RFP_8CA06779.pdf

STATE OF CALIFORNIA------- THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CALIFORNIA DEPARTMENT OF

FORESTRY & FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

April 5, 2024

Request for Proposal – Secondary Notice to Prospective Proposers

RFP Number 8CA06779

You are invited to review and respond to this Request for Proposal (RFP) Number 8CA06779, titled Jackson Demonstration State Forest Management Plan. In submitting your proposal, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

A Disabled Veteran Business Enterprise (DVBE) goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this RFP. See Section D, Special Programs, Item 1, in this RFP for requirements.

Note: All Agreements entered into with the California Department of Forestry and Fire Protection (CAL FIRE) will include, by reference, General Terms and Conditions (GTC 04/2017) and Contract Certification Clauses (CCC 04/2017) that must be downloaded at: Standard Contract Language (ca.gov).

In the opinion of CAL FIRE, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this RFP is:

Janette Galvin, Contracts Analyst California Department of Forestry and Fire Protection

Email address: janette.galvin@fire.ca.gov Phone: (916) 894-9831

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

Technical questions regarding this solicitation will be addressed, in writing, in accordance with the Questions and Answers portion of this RFP. See Section C), 3. Questions and Answers for more details.

Sincerely, JANETTE GALVIN

Contracts Analyst http://www.fire.ca.gov/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:janette.galvin@fire.ca.gov

CAL FIRE

RFP Number 8CA06779

Table of Contents

Section Page

A) Purpose and Description of Service 3

B) Minimum Qualifications for Proposers 3

C) Proposal Requirements and Information 3

1. Time Schedule 3

2. Optional Pre-Proposal Conference 3

3. Questions and Answers 4

4. Technical Proposal Requirements 4

5. Cost Proposal Requirements 6

6. California Civil Rights Laws 7

7. Darfur Contracting Act 7

8. Mandatory Organic Waste Recycling 8

9. Submission of Proposal 8

10. Evaluation Process 11

11. Audit 13

12. Award and Protest 13

13. Disposition of Proposals 14

14. Standard Conditions of Service 14

D) Special Program(s) 15

1. Disabled Veteran Business Enterprise (DVBE) Participation Requirements

2. Small Business (SB) Enterprise or Microbusiness (MB) Preference 16

Attachments

1. 1 Sample Cost Proposal Worksheet 18

2. 2 Sample Key Personnel Hours Table 21

3. 3 Sample Reference Form 22

4. 4 Proposal/Proposer Certification Sheet 23

5. 5 Required Attachment Checklist 25

6. 6 Criteria for Evaluation of Consultant – Technical Proposal 27

7. 7 Criteria for Evaluation of Consultant – Virtual Oral Presentation 29

8. 8 Criteria for Evaluation of Consultant – Cost Proposal 30

9. Darfur Contracting Act Certification 31

10. 9 Sample STD 213 Proposed Form of Agreement 33

A) Purpose and Description of Services

Refer to the Proposed Form of Agreement, which is attached to this RFP as Attachment 10, Exhibit A for a more complete description of services.

B) Minimum Qualifications for Proposers

1. The Proposer must be either be an individual or firm currently licensed to do business in California and provide proof of such as required in Attachment 6, Required Attachment Checklist.

2. The Proposer must have a business license or incorporation papers for their respective State, showing that their company is in good standing in that state (if the Prime Proposer’s base of operation is located outside the State of California) and provide proof of such as required in Attachment 6, Required Attachment Checklist.

3. The Proposer shall demonstrate that at least one (1) member of its team is a current and valid California Registered Professional Forester and provide proof of such as required in Attachment 6, Required Attachment Checklist.

4. The Proposer shall provide a Statement of Qualifications demonstrating that the Principal committed to this project has a minimum of five (5) years’ experience in planning and writing forest management plans, as required in Attachment 6, Required Attachment Checklist.

C) Proposal Requirements and Information

1. Time Schedule

It is recognized that time is of the essence. All proposers are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Event Date Time

(Pacific Time)

RFP available to prospective proposers April 5, 2024

Optional Pre-Proposal Teleconference May 6, 2024 3:00 p.m.

Written Question Submittal May 13, 2024 5:00 p.m.

Final Date for Proposal Submission May 28, 2024 5:00 p.m.

Virtual Oral Interviews (estimate) Week of June 10, 2024

Posting of Notice of Intent to Award (estimate) Week of June 24, 2024

Proposed Agreement Award Date (estimate) Week of July 1, 2024

2. Optional Pre-Proposal Teleconference

A. An optional pre-proposal teleconference will be held at 3:00 p.m. on May 6, 2024 for the purpose of discussing this RFP.

Teleconference Dial-In Number: (650) 564-3271

Participant Code: 836 862 620#

B. An authorized representative may attend the optional pre-proposal teleconference on behalf of a potential prime contractor. The representative may only sign-in for one (1) company. Subcontractors may not represent a potential prime contractor at optional pre-proposal conference.

C. For proposers who need assistance due to a physical impairment, a reasonable accommodation will be provided upon request for the optional pre-proposal conference. The proposer must contact Kevin Conway (kevin.conway@fire.ca.gov or

(530) 339-0286) no later than the fifth (5th) working day prior to the scheduled date and time of the optional pre-proposal conference to arrange for a reasonable accommodation.

3. Questions and Answers

A. Questions regarding this RFP must be submitted in writing by 5:00 p.m. on May 13, 2024. Proposers are encouraged to submit their written questions via e-mail to janette.galvin@fire.ca.gov.

B. Written questions must include the individual's name, firm name, complete address and must reference RFP No. 8CA06779.

C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx).

It is the responsibility of the proposer to access the website for any changes or Addenda that may be posted. Refer to this RFP, Section C) 1., Time Schedule, for the schedule of events and dates/times. Proposer can contact the Contract Analyst named above.

4. Technical Proposal Requirements

A. One (1) PDF copy on a thumb drive will be required for the Technical Proposal.

Technical Proposal shall contain at a minimum, all required items listed below.

Requirement’s location must be listed in a Technical Proposal, Table of Contents. Also see RFP Section C) 9., Submission of Proposal, for submittal details.

1) Section 1. Introduction and Minimum Qualifications: Proposer shall:

a. Introduce its team and summarize the highlights of the proposal.

b. Provide the information to demonstrate the minimum qualifications listed in RFP Section B) Minimum Qualifications for Proposers.

2) Section 2. Project Management: Proposer shall:

a. Designate, by name, the Project Manager to be employed. Project Manager shall be responsible for implementing the Scope of Work, overseeing the activities of the project team, and shall be the single point of contact for this contract. The Project Manager must be available to CAL FIRE as needed to effectively manage this contract. The selected Contractor shall not cause the substitution of the Project Manager without prior written approval of CAL FIRE.

b. Explain how the various tasks will be managed and coordinated, and how the project manager’s technical expertise will support the effective management and coordination of all activities described in the Scope of Work.

c. Provide an organizational flow chart showing the hierarchy of the proposer’s team personnel that will be utilized during the term of the Agreement. The chart must show the relationship between the Project Manager and personnel of the proposer’s organization and other parties (including subcontractors) to the proposal.

mailto:kevin.conway@fire.ca.gov mailto:janette.galvin@fire.ca.gov?subject=Inquiry:%20JDSF%20Forest%20Management%20Plan%20RFP%20(8CA06779) https://caleprocure.com/pages/index.aspx

3) Section 3. Personnel: This Section of the Technical Proposal shall identify the proposed team and key personnel. Key personnel shall have experience with, and in- depth knowledge of, techniques and procedures necessary to accomplish the various tasks listed in Attachment 10, Proposed Form of Agreement, Exhibit A, Scope of Work.

a. Identify all key personnel of the prime contractor who will be working under the Agreement and provide brief (two (2) pages maximum) resumes. Include titles, education, academic degrees, professional licenses, qualifications, proposed roles and responsibilities, summaries of similar work performed and expected level of availability for this Agreement.

b. Introduce the proposed subcontractor organizations, if any, and provide qualifications, roles, and responsibilities for the company/organization as a whole. Provide brief (two (2) pages maximum) resumes for each of the subcontractors’ key personnel listed to provide services under the Agreement. Include titles, education, academic degrees, professional licenses, qualifications, proposed roles and responsibilities, summaries of similar work performed and expected level of availability for this Agreement. (The cost of the subcontracted work is to be itemized in the Cost Proposal as described below in Cost Proposal Requirements.)

c. Proposer shall provide a table in the format provided on Attachment 2, A. indicating how many hours each key personnel will be assigned for the Agreements and what task(s) each key personnel will perform. All key personnel of prime contractor and subcontractors assigned to the contract and listed in the Proposer’s Technical Proposal must be identified by name, title, and firm name in the table (Attachment 2, A.). Hours listed for key personnel on the table should match hours listed for key personnel in the Cost Proposal.

d. The selected contractor shall not substitute the listed key personnel or subcontractors without prior written approval by the CAL FIRE Contract Manager.

4) Section 4. Qualifications and Experience: Proposer shall:

a. Document the project team’s qualifications as they apply to performing the tasks described in the Scope of Work. Describe recently completed work as it relates to this scope of work.

b. Provide a table or matrix of relevant, previous contracts or projects cross-referenced with the requested services. Indicate the number of years of experience in each area.

c. Provide a minimum two (2) and maximum three (3) samples of relevant work experience identified under Task One (1) through Task Three (3) in the Scope of Work (Attachment 10, Exhibit A, Scope of Work).

5) Section 5. Work Plan and Work Schedule: Proposer shall provide a work plan and/or schedule for task completion. Identify each major task, necessary subtasks, and/or specific milestones by which progress can be measured and payments made. Provide a detailed description of the techniques, approaches, and methods to be used in performing the services (tasks and sub-tasks) listed in Attachment 10, Proposed Form of Agreement, Exhibit A, Scope of Work. The work plan or schedule shall specify the estimated hours to accomplish each task.

6) Section 6. Facilities and Resources: This Section shall:

a. Identify the location of the prime contractor and subcontractor’s headquarters and satellite office(s) and proposed methods of minimizing costs to CAL FIRE.

b. Describe the facilities, infrastructure, and resources available to the team.

c. Describe organizational flexibility in resource allocation to deal with potential unforeseen issues and circumstances, in the interest of completing the project on time.

d. Describe the organizational strategy and tools to facilitate, promote, and maintain effective team work internally, and with clients.

7) Section 7. References: Proposer shall provide a minimum of two (2) references and a maximum of three (3) references. The references must be clients for whom the proposer has performed similar or related work in the past, preferably within the last five (5) years. Each reference must be in the format listed in Attachment 2., Section B.

B. Page Headers and Page Numbering

All pages of the Technical Proposal, including cover pages, Table of Contents, references, and résumés, shall have the following header and page numbering format in the upper right-hand corner:

Technical Proposal Date: MM/DD/YYYY Agreement: 8CA06779 Attachment 2 Page # of ##

C. Brochures, thumb drives, drawings, and other promotional documents being submitted with the Technical Proposals shall be clearly identified as to the name of the proposer and the RFP number.

D. The budgeted allocation for the resulting agreement is $750,000.00.

5. Cost Proposal Requirements

A. Cost Proposal, and only the Cost Proposal, shall list all items that will be charged to CAL FIRE for this Agreement. Cost information of any kind for this Agreement is not allowed in the Technical Proposal. Cost Proposal shall include both prime contractor and all subcontractors cost information. Cost Proposals shall follow the format provided in the sample Cost Proposal Worksheet, Attachment 1, and shall be submitted along with Technical Proposal in one (1) sealed envelope. The resulting Agreement cannot exceed the budgeted allocation of $750,000.00.

B. One (1) PDF copy on a thumb drive is required for the Cost Proposal. Cost Proposal shall contain at a minimum, all required items listed below:

1) Cover page in the format listed on page 1 of Attachment 1, Cost Proposal Worksheet.

2) Prime Contractor’s cost breakdown in the format listed on page 2 of Attachment 1, Cost Proposal Worksheet.

3) Each subcontractor’s cost breakdown (separately) in the format listed on page 3 of Attachment 1, Cost Proposal Worksheet.

C. Page Headers and Page Numbering

All pages of the Cost Proposal, including cover pages, Table of Contents shall have the following header and page numbering format in the upper right-hand corner:

Cost Proposal Date: MM/DD/YYYY Agreement No. 8CA06779 Attachment 1 Page # of ##

6. California Civil Rights Laws

Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a State agency with respect to any contract in the amount of one hundred thousand dollars ($100,000.00) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, that they satisfy all of the conditions set forth in California Public Contract Code (PCC) §2010 and they shall execute the California Civil Rights Laws Certification and submit with bid.

7. Darfur Contracting Act

A. The Darfur Contracting Act (PCC §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. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC §10475.

All bidders shall complete the Darfur Contracting Act Certification (Attachment 10) and submit with proposal.

B. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, you do not need to complete Darfur Contracting Act Certification (Attachment 10).

C. A scrutinized company is a company doing business in Sudan as defined in PCC §10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (PCC §10477(a)).

D. Therefore, PCC §10478(a) requires a company that currently has (or within the previous three (3) years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency.

E. A scrutinized company may still, however, submit a bid or proposal for a contract with a state agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in PCC §10477(b).

8. Mandatory Organic Waste Recycling

The Contractor generating organic waste or commercial solid waste shall arrange for the recycling services required by this Section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction's franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit, or abrogate the contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code (PRC) §42649.8 et seq.

9. Submission of Proposal

A. 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 sufficient cause for rejection of a proposal or reduction in points/score during evaluation.

B. The original proposal must be single-sided and marked "ORIGINAL COPY". All documents contained in the original proposal package must have original signatures and must be signed by a person who is authorized to bind the proposing firm. All additional proposal sets may contain photocopies of the original package.

C. CAL FIRE does not accept alternate Agreement 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 (GTC 04/2017) are not negotiable and may be viewed at: Standard Contract Language (ca.gov).

D. No oral understanding or agreement shall be binding on either party.

E. All proposals shall include the documents identified in this RFP’s Required Attachment Checklist, Attachment 6. Proposals not including the proper "required attachments" may be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

F. Responses to this RFP shall be submitted in one (1) sealed package/envelope containing both the Technical Proposal (one (1) PDF copy on a thumb drive) and Cost Proposal (one (1) PDF copy on a thumb drive).

G. Proposals must be submitted no later than 5:00 p.m. on May 28, 2024, and addressed as follows (reference Section C) 1., Time Schedule):

Proposals received after this time and date will be rejected and returned unopened.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

The proposal package/envelope must be plainly marked with the RFP number and title, your Firm Name, address, and must be marked with "DO NOT OPEN", as shown in the following example:

Agency/Firm Name Address RFP Number: 8CA06779 RFP Title: JDSF Management Plan

Do Not Open

Proposals not submitted under sealed cover and marked as indicated may be rejected. If the proposal is made under a fictitious name or business title, the actual legal name of proposer must be provided.

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

I. Proposals (Technical and Cost) must be sealed and labeled (as instructed below).

Mail or deliver package to the following location:

Mailed or Delivered To:

California Department of Forestry & Fire Protection Business Services Office (BSO) Attention: Janette Galvin 710 Riverpoint Court West Sacramento, CA 95605

In the upper portion of the sealed mailing envelope, label outer package:

RFP Number: 8CA06779 RFP Title: JDSF Management Plan Firm Name: [Add firm name]

DO NOT OPEN

*If your proposal is hand-delivered, you must date, and time stamp it immediately upon arrival, ask the security guard to call the Mail Room to have your proposal package picked up by CAL FIRE staff.

J. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. CAL FIRE may reject a proposal that is not responsive, does not meet the technical standards, or is not from a responsible proposer, or may reject all proposals. CAL FIRE may also waive any immaterial deviation in a proposal. CAL FIRE waiver of immaterial defect shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if the proposer is awarded the Agreement.

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

L. Only an individual who is authorized to contractually bind the proposing firm shall sign the Proposal/Proposer Certification Sheet, Attachment 4. The signature must indicate the title or position that the individual holds in the firm. The proposer’s proposal may be rejected if the Proposal/Proposer Certification Sheet is not signed.

M. A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline.

Proposal modifications offered in any other manner, oral or written, will not be considered.

N. A proposer may withdraw its proposal by submitting a written withdrawal request to CAL FIRE that is signed by the proposer or an authorized agent. A proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

O. CAL FIRE may modify the RFP up to the specified time of the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package. All addenda prior to the submission deadline are also posted on Cal eProcure at: Event Search (ca.gov).

P. CAL FIRE reserves the right to reject all proposals for reasonable cause. CAL FIRE is not required to award an agreement.

Q. Proposers are cautioned to not rely on CAL FIRE during the evaluation to discover and report to the proposer any defects and errors in the submitted documents. Before submitting their documents, proposers should carefully proof them for errors and adherence to the RFP requirements.

R. Where applicable, proposer should carefully examine worksites and specifications.

Proposer shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of worksites and specifications.

S. More than one (1) proposal or a proposal that includes various options or alternatives from an individual, firm, partnership, corporation, or association under the same or different names, will be rejected. Reasonable grounds for believing that any proposer has submitted more than one (1) proposal for the work contemplated herein will cause the rejection of all proposals submitted by that proposer. If there is reason for believing that collusion exists among the proposers, none of the participants in such collusion will be considered in this or future procurements.

T. Proposer must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code (RTC) §18662 and 26131. This form can be found at: STD 204 - Payee Data Record (ca.gov). No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

U. Proposer must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found at: CCC (04/2017) form (ca.gov).

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

10. Evaluation Process

A. Format Requirements

1) At the time of proposal opening, each proposal will be checked for the presence and/or absence of required information in conformance with the submission requirements of this RFP. Proposals that do not provide requested information may be rejected as non-responsive.

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

B. Evaluation of Proposals

1) CAL FIRE will evaluate each proposal to determine its responsiveness to CAL FIRE needs. Proposals meeting the Minimum Qualifications will be further assessed by an evaluation committee. Technical Proposals and Virtual Oral Presentations of Proposers that are determined to be responsive will be rated by the evaluation committee using a consensus process. The Consensus scoring will be based on the scoring method listed below:

Evaluation Factor/Sub Factor Weight (as stated in the Criteria for Evaluation) x Consensus Rating

= Weighted Score

Consensus Rating (Range: 0-4)

Rating Definitions

4 Exceeded All Requirements

3 Partially Exceeded Requirements

2 Met All Requirements

1 Partially Met Requirements

0 Requirements Not Met

Example only: Weight Consensus

Rating Weighted

Score

Contractor's Approach to Technical Work

2 x 3 = 6

2) Phase 1: Technical Proposal Evaluation

Technical Proposals that are determined to be responsive and meet the proposal submission requirements will be evaluated and scored in accordance with Criteria for Evaluation of Proposer’s Technical Proposal, Attachment 7.

3) Phase 2: Virtual Oral Presentation and Evaluation

a) Proposers that meet a minimum Technical Proposal Score will be contacted to schedule a date and time for the Oral Presentation, which will be conducted virtually between CAL FIRE and each proposer team via an online, audio/video-conferencing platform such as Microsoft Teams or Zoom.

CAL FIRE will schedule the video conference and provide access information

Factor/Sub Factor to proposers. CAL FIRE will contact proposers in advance of the scheduled date and time for the Oral Presentation.

b) If using visual aids, such as a PowerPoint presentation, Proposers must email a PDF of their presentation to the email provided in the Oral Presentation invitation letter at least 24 hours prior to oral presentation. The PDF will be distributed to the evaluation committee on the day of the Oral Presentation prior to the starting time.

c) If, for any reason, during the virtual Oral Presentation session, technological problems arise that prevent the delivery and completion of the Oral Presentation in a satisfactory manner, in the opinion of CAL FIRE, then the Oral Presentation will be re-scheduled and conducted again. CAL FIRE may deem a proposal non-responsive due to the persistence of Proposer’s technological problems, in the opinion of CAL FIRE, such as, inter- connection and/or software compatibility during the Oral Presentation.

d) The Oral Presentations will be evaluated and scored in accordance with Criteria for Evaluation of Proposer’s Virtual Oral Presentation, Attachment 8. While the ability of the Contractor to competently work with online video-conferencing platforms is highly relevant to performance under this contract, the evaluations and scoring of the Oral Presentations for the purposes of this RFP will be based on the content of the presentation.

4) Cost Proposal Evaluation

Cost Proposals that meet the proposal submission requirements will be evaluated and scored in accordance with Criteria for Evaluation of Proposer’s Cost Proposal, Attachment 9.

5) The final proposal score will be the combined evaluation scores from the Technical Proposal, Virtual Oral Presentation and Cost Proposal. The Agreement will be awarded to the Proposer with the highest combined score who meets the requirements outlined in this RFP, pending approval of proposal’s satisfactory compliance of DVBE requirements, and approval of any applicable Preference and Incentive Programs set forth in this RFP.

C. Miscellaneous Award Issues

CAL FIRE does not negotiate rates and/or costs listed on any Cost Proposal submitted for the RFP.

If no proposals are received containing bids offering a price, which in the opinion of CAL FIRE is a reasonable price, CAL FIRE is not required to award an Agreement (PCC §10344 [d]).

The proposer is advised that should this RFP result in an award of an Agreement, the Agreement will not be in force and no work shall be performed until the Agreement is fully approved by CAL FIRE and the proposer is notified by the Contract Manager to begin work.

In the event of a precise tie, lots will be drawn to determine the successful proposer, or if applicable, the tie will be broken in accordance with Government Code (GOV) §14838(f).

D. NOTE: There will be no individual sheets, no written scores, and no written notes.

11. Audit

A. Contractor agrees that CAL FIRE, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement (GOV §8546.7, PCC §10115 et seq., CCR Title 2, §1896). Contractor shall comply with the above and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in

PCC §10115.10.

B. Link to Electronic Code of Federal Regulations Title 48 Chapter 1 Subchapter E Part 31: eCFR: Contract Cost Principles and Procedures (ecfr.gov).

12. Award and Protest

A. Notice of Intent to Award shall be posted on the Cal eProcure website (Event Search (ca.gov)) for five (5) working days prior to awarding the Agreement.

B. Proposers have the right to protest the award of CAL FIRE Agreements subject to the following grounds, processes, and procedures.

If any proposer, prior to the award of Agreement, files a protest with the DGS, Office of Legal Services, on the grounds that the (protesting) proposer would have been awarded the Agreement had the Agency correctly applied the evaluation standard in the RFP, or if the Agency followed the evaluation and scoring methods in the RFP, the Agreement shall not be awarded until either the protest has been withdrawn or the State has decided the matter. It is suggested that you submit any protest by certified or registered mail to:

California Department of General Services Office of Legal Services

Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605 Phone Number: (916) 376-5098 Email: OLSProtests@dgs.ca.gov

Within five (5) days after filing the initial protest, the protesting proposer shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. A copy of the detailed written statement should be mailed to CAL FIRE. It is suggested that you submit any protest by certified or registered mail.

https://www.ecfr.gov/current/title-48/chapter-1/subchapter-E/part-31 https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx mailto:OLSProtests@dsg.ca.gov

13. Disposition of Proposals

Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (GOV §6250 et seq.) and subject to review by the public.

The State cannot prevent the disclosure of public documents. However, the contents of all proposals, draft proposals, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a proposer's proposal, shall be held in the strictest confidence until the “Notice of Intent to Award” is posted. We recommend that you register the copyright for any proprietary material submitted.

14. Standard Conditions of Service

A. Service shall be available no sooner than the express date set by CAL FIRE and the proposer, after all approvals have been obtained and the Agreement is fully executed.

Should the proposer fail to commence work at the agreed upon time, CAL FIRE, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the proposer shall be liable to the State for the difference between proposer’s proposal price and the actual cost of performing work by the second lowest proposer or by another Contractor.

B. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

C. Antitrust Provisions

In submitting a bid to a public purchasing body, the proposer offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 USC §15) or under the Cartwright Act, Chapter 2, commencing with §16700, of Part 2 of Division 7 of the Business and Professions Code (BPC), arising from purchases of goods, materials, or services by the proposer for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the proposer (See GOV §4552).

If the awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid.

Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action (See GOV §4554).

D. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a "loss leader" as defined in BPC §17030 of. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or b) where the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors.

E. No oral understanding or agreement shall be binding on either party.

F. If the proposer is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the proposer will be liable to CAL FIRE for actual damages resulting to CAL FIRE therefrom or ten percent (10%) of the amount proposed, whichever is less.

D) Special Program(s)

CAL FIRE Advocates

CAL FIRE Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors.

CAL FIRE ADVOCATES: sbdvbe.advocate@fire.ca.gov

The following Special Program(s) are applicable to this RFP.

1. Disabled Veteran Business Enterprise (DVBE) Participation Requirements

A. DVBE Participation Program with NO Goals

A DVBE goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this RFP. See Section D, Item 2, Paragraph B, in this RFP for requirements.

B. DVBE Incentive Program

The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in Military and Veterans Code (MVC) §999 et seq., and 2 CCR §1896.99 et seq., to encourage proposers to partner with DVBE subcontractors. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible proposer with the confirmed DVBE participation per the Tables in paragraph 3) below is eligible to receive the incentive. Proposers who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

CAL FIRE will apply an incentive to proposals proposing the utilization of DGS Certified DVBE firms identified on the Bidder Declaration, GSPD-05-105.

Information provided on the Bidder Declaration, GSPD-05-105 shall be verified by CAL FIRE prior to the award of the contract. The incentive points are equal to a percentage of the total possible points based on the amount of DVBE participation in the proposal being evaluated per the Tables below.

mailto:sbdvbe.advocate@fire.ca.gov

Tables for RFP

Goal Not Required

Verified DVBE Participation DVBE Incentive Amount

5% or more 5%

4% - 4.99% 4%

3% - 3.99% 3%

2% - 2.99% 2%

0.1% - 1.99% 1%

When applying the DVBE incentive a Non-SB shall not displace an award to a California Certified Small Business. Nor shall the DVBE incentive exceed five percent (5%) of the total possible available points.

Additional information: DGS Contracting Commitment with SBs, DVBEs (ca.gov).

2. Small Business (SB) Enterprise or Microbusiness (MB) Preference

A. Government Code §14835 et seq. requires that a five percent (5%) preference be given to proposals who qualify as a Certified SB or MB. The rules and regulations of this law, including the definition of a small business for the delivery of services, are contained in 2 CCR §1896 et seq.

B. To claim the SB or MB preference, your firm must have its principal place of business located in California and be certified by the DGS, Office of Small Business and Disabled Veteran Business Services (OSDS). If proposer is claiming the five percent (5%) certified SB or MB preference, complete the Proposal/Proposer Certification Sheet, Section 16, Attachment 4 and attach a copy of your certification.

C. Pursuant to GOV §14838 and 2 CCR §1896, if a proposer is not a certified SB but wishes to be eligible for the five percent (5%) "non-SB" preference, the proposer must subcontract at least twenty five percent (25%) of its net proposed price to one or more certified small businesses. If proposer is claiming the five percent (5%) “non-SB” preference, complete the Proposal/Proposer Certification Sheet, Section 17, Attachment 4, and complete Bidder Declaration form, GSPD-05-105, with the names of all certified SB firms being claimed for credit. Attach a copy of the subcontractor’s Certified SB certificate for each SB subcontractor and a copy of all SB subcontractor’s quote to the Bidder Declaration form, GSPD-05-105.

D. Certified SB and MB bidder(s) shall have precedence over “Non-SB” proposers in the application of SB preference(s).

E. SB Preferences may not be applied to any proposal deemed non-responsive with the solicitation instructions or from a responsible proposer.

F. Questions regarding the certification approval process or SB program should be directed to DGS, OSDS at (800) 559-5529. For the 24-hour recording call (916) 375- 4940, or submit E-mail requests to: OSDSHelp@dgs.ca.gov

Additional References: DGS Contracting Commitment with SBs, DVBEs (ca.gov).

https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs mailto:OSDSHelp@dgs.ca.gov https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs

G. SB or MB proposers or proposers using the “Non-Small Business” preference shall be granted a preference consisting of five percent (5%) of the highest responsible proposer’s total score if the highest scored proposal is from a non-certified SB or MB.

Attachment 1

Sample Cost Proposal Worksheet

Cover Page Table 1 Total Costs* Per Task

Total Costs for Task 1 $

Total Costs for Task 2 $

Total Costs for Task 3 $

* Grand Total for this Agreement $

Notes:

*Total Costs for Table 1 shall include Prime Contractor and all Subcontractors costs.

Table 2 Total Costs for Prime and Each Subcontractor

Prime Contractor (Firm Name) Total Costs (for this Agreement)

Subcontractor 1 (Firm Name) Total Costs (for this Agreement)

Subcontractor 2 (Firm Name) Total Costs (for this Agreement)

Subcontractor 3 (Firm Name) Total Costs (for this Agreement)

* Grand Total for this Agreement $

Notes:

*Grand Total in Table 1 and Table 2 should match.

Attachment 1

Cost Breakdown for Task 1

Prime Contractor: (Firm Name)

Direct Labor Cost

Personnel (Name and Title)

Hours Rate* (per hour) Total (Hours x Rate)

Staff Name: Project Manager

_____hrs. @ $_____ $_____

Staff Name: Clerical _____hrs. @ $_____ $_____

Staff Name: Title _____hrs. @ $_____ $_____

Staff Name: Title _____hrs. @ $_____ $_____

Sub Total – Labor Cost _____hrs. N/A $_____

Other Direct Costs (except labor)

Research $_____

Supplies $_____

Travel $_____

Other Direct Costs (itemize) $_____

Sub Total – Other Direct Costs (except labor) $_____

Prime Contractor (Firm Name) Total Cost for Task 1 $_____

Labor Rates shall include indirect costs (such as overhead, fringe, and any other items), fee/profit, and any other applicable costs to be charged to CAL FIRE for this agreement. Rate should be rounded to the second decimal point prior to calculating the Total.

Travel, transportation, and subsistence costs shall not exceed rates authorized to be paid to non-represented State employees under current California Department of Human Resources (CalHR) rules.

Attach additional Cost Proposal Worksheets in this format for Prime Contractor’s costs for each additional Task (i.e. Tasks 1 through 3).

Attachment 1

Cost Breakdown for Task 1

Subcontractor 1: (Firm Name)

Direct Labor Cost

Personnel (name and title) Hours Rate* (per hour) Total (Hours x Rate)

Staff Name – Project Manager

_____hrs. @ $_____ $_____

Staff Name – Clerical _____hrs. @ $_____ $_____

Staff Name – Title _____hrs. @ $_____ $_____

Staff Name – Title _____hrs. @ $_____ $_____

Sub Total–Labor Cost _____hrs. N/A $_____

Other Direct Costs (except labor)

Research $_____

Supplies $_____

Travel $_____

Other Direct Costs (itemize) $_____

Sub Total–Other Direct Costs (except labor) $_____

Subcontractor 1 (Firm Name) Total Cost for Task 1 $_____

Labor Rates shall include indirect costs (such as overhead, fringe, and any other items), fee/profit, and any other applicable costs to be charged to CAL FIRE for this agreement. Rate should be rounded to the second decimal point prior to calculating the Total.

Travel, transportation, and subsistence costs shall not exceed rates authorized to be paid to non-represented State employees under current California Department of Human Resources (CalHR) rules.

Attach additional Cost Proposal Worksheets in this format, as applicable, for each subcontractor’s costs for each additional Task (i.e. Tasks 1 through 3).

Attachment 2

Sample Key Personnel Hours Table

The Key Personnel Hours Table must be submitted with Technical Proposal (Refer to RFP, Section C) 3., Technical Proposal Requirements, Item A) 3., Personnel).

1. Personnel: All Key Personnel of Prime Contractor and all Subcontractors assigned to the contract and listed in the Proposer’s

Technical Proposal must be identified by name, title, and Firm Name in the table below.

2. Proposer shall provide hours assigned to key personnel (including key personnel of subcontractors) in format provided in the table below. Hours listed for key personnel on the table should be hours listed for key personnel in the Cost Proposal.

Providing other units of measure does not satisfy this requirement. Failure to provide hours assigned to key personnel (including key personnel of subcontractors) per task may be sufficient cause for rejection of proposal.

3. Proposer may add/delete rows and columns as needed to the table below.

Key Personnel Task 1 Task 2 Task 3 Total

Personnel Name, Title, Firm Name

_____hrs. _____hrs. _____hrs. _____hrs.

Personnel Name, Title, Firm Name

_____hrs. _____hrs. _____hrs. _____hrs.

Personnel Name, Title, Firm Name

_____hrs. _____hrs. _____hrs. _____hrs.

Personnel Name, Title, Firm Name

_____hrs. _____hrs. _____hrs. _____hrs.

Total _____hrs. _____hrs. _____hrs. _____hrs.

Attachment 3

Sample Reference Form

Each reference shall include the following information:

Name of firm/organization (Prime Contractor) that provided services:

Client firm/organization name and address:

Contact

Name:

Title:

Email

Address:

Phone

Number:

Street

Address:

Brief description of the project, including services and deliverables:

Agreement term

(dates):

Agreement value/cost:

Highlights relevant and applicable to this RFP:

Attachment 4

Proposal/Proposer Certification Sheet

Only an individual who is authorized to bind the proposing firm contractually shall sign the Proposal/Proposer Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. This Proposal/Proposer Certification Sheet must be signed and returned along with all "required attachments" as an entire package with original signatures.

The proposal must be transmitted in a sealed envelope in accordance with RFP instructions.

A. Our all-inclusive proposal is submitted in a sealed envelope marked “Cost Proposal–Do Not Open”.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this proposal document. The signature below authorizes the verification of this certification.

D. The signature and date affixed hereon certifies that this proposal is a firm offer for a 90-day period.

An Unsigned Proposal/Proposer Certification Sheet May Be Cause for Rejection

1. Company Name 2. Telephone Number

2a. Fax Number

3. Address

E-mail Address:

Indicate your organization type:

4. Sole Proprietorship 5. Partnership

6. Corporation 6a. L.L.C. Limited Liability Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN): 8. California Corporation No.:

9. Indicate applicable license and/or certification information:

10. Proposer’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification as:

a. California Small Business Enterprise Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter certification number:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”. Date application was submitted to OSBCR, if an application is pending:

Attachment 4

Completion Instructions for Proposal/Proposer Certification Sheet

Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if…