RFP__A251015876_MHU_Lateral_Bracing_Code_Update.pdf

Gavin Newsom

Governor

Nancy Ward

Director

REQUEST FOR PROPOSAL

Notice to Prospective Firms

REBID - RFP A251015876

Building Resilient Infrastructure and Communities (BRIC) Mobile Home Project

You are invited to review and respond to the California Governor’s Office of Emergency

Services, hereinafter referred to as “Cal OES”, Request for Proposal (RFP) A251015876, titled BRIC Mobile Home Project. In submitting your proposal, you must comply with these instructions found herein.

Note that all agreements entered into with Cal OES will include by reference General

Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at the Internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-

Resources-List-Folder/Standard-Contract-Language

Proposers are encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submission of proposals is the responsibility of the Proposer and cannot be overemphasized. Please ensure insurance requirements and, if applicable, prevailing wages are considered in your proposal amounts.

It is the opinion of Cal OES that this RFP is complete and without need of explanation.

However, if you have questions, or need any clarifying information, the contact person for this RFP is:

Antonio Castaneda

California Governor’s Office of Emergency Services

Purchasing Division, Contracts Unit contractsunit@caloes.ca.gov

Please submit questions, including requests for hard copies of RFP documents, to the email address listed above referencing the RFP number in the subject line of the email. Note that no verbal information given will be binding upon Cal OES unless such information is 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:contractsunit@caloes.ca.gov issued in writing as an official addendum. Questions via phone calls or in person are not accepted.

Any attempt by a Proposer to initiate contact with any member of Cal OES staff, other than the Cal OES Contract Analyst, regarding this RFP may disqualify the Proposer from further consideration.

CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES RFP A251015876

BRIC Mobile Home Project

TABLE OF CONTENTS

A. PURPOSE AND DESCRIPTION OF SERVICES

B. MANDATORY QUALIFICATIONS

C. MINIMUM QUALIFICATIONS

D. SUBCONTRACTING PROVISIONS

E. PROPOSAL REQUIREMENT INFORMATION

F. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE NOTIFICATION

G. LOSS LEADER

H. PREFERENCE AND INCENTIVE PROGRAMS

I. REQUIRED ATTACHMENTS

ATTACHMENT 1 - REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

ATTACHMENT 3 - CONTRACTOR CERTIFICATION CLAUSES

ATTACHMENT 4 - DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 5 - PAYEE DATA RECORD, STD 204 & STD 205

ATTACHMENT 6 - BIDDER DECLARATION SHEET, GSPD-05-105

ATTACHMENT 7 - DVBE DECLARATIONS, DGS PD 843

ATTACHMENT 8 - CERTIFICATION OF CUF COMPLIANCE FOR SUBCONTRACTORS

ATTACHMENT 9 – NARRATIVE PROPOSAL

ATTACHMENT 10 - COST SHEET

ATTACHMENT 11 - REFERENCES

ATTACHMENT 12 - RESUMES

ATTACHMENT 13 - CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 14 - TARGET AREA CONTRACT PREFERENCE ACT, STD 830 and DGS/PD 526

ATTACHMENT 15 - SAMPLE AGREEMENT

A. PURPOSE AND DESCRIPTION OF SERVICES

The California Governor’s Office of Emergency Services (Cal OES) is issuing a

Request for Proposal (RFP). The final deliverables must include seismic bracing provisions suitable for HCD to consider for adoption into California Code of

Regulations (CCR), Title 25. The recommendations must be technically defensible, implementable by practitioners, and cost effective.

All recommended seismic design parameters (e.g., R factor, anchor resistance) must be clearly traceable to test results and/or analytical studies. The contractor shall document this traceability within the background report to support transparent adoption.

The final product shall be in print/web ready PDF format that is compliant with the requirements of the Rehabilitation Act of 1973, Section 508, and meets the

Web Content Accessibility Guidelines (WCAG) 2.0 Level AA conformance requirements, as defined by Assembly Bill (AB) 434, and can be located at:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB

434.

B. MANDATORY QUALIFICATIONS

Proposer qualifications and licensing requirements, if any, are referenced in

Exhibit A, Statement of Work.

C. MINIMUM QUALIFICATIONS

Failure to meet the minimum qualifications will be grounds for disqualification.

Proposer must certify, by signing the Bid/Bidder Certification Sheet, Attachment

2, that they are in possession of the following qualification requirements:

The Contractor shall have a minimum of

a) The Contractor must have minimum of six (6) years of experience applying knowledge of applicable regulation and building codes on seismic bracing requirements of MH.

b) The Contractor must have minimum of six (6) years of experience on lab/field testing and analysis of bracing assembly, soil and soil anchor.

c) The Contractor must have minimum of six (6) years of experience in pre-standard, standard or code development.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB434

D. SUBCONTRACTING PROVISIONS

Subcontracting Provisions, if allowable, are referenced in Exhibit A, Statement of Work.

E. PROPOSAL REQUIREMENT INFORMATION

1. KEY ACTION DATES

The following dates are set forth for informational and planning purposes only and are subject to change.

Cal OES may modify the RFP prior to the date fixed for submission of proposals by issuing an addendum that will be posted on www.caleprocure.ca.gov.

2. WRITTEN QUESTIONS

Proposers are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a proposal. If the language is unclear or ambiguous, it is the Proposer’s responsibility to request clarification or assistance before submitting a proposal. Proposers may submit questions via email to contractsunit@caloes.ca.gov, referencing the RFP number in the subject line of the email. To ensure a response, questions must be received by the date given in the Key Action Dates section.

Question and Answer Sets will be provided to all Proposers without identifying the submitters and will be posted as an official document.

ACTION

DATE AND TIME

RFP Available to Prospective Proposers February 19, 2026

Deadline to Submit Questions February 27, 2026 @4:00 PM PST

Deadline for Responses to Questions March 2, 2026 @4:00 PM PST

Final Date for Submission of Proposals March 13, 2026 @4:00 PM PST

Proposal Opening March 16, 2026 @10:30 AM PST

Proposed Award Date March 30, 2026 or upon DGS approval, whichever is later.

http://www.caleprocure.ca.gov/

3. SUBMISSION OF PROPOSAL

a) Proposal must contain all information requested and must conform to the format described in this RFP. It is the responsibility of the Proposer to provide a full and accurate response, and any other information deemed necessary, for Cal OES to determine and verify whether Proposer satisfies the requirements and whether the Proposer has the ability to perform the tasks and activities defined in Exhibit A, Statement of Work, attached hereto.

b) All proposals must be delivered electronically by emailing contractsunit@caloes.ca.gov by the date and time shown in Key Action

Dates. It is up to the Proposer to ensure that electronic documents are viewable by Cal OES (e.g., provided in standard MS Office and/or Adobe format).

c) It is the Proposer’s responsibility for ensuring that the proposal is received by the submission deadline. Any proposal received after the scheduled closing time for the receipt of proposals will not be considered.

d) All proposals shall include the documents identified in Attachment 1, Required Attachment Checklist. Proposals not including the proper

"required attachments" shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

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

f) Costs incurred for developing proposals and in anticipation of award of the agreement are entirely the responsibility of the Proposer and shall not be charged to Cal OES.

g) An individual who is authorized to bind the Proposer contractually shall sign

Attachment 2, Proposal/Proposer Certification Sheet. The signature shall indicate the title or position that the individual holds in the firm. An unsigned proposal will be rejected.

h) 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.

i) A Proposer may withdraw its proposal by submitting a written withdrawal request to Cal OES, 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.

j) More than one proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered.

k) Cal OES reserves the right to disqualify or reject all proposals. The agency is not required to award an agreement.

l) The Proposer should carefully examine work sites and specifications. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

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

n) All materials, documents, plans or reports developed in the performance of this agreement shall be the property of Cal OES.

o) Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government

Code Section 7920.000 et seq.) and subject to review by the public.

4. PROPOSAL CONTENT

The following must be submitted in the proposal in response to the RFP, in the order specified below.

a) A signed cover letter must be on the Proposer’s official letterhead, reference the RFP number, and contain the following:

1) A statement that substantiates that the person who signs the letter is authorized to bind the Proposer’s firm and that the firm agrees to all of the requirements set forth in this RFP and that the minimum qualifications are satisfied.

2) A self-certification that there is no actual conflict of interests between the Proposer and its existing clients should Proposer be awarded the contract with Cal OES and that Proposer is willing and able to fully perform work for the State of California and Cal OES.

Should there be a perceived conflict of interest with any of

Proposer’s existing clients, the perceived conflict must be listed, and explanation provided. However, such explanation shall not exceed two (2) pages for each perceived conflict. Any actual or perceived conflict of interest may disqualify the Proposer’s response from consideration at the sole discretion of Cal OES.

b) Table of Contents – All major parts of the proposal must include a table of contents with topics identified by section and page.

c) Staffing Plan and resumes of key personnel must be submitted in response to this RFP that would achieve the objectives, requirements, and complete the deliverables set forth herein. The staffing plan must include, at minimum, a project manager. Should other staff be required, please include the necessary staff in the proposal and the assigned responsibilities and duties of key personnel. Proposer must also submit an organization chart that displays the relationship between the project manager and the key personnel.

d) Minimum Qualifications and Requirements within the contract must be demonstrated in writing in a descriptive narrative explaining how the firm and/or individuals satisfy the minimum qualifications and requirements.

Resumes may be used to support, not supplement, the written explanation of how the minimum qualifications are satisfied.

e) Technical Requirements must be demonstrated in writing explaining the firm’s plan to deliver the project. The plan should demonstrate (1) understanding of the deliverables; (2) detailing the firm’s capabilities in seismic bracing provisions suitable for HCD to consider for adoption into

California Code of Regulations (CCR), Title 25; (3) the ability to manage the project and the risks involved with the project; (4) ability to complete projects on time and within budget; (5) ability to provide quality deliverables; and (6) ability to provide written reports that is described in the project scope of work.

f) A list of 3 projects of similar scope that were successfully concluded must be provided, including work samples.

g) All attachments included with this RFP and referenced in the Table of

Contents must be fully completed, signed, and submitted with the proposal. Refer to Attachment 1 for additional Required Attachments that are a part of this RFP.

h) Client References: Proposer must provide at least three client references for Cal OES to contact regarding the work performed for the client. Work performed for the references must have been to a similar degree of complexity as this project within the last 3 years. Negative responses from references may be cause for rejection of the proposal.

i) Proposer to provide a detailed proposal as described in Attachment 9.

5. COST PROPOSAL FORMAT AND REQUIREMENTS

Use the Sample Cost Proposal Worksheet (Attachment 10) as a guide in preparing your cost proposal.

Payment for services performed under this agreement will be an hourly rate but must not exceed the estimated amount per deliverable. The Proposer must provide rates that are inclusive of all labor, travel, materials, equipment necessary, and anything else necessary to provide the services in accordance with the specifications described in the Statement of Work, Exhibit A, Project Tasks and Deliverables.

Cal OES will only pay for actual hours worked and actual services completed at the rates submitted.

6. REJECTION OF PROPOSAL SUBMISSIONS

a) A proposal submission not received by the date and time specified in Key

Action Dates, or not sealed, will be rejected.

b) The proposal submission must not contain false or misleading statements, or provide references which do not support an attribute, condition, or capability claimed by the Proposer. If, in the opinion of Cal OES, such information was intended to mislead Cal OES 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 submission.

c) Deviations in the proposal submission, whether or not intentional, may cause the proposal submission to be deemed “non-responsive” and as such, will not be considered for award.

d) Unless previously approved by the State through the written questions process identified in Section 11, any material submitted by any Proposer in the final proposal submission that is marked “CONFIDENTIAL” or

“PROPRIETARY” may cause the entire proposal submission to be deemed non-responsive and thereby rejected.

e) Cal OES does not accept alternate contract language from a prospective

Contractor. A proposal with such language will be considered a counter proposal and will be rejected. Additionally, the General Terms and

Conditions (GTC 02/2025) for the State of California are standard contract terms and are not negotiable.

f) Cal OES is not required to award a contract. Cal OES reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept all or any portion of a proposal, if deemed in the best interest of the State and not contrary to law. Cal OES’ waiver of any immaterial deviation or defect will in no way modify the RFP documents or excuse the proposer from full compliance with the RFP specification, if awarded the contract.

g) 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.

7. EVALUATION AND SELECTION

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

b) Cal OES will evaluate each proposal to determine its responsiveness to Cal

OES’s needs. Should a proposal package not meet all of the requirements set forth in this RFP, it may be considered non-responsive and rejected from further competition. Those Proposer’s submittals that pass the initial review will be forwarded to the evaluation committee for evaluation of the technical proposals.

c) Award, if made, will be to the highest scored responsive, responsible proposal.

d) In the event of a tie, the proposed winner will be determined by a coin toss. Tie breaks will be witnessed, and Proposers may attend to witness the tiebreak process by contacting the contract analyst noted on the cover page of this RFP.

e) Proposals will be rated by an evaluation committee using a consensus scoring process for determining final scores. Below is the scoring criteria that will be used to evaluate proposals for this RFP.

f) The following indicates the maximum points for each mandatory scoring requirement and an explanation of scoring:

TECHNICAL EVALUATION:

RATING/SCORING CRITERIA

MAXIMUM

POSSIBLE

TECHNICAL POINTS

A. PROJECT TEAM COMPOSITION AND QUALIFICATIONS

1. Relevant expertise of team members (e.g., civil engineering, geotechnical, code writing, testing, modeling.). Clarity and appropriateness of team organization across required groups.

Experience with similar projects (seismic code development, MHU, FEMA publications, etc.)

B. TECHNICAL APPROACH AND METHODOLOGY

2. Demonstrate knowledge of the historic seismic performance and issues of MHUs.

Demonstrated understanding of code development of seismic restraint issues in MHUs.

Methodology for testing, modeling, and performance evaluation following FEMA documents listed in SOW. Soil and geotechnical evaluation and recommendation methods.

Integration of recommendations into code-ready language.

C. PROJECT MANAGEMENT AND COORDINATION

3. Project schedule and milestone tracking.

Coordination plan across multiple working groups. Risk identification and mitigation plan.

D. CODE DEVELOPMENT AND WRITING EXPERTISE

3. Project schedule and milestone tracking.

Coordination plan across multiple working groups. Risk identification and mitigation plan.

E. COST EVALUATION

4. Cost realism and justification. Cost-effectiveness.

Total Maximum Technical Points Available

SCORING CRITERIA FOR WRITTEN PORTION

Scoring of the technical requirement will be based on the Evaluation Team’s assessment of the Proposer’s ability to meet the technical requirements. Scoring will be based upon the breadth and depth of experience for each requirement and, how clearly, yet succinctly, the proposal demonstrates said experience and whether the proposal demonstrates the Proposers ability to meet the requirements of the Agreement.

Point scores will be determined for each item above based on whether the proposal either meets or exceeds, somewhat meets, or does not meet the technical requirements as shown in the table below.

Scoring Determination of Technical Evaluation Item Point Range

Meets/Exceeds technical requirements 70-100% of maximum possible points

Somewhat Meets technical requirements 30-69% of maximum possible points

Does Not Meet technical requirements 0-29% of maximum possible points

COST EVALUATION: MAXIMUM 30 POINTS

The evaluation of cost for this RFP is based on the total cost to provide the services required for this RFP, per the Sample Agreement, Exhibit B-1, Cost Sheet.

The Proposer’s cost proposal should include the total price for each deliverable including all travel, hours and work effort required to deliver the required services.

Each Proposer’s cost will be converted to a point score. All costs must be allowable, allocable, and reasonable. Cal OES will consider whether the budget has the ability to support the proposed project in an efficient and effective way while also demonstrating a reasonable and appropriate allocation of funding.

An example of the calculation is shown below.

[Lowest responsive proposal total cost x (maximum points)] ÷ Proposer’s Total

Cost = Proposer Score*

* The Proposer’s Cost Score shall be rounded to two decimal places – see sample below.

COST SCORE SAMPLE

Proposer Total

Cost

Calculation Cost

Score

A $50,000 $40,000(Proposer C) x 30 (Max Pts.)

$50,000

B $45,000 $40,000(Proposer C) x 30 (Max Pts.)

$45,000 26.67

C $40,000 $40,000(Proposer C) x 30 (Max Pts.)

$40,000

Adjustments to scores will be made for Socioeconomic and Environmental

Program incentives (SB and DVBE).

8. AWARD AND PROTEST

a) A Notice of Intent to Award for this solicitation shall be posted online for five (5) business days on the Cal eProcure webpage, at least five (5) working days prior to awarding the Agreement.

b) If any Proposer, prior to the award of Agreement, files a protest on the grounds that the awarding Agency incorrectly applied the evaluation standard in the RFP, or if the Agency failed to follow 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.

c) Within five (5) days after filing the initial protest, the protesting Proposer shall file with DGS and OES a detailed written statement specifying the grounds for the protest. The written protest must be sent to the

Department of General Services

Office of Legal Services

Attention: Bid Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

A copy of the detailed written protest should also be emailed to

ContractsUnit@Caloes.ca.gov.

d) No person, firm, or subsidiary thereof, who has been awarded a consulting services contract, or a contract which includes a consulting component, may be awarded a contract for the provision of services, delivery of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the consulting services contract. Therefore, any contractor that contracts with Cal OES to develop and provide formal recommendations pursuant to this engagement is precluded from contracting for any work recommended in the formal recommendation.

9. DISPOSITION OF PROPOSALS

a) Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Gov. Code §

6250 et seq.) and subject to review by the public.

10. PERFORMANCE OF SERVICE

a) Upon award of the contract, the winning Proposer must provide a

Certificate of Insurance (COI) within ten (10) working days from award of contract. This COI will identify the required insurance as indicated in the attached Sample Standard Agreement.

b) Upon award of the contract, the winning Proposer agrees to execute the contract on the State’s Standard Agreement (STD 213), including all

Exhibits. The Agreement must be signed by an individual authorized to bind the Proposer contractually.

11. AGREEMENT EXECUTION AND PERFORMANCE

a) Performance shall start not later than ten (10) days after approval of the

Contract, or on the express date set by Cal OES and the Contractor, after mailto:OLSProtests@dgs.ca.gov mailto:ContractsUnit@Caloes.ca.gov all approvals have been obtained and the agreement is fully executed.

Should the Contractor fail to commence work at the agreed upon time, Cal OES, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's proposal price and the actual cost of performing work by 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.

12. TAX DELINQUENT STATUS VERIFICATION

a) Effective July 1, 2012, Public Contract Code section 10295.4, requires state agencies to verify the tax delinquent status of Proposers responding to state solicitations.

b) At the time of proposal evaluation, prior to contract award and execution, the State will verify all Proposers and any identified subcontractors of

Proposers are not listed as tax delinquent by the Franchise Tax Board/or and the California Department of Tax and Fee Administration. Any

Proposers or subcontractors listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award.

Proposers wanting further clarification can refer to the statute above or to the websites listed below for additional information:

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top Delinquent Taxpayers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

F. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE NOTIFICATION

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

Proposer 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 https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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

Upon notification by a Proposer of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids 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.

G. LOSS LEADER

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 Section 17030 of the Business and Professions Code.

H. PREFERENCE AND INCENTIVE PROGRAMS

Preference and Incentive Programs are each identified below. When the

Proposer satisfies the requirements and requests proposal preferences and incentives, the Proposer must clearly identify in their proposal submission for which of the programs it qualifies. Denial of those preference or incentive requests is not a basis for rejection of the proposal.

1. SMALL BUSINESS ENTERPRISE PREFERENCE PROGRAM

California Government Code (GC) section 14835, et seq., requires a preference be given to Proposers who are California Certified Small Business

(SB). The rules and regulations of this law, including the definition of a SB for the delivery of goods and services, are contained in California Code of

Regulations, title 2, section 1896 et seq.

a) A 5% preference, (not to exceed $50,000) is available to a certified SB. A

Proposer claiming this preference must be certified by the Office of Small

Business and Disabled Veteran Enterprise Services (OSDS) as a SB.

Questions regarding certification should be directed to the OSDS at (916)

375-4940.

To be considered as a certified SB, the Proposer must have a complete application package on file with the OSDS by 5:00 p.m. on the deadline for the RFP submission. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-

Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-

Disabled-Veteran-Business-Enterprise#@ViewBag.JumpTo

To claim the Small Business Preference please see Attachment 6, Bidder

Declaration (GSPD-05-105).

b) Non-Small Business Subcontractor Preference (if subcontracting is allowable in Exhibit A, Statement of Work):

A 5% preference, (not to exceed $50,000) is available to a non-small business (NS) claiming 25% California-certified small business subcontractor participation. A Proposer claiming this preference must list one or more SB subcontractor(s), whom the Proposer commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract. To claim the Small Business Preference please see Attachment 6, Bidder Declaration (GSPD-05-105)

c) Non-Small Business Subcontractor Preference (if subcontracting is allowable in Exhibit A, Statement of Work):

A 5% preference, (not to exceed $50,000) is available to a non-small business (NS) claiming 25% California-certified small business subcontractor participation. A Proposer claiming this preference must list one or more SB subcontractor(s), whom the Proposer commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract.

To claim the Small Business Preference please see Attachment 6, Bidder

Declaration (GSPD-05-105).

NOTE: Pursuant to GC section 14837, only a SB who performs a Commercially

Useful Function (CUF) relevant to the Statement of Work included in this RFP shall be used to qualify shall qualify the Proposer or be used to qualify the

Proposer for the SB Preference or Non-Small (NS) Business Subcontractor

Preference. A certification signed under penalty perjury that the work performed by SB subcontractors serves a CUF is required from the Proposer.

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

COMMERCIALLY USEFUL FUNCTION DEFINITION

As defined in MVC §999(B), a person or an entity is deemed to perform a

"commercially useful function" if a person or entity does all of the following:

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

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

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

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

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

A contractor, subcontractor, or supplier will not be considered to perform a

“commercially useful function” if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SB or DVBE participation.

2. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

It is the intent of the California Legislature that every State procurement authority honor California’s disabled veterans by taking all practical actions necessary to meet or exceed the Disabled Veteran Business Enterprise participation goal of a minimum of three percent (3%) of total contract value.

The Disabled Veteran Business Enterprise (DVBE) Certification and Outreach

Branch program was created for this purpose. The Disabled Veteran Business

Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code

(MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.61 et seq.

a) DVBE PARTICIPATION REQUIREMENT

The minimum percentage of DVBE participation is 3% for this solicitation.

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

Information submitted by the Proposer to comply with this solicitation’s

DVBE requirements will be verified by Cal OES. If evidence of an alleged violation is found during the verification process, Cal OES shall initiate an investigation, in accordance with the requirements of PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by 2 CCR §1896.91. Contractors found to be in violation of these provisions may be subject to suspension from doing business with the State of

California, contract termination, civil penalties, and loss of State certifications.

Note: Pursuant to Military and Veterans Code section 999 (B), only a DVBE who performs a Commercially Useful Function (CUF) relevant to the

Statement of Work included in this IFB shall qualify the Proposer or be used to qualify the Proposer for a DVBE participation and/or DVBE incentive. A certification signed under penalty perjury that the work performed by

DVBE subcontractors serves a CUF is required from the Proposer per MVC

§999.10(a)(3). Proposers must also verify each DVBE subcontractor’s certification status with OSDS to ensure DVBE participation eligibility prior to submitting bids.

b) DVBE PARTICIPATION REQUIREMENTS INSTRUCTIONS

These instructions contain information about the DVBE program requirements, Proposer responsibilities, and the DVBE Bid Incentive.

Proposers are responsible for thorough review and compliance with these instructions.

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

PARTICIPATION COMMITMENT

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

CUF. Forms include the Bidder Declaration (DGS PD-05105) and (DGS PD

843) DVBE Declarations, Attachment X, the Confirmation Letter/Form and

Certification of CUF Compliance (MVC 999.10(a)(3)) as described below, and any other requested documentation. Failure to complete and submit the required form(s) as instructed will render the bid non-responsive.

METHOD A1. CERTIFIED DVBE Proposer:

1) Commit to perform the participation goal percentage of the contract bid amount with its own resources or in combination with another

DVBE(s).

2) Document DVBE participation on the Bidder Declaration DGS PD-05-

105 for the Prime and all subcontractors (any person, firm, corporation that will participate in fulfilling any part of the contract.).

3) Submit a signed certification under penalty of perjury that the work performed by each DVBE subcontractor listed on the contract is CUF compliant.

4) Submit a written Confirmation Letter/Form from each DVBE subcontractor identified on the Bidder Declaration. The written confirmation must include the solicitation number and be signed by the Proposer and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

5) DGS PD 843 DVBE Declarations form for all DVBE participants (prime or sub).

METHOD A2. NON-DVBE Proposer:

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

2) Document DVBE participation on the Bidder Declaration DGS PD-05-

105.

3) Submit a signed certification under penalty of perjury that the work performed by each DVBE subcontractor listed on the contract is CUF compliant.

4) Submit a written Confirmation Letter/form from each DVBE subcontractor identified on the Bidder Declaration. The written confirmation must include the solicitation number and be signed by the Proposer and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

5) DGS PD 843 DVBE Declarations form for all DVBE participants (prime or sub).

c) DVBE SUBSTITUTION

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

DVBE. The substitution must be to perform the same work and shall maintain the minimum level of DVBE participation stated in original bid.

(MVC §999.5.g)

d) DVBE SUBCONTRACTOR REPORTING

Proposers awarded a contract with a commitment to use DVBE subcontractors must certify, upon completion of contract that all payments have been made to the DVBE subcontractors by submitting the

Prime Contractor’s DVBE Subcontracting Report (STD 817). Cal OES will withhold $10,000 from the final payment, or the full payment if the final payment is less than $10,000 from prime contractors, until the complete and accurate STD 817 is received. Failure to submit this certification after given the opportunity to cure, will result in Cal OES permanently deducting

$10,000 from the final payment or the full payment if less than $10,000.

(MVC §999.7)

e) DVBE INCENTIVE

Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to a Proposer who provides DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder

Declaration DGS PD-05-105, and confirmed by the State. The DVBE

Incentive is as follows:

Confirmed DVBE Participation of: Incentive Amount

5% or Over 5%

4% to 4.99% Inclusive 4%

3% to 3.99% Inclusive 3%

A Proposer is eligible to receive this additional DVBE incentive if they are a certified DVBE or if a non DVBE Proposer commits to use a certified DVBE(s) as subcontractor(s) (if subcontracting is allowable in Exhibit A, Statement of Work).

1) Certified DVBE Proposer incentive considerations:

i. Commit to performing 3% or more of the contract bid value with the prime Proposers’ firm or in combination with another DVBE(s)

ii. Document DVBE participation on the Bidder Declaration GSPD-05-

105, Attachment 6.

iii. Submit a completed Disabled Veteran Business Enterprise

Declarations form, DGS PD 843, (Attachment 7) signed by the DVBE owner/manager.

2) Non-DVBE Proposer incentive considerations:

i. Commit to using certified DVBE(s) for 3% or more of the bid value.

ii. Document DVBE participation on the Bidder Declaration GSPD-05-

105, Attachment 6.

iii. Submit a completed Disabled Veteran Business Enterprise

Declarations form, DGS PD 843, (Attachment 8) signed by the DVBE owner/manager for each certified DVBE subcontractor.

3) Locating DVBE Subcontractors

i. State Resources: Access the list of all certified DVBEs by using the

Department of General Services, Procurement Division (DGS-PD), online certified firm database at: www.caleprocure.ca.gov

To begin your search, click on “Small Business/Disabled Veteran

Business Enterprise,” then click “Search for Certified SB/DVBE Firms.”

Search by “Keywords” or “UNSPSC Classifications” that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State

Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.caleprocure.ca.gov. For questions regarding the online certified firm database and the

CSCR, please call the OSDS at (916) 375-4940 or send an email to:

OSDSHelp@dgs.ca.gov

3. TARGET AREA CONTRACT PREFERENCE ACT

In accordance with California Code, Section 4530, Proposers may be eligible for a preference whenever contracts for goods or services are in excess of $100,000 and the Proposers meet certain requirements as defined in the California Administrative Code (Title 2, Section 1896 et seq.) regarding labor needed to provide the services being procured. Proposers may receive extra consideration depending on what parts of the preference they claim. Full details can be found on the STD 830 form itself. Proposers desiring to claim this preference must submit a full executed copy of the STD

830 form and DGS/PD 526.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

Proposers’ questions regarding this preference are to be directed to:

Department of General Services

Dispute Resolution Unit

707 3rd Street, 2nd Floor

West Sacramento, CA 95605 tacpa@dgs.ca.gov

4. APPLYING PREFERENCE AND INCENTIVES

http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/ mailto:OSDSHelp@dgs.ca.gov https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf mailto:tacpa@dgs.ca.gov

a) Preferences and incentives are used for bid tabulation purposes to determine the highest scored responsive responsible Proposer. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting contract.

Please be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance with statutory, regulatory and contractual requirements.

b) The SB preference of 5% will be applied when the highest scored proposal is from a non-certified SB or MB. The 5% will be calculated on the highest responsible proposer’s total score. That amount is then added to the score for each certified SB/MB or a NS claiming 25% SB/MB subcontracting for a new total score. (Note: NS claiming SB subcontractor preference cannot displace an award to a certified SB.)

c) The DVBE incentive points are based on the total possible available points, not including points for socioeconomic incentives or preferences. For evaluation purposes, the incentive points will be added to the total score.

If a SB is ranked number 1 after SB preference has been applied, the DVBE incentive is only calculated for Proposers certified as SBs. The incentive points cannot be used to achieve any applicable minimum point requirements and shall not displace an award to a certified SB with a non-

SB.

d) The TACPA preference will be applied after the SB preference and the

DVBE incentive.

I. REQUIRED ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Proposer Certification Sheet

3. Contractor Certification Clauses

4. Darfur Contracting Act Certification

5. Payee Data Record, STD 204 & STD 205

6. Bidder Declaration Sheet, GSPD-05-105

7. DVBE Declarations, DGS PD 843 (if applicable)

8. Certification of CUF compliance for subcontractors (if applicable)

9. Proposal

10. Cost Sheet

11. References

12. Resumes

13. California Civil Rights Laws Certification

14. TACPA, STD 830 and DGS/PD 526 (if applicable)

15. Sample Agreement (reference only)

ATTACHMENT 1 - REQUIRED ATTACHMENT CHECKLIST

A complete proposal or proposal package will consist of the items identified below.

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to Cal OES. For your bid to be responsive, all required attachments must be returned.

Company Name: _____________________________

ATTACHMENT REQUIRED ATTACHMENT NAME

Attachment 1 YES Required Attachment Checklist

Attachment 2 YES Bid/Bidder Certification Sheet

Attachment 3 YES Contractor Certification Clauses

Attachment 4 YES Darfur Contracting Act Certification

Attachment 5 YES Payee Data Record, STD 204 & STD 205

Attachment 6 YES Bidder Declaration Sheet, GSPD-05-105

Attachment 7 YES (if applicable) DVBE Declarations, DGS PD 843

Attachment 8 YES (if applicable) Certification of CUF compliance for subcontractors

Attachment 9 YES Narrative Proposal

Attachment 10 YES Cost Sheet

Attachment 11 YES References

Attachment 12 YES Resumes

Attachment 13 YES California Civil Rights Laws Certification

Attachment 14 YES (if applicable) TACPA, STD 830 and DGS/PD 526

Attachment 15 NO Sample Agreement

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original signatures. The proposal must be transmitted via email in accordance with RFP instructions.

A. Our all-inclusive proposal is submitted as detailed in Attachments 2, Proposal and Attachment 10, Cost Sheet.

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.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Rejection

1. Company Name 2. Telephone Number

2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. 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 (OSDC) as:

a. California Small Business b. Disabled Veteran Business Enterprise

Yes No Yes No

If yes, enter your service code below: 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 OSDC, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder 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.

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 applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDC.

ATTACHMENT 3 - CONTRACTOR CERTIFICATION CLAUSES

A Proposer must complete the Contractor…