Procurement Division, One Time Acquisitions | State of California | California Government Operations Agency 707 Third Street, 2nd Floor | West Sacramento, CA 95605 | (916) 376-5000 | www.dgs.ca.gov

Governor Gavin Newsom

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

REQUEST FOR PROPOSAL (RFP)

CASE MANAGEMENT SYSTEM (CMS) REPLACEMENT, IMPLEMENTATION AND ONGOING

SUPPORT

EVENT ID: RFP 37224

November 19, 2025

PROPOSALS ARE DUE BY: December 17, 2025, at 10:00 AM PT

RETURN BID TO:

OTA@dgs.ca.gov

Procurement Official:

Jennifer Maier

Procurement Division One-Time Acquisitions Unit

707 Third Street, Second Floor West Sacramento, CA 95605

Telephone: 279-799-4117 Email: jennifer.maier@dgs.ca.gov mailto:OTA@dgs.ca.gov mailto:jennifer.maier@dgs.ca.gov

Department of General Services CMS Replacement, Implementation, and Ongoing Support Procurement Division BU 7760, RFP 37224, Page 2 of 23

1. SCOPE

2. KEY ACTION DATES

3. RULES GOVERNING COMPETITION

4. METHOD OF AWARD

5. SAMPLE AGREEMENT

6. PROCUREMENT OFFICIAL

7. ALTERNATIVE PROTEST PROCESS

8. ADDITIONAL TERMS AND CONDITIONS

9. STATE’S OWN PROPOSAL DOCUMENTS/SOLICITATION

1. EXAMINATION OF THE SOLICITATION

2. DESIGNATION OF REQUIREMENTS

3. PROPOSAL SUBMITTING CONDITIONS

A. VALIDITY OF PROPOSAL

B. CONTRACT PROVISIONS

C. MANDATORY PRE-PROPOSAL CONFERENCE

D. BIDDER QUESTIONS

E. ADDENDA

F. DISPOSITION OF PROPOSALS

4. PROPOSAL PROCESS

A. GENERAL

B. PROPOSAL PREPARATION

C. BIDDER’S COST

D. FALSE OR MISLEADING STATEMENTS

E. SIGNATURE OF PROPOSAL

5. PROPOSAL SUBMITTAL FORMAT

A. ELECTRONIC PROPOSAL SUBMITTAL INSTRUCTIONS

B. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF PROPOSALS

6. EVALUATION AND SELECTION PROCESS

A. GENERAL

B. VALIDATION OF REQUIREMENTS

C. RESPONSIBLE BIDDER

D. CLARIFYING INFORMATION

E. ERRORS IN FINAL PROPOSALS

F. REJECTION OF PROPOSALS

G. DRAFT PROPOSALS

7. PUBLIC COST OPENING

8. NOTICE OF INTENT TO AWARD

9. DEBRIEFING

1. PROPOSAL SUBMISSION DESIGNATIONS

A. MANDATORY REQUIREMENTS

B. NON-MANDATORY REQUIREMENTS

C. SCORED REQUIREMENTS

2. ADMINISTRATIVE REQUIREMENTS

A. AGREEMENT COVER LETTER (M)(P/F)

B. COST WORKSHEET (M)(P/F)

C. NARRATIVE RESPONSE (M)(P/F)

D. SECRETARY OF STATE (M)(P/F)

Procurement Division BU 7760, RFP 37224, Page 3 of 23

E. DECLARATION FORMS (M)(P/F)

F. PAYEE DATA RECORD (NM)

G. DARFUR CONTRACTING ACT (NM)

H. CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION (M)(P/F)

I. IRAN CONTRACTING ACT (M)(P/F)

J. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) (M)(P/F)

3. BIDDER MANDATORY REQUIREMENTS (M)(P/F)

4. MANDATORY SOLUTION REQUIREMENTS (M)(P/F)

5. TECHNICAL RESPONSE (M)(S)

6. OPTIONAL SOLUTIONS REQUIREMENTS (NM)(S)

7. INTERVIEW / DEMONSTRATION (M)(S)

8. SOCIOECONOMIC PREFERENCE AND INCENTIVE PROGRAMS (NM)

9. COMMERCIALLY USEFUL FUNCTION (CUF)

10. PROPOSAL RESPONSE CHECKLIST

11. ATTACHMENTS

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SECTION 1 - GENERAL

1. SCOPE

This Request for Proposal (RFP) is a One Time Acquisition conducted by the State of California, Department of General Services, Procurement Division (DGS-PD) to cover the requirements of the Department of General Services, Office of Administrative Hearings (OAH) for the Implementation and Maintenance and Operations of a new Case Management System (CMS) as described meeting the requirements of Attachment 1 – Sample Agreement, Statement of Work.

2. KEY ACTION DATES

Adherence to the following schedule of dates and times is required. If the State finds it necessary to change any of these dates, it will be accomplished via addendum.

KEY ACTION DATE & TIME

Release of RFP (Event ID# 37224) 11/19/2025

Mandatory Pre-Proposal Conference (Virtual) 12/1/2025 @ 10:00 A.M., PT Last Day to Submit Questions 12/1/2025 @ 3:00 P.M., PT

Proposal Due Date 12/17/2025 @ 10:00 A.M., PT * Proposed Interview / Demonstration time frame 1/6/2026 – 1/7/2026 @ To Be Scheduled **

Cost Opening 1/9/2026 @ 10:00 A.M., PT * Proposed Notice of Intent to Award Date 1/15/2026

*All dates after the Proposal Due Date are approximate, and may be adjusted as conditions dictate, without addendum to this RFP.

**Interviews/Demonstrations will be conducted by the State as part of Proposal scoring. The State will provide advance notice to selected bidders. Refer to Attachment 9 – Interview and Demonstrations, for details.

3. RULES GOVERNING COMPETITION

Bidder’s and the State’s rights and responsibilities for the bidding process are delineated in Section 2, Rules Governing Competition.

4. METHOD OF AWARD

Award, if made, will be in accordance with Attachment 8 – Value Effective Scoring Criteria, to the responsible responsive Bidder with the highest score, including all applicable preference and incentive calculations.

In the event of a tie, a coin toss will be a permissible tiebreaker. Such event will be conducted by the procurement official and observed by a state employee as witness.

5. SAMPLE AGREEMENT

Bidders shall comply with Attachment 1 – Sample Agreement, Exhibit A, Statement of Work, and all Exhibits thereafter.

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6. PROCUREMENT OFFICIAL

The Procurement Official shown on the front page shall be the State’s designated authorized representative regarding this procurement. All inquiries and questions must be directed to only this person. Oral communications are discouraged and shall not be binding on the State.

Bidders should only rely on written statements issued by the Procurement Official. The Procurement Official and back-up contact information for this RFP is listed below:

Procurement Official: Jennifer Maier Telephone: 279-799-4117 Email: jennifer.maier@dgs.ca.gov

Backup Procurement Official: Jack LaFrancesca Telephone: 279-946-8062 Email: jack.lafrancesca@dgs.ca.gov

7. ALTERNATIVE PROTEST PROCESS

This solicitation/acquisition is being conducted under the provisions of the Alternative Protest Process (Public Contract Code § 12125, et seq.) By submitting a proposal to this solicitation, the bidder consents to participate in the Alternative Protest Process and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5.

A Notice of Intent to Award for this solicitation will be publicly posted on the Department of General Services Procurement Division webpage and sent via email to any bidder who submits a written request for notice and provided an email address. DGS/PD webpage link.

During the protest period, any participating bidder may protest the proposed award on the following grounds:

For major IT acquisitions – that there was a violation of the solicitation procedure(s), and that the protesting bidder’s proposal should have been selected; or

For any other acquisition – that the protesting bidder’s proposal should have been selected in accordance with the selection criteria in the solicitation document.

A written Notice of Intent to Protest the proposed award of this solicitation must be received (email or facsimile acceptable) by the Coordinator before the close of business at 5 p.m.

PST/PDT on the 1st working day after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South mailto:jennifer.maier@dgs.ca.gov mailto:jack.lafrancesca@dgs.ca.gov https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Award-Notifications?search=Award%20Notice

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West Sacramento, CA 95605 Fax: 916 / 376-6226 Email: PDProtest@dgs.ca.gov

Copies of the protest are to be sent to the Procurement Official listed in section 6.

Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

Protest bond requirement: bond amount for this Alternative Protest Process shall be 10percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, § 1418.

Refer to the Bid Protest Regulations website for procedures for conducting protests under the Alternative Protest Process.

8. ADDITIONAL TERMS AND CONDITIONS

The State objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder. This applies to any language appearing in documents attached as part of the bidder’s response. In signing and submitting the Agreement Cover Letter, the bidder agrees that any additional terms and conditions whether submitted intentionally or inadvertently, shall have no force or effect. Proposals with terms and conditions attached may be subject to rejection.

9. STATE’S OWN PROPOSAL DOCUMENTS/SOLICITATION

Only proposals quoted on the State's own proposal documents will be considered. Documents include all forms and attachments required to be submitted. Alteration of the State’s documents may result in rejection of the proposal. Proposals submitted referring to supplier attachments which include terms and conditions that conflict with the State's complete solicitation shall be considered non-responsive and such proposals shall be rejected.

mailto:PDProtest@dgs.ca.gov https://www.dgs.ca.gov/OAH/Case-Types/General-Jurisdiction/Resources/Page-Content/General-Jurisdiction-Resources-List-Folder/Laws-and-Regulations/Bid-Protest-Regulations

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SECTION 2 – RULES GOVERNING COMPETITION

This section describes the bidding steps and includes the Bidder’s and State’s rights and responsibilities for the procurement process. Specific guidelines and instructions for RFP response submission items are found in Section 3 – Proposal Submittal Items.

1. EXAMINATION OF THE SOLICITATION

It is the sole responsibility of each Bidder to thoroughly review the entire RFP, including all addenda, referenced documents, and any materials otherwise made available by the State.

This includes attending the Bidder’s Conference, if held. Bidders are expected to become fully informed regarding the scope, location, nature, quantity, and conditions of the work to be performed. Bidders must carefully read and follow all instructions, submit timely inquiries as needed, and ensure full compliance with all procedural and substantive requirements set forth in the RFP.

2. DESIGNATION OF REQUIREMENTS

The State has established certain requirements with respect to proposals to be submitted by prospective contractors. The use of “must,” “shall” or “will” (except to indicate simple futurity) in the RFP indicates a requirement or condition that is mandatory. A deviation, if not material, may be waived by the State. A deviation from a requirement is material if the deficient response is not in substantial accord with the RFP requirements, provides an advantage to one bidder over other bidders, or has a potentially significant effect on the delivery, quantity or quality of items proposal, amount paid to the Contractor, or on the cost to the State. Material deviations cannot be waived.

The words “should” or “may” in the RFP indicate desirable attributes or conditions but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature will not in itself cause rejection of the proposal.

When a Section states, “upon request from the State”, the requested information must be submitted within the timeframe specified by the State. Not submitting requested documentation timely may result in the proposal being deemed non-responsive.

3. PROPOSAL SUBMITTING CONDITIONS

A. VALIDITY OF PROPOSAL

A Bidder's Final Proposal is an irrevocable offer for 90 days following the scheduled date for Submission of Final Proposals as stated in Section 1, Item 2, Key Action Dates. A Bidder may extend its offer in the event of a delay of contract award.

B. CONTRACT PROVISIONS

The State has contract general provisions to be used by State agencies when contracting for information technology (IT) goods and services. The contract general provisions that may be applicable for the specific requirements of this RFP, and resultant contract are as follows:

Procurement Division BU 7760, RFP 37224, Page 8 of 23

Information Technology General Provisions Cloud Computing Services DGS PD 402- ITGP Cloud (Rev. 02/20/2025)

Information Technology - General Provisions - Non-Cloud Goods & Services, DGS PD 403-ITGP (Non-Cloud) (Rev. 02/20/2025)

A contract resulting from award of this RFP, if an award is made, is represented by Attachment 1 – Sample Agreement and all exhibits therein.

Bidder also agrees to comply with all applicable statues, rules, regulations, and orders of the United States and the State of California.

By signing the Agreement Cover Letter and submitting a proposal, Bidder is agreeing to all of the above provisions without addition or modification.

C. MANDATORY PRE-PROPOSAL CONFERENCE

A Mandatory Pre-Proposal Conference will be held to provide Bidders with the opportunity to meet with State personnel and discuss the content of the RFP and the procurement process. The conference will be on the date and time listed in Section 1, Item 2, Key Action Dates. See below for participation information and link to the presentation:

Microsoft Teams Meeting Link Call in: 916-245-8850 Conference ID: 858 612 601#

Attendance is MANDATORY. Failure to attend a mandatory conference WILL be cause for rejection of the proposal.

Questions regarding the solicitation and/or solicitation process may be answered at the Pre- Proposal Conference. NOTE: Any verbal answers provided by the State are non-binding. Bidders are directed to submit questions in writing to both the Procurement Official and Backup Procurement Official indicated in the Procurement Official section of this RFP no later than the time and date indicated in Section 1, Item 2, Key Action Dates.

D. BIDDER QUESTIONS

This RFP addresses all requirements that Bidders must meet to be eligible for consideration. Bidders must carefully read the entire RFP, ask appropriate questions in a timely manner, and make sure all procedures and requirements of the RFP are accurately followed and addressed. If a Bidder discovers any ambiguity, conflict, restrictive specifications, discrepancy, omission, or other errors in the RFP, the Bidder shall immediately notify the Procurement Official and Backup Procurement Official of such error, in writing, and request clarification or modification of the document.

If the RFP contains an error known to the Bidder, or an error that reasonably should have been known, the Bidder shall submit a proposal at its own risk. If the Bidder fails to notify the State of the error prior to the date fixed for submission of proposals, and is awarded the contract, the Bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-Cloud-DGS-PD-402ITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-Cloud-DGS-PD-402ITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-NonCloud-DGS-PD-403ITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-NonCloud-DGS-PD-403ITGP-Revised-02202025.pdf https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTNmZDZhNjEtOGY0Yy00NzhhLThiYmItMWYxYThmNWI4OGQx%40thread.v2/0?context=%7b%22Tid%22%3a%22ea45f7b1-07d7-49a8-b8f5-37136ec9382d%22%2c%22Oid%22%3a%22a03e41c9-574d-48ea-8fb8-78277c20d816%22%7d

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All questions, comments, and concerns should be immediately directed to the Procurement Official and Backup Procurement Official, in writing, no later than the date and time indicated in Section 1, Item 2, Key Action Dates.

Question and Answer sets will be posted via an Addendum or as a Q&A set, as applicable.

At the sole discretion of the State, questions may be paraphrased by the State for clarity and to maintain anonymity. Oral answers shall not be binding on the State.

A Bidder seeking clarification on the RFP may submit questions related to proprietary aspects of their proposal, provided they are clearly marked “CONFIDENTIAL” and include a written explanation of their sensitivity. If the State agrees that disclosure would reveal proprietary information, the question and answer will be kept confidential. If not, the Bidder will be notified, and the question will not be answered confidentially.

Failure by any Bidder to raise any concern related to a solicitation requirement will be deemed a waiver of any claim regarding the contract award relating to the specific solicitation requirement.

E. ADDENDA

The State may modify the RFP prior to the Proposal Due Date by issuance of an addendum to Event ID 37224 as posted on Cal eProcure. If the solicitation is revised by an addendum, The Bidder is required to meet all requirements of the most current addendum, including using any updated forms. Addenda will be numbered consecutively. If any Bidder determines that an addendum unnecessarily restricts its ability to submit a proposal, the Bidder is allowed five (5) working days to ask a question or request a change.

F. DISPOSITION OF PROPOSALS

All materials submitted in response to this RFP will become the property of the State of California and will become a public record after award. All Proposals will be regarded as public records under the California Public Records Act (Government Code (GC) § 6250 et seq.).

Final Proposals are public upon posting of Notice of Intent to Award. Bidders should be aware that marking a document "confidential" or "proprietary" in a Final Proposal will not prevent that document from being released after notice of intent to award as part of the public record, in accordance with the California Public Records Act.

4. PROPOSAL PROCESS

A. GENERAL

The procurement process to be used in this RFP consists of a Final Proposal.

Final Proposals must be complete with all required cost information, signatures, forms, and documentation.

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B. PROPOSAL PREPARATION

Proposals should be prepared to provide a clear, concise description of the Bidder’s capabilities in meeting the requirements of the RFP. Extensive promotional materials, colored displays, or other extraneous content are neither necessary nor desired, and may detract from the clarity of the response. Emphasis should be placed on adherence to RFP instructions, responsiveness to requirements, and overall completeness and clarity.

Bidders are cautioned that including unnecessary or unsolicited materials could inadvertently introduce content that may result in proposal rejection.

Before submitting each document, the Bidder should carefully proofread it for errors and adherence to the RFP requirements.

Proposals must be complete, unaltered, and submitted on the State’s official forms.

Conditional, incomplete, or irregular proposals will be rejected, as will those containing conflicting supplier terms or any material deviation from RFP requirements. Follow the Proposal Submittal Format specified in Section 3 – Proposal Submittal Items.

C. BIDDER’S COST

Costs for developing Proposals are entirely the responsibility of the Bidder and shall not be chargeable to the State.

D. FALSE OR MISLEADING STATEMENTS

Proposals which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal.

E. SIGNATURE OF PROPOSAL

All Bidders must complete the Agreement Cover Letter and include it with the proposal.

The Agreement Cover Letter shall be signed by an individual who is authorized to contractually bind the firm submitting the proposal. An unsigned Agreement Cover Letter will result in the Final Proposal being rejected

5. PROPOSAL SUBMITTAL FORMAT

A. ELECTRONIC PROPOSAL SUBMITTAL INSTRUCTIONS

Proposals must be received by the proposal due date and time in Section 1, Item 2, Key Action Dates. Proposals received after this date and time will not be considered. Bidders should ensure their email is set to receive a delivery receipt when submitting the electronic proposal. The Bidder shall bear all risks associated with delivery of proposals, including but not limited to, delivery delays due to file size, etc.

Attachment 2, Cost Worksheet must be submitted as a separate attachment and clearly labeled.

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The completed proposal response shall be submitted by email as follows:

Email proposals to OTA@dgs.ca.gov

Only proposals received for this mailbox will be considered. Proposals shall not be sent to any other mailbox.

Email should clearly identify in the Subject Line:

Proposal Response for BU 7760, Event ID 37224, < Proposal due date>, Jennifer

Maier, <Company Name>

Emails should not exceed one hundred fifty (150) megabytes (MB). The State’s mail server may automatically reject excessively large emails. Bidder may submit multiple emails if file size exceeds the recommended one hundred fifty (150) MB. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.) in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved

Email must contain all proposal submittal items responsive to the RFP.

Attachment 2 – Cost Worksheet MUST BE a separate file attachment.

Emails will not be opened by the Procurement Official until the required proposal due date and time.

Attachment 2 – Cost Worksheet will not be opened by the Procurement Official until the time and date indicated in Section 1, Item 2, Key Action Dates, Cost Opening.

Hard copy and faxed proposals will not be accepted for this solicitation.

B. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF PROPOSALS

A Bidder may withdraw its proposal at any time prior to the proposal due date and time specified in Section 1, Item 2, Key Action Dates, by submitting a notification of withdrawal signed by the authorized personnel on the Agreement Cover Letter. The Bidder may submit a new or modified proposal prior to such proposal submission date and time. Modifications offered in any other manner, oral or written, will not be considered. Should a Bidder submit multiple emails and no notification of withdrawal by the proposal due date and time, DGS- PD will deem the last received submittal as the final to be evaluated. Final Proposals cannot be withdrawn after the date and time of the Final Submission of Proposal due date.

6. EVALUATION AND SELECTION PROCESS

A. GENERAL

Proposals will be evaluated in accordance with Attachment 8 – Value Effective Evaluation and Scoring Criteria. Evaluation and Selection will be conducted in the following six (6) phases:

mailto:OTA@dgs.ca.gov

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• Phase 1 – Acceptance

• Phase 2 – Administrative Requirements

• Phase 3 – Mandatory Requirements

• Phase 4 – Technical Assessment: Technical Narrative

• Phase 5 – Technical Assessment: Interview/Demonstration

• Phase 6 - Cost

B. VALIDATION OF REQUIREMENTS

The State will check each proposal in detail to determine its compliance with the proposal requirements. If a proposal fails to meet proposal requirements, the State will determine whether the deviation is material. A material deviation will be cause for rejection of the proposal. An immaterial deviation will be processed as if no deviation had occurred.

C. RESPONSIBLE BIDDER

DGS may require Bidders to submit evidence of their qualifications. This includes, but is not limited to, the necessary number of personnel with the skills required, equipment of appropriate type and sufficient quantity, financial resources sufficient to complete performance under the agreement, and experience in similar endeavors. If such information is required, the Bidder will be notified to submit the required information. If the State determines the Bidder is not responsible, the proposal will be rejected.

D. CLARIFYING INFORMATION

During the evaluation and selection process, the State may ask the Bidder to clarify conflicting information in their proposal response when compliance with the solicitation requirements cannot be determined. Clarifications provided by the Bidder may not change the original proposal submission. Missing or non-compliant proposal response information is not grounds for the State to request clarification. Clarification will not be requested if the Bidder has been deemed non-compliant of other mandatory requirements. It is the responsibility of the Bidder to submit a complete, legible, and comprehensible proposal.

Failure to submit the requested written clarification within the timeframe provided by the State will be grounds for proposal rejection.

E. ERRORS IN FINAL PROPOSALS

An error in the Final Proposal may cause the rejection of that proposal; however, the State may at its sole option retain the proposal and make certain corrections.

To determine if a correction is appropriate, the State will consider the conformance of the proposal to the format and content required by the RFP, and any unusual complexity of the format and content required by the RFP.

If the Bidder's intent is clearly established based on review of the complete Final Proposal submittal, the State may at its sole option correct an error based on that established intent.

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The State may at its sole option correct obvious clerical errors, arithmetic errors, and discrepancies. If necessary, the cost extensions and summary will be recomputed accordingly, if obviously misstated.

The State may at its sole option correct errors of omission, and in the following two (2) situations, the State will take the indicated actions if the Bidder's intent is not clearly established by the complete proposal:

1. If cost for an item is omitted from the cost data provided in the proposal it will be interpreted to mean that the item will be provided by the Bidder at no cost.

2. If an item is not mentioned at all in the Final Proposal and is essential for satisfactory performance, the proposal will be interpreted to mean that the item will be provided at no cost.

Where applicable, if the re-computations, as applied in accordance with this section, result in significant changes in the amount of money to be paid to the Bidder (if awarded the contract), the Bidder will be given the opportunity to promptly establish the grounds justifying relief from its proposal.

It is absolutely essential that Bidders carefully review the cost elements in their Final Proposal since they will not have the option to correct errors after the date and time for submission of the Final Proposal.

F. REJECTION OF PROPOSALS

DGS-PD may reject any or all Proposals and may waive any immaterial deviation or defect in a proposal. DGS-PD's waiver of any immaterial deviation or defect shall in no way modify the RFP or excuse the Bidder from full compliance with the RFP specifications, if awarded the contract.

G. DRAFT PROPOSALS

If the State determines that proposals from all Bidders contain material deviations, the State may declare Final Proposals to be Draft Proposals. Bidders may not protest the State’s determination that all proposals have material deviations. If all proposals are declared noncompliant, the State may issue an addendum to the RFP. Should this occur, confidential discussions will be held with Bidders who are interested in continuing to participate in the bidding process. Oral statements made by either party during confidential discussions shall not be binding. Each Bidder will be notified of the due date for the submission of new Final Proposals. This submission must conform to the requirements of the original RFP and, if applicable, any subsequent addenda. The new Final Proposals will be evaluated in accordance with Attachment 8 – Value Effective Evaluation and Scoring Criteria.

7. PUBLIC COST OPENING

Proposals received by the due date and time and have met the applicable administrative and technical scoring requirements, will have their Attachment 2 – Cost Worksheets opened and read at a public cost opening. Cost opening will be conducted through Microsoft Teams. All participating Bidders and interested parties may attend by using the Microsoft Teams access information below:

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Microsoft Teams Meeting Link Call in: 916-245-8850 Conference ID: 485 558 788#

The cost opening will begin at the time and date indication in Section 1, Item 2, Key Action Dates. Participants are encouraged to call in on time to be admitted.

Following the Cost Opening, DGS will conduct the final phase of the Value Effective Evaluation and Selection scoring.

8. NOTICE OF INTENT TO AWARD

Award, if made, will be in accordance with Attachment 8 – Value Effective Scoring Criteria, to a responsible Bidder whose Final Proposal complies with all the requirements of the RFP and any addenda thereto, except for such immaterial defects as may be waived by DGS-PD.

DGS will post the Notice of Intent to Award to the DGS website Award Notifications pursuant to Section 1, Item 8, Alternate Protest Procedure.

9. DEBRIEFING

A debriefing may be held after contract award at the request of any Bidder. The discussion will be based primarily on the administrative, technical, and cost evaluations of the Bidder's Final Proposal. A debriefing is not the forum to challenge the RFP specifications or requirements.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGYzOTMwOGMtYjU2NC00ZTAwLTlkNDItNjlkZGFlOWJkNGEw%40thread.v2/0?context=%7b%22Tid%22%3a%22ea45f7b1-07d7-49a8-b8f5-37136ec9382d%22%2c%22Oid%22%3a%22a03e41c9-574d-48ea-8fb8-78277c20d816%22%7d https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Award-Notifications

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SECTION 3 – PROPOSAL SUBMITTAL ITEMS

1. PROPOSAL SUBMISSION DESIGNATIONS

A. MANDATORY REQUIREMENTS

All items within this RFP labeled mandatory (M)(P/F) are non-negotiable. A Pass/Fail evaluation will be utilized for all mandatory requirements. By signing the Agreement Cover Letter referenced in Section 1, Proposal Submission Items, and submission of a proposal, the Bidder agrees to all mandatory RFP requirements.

B. NON-MANDATORY REQUIREMENTS

The RFP may include both preference programs and product/contract performance items identified as non-mandatory (NM) requirements. Bidders are not required to comply with these requirements to be compliant with the RFP. However, if a Bidder applies for a preference, the Bidder must meet the applicable preference requirements and provide the required preference documentation as outlined in the relevant section. Bidders who offer the non-mandatory product/contract performance items in their proposal are required, if awarded, to provide those items for the duration of the resultant contract.

C. SCORED REQUIREMENTS

The RFP may include both mandatory scored (M)(S) and non-mandatory scored (NM)(S) requirements. Mandatory scored requirements are non-negotiable. Mandatory and non-mandatory scored items will achieve points as identified in Attachment 8 – Value Effective Evaluation and Scoring Criteria.

2. ADMINISTRATIVE REQUIREMENTS

Administrative proposal submission items are included as part of this RFP or are included electronically by link. If Bidder is unable to download an electronic document, contact the procurement official to request the document.

A. AGREEMENT COVER LETTER (M)(P/F)

All Bidders must complete the Agreement Cover Letter and include it with the proposal.

The Agreement Cover Letter (which shall be considered an integral part of the proposal) shall be signed by an individual who is authorized to bind the bidding firm contractually. An unsigned Agreement Cover Letter shall cause the proposal to be rejected.

By signing the Agreement Cover Letter and submitting a proposal, Bidder is agreeing to accept all of the terms and conditions of the general provisions without addition or modification and to comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California.

B. COST WORKSHEET (M)(P/F)

Bidders shall submit one (1) electronic copy in Microsoft Excel format of the completed Attachment 2 – Cost Worksheet as a separate attachment with the emailed proposal response. To be considered for award, all line items in Attachment 2 – Cost Worksheet

Procurement Division BU 7760, RFP 37224, Page 16 of 23 must be complete. Failure to submit the Attachment 2 – Cost Worksheet with the proposal response shall result in the proposal being considered non-responsive.

Prices quoted shall be all inclusive. Only the prices submitted in the proposal response shall be included in the awarded agreement. No other fees can be charged to the customer.

Attachment 2 – Cost Worksheet must be filled out completely or the proposal may be rejected. Modification of the Cost Worksheet will disqualify the Bidder.

C. NARRATIVE RESPONSE (M)(P/F)

The RFP includes some items that require a narrative response. Those items have been listed on Attachment 3 – Narrative Response. Bidders shall input narrative responses on the attachment only, and only for the items requested. If necessary, Bidders may add pages to the attachment to further explain their response.

Bidders shall not input narrative responses within the RFP document, nor should narrative responses be included for items the State did not list on Attachment 3 – Narrative Response.

D. SECRETARY OF STATE (M)(P/F)

Bidders are required to provide, if a corporation or limited liability company, their Secretary of State (SOS) certification number on Attachment 3 – Narrative Response.

If applicable, SOS certification must be approved and in “Active” status prior to agreement award.

E. DECLARATION FORMS (M)(P/F)

All Bidders must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid response. When completing the declaration, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded an agreement are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the agreement.

If a Bidder proposes the use of a subcontractor for a portion of the agreement, the Bidder agrees that all requirements will be adhered to and that requirements will apply to subcontractors. All subcontractors must comply fully with the administrative and technical requirements that are applicable with the portion of the work being delegated to the subcontractor.

Bidders and any subcontractors who have been certified by California as a DVBE (or who are proposing rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed Disabled Veteran Business Enterprise Declaration Form DGS PD 843.

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form. The completed form should be included with the response.

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

Procurement Division BU 7760, RFP 37224, Page 17 of 23

F. PAYEE DATA RECORD (NM)

To be awarded this agreement, the Bidder is required to complete, sign, return a Payee Data Record (STD 204) with their proposal response or within five (5) days of request from the State.

G. DARFUR CONTRACTING ACT (NM)

Public Contract Code §§ 10475 -10481 applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. For such a company to bid on or submit a bid for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the DGS to submit a bid.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code § 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a bid for a contract with a State agency for goods or services (Public Contract Code § 10477(a)), unless written permission from the Director of DGS to bid on this procurement has been granted (Public Contract Code § 10477(b)).

Bidder is required to submit a completed Darfur Contracting Act form with bid response or within five (5) day upon request of the State, if their company currently or within the previous three (3) years has had business activities or other operations outside of the United States.

The Darfur Contracting Act form should be submitted with the bid response. If this document is not included in the bid response, Bidder shall provide it within five (5) days after request from the State. Failure to submit required information may result in the bid being considered non-responsive.

If a Bidder has not conducted business outside of the United States in the last three (3) years, this section does not apply. Bidders shall submit their response on Attachment 3 - Narrative Response.

H. CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION (M)(P/F)

Pursuant to PCC § 2010, any Bidder entering into or renewing an agreement over $100,000 on or after January 1, 2017, shall certify all the following:

That they comply with the Unruh Civil Rights Act (§ 51 of the Civil Code).

That they comply with the California Fair Employment and Housing Act (FEHA) (Chapter 7 (commencing with § 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (§ 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with § 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations, or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (§ 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with § 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx

Procurement Division BU 7760, RFP 37224, Page 18 of 23

Bidders are required to submit the California Civil Rights Laws Certification form with the proposal response. Failure to submit this form may result in the proposal being considered non-responsive.

I. IRAN CONTRACTING ACT (M)(P/F)

Bidder must either a) certify it is not on the current list of persons engaged in investment activities in Iran created by DGS pursuant to PCC 2203(b) and is not a financial institution extending $20 million or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of person engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement pursuant to PCC section 2203(c) or (d).

The DGS list of entities prohibited from contracting with public entities in California in accordance with the Iranian Contracting Act, 2010, can be found at DGS Iran Contracting Act Ineligibility List

Bidder shall submit their response on Attachment 3 – Narrative Response. Failure to submit a response will result in the proposal being considered non-responsive.

J. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) (M)(P/F)

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

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

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/ proposals 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.

Bidder shall provide the above notifications by completing the GenAI portion in Attachment 3 – Narrative Response. Failure to report GenAI to the State may result in disqualification.

http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses#@ViewBag.JumpTo https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses#@ViewBag.JumpTo https://www.dgs.ca.gov/Resources/SAM/TOC/4900/4986-2 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=11549.64.&highlight=true&keyword=Generative%20Artificial%20Intelligence

Procurement Division BU 7760, RFP 37224, Page 19 of 23

3. BIDDER MANDATORY REQUIREMENTS (M)(P/F)

Bidder must complete and submit Attachment 4 – Bidder Mandatory Requirements and submit with Final Proposal.

4. MANDATORY SOLUTION REQUIREMENTS (M)(P/F)

Bidder must complete and submit Attachment 5 – Mandatory Solutions Requirements Checklist and submit with Final Proposal. Demonstration of how Bidder’s solution meets the Mandatory Solution Requirements must be documented in the Technical Response.

5. TECHNICAL RESPONSE (M)(S)

Technical response prompts are shown on Attachment 6 – Technical Response and must be addressed and provided by the Bidder. All technical requirements, Mandatory Solutions Requirements, and Optional Solution Requirements (if applicable) must be narratively documented.

6. OPTIONAL SOLUTIONS REQUIREMENTS (NM)(S)

The Bidder may document how their solution exceeds the Mandatory Solution Requirements by completing Attachment 7 – Optional Solution Requirements Checklist. Demonstration of how Bidder’s solution meets the Optional Solution Requirements must be documented in the Technical Response.

7. INTERVIEW / DEMONSTRATION (M)(S)

For scoring purposes, the Interview / Demonstration as shown on Attachment 9 – Interview / Demonstration, is considered part of the Technical Response. Attachment 9 is for informational purposes only and is not a Proposal Submittal Item.

The State anticipates holding interviews and demonstrations on the date and time shown in Section 1, Item 2, Key Action Dates. Bidders are advised to ensure availability before and after those dates to allow for flexibility in scheduling.

8. SOCIOECONOMIC PREFERENCE AND INCENTIVE PROGRAMS (NM)

This solicitation may include the following socioeconomic programs:

• Disabled Veteran Business Enterprise (DVBE) Program Requirements and Incentive

• Refer to the California DVBE Program Requirements – For Goods and Information

Technology (1/2022) for detailed requirements and instructions for the DVBE program.

• Small Business Preference

• Small Business Nonprofit Veteran Services Agencies (SB/NVSA)

• Non-Small Business Subcontractor Preference

• Target Area Contract Preference Act (TACPA) Preference

Preference and Incentive Programs are identified below. When the Bidder satisfies the requirements and requests bid preferences and/or incentives, the Bidder must clearly identify which programs it qualifies for in Attachment 3 – Narrative Response. To be considered responsive to the bid preference and/or incentives, the Bidder Declaration Form GSPD-05-https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf

Procurement Division BU 7760, RFP 37224, Page 20 of 23

105, and for DVBE, the DVBE Declaration Form DGS PD 843, must be submitted with bid response.

The total amount of Preferences and Incentives a bidder can receive is 15 percent of the lowest net bid amount or $100,000.00, whichever is less for low bid.

A. DVBE Incentive

Pursuant to Military and Veterans Code § 999.5, subdivision (a), a bid incentive of 1 to 5 percent will be applied for DVBE participation regardless of whether the DVBE Participation Requirement is exempted. A Bidder is eligible to receive the DVBE incentive if they are a certified DVBE or if a non DVBE Bidder commits to use a certified DVBE(s) as subcontractor(s). To be considered for the incentive, Bidder must complete and return the DVBE Declaration Form STD. 843.

At the State’s option and upon request, a Bidder working with DVBE subcontractors shall submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor(s) the Bidder Declaration (GSPD-05-105). When requested, the written confirmation must be submitted via email within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.

B. Small Business Preference

The following information shall apply to both Small Businesses (SBs) and Microbusinesses (MBs)

A 5 percent bid preference is available to Bidders certified as a small business in accordance with Government Code (GC) § 14835 et seq. Bidders claiming the small business preference must be certified by California as a small business. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. PT on the bid due date, and the OSDS must be able to approve the application as submitted. The Small Business regulations concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals can be viewed in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, § 1896 et seq.).

C. Small Business Nonprofit Veteran Services Agencies (SB/NVSA)

SB/NVSA prime Bidders meeting requirements specified in the MVC § 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5 percent small business preference. SB/NVSAs claiming the small business preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

D. Non-Small Business Subcontractor Preference

A 5 percent bid preference is available to a non-small business claiming 25 percent California Certified small business subcontractor participation.

https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IABE101D0D49111DEBC02831C6D6C108E&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IABE101D0D49111DEBC02831C6D6C108E&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)

Procurement Division BU 7760, RFP 37224, Page 21 of 23

E. Target Area Contract Preference Act (TACPA) Preference This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request will not be grounds for bid rejection.

TACPA workplace and workforce preferences will be considered in the evaluation.

California-based businesses seeking TACPA preferences must complete and submit the required preference request forms with their bid. Please refer to the Request Target Area Contract Preference webpage for the necessary forms and to use the interactive map to determine whether your business is located within a qualified TACPA zone.

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

If awarded, contracts applying TACPA will incorporate by reference the provisions in § 2 CCR 1896.40. The State reserves the right to verify, validate, and clarify all information provided in the TACPA preference application.

Any questions regarding the TACPA…