessibility and Inclusion Approach (10 pts)

Please refer to the Attachment 17 - Evaluation Plan & Scoring Rubric for complete details.

X. KEY ACTION DATES

Activity Timeline

Request for Proposal release June 18, 2026 by 5:00pm PST Questions due June 23, 2026 by 5:00pm PST Answers posted to Cal eProcure

June 26, 2026 by 5:00pm PST

Bid package submissions due

July 2, 2026 by 5:00pm PST

Evaluation period & TACPA Review

July 2 - 7, 2026

Notice of Intent to Award July 7, 2026 by 5:00pm PST Protest Period July 8, 2026 by 5:00 PM PST –

July 15, 2026 by 5:00 PM PST DGS Office of Legal Services May need up to 10 business days to review and approve.

July 20, 2026 - TBD

Contract Period Estimate Only:

July 31, 2026 – August 1, 2027

- Please note Key Action Dates may be subject to change based on

CAC’s business need. If dates are changed, CAC will issue an Addendum.

- Upcoming Holiday(s), if any: Independence Day, July 4, 2025

XI. QUESTIONS & 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 VII. Key Action Dates. Please refer to the solicitation number in the subject line when submitting questions. For example, “RFP No.: RFP-25-017 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.

• “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 State of 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. You may view the lists and status here: https://www.sos.ca.gov/business-programs.

• For nonprofit bidders, must have 501(c)(3) federal tax-exempt status. You may view your organization’s status at https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations.

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

• A nonprofit bidder must provide a copy of their IRS designation letter or the like showing your tax-exempt status.

• Business license and/or a business tax certificate will be required from bidders. Bidders are responsible for procuring a business license. Contact your local government (city or county).

• 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.

• 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.

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

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

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

o Department of Tax and Fee Administration:

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

• 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.

• CAC reserves the right to submit copies of the bidder’s insurance to Department of General Services Office of Risk and Insurance Management (ORIM) for review to ensure minimum insurance coverage are met required by the State. Refer to https://www.dgs.ca.gov/ORIM.

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.

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.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

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 Attachment 5 - Cost Proposal Worksheet, which must be in Excel format.

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. The narrative portion of the proposal shall not exceed (10) single-sided pages. This page limit excludes the cover page, table of contents, resume/CVs of key personnel, references, required forms, certifications, and any required attachments.

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-25-017 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: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-25-017) 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-25-017 Submission – Original submission.

RFP-25-017 Resubmit #1 – To modify the original submission.

RFP-25-017 Resubmit #2 – To modify 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 the Evaluation Plan & Scoring 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

(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-25-017 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.

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.

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

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-25-017 Strategic Planning. 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

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

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

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

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

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

Other Bidders will be based on Cost Points Formula.

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

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

0.16789 will be 0.168.

https://www.dgs.ca.gov/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 https://www.dgs.ca.gov/ols/resources/page-content/office-of-legal-services-resources-list-folder/standard-contract-language mailto:Vendor@fiscal.ca.gov

E. Sample Final Proposal Tabulation: RFP – Secondary Method

PROPOSER/BIDDER A B C

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

Small Business (SB) Phase Two: Technical Proposal Score Phase Three: Cost Proposal Score Initial Ranking SB Preference Points TACPA Preference – 5% to 9% (combining a 5% worksite and up to 4% workforce), if applicable only

DVBE Incentive Percentage DVBE Incentive Points Adjusted Final Score Final Ranking

IMPORTANT: Please refer to the following links below for more information:

• Small Business Preference and Competitive Solicitations:

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

• DVBE Incentive and Competitive Solicitations:

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

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

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

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

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

H. Strict adherence to the laws and regulations to apply the preference and incentives will be followed. Please be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance to statutory, regulatory and contractual requirements.

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).

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 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).

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:

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

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

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

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

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

2. Method B – Non-DVBE Bidder:

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

• Document DVBE participation on the Bidder Declaration DGS PD-

05-105. The written confirmation must include the solicitation number and be signed by the Bidder and the DVBE subcontractor(s).

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

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

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

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

E. About Commercially Useful Function:

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

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

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

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

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

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

• CUF Evaluation 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.

• 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.

• 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”.

F. DVBE Substitution (Post Award) https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

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)

• 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.

XVI. TARGET AREA CONTRACT PREFERENCE ACT (TACPA)

Any bidder whose bid proposal is over $100,000 may apply for Target Area Contract Preference Act (TACPA) preference. TACPA provides 5 to 9 percent preference for a California business that is located in the qualified zone.

The following forms are required to be eligible: STD 830 and DGS PD 526.

Please visit the following site for more details:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Request-Target-Area-Contract-Preference.

The TACPA economic stimulus preference program was established to stimulate business investment in distressed areas of the state and create job opportunities for Californians for improving the economic vitality of their communities.

To determine if a business is located within a TACPA qualified zone, please visit: https://tacpa.dgs.ca.gov/.

For more information on TACPA, please visit:

https://tacpa.dgs.ca.gov/Home/About.

Let it be noted, for any contract in which the worksite is fixed by the provisions of the contract, the TACPA preference option does not apply.

XVII. PROTEST PROVISIONS

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

B. If any Proposer believes that this RFP unnecessarily restricts their ability to submit a responsive proposal, the Proposer can submit a protest 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).

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) https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference https://tacpa.dgs.ca.gov/ https://tacpa.dgs.ca.gov/Home/About https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

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.

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 Proposer 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:

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

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

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

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

• The state agency used the evaluation and selection procedure in subdivision (c)of Section 10344 but is proposing to award the…