RFP-CAB-16-1__1_Consultant_Services.docx

BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY • GOVERNOR EDMUND G. BROWN JR.

Business Services Office/Contracts Unit

1625 N. Market Blvd., Suite S-103, Sacramento, CA 95834

P (916) 574-7290 F (916) 574-8658

STATE OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS

California Architects Board REQUEST FOR PROPOSAL (RFP) - Secondary

RFP No. CAB-16-1 Architect Consultant Services

March 9, 2016

You are invited to review and respond to this Request for Proposal (RFP) Secondary, No. CAB-16-1 entitled “Architect Consultant Services” being requested by the Department of Consumer Affairs (DCA), California Architects Board (CAB), hereafter referred to as the State. In submitting your proposal, you must comply with the instructions found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor’s Certification Clauses that may be viewed and downloaded at Internet site: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In accordance with the California Government Code and Americans with Disabilities Act (ADA) requirements, this RFP can be made available in a text-only format on a compact disc as a disability-related reasonable accommodation.

In the opinion of the DCA, 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:

Dennis Sellers, Contracts Unit Department of Consumer Affairs 1625 North Market Blvd., Suite S-103 Phone (916) 574-7290 Fax (916) 574-8658 Dennis.Sellers@dca.ca.gov

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

The Disabled Veteran Business Enterprise (DVBE) participation requirement is exempt for this RFP. However, DVBE participation is highly encouraged through the use of a DVBE incentive. DVBE information can be found on page 14.

Dennis Sellers Contract Analyst

Table of Contents

Section Page

3. Questions Regarding the RFP……………………………………………………...……5

4. Addenda………………………………………………………………………………...….5

Attachments

A. Purpose and Description of Services

The California Architects Board (CAB) licenses and regulates the practice of architecture in the State of California. The CAB is mandated to protect the public’s health, safety, and welfare by ensuring that individuals are competent to practice architecture and that the laws governing the practice of architecture are enforced in a fair and judicious manner.

CAB has the power, duty and authority to investigate violations of the provisions of the Business and Professions Code, section 5500 et seq. (hereinafter the “Architects Practice Act”). CAB is also given authority to receive and investigate complaints against its licensees and to discipline violators accordingly.

The purpose of this Request for Proposal (RFP) is to solicit responses for CAB’s architect consultant position, who will work from CAB’s office in Sacramento as needed in the Enforcement Program. Existing CAB staff and departmental investigators do not have the requisite technical expertise to handle the complexity and number of complaints and inquiries. An architect consultant is needed to respond to technical inquiries; evaluate and mediate complaints; provide guidance to the Division of Investigation in technical matters; act as an expert witness and testify at disciplinary hearings and criminal cases; and train and educate California building officials, consumers, and investigators regarding the Architects Practice Act. The architect consultant will need to have knowledge and understanding of CAB’s laws, rules, and regulations.

B. Background

The CAB examines, licenses, and regulates the practice of architecture in California pursuant to the Architects Practice Act. One of CAB’s primary responsibilities is responding to consumer complaints and taking appropriate action.

CAB was created by the California Legislature in 1901 to safeguard the public’s health, safety, and welfare. The activities of CAB benefit two categories of people. First, regulation protects the consumer of services rendered by architects. The necessity of ensuring that those who hire architects are not victimized by incompetent or dishonest architects is self-evident. Second, regulation protects the public at large. The primary responsibility of an architect is, of course, to design buildings which are safe, durable, and satisfy reasonable environmental standards. To accomplish this, the architect’s design must satisfy the applicable requirements of law and also must be a correct application of the skills and knowledge of the profession. It should be emphasized that the results of faulty design will be injurious not only to the person who engages the architect but also to third parties who inhabit or use the building.

The decisions of architects about materials and methods of construction impact not only the health, safety, and welfare of the present users, but of future generations as well. To reduce the possibility of building failure, encourage energy conscious design, provide access for the disabled, and safeguard the public’s health, safety, and welfare, those who are authorized to design complex structures must meet minimum standards of competency. It is equally necessary that those who cannot meet minimum standards by way of education, experience, and examination be prevented from misrepresenting themselves to the public.

CAB’s Enforcement Program consists of one program manager, three enforcement analysts, two and one-half enforcement technicians, two architect consultants (contracted through June 30, 2016 and January 31, 2017), a Regulatory and Enforcement Committee, and investigators from the Division of Investigation with the Department of Consumer Affairs (DCA). Legal advice is provided by DCA’s legal office.

CAB first obtained approval through the Budget Change Proposal (BCP) process to contract for an architect consultant during fiscal year 1984/85. The lack of in-house professional expertise had prevented timely expert review of complaints. It had also precluded complaint evaluation based on consistent objective standards. There had also been no liaison with the state’s building official community which is the key to successful regulation of the California architect profession. The first architect consultant was hired in January 1985.

In 1990, CAB sponsored legislation [Business and Professions Code (BPC) section 5528] to authorize the Board to select and contract with architect consultants to assist in its Enforcement Program and to provide the consultants with the same indemnification as that provided to public employees for CAB related activities.

C. Minimum Qualifications

The proposer must: 1) possess an active valid license to practice architecture in California; 2) have no history of enforcement and/or administrative actions; 3) have been in practice, as defined in BPC section 5500.1, within California for the last five years; and 4) have experience preparing for testimony or testifying in a minimum of three (3) architectural related civil or other matters.

D. Proposal Requirements and Information

1. Time Schedule

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

Event Date Time

RFP available to prospective proposers March 9, 2016 N/A

Written Question Submittal Deadline March 18, 2016 3:00 p.m.

(submitted to dennis.sellers@dca.ca.gov)

Response to Written Questions March 25, 2016 3:00 p.m.

Final Date for Submission of Proposal April 6, 2016 3:00 p.m.

Evaluation of Proposals April 13-14, 2016

Conduct Oral Interviews April 21-22, 2016

Notice of Intent to Award Posted April 29, 2016

Locations for public posting of award:

Tentative Agreement Start Date July 1, 2016 or Upon Approval

Expiration of Agreement June 30, 2019

*All times are Pacific Standard Time. It is the responsibility of the Proposer to ensure that their proposal is in the possession of Dennis Sellers in the DCA Contracts Unit by April 6, 2016 at 3:00 pm. All dates after proposal submission are approximate and may be adjusted as conditions arise, without addendum to this RFP.

Interested vendors are encouraged to register as a supplier in the California’s new web-based procurement system called CaleProcure. CaleProcure is the new portal for the California State Contracts Register (CSCR). For more information, go to https://caleprocure.ca.gov

2. Fiscal Limits

It is anticipated that up to 1,400 hours of work will be required per year. The architect consultant hourly rate may not exceed $80 per hour. A total of $112,000 per year ($336,000 for all three years) has been allocated for architect consultant services and is a budgetary constraint. Any proposals that exceed these limits excluding all applicable travel expenses, training fees, organizational dues, membership dues, registration fees, and related expenses will be rejected.

3. Questions Regarding the RFP Proposers requiring clarification of the intent or content relating to RFP No. CAB-16-1, or procedural matters regarding the competitive proposal process, may request clarification by submitting questions via email to dennis.sellers@dca.ca.gov. To ensure a response, questions must be received in writing by the scheduled date(s) given in Section D.1, Time Schedule. Inquiries received after the question submittal deadline will only be addressed at DCA’s discretion. Question and answer sets will be provided to all Proposers without identifying the submitters.

4. Addenda The DCA may modify RFP No. CAB-16-1, prior to the Intent to Award date, by the issuance of an addendum. Any modifications to the RFP will be provided in writing, via a formal addendum, and posted on the California eProcurement website. All Proposers registered in CaleProcure will have access to view and download the addendum. Addenda will be numbered consecutively.

5. Reasonable Accommodations

For proposers who need assistance due to a physical impairment, a reasonable accommodation will be provided by the DCA upon request for the oral interview. The proposer must call at (916) 574-7290 no later than twenty four (24) hours prior to the scheduled date and time of the interview to arrange for a reasonable accommodation.

6. Submission of Proposal

a) All proposals shall include the documents identified on the Attachment Checklist (Attachment 1). 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.

b) The proposals must include a cover letter on the proposer’s letterhead, which shall be considered an integral part of the proposal. The cover letter must include a statement agreeing to the requirements of the RFP and the Standard Agreement (Attachment 7 and Exhibits A, B, C, D, and E). If you’re a Certified Small Business (SB) and/or Disabled Veteran Business Enterprise (DVBE), as described on Internet web site – http://www.pd.dgs.ca.gov/smbus/default/htm you should so indicate this claim on the proposal cover letter and submit a copy of your current Office of Small Business and DVBE Services (OSDS) certification approval letter or have a completed application on file with the State OSDS by 3:00 p.m. on the deadline for submission of proposal, and be verified by that office as an approvable application. The proposer should not include any limiting statements in the cover letter that would preclude the proposal from being held as an irrevocable offer for at least sixty (60) days after the scheduled award date.

The cover letter must be signed by the prospective proposer. It may be signed by an authorized agent of the proposer only if the agent is properly authorized by a power of attorney or equivalent document. Such authorization must be submitted with the proposal. The name of the individual signing the proposal must be typed immediately below the signature.

c) The proposal must include a description of the proposer’s proposed methods and procedures to perform the Scope of Work in Exhibit A of Attachment 7. In addition, include a summary of the proposer’s qualifications and experience which demonstrates the ability to perform the duties specified in the Scope of Work.

d) The proposer must provide a description of his/her knowledge, skills, and experience in the following areas:

1. Architectural Experience (scope and diversity of practice, knowledge of current standards of practice, experience in contract administration, and experience in testifying).

2. Analytical Skills (example(s) of experience which best demonstrates the ability to review and analyze complaints, knowledge of consultant services, and ability to review plans).

3. Communication Skills (example(s) of experience which best demonstrates the ability to communicate orally and in writing, act as a representative of a public entity, speak before the public, train others, and deal with difficult situations).

4. Knowledge of Building Codes (example(s) of experience which best demonstrates the ability to interpret codes, understanding of interrelationship between codes and practice, and knowledge of Americans with Disabilities Act).

5. Knowledge and Understanding of Enforcement (example(s) of experience which best demonstrates knowledge and understanding of laws, regulations, and the legal process, and ability to serve as an expert witness).

6. Knowledge and Understanding of CAB Laws, Rules, and Regulations (example(s) of experience which best demonstrates knowledge and understanding of CAB’s laws, rules, and regulations).

e) The proposer shall complete and sign the Proposal/Proposer Certification Sheet (Attachment 2). An unsigned proposal may be rejected.

f) Proposals must include a Cost Proposal (Attachment 8) in a separate, sealed envelope for the hourly rate for the work to be performed. This form shall not be modified.

g) 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 will be sufficient cause for rejection of a proposal.

h) All proposals must be received by Dennis Sellers in the DCA, Contracts Unit by 3:00 p.m., April 6, 2016. Proposals received after this date and time will not be considered.

i) The Proposers must submit a hard copy labeled “MASTER PROPOSAL” and five (5) copies (hard copy) of the proposal. Proposals not submitted in a sealed envelope may be rejected. This sealed envelope does not include the Cost Proposal. Cost Proposal is provided in a separate, sealed envelope according to 4., Submission of Proposal, f) above.

j) The original proposal must be marked "MASTER PROPOSAL." If discrepancies are found between two or more copies of the proposal, the “MASTER PROPOSAL” will prevail over all others.

k) If discrepancies between sections or other errors are found in the “MASTER PROPOSAL,” the State may reject the proposal. However, if not so rejected, the “MASTER PROPOSAL” will provide the basis for resolving such discrepancies. No erasures shall be permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by the person signing the proposal.

l) Proposals not received by the date and time specified will be rejected. Incomplete or late proposals will not be considered. DCA reserves the right to refuse all proposals.

All copies of proposals must be sealed in an envelope, clearly labeled “Proposal for Architect Consultant Services, RFP No. CAB-16-1, Attention: Dennis Sellers – DO NOT OPEN.”

Neither the postmark on the proposal envelope nor receipt in the DCA’s mail room will constitute timely delivery. Any proposal received in the Contracts Unit after the date and time specified in the Time Schedule identified in Section D, 1. will not be considered. It is the State’s policy to make every effort to ensure that all proposals have been received and properly time stamped; however, proposers are ultimately responsible for ensuring timely receipt of their proposal. Proposers may verify receipt of their proposal by contacting the person identified in the cover letter of this RFP.

m) 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. DCA may reject any or all proposals and may waive any immaterial deviation in a proposal. DCA’s waiver of immaterial defect shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if awarded the agreement.

n) Costs for developing proposals and in anticipation of award of the agreement is entirely the responsibility of the proposer and shall not be charged to the State of California.

o) The proposer may modify a proposal after its submission by withdrawing the 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.

p) The proposer may withdraw a proposal by submitting a written withdrawal request to DCA, signed by the proposer. The 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.

q) DCA may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package.

r) DCA reserves the right to reject all proposals.

s) Proposers are cautioned to not rely on DCA/CAB 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.

t) More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any proposer has submitted more than one 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 involved will be considered in this or future procurements.

E. Evaluation Process

Upon opening, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this RFP. DCA/CAB will put each proposal through a process of evaluation to determine its responsiveness to CAB's needs. Proposals that contain false or misleading statements, which do not support an attribute or condition claimed by the proposer, may be rejected. If, in the opinion of DCA/CAB, such information was intended to mislead DCA/CAB 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.

1. Selection Criteria – First Phase Evaluation

Those proposals meeting the RFP requirements will then undergo a two-phase evaluation process. A committee made up of CAB selected representatives (hereinafter referred to as the Evaluation Committee) will evaluate the proposals and, through consensus, will arrive at a single score for each of the evaluation criteria.

Specific criteria will be considered in making competitive ratings of the proposers. For more information regarding the criteria, see Rating Scale Definitions and Guidelines (Attachment 9). Proposers must provide a detailed explanation to demonstrate their qualifications for each of the evaluation criteria listed. A proposer must demonstrate that he/she understands the RFP and that he/she is qualified to perform the work.

During the first phase of the evaluation process, technical scores will be awarded by the Evaluation Committee based on the proposer selection criteria. For more information regarding the criteria, see Rating Scale Definitions and Guidelines (Attachment 9). The total possible score is 45 points. Any proposal not receiving an overall technical score of 30 or more for the first phase evaluation will be eliminated from further consideration. Any proposal receiving an overall technical score of 30 or more will proceed to the second phase evaluation, the oral interview.

First Phase Evaluation (Total Possible Score 45 Points)

a) Response to Requirements (0 - 5 Points)

A Degree to which the proposal conveys the proposer’s understanding of the purpose and scope of the RFP and CAB’s needs as expressed in the RFP.

B Degree to which the proposal conveys the proposer’s description of the proposed methods and procedures to perform the consultant duties, and qualifications and experience which demonstrates the proposer’s ability to perform the duties.

b) Knowledge, Skills & Experience

A Architectural Experience (0 - 10 Points)

A.1 Scope and diversity of practice A.2 Knowledge of current standards of practice A.3 Experience in contract administration A.4 Experience in testifying in architectural related civil or other matters

B Analytical Skills (0 - 5 Points)

B.1 Complaint review and analysis B.2 Consultative services B.3 Review plans

C Communication Skills (0 - 5 Points)

C.1 Experience and ability to communicate orally and in writing C.2 Ability to act as a representative of a public entity C.3 Speak publicly C.4 Train others C.5 Deal with difficult situations

D Knowledge of Building Codes (0 - 10 Points)

D.1 Ability to interpret D.2 Understanding of interrelationship between codes and practice D.3 Americans with Disabilities Act

E Knowledge of Enforcement and CAB (0 - 10 Points)

E.1 Knowledge and understanding of laws, regulations, and legal process E.2 Ability to serve as an expert witness

2. Selection Criteria – Second Phase Evaluation

The proposals receiving an overall technical score of 30 or more from the first phase evaluation will proceed to the second phase of the evaluation process. The second phase of the evaluation process will consist of an oral interview by the Evaluation Committee. Costs to appear at the oral interview are entirely the responsibility of the proposer and shall not be chargeable to the State. The oral interviews will be conducted at a location to be determined at a later date by the Evaluation Committee.

The Evaluation Committee will, through consensus, award a single score for each of the selection criteria during the oral interview. For more information regarding the criteria, see Rating Scale Definitions and Guidelines (Attachment 10). The Evaluation Committee will award scores of 0-25 points based on the criteria listed. The total possible overall interview score is 25 points. Any proposal not receiving an overall interview score of 20 or more for the second phase evaluation will be eliminated from further consideration. Any proposal receiving an overall interview score of 20 or more will proceed to the cost component phase.

During the second phase of the evaluation process (oral interview), the proposer will be asked a set pattern of questions related to the criteria below. The proposer will be evaluated based upon his/her response and individual points will be assigned for each criterion as specified below. For more information regarding the criteria, see Rating Scale Definitions and Guidelines (Attachment 10).

Second Phase Evaluation (Total Possible Score 25 Points)

a) Knowledge, Skills & Experience

A Architectural Experience (0 - 5 Points)

A.1 Scope and diversity of practice A.2 Knowledge of current standards of practice A.3 Experience in contract administration A.4 Experience in testifying in architectural related civil or other matters

B Analytical Skills (0 - 5 Points)

B.1 Complaint review and analysis B.2 Consultative services B.3 Review plans

C Communication Skills (0 - 5 Points)

C.1 Experience and ability to communicate orally and in writing C.2 Ability to act as a representative of a public entity C.3 Speak publicly C.4 Train others C.5 Deal with difficult situations

D Knowledge of Building Codes (0 - 5 Points)

D.1 Ability to interpret D.2 Understanding of interrelationship between codes and practice D.3 Americans with Disabilities Act

E Knowledge of Enforcement and CAB (0 - 5 Points)

E.1 Knowledge and understanding of laws, regulations, and legal process E.2 Ability to serve as an expert witness

3. Cost Component

Proposals receiving an overall technical score of 30 or more from the first phase evaluation and an overall interview score of 20 or more from the second phase evaluation will be granted a cost component score based upon the hourly rate proposed in relation to the criteria specified below.

* Hourly rate proposed $75.01 - $80.00 (20 Points)

* Hourly rate proposed $68.01 - $75.00 (25 Points)

* Hourly rate proposed $68.00 - $ Under (30 Points)

The overall technical score of the first phase evaluation, the overall interview score of the second phase evaluation, and the cost component score will be added together to determine an accumulated score. The total possible accumulated score is 100 points. Scores that are not whole numbers will be rounded to two decimal places.

Certified small businesses (SB) or microbusinesses will be granted a preference consisting of five percent (5%) of the total points of the highest scored proposal submitted by another proposer who is not certified as a small business or microbusiness. The five percent (5%) will be added to the total points of each SB or microbusiness. If a proposer does not qualify for a small business preference then the accumulated score will be considered the proposer’s final score. (See examples on page 11.)

(Please refer to page 13, Section I. Preference/Incentive Programs for information regarding the small business preference.)

Certified DVBEs will be granted a preference consisting of five (5) points added to the DVBE proposer’s total score, after any applicable SB or microbusiness has been applied to the score. (Please refer to page 12 and 13, Section I. Preference/Incentive Programs and pages 14 through 16, California Disabled Veteran Business Enterprise.)

Example:

Architect C has the highest scored proposal and is not certified as a small business. Architect C’s final score (total points) is 90. Five percent of 90 is 4.50. Architect B is a certified SB and DVBE. Architect B’s total score of 86 will be increased by 4.50 (SB preference) and by 5.00 points for DVBE incentive.

Architect B’s “new” final score is 95.50.

(The highest scored proposal is now Architect B, a certified SB and certified DVBE. The contract was awarded to Architect B, the highest final score.)

4. Final Selection and Award Process

A contract will be awarded to the proposer who accumulates the highest final score. The DCA reserves the right to reject any and all proposals and to waive informalities and minor irregularities in proposals received. In the event of a tie in the highest final score, a tiebreaker will be decided by a coin toss observed by witnesses. Affected proposers will be invited to witness the coin toss. In the event of a precise tie of the final score of a certified SB or microbusiness and the final score of a certified DVBE, the contract must be awarded to the DVBE. [GC § 14838 (f)]

After the evaluation process has determined the proposer who scored the highest total points a “Notice of Intent to Award” to the proposed Contractor will be posted in the DCA First Floor Lobby at 1625 North Market Blvd., Sacramento, CA 95834 and at the CAB’s Reception Area located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834 five (5) working days prior to awarding the agreement. If no protests are received after five (5) business days, the “Notice of Award” will be posted.

F. Protest Procedures

If any proposer, prior to the award of agreement, files a protest with the Department of General Services (DGS), Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the Department of Consumer Affairs, Business Services Office, Contracts Unit, Attention: Dennis Sellers 1625 North Market Blvd., S-103, Sacramento, CA 95834 on the grounds that the protesting proposer would have been awarded the agreement, had the DCA correctly applied the evaluation standard in the RFP or followed the evaluation and scoring methods in the RFP, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. It is suggested that you submit any protest by certified or registered mail.

Within five (5) calendar days after filing the initial protest, the protesting proposer must file with the DGS, Office of Legal Services, and the DCA, a detailed written statement specifying the grounds for the protest, if the original protest did not contain the complete grounds for the protest.

G. 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 (Government Code section 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.

H. Method of Payment

The proposer shall be reimbursed for his/her services monthly, based on the number of hours worked, and for any travel, training, registration, membership, and related expenses as determined by CAB. The proposer will be paid in arrears within 30-45 days of receipt of an approved invoice. The invoice shall be submitted in triplicate and include the agreement number, detail of the tasks performed, hours and time period of service and amount due.

The State shall retain ten percent (10%) out of each payment pending satisfactory completion of the contract or upon satisfactory completion of separate and distinct tasks as provided in Section 10379 of the Public Contract Code. Invoices will be submitted to:

California Architects Board 2420 Del Paso Road, Suite 105 Sacramento, CA 95834

See Budget Detail and Payment Provisions (Exhibit B of Attachment 7) for more information.

I. Preference/Incentive Programs

1. Small Business Enterprise (SBE)

Overview - Current law encourages state departments to first consider a SBE/Microbusiness Enterprise (Micro) for contracting opportunities. The DCA is committed to supporting SBE/Micro business participation in state contracting and seeks to use certified SBE/Micro businesses whenever possible.

The State of California provides a five percent (5%) preference to certified Small Business (SB) proposers. The standard contract language for the preference programs can be found at http://www.pd.dgs.ca.gov/smbus/default/htm. For the purposes of this section, the definitions specified in Title 2, California Code of Regulations (CCR), §1896.4 shall apply unless otherwise noted.

Questions regarding certification of small businesses should be directed to the Office of Small Business and DVBE Services at (916) 375-4940.

2. Target Area Contract Preference Act (TACPA) - http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx

3. Disabled Veteran Business Enterprise (DVBE) Incentive

As described in the Scope of Work, page 29, 5.J. Working Conditions, no subcontracting is permitted in the performance of this contract. However, the DCA encourages the participation of DVBEs in state contracting and seeks to use certified DVBE businesses whenever possible. For this RFP the DCA will provide a five (5) point incentive to Prime Contractors that are certified DVBE proposers. An explanation of the DVBE requirements can be found at the Internet web site http://www.pd.dgs.ca.gov/smbus/default.htm. (See next page – DVBE Incentive Instructions).

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

INCENTIVE INSTRUCTIONS

(Revision Date 09/03/2009)

Please read the requirements and instructions carefully before you begin.

AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq. Recent legislation has modified the program significantly in that a bidder may no longer demonstrate compliance with program requirements by performing a “good faith effort” (GFE).

This solicitation does not include a minimum DVBE participation percentage or goal.

DVBE BID INCENTIVE. Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. For the purpose of this RFP, which is based on highest score and no subcontracting permitted, the DVBE Incentive is based on 100% participation with five (5) points added to the DVBE bidder’s total score.

The table below overrides the standard DVBE table in the DVBE Program requirements. The rationale for this table below is based on no subcontracting permitted under this contract (RFP CAB-16-1), as stated on page 13, #3. Disabled Veteran Business Enterprise (DVBE) Incentive and page 29, 5. J. Working Conditions. The following points will apply to 100% DVBE participation.

As applicable:

(1) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.

(2) DVBE Incentive points will be added to the DVBE bidder’s total score.

INTRODUCTION. Bidders must document DVBE participation commitment by completing and submitting a Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation documents). Bids or proposals (hereafter called “bids”) that fail to submit the required form to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive.

Information submitted by the intended awardee to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties, and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

At the State’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes 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. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

THE DVBE BUSINESS UTILIZATION PLAN (BUP): DVBE BUPs are a company’s commitment to expend a minimum of 3% of its total statewide contract dollars with DVBEs -- this percentage is based on all of its contracts held in California, not just those with the State. A DVBE BUP does not qualify a firm for a DVBE incentive. Bidders with a BUP, must submit a Bidders Declaration (GSPD-05-105) to confirm the DVBE participation for an element of work on this solicitation in order to claim a DVBE incentive(s).

THE FOLLOWING MAY BE USED TO LOCATE DVBE SUPPLIERS:

Awarding Department: Contact the department’s contracting official named in this solicitation for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation.

Other State and Federal Agencies, and Local Organizations:

STATE: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at https://caleprocure.ca.gov. To begin your search, click on “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) 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 https://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: OSDCHelp@dgs.ca.gov.

FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at www.ccr.gov to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions. Remember to verify each firm’s status as a California certified DVBE.

LOCAL: Contact local DVBE organization to identify DVBEs. For a list of local organizations, go to www.pd.dgs.ca.gov/smbus and select: DVBE Local Contacts (New 02/09) (pdf).

RESOURCES AND INFORMATION

For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. For a directory of SB/DVBE Advocates for each department go to:

http://www.pd.dgs.ca.gov/smbus/advocate.htm.

The Department of General Services, Procurement Division (DGS-PD) publishes a list of trade and focus publications to assist bidders in locating DVBEs for a fee. To obtain this list, please go to www.pd.dgs.ca.gov/smbus and select:

· DVBE Trade Paper Listing (New 02/09) (pdf)

· DVBE Focus Paper Listing (New 02/09) (pdf)

RFP No. CAB-16-1 Architect Consultant Services

U.S. Small Business Administration (SBA):

Use the Central Contractor Registration (CCR) on-line database.

Internet contact only – Database: www.ccr.gov.

FOR:

Service-Disabled Veteran-owned businesses in California (Remember to verify each DVBE’s California certification.)

Local Organizations: Go to www.pd.dgs.ca.gov/smbus and select: DVBE Local Contacts (New 02/09) (pdf)

FOR:

List of potential DVBE subcontractors

DGS-PD EProcurement Website: https://caleprocure.ca.gov.

Phone: (916)375-2000 Email: https://caleprocure.ca.gov

FOR:

• SB/DVBE Search

• CSCR Ads

• Click on Training tab to Access eProcurement Training Modules including: Small Business (SB)/DVBE Search

DGS-PD Office of Small Business and DVBE Services (OSDS) 707 Third Street, Room 1-400, West Sacramento, CA 95605 Website: www.pd.dgs.ca.gov/smbus

FOR:

• Directory of California-Certified DVBEs

• Certification Applications

• Certification Information

• Certification Status, Concerns

• General DVBE Program Info.

• DVBE Business Utilization Plan

• Small Business/DVBE Advocate

J. Darfur Contracting Act of 2008

Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). 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 Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 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. [Public Contract Code section 10477(a)].

Therefore, Public Contract Code section 10478(a) requires a company that currently has (or within the previous three 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 (See Attachment 5).

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 Public Contract Code section 10477(b) (See Attachment 5).

K. Loss Leader Language

It is unlawful for any person engaged in business within this state to sell or use any article as a “loss leader” as defined in section 17030 of the Business and Professions Code.

Attachment Check List (ATTACHMENT 1)

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

Complete this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State. For your proposal to be responsive, all required attachments must be returned. This checklist should be returned with your proposal package also.

REQUIRED ATTACHMENTS

*These documents are not required with the proposal package, but are required upon award of the RFP.

(ATTACHMENT 2)

PROPOSAL/PROPOSER CERTIFICATION SHEET

This Proposal/Proposer 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 in a sealed envelope in accordance with RFP instructions.

A. Place all required attachments behind this certification sheet.

B. 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 Proposal/Proposer Certification Sheet May Be Cause For Rejection

3. Address

Indicate your organization type:

Indicate the applicable employer and/or corporation number:

9. Indicate applicable license and/or certification information:

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as:

a. Small Business Enterprise Yes |_| No |_| If yes, enter certification number below:

b. Disabled Veteran Business Enterprise Yes |_| No |_| If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes.”

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.

Enter your federal employer 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 Small Business Enterprise, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veteran 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 OSDS.

STATE OF CALIFORNIA-DEPARTMENT OF FINANCE

PAYEE DATA RECORD Attachment 3 Required when…