RFP_26-0015.pdf

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Treatment Coordinator - Madera County, RFP 26-0015
Solicitation number
0000039465
Issued by
Madera County, Marin County, Madera City, Madera Acres CDP, Madera Ranchos CDP, Corte Madera Town, California

About this file

Summary

This is a Request for Proposal (RFP) issued by the California Department of Food and Agriculture (CDFA) for consulting services to provide a Treatment Coordinator position in Madera County. The contractor will coordinate area-wide pest management efforts focused on the Glassy-winged sharpshooter (GWSS) and Pierce's disease management in grape production areas. Key responsibilities include developing treatment strategies, coordinating with growers and Pest Control Advisors (PCAs), managing treatment paperwork and reimbursements, providing grower outreach and education, maintaining communication records, and preparing monthly activity reports and annual summaries. The RFP was released June 3, 2026, with written questions due by June 10, 2026, and proposals due by June 19, 2026. Estimated team evaluations are scheduled for June 25-30, 2026. The contract term runs from July 1, 2026 through June 30, 2029, with no renewal options. The successful contractor must be licensed by the California Department of Pesticide Regulation as a Pest Control Advisor (PCA).

Proposals must include detailed cost breakdowns for all three contract years with travel reimbursed at Federal GSA rates. A minimum DVBE (Disabled Veteran Business Enterprise) participation of three percent is required for responsive bids. The evaluation process awards points across four categories: Responsiveness of Proposal (50 points), Statement of Understanding (45 points), Qualifications of Personnel (45 points), and Cost (60 points), with a minimum score of 98 points required in the first three categories. Small business preferences of five percent are available, and additional DVBE incentives up to five percent may apply. All bidders must register with the System for Award Management (SAM.gov) and provide a Unique Entity ID. The contract is federally funded and subject to uniform administrative requirements under 2 CFR 200. Required insurance includes Commercial General Liability ($1,000,000 per occurrence/$2,000,000 aggregate), Automobile Liability ($1,000,000 combined single limit), Workers' Compensation, and Professional Liability ($1,000,000 per claim/$2,000,000 aggregate).

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Revision 4/13/2026

June 3, 2026

REQUEST FOR PROPOSAL (RFP)

Secondary Method

RFP No.: 26-0015 Title: Treatment Coordinator – Madera County Type of Contract: Consulting Services

NOTICE TO PROSPECTIVE PROPOSERS:

You are invited to review and respond to this Request for Proposal (RFP). In submission of your proposal, you must comply with the instructions and requirements found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions.

Questions about this solicitation must be submitted to the Contracts Unit email address below with the RFP number in the Subject line. Responses to all questions received will be posted as an official addendum to this solicitation. Reference Page 1 for all Key Action Dates.

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

Contracts Unit Office of Grants Administration Administrative Services Division CDFA.contracts@cdfa.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms mailto:CDFA.contracts@cdfa.ca.gov

Table of Contents Key Action Dates Questions and Answers Term of Contract

Option to Renew Purpose and Description of Services

Problem Statement Background Responsibilities of the Contractor Tasks:

Deliverables Responsibilities of the CDFA Budget

System for Award Management Printing Proposal Requirements Proposal Submittal Requirements Generative Artificial Intelligence (GenAI) Disclosure Notification Clause Submission of Proposal Evaluation and Selection Award and Protest Disposition of Bids Agreement Execution and Performance Preference and Incentive Programs

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

EVALUATION SCORING AND CRITERIA

REQUIRED DOCUMENTS

SAMPLE CONTRACT

EXHIBIT A

EXHIBIT B

EXHIBIT D

EXHIBIT E

CONTRACTS FUNDED BY THE FEDERAL GOVERNMENT

CONTRACT AND SUBCONTRACT COMPLIANCE REQUIREMENTS

UNFAIR PRACTICES ACT

EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

CONFLICT OF INTEREST

LICENSE AND PERMIT REQUIREMENTS

INSURANCE REQUIREMENTS

General Provisions Applying to All Policies Contractor Insurance Requirements

LIABILITY AND DAMAGES

QUALIFICATIONS

MULTIPLE CONTRACTORS

SUBCONTRACTORS

POTENTIAL SUBCONTRACTORS

RIGHT TO BAR

STAFF EXPENSES

BUDGET FLEXIBILITY

PUBLICITY AND ACKNOWLEDGEMENT

COPYRIGHTS AND TRADEMARKS

OWNERSHIP OF DRAWINGS, PLANS AND SPECIFICATIONS

FORCED, CONVICT, AND INDENTURED LABOR

WORK ORDERS

FORCE MAJEURE

AMERICAN DISABILITIES ACT

NATIONAL LABOR RELATIONS CERTIFICATION

AGREEMENT EXECUTION

EXHIBIT F

Key Action Dates

All proposers are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

RFP available to prospective bidders .................................................June 3, 2026 Written questions must be received by 5:00 PM PT .........................June 10, 2026 Questions and Answers will be posted by 5:00 PM PT ....................June 16, 2026 Emailed proposals must be complete and received no later than 2:00 PM PT ..................................................................June 19, 2026 Estimated date of team evaluations ................................. June 25 – June 30, 2026

Partial submission of proposal is unacceptable.

Avoid late submittals due to computer glitches or other technical issues that may arise by submitting documents early.

Questions and Answers

To maintain fairness during the bidding process, all questions must be submitted in writing and sent to the Contracts Unit email (CDFA.contracts@cdfa.ca.gov) only. The subject line of the email must contain the Bid Number. Bidders must not contact any program staff during the bidding process as this could result in disqualification.

Answers to questions received prior to the submission deadline listed above, will be provided via a formal addendum and will be posted to the contract advertisement on Cal eProcure.

Term of Contract

The term of this contract is July 1, 2026 or upon final/Department of General Services/Office of Legal Services (DGS/OLS) approval, whichever is later, through June 30, 2029.

Option to Renew There is no option to renew under this contract.

Purpose and Description of Services

Problem Statement

The Glassy-winged sharpshooter (GWSS) (Homalodisca vitripennis) has become established in some areas of California as a significant pest in grapes. Since GWSS is a known vector of Xylella fastidiosa, a bacterium that causes Pierce's disease (PD) in grapes, the potential to impact grape growing areas with PD is significant.

Grapes are the number one agricultural plant commodity grown in California with an annual gross value of $5.64 billion (California Agricultural Statistics Review, FY 23/24), making management of GWSS critical to minimize the impact of PD on grape production in California. The potential for a significant economic impact on the grape industry by this host plant - vector - disease triangle has been documented in Temecula, California as well as neighboring counties with similar citrus and grape plantings. The same threat exists in the robust agricultural area of Madera County, where GWSS populations from commercial citrus orchards threaten to vector PD into grapes.

Background

Trapping surveys in Madera County indicate that GWSS populations are distributed over several different host plants including perennial agronomic crops, ornamental plantings, and weedy plant species. Data from these surveys suggest that GWSS populations are utilizing citrus as its primary reproductive host, and that it may be the predominant overwintering host when grapes, stone fruit, ornamental hosts and weedy species are dormant. Area-wide projects in Fresno, Kern, Tulare, and Madera counties have demonstrated a strategy for significantly reducing the GWSS in its overwintering host is feasible during the fall/winter and spring months, prior to the GWSS adult migration into surrounding hosts.

The diversity of agriculture in Madera County and the wide host range of this pest makes individual grower management strategies for GWSS very challenging. Growers have adopted pest management strategies for a variety of other pests in this area prior to the introduction of the GWSS. The addition of a major pest like GWSS into this production system compounds attempts by individual growers to manage the insect on an individual farm basis. Therefore, it is essential that a management strategy be implemented that will bridge the challenges to individual growers and consider the entire growing area in a management plan.

In order to accomplish the timely application of treatments over large geographical areas in a coordinated manner, a Treatment Coordinator will provide growers with needed treatment information, as well as provide information back to program staff so that program treatments are as effective as possible. Recognizing that treatments are voluntarily done by citrus growers, it is imperative to have a coordinator in place that has good communication skills and a strong background in pest management to understand individual grower issues while getting the most effective treatments in place in a timely manner. This Treatment Coordinator position is essential to the management strategy that is implemented to help bridge the challenges individual growers have and how that impacts the overall treatment area and treatment effectiveness. This individual would be a qualified professional who is licensed by the California Department of Pesticide Regulation (DPR) as a Pest Control Advisor (PCA).

Monitoring through trapping will occur to provide accurate data to drive management decisions within the program. The Treatment Coordinator will maintain contact with program personnel (United States Department of Agriculture (USDA), California Department of Food and Agriculture (CDFA), and Madera County) and be responsible for making contact with growers/managers/PCAs who have been identified to treat in accordance with program guidelines.

Trapping results within individual grower blocks will be used to determine whether or not GWSS numbers necessitate treatment. If GWSS numbers are not detectable by trapping, treatment may not be necessary nor prioritized depending on proximity to grape vineyards and funding availability. Program officials and the Treatment Coordinator will assess trapping results to determine treatment needs to suppress the pest population based on the insect's biology and past years' experience.

Responsibilities of the Contractor

Tasks:

1. Report to and coordinate with the CDFA, the USDA, and the Madera County staff to develop treatment strategies including identifying priority areas and timelines for the treatments for the Area-wide Pest Management Program based on program objectives and available resources.

2. Monitor and evaluate current and/or previous season’s trapping, survey, and detection data to determine infestation hotspots and coordinate the treatment of citrus/GWSS host crops near trap finds. Work with the USDA to obtain approval on proposed treatment plans prior to implementation.

3. Identify and locate affected growers within designated treatment areas and gather relevant contact information. Work with Madera County staff to obtain grower permits as needed.

4. Following approval of proposed treatment plans by the USDA, contact eligible growers in Madera County to offer participation in Area-wide Pest Management Program. The Contractor is expected to attempt telephone contact, with email permitted as an additional or alternative method when appropriate. Provide the grower and/or PCA educational information regarding the Area-wide Pest Management Program, applicable requirements and timelines, and advise on treatment options, including:

i. Local GWSS population and life stage status,

ii. University of California recommendations for GWSS control,

iii. Pesticide labels, approximate prices, and application specifics, and

iv. Integrated Pest Management (IPM), biological, and treatment control advice.

5. Maintain contact with USDA, state, and Tulare County staff, growers, farm managers, and PCAs to coordinate and organize associated grower paperwork for treatment reimbursement, including: prepare a Madera County Compliance Agreement and Letter of Authorization for each new citrus/host site to be treated, which enables the grower to receive compensation under the Area-wide Pest Management Program; prepare or provide any additional application information;

contact growers and their PCAs to arrange for GWSS treatments; monitor completion of applications; assure that the applications have been reported accurately, in a timely manner, and in the proper format; and respond to grower inquiries and follow-up as necessary, to assure that all of the required paperwork has been submitted to the Madera County Agricultural Commissioner’s Office.

6. Work with growers, ranch managers, PCAs and pest control businesses to ensure treatment applications have been properly noticed, and are made in accordance with all applicable laws, regulations, and project guidelines.

7. Be available (by phone and email), including evenings and weekends, to answer questions from program personnel, growers, PCAs, applicators, or others associated with the Area-wide Pest Management Program. Be available to address positive GWSS traps located in critical areas and work with growers, CDFA, USDA, and Madera County staff to determine how soon treatments should be made.

8. Participate in monthly meetings with the CDFA, the USDA, and the Madera County staff and report authorized treatment acreage, provide written status reports and other updates as requested.

9. Facilitate communication between growers, USDA, CDFA, and Madera County staff. Participate in various industry, grower, government, and public education programs, such as the California Association of Pest Control Applicators (CAPCA), the Pesticide Applicators Professional Association (PAPA), and the University of California Cooperative Extension (UCCE), as time allows and as approved; provide updates as requested.

10. Provide source material for treatments, such as label information, application techniques, re-entry intervals and post-harvest restrictions for growers and other participants in the program. Stay current on latest GWSS/PD research and treatment information.

11. Notify grape growers in Madera County whenever there is a GWSS detection located within ¼ mile of their property. The Contractor is expected to attempt telephone contact, with email permitted as an additional or alternative method when appropriate. Provide the grower and/or PCA educational information and advise on treatment options as needed, including:

i. Local GWSS population and life stage status,

ii. University of California recommendations for GWSS control,

iii. Pesticide labels, approximate prices, and application specifics, and

iv. IPM, biological, and treatment control advice.

12. When needed, assist in communications and coordination of treatment programs for homeowners in urban areas with GWSS host plantings.

13. Provide written reports monthly outlining the activities performed and the hours associated with each activity. A comprehensive annual report is required at the end of each year that summarizes activities, accomplishments, and future recommendations.

14. Provide written invoices monthly outlining the actual costs incurred during the billing period.

15. Maintain communication and treatment records and make them available the CDFA, USDA, and Madera County upon request.

16. Provide for and be responsible for all transportation and communication needs associated with performing the required work.

Deliverables

1. Monthly activity reports summarizing activities performed during reporting period with itemized breakdown of hours associated with each activity and summary of key outcomes, issues, and upcoming priorities.

2. Annual report summarizing activities, accomplishments, and future recommendations.

3. Monthly invoice itemizing actual costs incurred during the billing period.

Responsibilities of the CDFA

1. Select and contract with a qualified contractor to serve as a Treatment Coordinator to coordinate the grower response to GWSS in Madera County, and to provide services, education, and outreach to growers, CDFA, USDA, Madera County and interested parties in the aforementioned localities relating to GWSS and PD.

2. Provide directions, participate in and assist in coordinating meetings with

USDA, CDFA, and Madera County staff as needed.

3. Compensate the Contractor as invoiced in an amount not to exceed the amount agreed upon in the agreement terms of the contract.

4. Monitor the Contractor’s activities.

Budget

Contractor shall include the cost of providing rights under Labor Code, Unemployment Insurance Code, and Industrial Welfare Commission Order in their proposed budgets.

The Employment Development Department’s (EDD) “2024 California Employer’s Guide” at https://edd.ca.gov/pdf_pub_ctr/de44.pdf and the Department of Industrial Relation’s website are two references that Contractors can access for assistance with determining the costs and methods of paying for these benefits to include in their proposal.

Travel costs shall be reimbursed at Federal rates in effect at the time of travel as established by the United States (U.S.) General Service Administration, which can be accessed at: Travel resources | GSA

System for Award Management

All entities bidding for this federally funded contract, must have a Unique Entity ID (UEI) and be registered with System for Award Management. (SAM.gov). Failure to register and maintain an active SAM account will prevent your organization from receiving federal funds.

SAM accounts must be renewed annually. Entities will be required to provide their organization’s UEI number and CDFA will check that the entity is in good standing before CDFA can enter into an agreement. The registration process can take a few weeks; therefore, entities are highly encouraged to begin the registration process now. Please enter your UEI number in the section titled “Small Business Preference” of the Contractor Status Form. The link to this form can be found on the Required Documents page of this IFB.

https://edd.ca.gov/pdf_pub_ctr/de44.pdf https://www.dir.ca.gov/ https://www.gsa.gov/travel?gsaredirect=travel-resources https://www.gsa.gov/travel?gsaredirect=travel-resources

Printing

Under Government Code 14850 and Penal Code Section 2807, State agencies are required to obtain printing services through, or obtain waivers from, the Department of General Services, Office of State Publishing and the California Correctional Training and Rehabilitation Authority prior to obtaining services outside of state government. This mandate passes through to contractors who wish to include a printing component in their proposals and/or services.

A copy of these waivers must be provided to the California Department of Food and Agriculture with the invoice(s) to obtain payment for these services.

Proposal Requirements

All proposals must be submitted in accordance with the outline indicated below. Submitting the proposal in this format assures you that the Evaluation Committee will not overlook important information contained in the proposal.

NOTE: Failure to provide the following information or an explanation as to why the information was not submitted could deem your proposal “technically non-compliant” and therefore, not considered for award.

1. Nature of firm’s services and activities. Provide a description of the nature of the firm’s services and activities. Note when the business was established, brief history and location.

2. Description. Overall description of techniques, approaches and methods to be used in performing the services.

3. Work Plan or Schedule. Each major task must indicate all necessary subtasks and identify specific total hours, commencement dates and completion dates by which progress can be measured and payments made.

4. Identification of Project Manager. Identify the Project Manager who will manage the contract work. Document a required minimum of five (5) years education and experience that this person has in the same area of expertise required by this RFP.

5. Resumes. Provide resumes for each individual, including the lead personnel and supporting personnel to be employed for this project. Include education, experience and expertise with pertinent information demonstrating qualifications for this RFP. Do not exceed two (2) pages per person.

6. Organization Chart. Submit an organization chart showing the hierarchy of key personnel to be working on this project. Chart must show the relationship between project manager and key personnel of the firm and all other parties (subcontractor[s]) to this proposal.

7. References. Prime contractor shall provide in its proposal a minimum of three (3) reference letters from firms for which services were performed by the prime contractor. Each letter must include name of firm, contact person, address, phone number, must be on the firm’s letterhead, and must include a description and assessment of services performed by the prime contractor. Services performed by the prime contractor shall be similar to the services requested in this RFP. Contractor should not provide reference letters from Department staff if those employees are anticipated to be on the Evaluation Team. CDFA employees listed as references shall be recused from the evaluation process.

8. Subcontractors. When subcontractors are used, include the following:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.&title=2.&part=5.5.&chapter=7.&article=1.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=2807.

A. identification of those persons or firms.

B. resumes of each major subcontract participant.

C. the portions and monetary percentages of the work to be done by the subcontractors.

D. how they were selected and why.

E. description of how subcontracted work will be controlled, monitored and evaluated.

9. Cost Proposal. Shall include a detailed breakdown showing how the costs were determined. A Cost Proposal must be submitted for each contract year and any Options to Renew. A proposal missing Costs Proposals for the term of the contract and any options will be deemed non-responsive. An Excel spreadsheet with the required format is provided as a separate attachment to this RFP.

10. Samples by Prime Proposer. Include samples of similar types of contracts on work performed that were successfully conclusive and list the contractor’s name, contact information, address, phone number, person to contact, term dates, and services performed. A minimum of three (3) samples of prior projects of a similar nature are required to be submitted.

11. The proposal must include all items as outlined above and the documents listed on the Required Documents page.

Proposal Submittal Requirements

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

2. A proposal may be disqualified if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. At its discretion, the CDFA may waive any immaterial deviations in a solicitation. The CDFA’s waiver of immaterial defect shall in no way modify the RFP document or excuse the proposal from full compliance with all requirements if awarded the agreement.

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

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

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

6. The CDFA may modify this RFP prior to the date fixed for submission of proposals by posting an addendum to the original bid package on Cal eProcure.

7. The CDFA reserves the right to reject all proposals. The CDFA is not required to award an Agreement.

8. Before submitting a response to this solicitation, proposers should review to ensure there are no errors and confirm compliance with the RFP requirements.

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

9. Where applicable, proposer should carefully examine work sites and specifications. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

10. The CDFA does not accept alternate contract language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected.

The State’s General Terms and Conditions are not negotiable.

Generative Artificial Intelligence (GenAI) Disclosure Notification Clause

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such nondisclosure.

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

Submission of Proposal

1. Proposals should provide straightforward and concise descriptions of the proposer’s ability to satisfy the requirements of this RFP. The proposal must be complete and accurate.

Omissions, inaccuracies, or misstatements may be cause for rejection of a proposal.

2. Proposals must be submitted via email to CDFA.contracts@cdfa.ca.gov. The subject line of the email must read as follows: Proposal Number, Your Organization’s Name. All Proposal documents must be in PDF format. The Technical Proposal and Cost Proposal should be one document; examples can be separate. As the identified point of contact, please obtain acceptable e-signature(s) from your company’s authorized representative.

Acceptable forms of e-signature include:

a. Scanned “Wet” Signature: Print and sign document(s) in ink, then scan an electronic copy in PDF format.

b. “Typed” Signature: If the signature field of the document is editable (e.g., the signature feature in Adobe Acrobat), then a typed signature is acceptable.

3. Proposals will not be accepted from Expatriate Corporations, and proposals from primes subcontracting with Expatriate Corporations will not be accepted.

4. If the proposal is made under a business title (dba), the actual legal name of the proposer must be provided.

5. All proposals shall include the documents identified on the checklist entitled “Required Documents.” Proposals not including the required documents shall be deemed non-responsive.

Evaluation and Selection

1. At the time of proposal opening, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this RFP.

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

3. The proposals that meet the minimum qualifications will be evaluated and scored according to the criteria in the Evaluation Scoring Criteria included in this RFP. A minimum of 98 points out of 140 points possible in categories 1 through 3 of this phase must be achieved to be considered responsive.

4. The Evaluation Scoring Criteria is not intended to be a list of RFP requirements but rather a fair, uniform, and impartial approach to determining which proposal best meets the RFP requirements. The Evaluation Team will review each Proposal in its entirety to determine if the requirements are being met and scores will be awarded based on a review of each Proposal, including the resumes. The Evaluation Scoring Criteria will be used to ensure Proposers have met all RFP requirements based on each category listed.

5. Award, if made, will be to the highest scored responsive proposer.

Award and Protest

1. Notice of the proposed award shall be sent to all proposers. Upon written request by any proposer, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

2. If any proposer, prior to the award of agreement, files a protest with the Department of General Services (DGS), Office of Legal Services, and the CDFA on the grounds that the Department failed to follow procedures under Public Contract Code §10344(c), the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter.

3. Within five (5) days after filing the initial protest, the protesting proposer shall file with the DGS and the CDFA a detailed written statement specifying the grounds for the protest.

The written protest must be sent to:

Department of General Services Office of Legal Services Attention Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605 Or via email to: OLSProtests@dgs.ca.gov http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10344.

mailto:OLSProtests@dgs.ca.gov

A copy of the detailed written protest should be mailed to CDFA, Contracts Unit, 1220 N Street, Room 120, Sacramento, California 95814 or via email to CDFA.contracts@cdfa.ca.gov. If mailing, it is suggested that proposers submit any protest by certified or registered mail.

Disposition of Bids

Upon proposal evaluation, all documents submitted in response to the 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 Public Contract Code §10344(c)(2) and subject to review by the public.

Agreement Execution and Performance

1. Performance shall start no later than thirty (30) days, or on the expressed date set by the

CDFA and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor, after all approvals have been obtained and the Agreement is fully executed, fail to commence work at the agreed upon time, the CDFA, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor’s proposal price and the actual cost of performing work by another contractor.

2. All performance under the agreement shall be completed within the agreement’s terms.

Preference and Incentive Programs

Information, requirements, and forms for the preference programs listed below can be found at the Internet websites listed.

Note: These documents may not be required in all bid packages. Refer to Required Documents for documentation required by this RFP.

1. Certified Small Businesses and Microbusinesses Certification Benefits

California Government Code Sections 14835 et seq. requires that a five percent preference be given to bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business, are contained in Title 2, California Code of Regulations, Sections 1896 et seq. Additional information is available from the DGS, Office of Small Business Certification and Resources (OSBCR) at (916) 375-4940 or https://www.caleprocure.ca.gov/pages/index.aspx .

All bidders claiming the Small Business preference must submit proof of small business status with their bid submittal. In addition, bidder shall identify any subcontractors that are certified small business and include a copy of their OSBCR certification approval letter(s) with your submittal of the bid.

A qualified bidder who claims the small business preference will be granted a preference consisting of five percent of the highest scored responsive bid only if the highest bid is submitted by a business that is not a certified small business. The five percent preference is used only for computation purposes to a maximum of $50,000 to determine the lowest mailto:CDFA.contracts@cdfa.ca.gov http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=3.5.&article=1.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10344.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10344.

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.&title=2.&part=5.5.&chapter=6.5.&article=1.

https://www.caleprocure.ca.gov/pages/index.aspx responsive bidder and does not alter the amounts of the resulting Agreement. An Agreement awarded by reason of the five percent preference is awarded for the amount of the small business firm’s actual cost proposal.

2. Target Area Contract Preference Act (TACPA)

This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid/offer.

The TACPA workplace and workforce preferences will be evaluated for this solicitation.

California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains required preference request forms and an interactive map to determine if a business is located with a TACPA qualified zone: Request a Target Area Contract Preference.

By submitting forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code 4535 and provided in section 1896.40 of Title 2 of the California Code of Regulations (CCR) in addition to requirements specified on the TACPA form STD 830.

3. Recycled Content Certification

The State of California is required to purchase recycled content products (RCPs) rather than non-recycled products whenever price, quality, and availability are comparable.

Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. If two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.

In order to help state agencies identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. Additional information regarding this program can be obtained at the following web site: https://www.calrecycle.ca.gov/StateAgency/.

4. DVBE Participation

Please look carefully at boxes (a) and (b) in this section. Please note that regardless of DVBE participation requirements the DVBE deductions still apply to all bidders providing DVBE participation (further information is listed below under DVBE Incentive).

(a) DVBE Participation is Required

(b) DVBE Participation has been Waived, however there is a DVBE Incentive.

https://tacpa.dgs.ca.gov/Home/About https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.calrecycle.ca.gov/StateAgency/

If box (a) is checked:

You must respond accordingly to the instructions outlined in “California Disabled Veteran Business Enterprise (DVBE) Program Requirements – for Non-IT Services” on the following page for your bid to be considered responsive.

This IFB has participation goals for the Disabled Veteran Business Enterprise (DVBE) Program of three (3%) percent of the total bid cost. Bidders must meet the DVBE requirements in order to be considered a responsive bidder and be considered for contract award. Failure to meet the three (3%) percent minimum will result in your bid being rejected. A copy of the DGS DVBE Certification letter must be included with your bid.

If box (b) is checked, bidders are not required to provide DVBE participation, but may choose to for the Incentive. Please refer to the DVBE Incentive below:

Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified participation as identified on the Bidder Declaration, DGS PD-05-105, and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

Awards based on low price – the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5%

4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3%

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

(Revision Date 1-2022)

Please read the requirements and instructions carefully.

AUTHORITY

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.61 et seq.

DVBE PARTICIPATION

The minimum DVBE participation is 3% for this solicitation unless another percentage is specified in the solicitation, or the solicitation is exempt from DVBE participation.

DVBE INCENTIVE

An incentive will be given to bidders who provide DVBE participation, unless stated elsewhere in the solicitation that the DVBE Incentive has been waived.

INTRODUCTION

The bidder must complete the identified form(s) and fully document that the mandatory minimum percent of DVBE participation will be met in order to comply with this solicitation’s DVBE program requirement or the bid may be considered non-responsive.

Information submitted by the Bidder to comply with this solicitation’s DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of PCC §10115 et seq. and MVC §999 et seq., and follow the investigatory procedures required by 2 CCR §1896.91. Contractors found to be in violation of these provisions may be subject to suspension from doing business with the State of California, contract termination, civil penalties, and loss of State certifications.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified Disabled Veteran Business Enterprises (hereafter called “DVBE”) shall be used to satisfy the DVBE requirements. The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of 2 CCR §1896.1, is certified in accordance with 2 CCR §1896.84, and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function as required in MVC §999(B). Bidders must verify each DVBE subcontractor’s certification status with OSDS to ensure participation eligibility prior to submitting bids. A DVBE that is not certified at the time of award or does not meet and maintain certification cannot count towards an awarding department’s three (3) percent goal (MVC §999.5(c)).

COMMERCIALLY USEFUL FUNCTION DEFINITION

A SB/DVBE certified firm performs CUF when doing all of the following:

1. Executes a distinct element of the contract scope of work including supplying of goods/services.

2. Performs, manages, or supervises the work including supplying of goods/services.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=1.&article=1.5.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://govt.westlaw.com/calregs/Document/IB1A886F6DA154474B2C9CD56FFA8EFD0?contextData=%28sc.Default%29&transitionType=Default https://govt.westlaw.com/calregs/Document/IB1A886F6DA154474B2C9CD56FFA8EFD0?contextData=%28sc.Default%29&transitionType=Default https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=1.&article=1.5.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://govt.westlaw.com/calregs/Document/IDACC46FA217C47C2BF12EC105E57C901?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://govt.westlaw.com/calregs/Document/IDACC46FA217C47C2BF12EC105E57C901?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://govt.westlaw.com/calregs/Document/IDACC46FA217C47C2BF12EC105E57C901?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://govt.westlaw.com/calregs/Document/I059934432E0344899B811A7EEE0E18A6?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

3. Performs work that is normal for the firm’s business services and functions.

4. Is responsible, with respect to products, inventories, materials, and supplies required for the subcontract, negotiating price, determining quality and quantity, ordering, installing (if applicable), and paying for the material.

5. Does not subcontract a portion of the work greater than expected by industry practices.

A SB/DVBE certified firm does NOT perform CUF when:

1. The firm is an extra participant involved in a transaction, contract, or project through which funds are passed through in order to obtain the appearance of SB/DVBE participation.

2. The firm is not being used to perform the work as stipulated in the bid.

3. The firm is no longer used to provide good/services listed in initial bid response.

DVBE SUBSTITUTION

Bidders must use the DVBE subcontractors or suppliers proposed in the proposal. Any substitutions must be requested in writing to the awarding department and approved by the awarding department and OSDS in writing prior to the commencement of any work by the proposed DVBE. 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)).

DVBE SUBCONTRACTOR REPORTING

Bidders awarded a contract with a commitment to use DVBE subcontractors must certify, upon completion of contract, that all payments have been made to the DVBE subcontractors by submitting the Prime Contractor’s DVBE Subcontracting Report (STD 817). For such contractors awarded on or after January 1, 2021, the department will withhold $10,000 from the final payment, or the full payment if the final payment is less than $10,000 from prime contractors, until the complete and accurate STD 817 is received. Failure to submit this certification after given the opportunity to cure, will result in the department permanently deducting $10,000 from the final payment or the full payment if less than $10,000 (MVC §999.7).

Prime contractor shall provide proof of payments made to DVBE subcontractors at the request of the department. The department shall keep all information provided by the prime contractor regarding the DVBE program requirements in the procurement file for six (6) years (MVC §999.55).

PLEASE READ ALL INSTRUCTIONS CAREFULLY

These instructions contain information about the DVBE program requirements, bidder responsibilities, and the DVBE Bid Incentive. Bidders are responsible for thorough review and compliance with these instructions.

To meet the DVBE program requirements, bidders must complete and fully document compliance with the following:

PARTICIPATION COMMITMENT

Bidders must commit to meet or exceed the DVBE participation requirement in this solicitation by either Method A1 (bidder is a California certified DVBE) or A2 (bidder is not a California certified DVBE). Bidders must document DVBE participation commitment by completing and submitting all forms and documentation necessary to support meeting CUF.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

Forms include the Bidder Declaration (DGS PD-05-105) and DVBE Declarations (DGS PD 843), and the Confirmation Letter/Form as described below, and any other requested documentation. Failure to complete and submit the required form(s) as instructed will render the proposal non-responsive.

Method A1. Certified DVBE bidder:

A. Commit to perform the participation goal percentage of the contract bid amount with its own resources or in combination with another DVBE(s).

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

C. Submit a written Confirmation Letter/Form from each DVBE subcontractor identified on the Bidder Declaration. 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 the 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 DVBE Declarations Form, DGS PD 843, for all DVBE participants (prime or sub).

Method A2. Non-DVBE bidder:

A. Commit to using 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.

C. Submit a written Confirmation Letter/Form from each DVBE subcontractor identified on the Bidder Declaration. 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 the 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 DGS PD 843, DVBE Declarations Form, for all DVBE participants (prime or sub).

RESOURCES AND INFORMATION TO LOCATE DVBE SUPPLIERS

Awarding Department Contact the department at CDFA.contracts@cdfa.ca.gov for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Department of General Services, Procurement Division (DGS-PD) OFFICE OF SMALL

BUSINESS AND DVBE SERVICES (OSDS)

The department’s Small Business (SB/DVBE) Advocate can also provide assistance with identifying DVBEs. For a directory of SB/DVBE Advocates for each department go to Find-a-SB_DVBE-Advocate.

For assistance with this directory, contact the DGS-PD SB/DVBE Advocate at 916-375-4940 or Advocate@dgs.ca.gov.

For assistance with SB/DVBE search, certification applications and information, certification information, certification status or concerns and general DVBE program info, you may use any of the following methods:

1. From 8:00 a.m. – 5:00 p.m., Monday through Friday: Call OSDS at (916) 375-4940

2. Visit the DGS website at: Apply For or Re-apply as Small Business, Disabled Veteran

Business Enterprise (ca.gov); or

3. Email: OSDSHelp@dgs.ca.gov

DGS PD E-Procurement Access the list of all certified DVBEs by using the DGS-PD online certified firm database at…

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