RFP_CFC_Tax_Credit_Regulations_Consultant_2025_FINAL.pdf

REQUEST FOR PROPOSAL

Notice to Prospective Proposers

June 25, 2025

You are invited to review and respond to this Request for Proposal (RFP), entitled CFC Tax Credit Regulations Consultant. In submitting your proposal, you must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language.

In the opinion of the California Film Commission, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please submit your questions to the email shown below. Answers to all questions will be compiled and emailed to each responder.

Governor’s Office of Business and Economic Development 1325 J Street, Suite 1800 Sacramento, CA 95814

GO-Biz.BSU@gobiz.ca.gov

Opening Date: June 27, 2025 Closing Date: July 15, 2025, at 5 p.m. PDT

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

Proposals submitted after the stipulated deadline will be rejected without being evaluated without exceptions.

mailto:GO-Biz.BSU@gobiz.ca.gov

Purpose and Description of Service

The California Film Commission (CFC) supports film, TV and commercial productions of all sizes, and budgets, with a variety of services including an extensive digital location library, free online permitting, low cost use of state properties as shooting locations, and production assistance. The CFC partners with a network of over 50 Regional Film Offices across the state which provides localized support and permit assistance. CFC works to educate decision makers about the value of in-state film productions. CFC is the primary liaison between the production community and all levels of government. The CFC’s goal is to increase the amount of film production, jobs, and revenue occurring in California.

CFC administers the California Film and Television Tax credit program for the state. This incentive program allows California to compete with the 40 states and dozens of countries that are aggressively luring film and television productions to their regions by offering generous incentives. The abundance of production incentives has greatly increased filming in other states and countries, further contributing to the erosion of motion picture production in California. The program, which launched in July 2009, has been effective in keeping productions working in the state. An enhanced incentive program is funded through 2025.

The CFC seeks to contract a vendor to perform tasks associated with the tax credit program application review process. The contracted vendor is a highly-specialized business, possessing deep understanding, knowledge, and experience in the motion picture production industry. The vendor will conduct day-to-day activities, that include: analyzing applicant budgets for alignment with industry standards using motion picture industry software; identifying non-qualified expenditures and removing non-qualified spend; creating credit calculation worksheets and supporting documents for each application; and tracking and reviewing application materials such as production schedules, financing sources, diversity plans, scripts, and other documents.

Scope of Work and Minimum Qualifications

Proposer must describe methods, strategies, and approaches to effectively organize a rulemaking packet, showing understanding and knowledge of film and television tax credit program currently pending legislative approval. Proposers must show knowledge of the rulemaking process, triggered by a bill passage in the California Legislature. Exhibiting familiarization of changing laws that govern the CA Film & Television Tax Credit Program is critical. Proposers must demonstrate knowledge of rulemaking protocols to effectively implement, interpret, and make specific statutory language. Proposers must have experience communicating with Office of Administrative Law staff and knowledge of rules and regulations in submitting a regulations package. The proposer will exhibit subject matter expertise pertaining to the rulemaking process and will act as co-lead during stakeholder meetings.

A. Contractor Tasks and Responsibilities:

1. Proposer must demonstrate professional and education experience involving the production of motion picture, television, or video, and/or government/public service.

2. Proposer must demonstrate knowledge and experience in working with Tax

Credit Program statutes and regulations.

3. Proposer must demonstrate knowledge and experience in preparing the rulemaking package, contacting OAL, apply regulations including setting timeframes and routing approvals, regulations formatting, organizing necessary documents, and scheduling and leading stakeholder workgroups.

4. Proposer must demonstrate knowledge and experience in working with the

Franchise Tax Board.

5. Proposer must demonstrate knowledge and experience in publishing notice of proposed regulatory action, including noticing OAL, stakeholders, and publishing online notice.

6. Proposer must demonstrate knowledge and experience in fielding public comments, including initial and final responses.

7. Proposer must demonstrate knowledge and experience in publishing a regulations re-notice, including specific timeframes.

8. Proposer must demonstrate knowledge and experience in obtaining regulations approval from the CFC Board.

9. Proposer must demonstrate knowledge and experience in submitting the packet to OAL for review, including pertinent documents and forms to be included in the rulemaking record.

10. Proposer must demonstrate knowledge and experience in processing OAL review process and approval of regulations, including effective dates and notice to the public.

11. Proposer must demonstrate knowledge and experience in working on

Permanent and Emergency Regulations.

B. Deliverables – If awarded the contract, Proposer will be required to perform the following tasks:

1. Participate in all phases of implementing the tax credit program application process. Review program materials and disseminate complex information accurately.

2. Perform meaningful tasks which are necessary to the program such as computation, analysis of data, formatting and analyzing spreadsheets involving mathematical computation.

3. Access and be knowledgeable of the tax credit application portal. Analyze data entered in the portal and review required documentation submitted by applicants.

4. For each application, complete a Credits Calculation Worksheet, including:

application information, primary and secondary contacts, proposed budget schedules and dates, filming days in and outside of LA zone, production statistics (cast, crew, background, total CA expenditures, worldwide spend, visual effects expenditures).

5. Complete the Credits Worksheet tab with outside zone expenditures, music spend, qualified wages, qualified expenditures, contingency, bond. Recompute qualified expenditures to figure out credit amount.

6. Review expenditures and factors contributing to bonus points. Recalculate and figure out the CAL jobs ratio.

7. Complete Exhibit B.

8. Verify all required documentation has been submitted by the applicant – qualified expenditures budget, production schedule or calendar, screenplay, financing sources, names of partners, Schedule R, detailed narrative statement, fringe matrix, diversity initiative, harassment prevention document.

9. Fill out the Application Review Tracking Sheet.

10. Meet tactfully and respectfully with other tax credit department staff.

C. Acceptance Criteria – It shall be the State’s sole determination as to whether a deliverable has been successfully completed and acceptable to the State.

D. Other Reporting Requirements

The contractor will develop and provide summary reports, in relation to the application review tracking sheet, as deemed appropriate and necessary by the

CFC.

E. State Responsibilities

Provide access to business and technical documents as necessary for the contractor to complete the tasks identified in the department’s purchase document.

Key Dates

Event Date

1. Release of RFP June 27, 2025

2. Questions Deadline July 9, 2025 at 5 p.m. PDT

3. Answers Posted July 10, 2025 by 5 pm. PDT

4. RFP Response Submission Deadline July 15, 2025 at 5 p.m. PDT

5. Candidate Presentations, if needed TBD

6. Anticipated Contract Award July 23, 2025

RFP Response Requirements

This RFP and the proposer’s response to this document will be made part of the CFC’s procurement contract file. Responses must contain all requested information and data and conform to the format described in this section. It is the proposer’s responsibility to provide all necessary information for the State to evaluate the response, verify requested information, and determine the proposer’s ability to perform the tasks and activities defined in the State’s Scope of Work.

Plagiarism, including but not limited to taking someone else's work or ideas and passing them off as one's own, and failure to cite someone else’s work or ideas, is prohibited and is grounds for disqualification. Using Generative Artificial Intelligence (GenAI) tools to complete any portion of an application, without citation, may be considered plagiarism and may also be grounds for disqualification.

The Proposer must submit their response electronically to the department contact name and email address indicated on the cover sheet to this RFP. All proposals, with required attachments, must be submitted electronically in PDF format via email to GO- Biz.BSU@gobiz.ca.gov with the subject line “RFP Submission: CFC Tax Credit Regulations Consultant.”

The proposer’s “Statement of Work” responds to the State’s Scope of Work and will be used to evaluate responsiveness to requirements. This Statement of Work response must map each task/deliverable item back to the Scope of Work. The response must include any additional information that the proposer deems necessary to explain how the Contractor intends to meet the State’s requirements. CFC estimates the contractor will work between July 23, 2025 to December 21, 2025. The Statement of Work needs to contain the following as appropriate:

• Overview of the required tasks and outcomes

• Description of how the tasks will be performed

• Work plan and timeline for each task

• Samples of work from other projects, or outlines of what deliverables are proposed for the required tasks

• Consultant résumés for each identified member of the contract team, detailing experience meeting the State’s requirements

• Organization Chart

• Any other requirements shown in the State’s Scope of Work

• Budget

a. Provide a detailed fee structure outlining consultant hours and rates.

b. Estimate costs based on expected workloads and deliverables. Expenses should be aligned with proposed tasks/activities.

Amendments to RFP; Downloading from Internet

1. GO-Biz reserves the right to amend the RFP at any time before the RFP submission deadline.

2. All amendments will be posted on Cal eProcure. Each Bidder is advised to check this home page periodically for amendments to this RFP, particularly if the Bidder downloaded the RFP from the Internet as the Bidder may not automatically receive amendments.

Presentations and/or Interviews

Upon request by the CFC, each contractor may be required to present their proposal virtually or in person, in the CFC’s Hollywood, CA offices. If requested, the offeror’s proposed key project staff identified on the Organization Chart must be in attendance.

Review of Proposals for Award

Responses to this RFP will first be reviewed for responsiveness to the requirements of the Scope of Work. If a response is lacking any information required in the Scope of Work, it may be deemed non-responsive. Further review is subject to CFC’s discretion.

Evaluation Criteria and Score Sheet

Proposals will be evaluated by individuals in a committee. The committee will evaluate each proposal and score each proposal individually using the Evaluation Criteria Score Sheet. Proposals will be considered on their merits in accordance with the Scope of Work.

Bidders must score at least 60 out of 70 possible technical points (non-budget/cost) to advance in the evaluation phase and be eligible for invitation to any applicable interview or presentation phase.

Proposals will be evaluated based on the adequacy of the response to all the requirements of this RFP and must include all information specifically required in all sections of the RFP. Proposal format and minimum qualifications will be evaluated on a points basis. Proposals that meet the proposal format and minimum qualifications requirements will be judged on the following criteria:

Evaluation Criteria Score Sheet

Maximum Possible Score

Score

1 How well does the proposer’s narrative description and timeline demonstrate understanding of the request and necessary expertise with the proposed work plan?

2 Methods and strategies for Contractor tasks, Responsibilities and Deliverables

3 Professional and education experience involving the production of motion picture, television, or video, and/or government/public service.

4 Knowledge and experience in preparing the rulemaking package, contacting OAL, apply regulations including setting timeframes and routing approvals, regulations formatting, organizing necessary documents, and scheduling and leading stakeholder workgroups.

Knowledge of the tax credit program and the California Film Commission.

5 Budget / Cost

Total Score 100

GRAND TOTAL

Small Business Incentive Program

Current law encourages state departments to first consider a California-certified small business (SB) and microbusiness (MB) for contracting opportunities. The State of California is committed to supporting SB and MB participation in state contracting and seeks to use certified SBs and MBs whenever possible.

In accordance with GC Section 14835, et seq., certified small businesses and microbusinesses are encouraged to apply and can claim a five percent (5%) preference when submitting a bid on a state contract. A non-small business may receive a preference of five percent (5%) if the business commits to subcontracting at least twenty-five percent (25%) of its net bid price with one or more small businesses or microbusinesses.

a) The SB preference provides certified SBs and MBs a calculation preference in the amount of five percent (5%) of the highest scored, responsible, and responsive proposal submitted by a proposing firm who is not a certified small business.

b) The five percent (5%) preference is used only for computation purposes, to determine the winning bidder and does not alter the amounts of the resulting contract. A contract awarded on the basis of the five percent (5%) preference is awarded to the small business or non-small business for the actual amount of its bid.

A complete copy of the firm’s current Small Business certification with the Department of General Services (DGS) must also accompany the response.

Helpful resources pertaining to the small business program may be found here:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/Commercially-Useful-Function-for-Certified-Firms

Disabled Veterans Business Enterprise (DVBE) Incentive Program

Prime contractors, with the exception of a certified Disabled Veterans Business Enterprise (DVBE), who subcontract work to DVBEs a minimum of five percent (5%) of its net bid price to meet the DVBE participation goal will receive a five percent (5%) preference during the evaluation.

In accordance with section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who meet or exceed the DVBE program requirement. For evaluation purposes only, the State shall apply an incentive to bids that propose California-certified DVBE participation as identified on the Bidder Declaration and confirmed by the State. A five percent (5%) preference will be given. A contract awarded on the basis of the five percent (5%) preference is awarded to the DVBE for the actual amount of its bid.

A complete copy of the firm’s current DVBE certification with the Department of General Services (DGS) must also accompany the response.

Helpful resources pertaining to the DVBE program may be found here:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/Commercially-Useful-Function-for-Certified-Firms

GenAI DISCLOSURE https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

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

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

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

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

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

Vendor Forms Please include the completed vendor forms and submit with your proposal. Blank copies of the required forms will be included in the solicitation documents. The necessary forms are as follows:

• STD 204 – Payee Data Record

• STD 21 – Drug Free Workplace Certification

• CCC – Contractor Certification Clauses

• Darfur

• Bidder Declaration

Public Records Act By submitting an application, the applicant acknowledges that GO-Biz is subject to the California Public Records Act (PRA) (Government Code section 7920.000 et. seq.).

Consequently, materials submitted by an applicant to GO-Biz may be subject to disclosure pursuant to a PRA request. In the event that records of the applicant are requested, GO-Biz will notify the applicant, as soon as practicable, that a PRA request for the applicant’s information has been received, but not less than five (5) business days prior to the release of the requested information, to allow the applicant to seek an injunction. GO-Biz will work in good faith with the applicant to protect any confidential information to the extent an exemption is provided by law.

Award and Protests

A. Notice of the proposed award shall be posted in a public place in the office of the

Governor’s Office of Business and Economic Development for five (5) working days prior to awarding the agreement.

B. If any proposer, prior to the award of agreement, files a protest with the Governor’s

Office of Business and Economic Development, 1325 J Street, Suite 1800, Sacramento, CA 95814; and the Department of General Services, Office of Legal Services, 707 Third Street, 7thFloor, Suite 7-330, West Sacramento, CA 95605, on the grounds that the (protesting) proposer would have been awarded the contract had the agency correctly applied the evaluation standard in the RFP, or if the agency followed the evaluation and scoring methods in the RFP, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. It is suggested that you submit any protest by certified or registered mail.

C. Within five (5) calendar days after filing the initial protest, the protesting proposer shall file with the Department of General Services, Office of Legal Services and the Governor’s Office of Business and Economic Development a detailed statement specifying the grounds for the protest.

D. Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at http://www.courts.ca.gov/documents/4-2-RFP- 13-14-01GW- Attachment-5-Payee-Data-Record.pdf

E. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

F. Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses, which can be found on the Internet at https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract- Language http://www.courts.ca.gov/documents/4-2-RFP-13-14-01GW-Attachment-5-Payee-Data-Record.pdf http://www.courts.ca.gov/documents/4-2-RFP-13-14-01GW-Attachment-5-Payee-Data-Record.pdf http://www.courts.ca.gov/documents/4-2-RFP-13-14-01GW-Attachment-5-Payee-Data-Record.pdf https://www.dgs.ca.gov/OLS/Resources/Page-%20Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-%20Language https://www.dgs.ca.gov/OLS/Resources/Page-%20Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-%20Language https://www.dgs.ca.gov/OLS/Resources/Page-%20Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-%20Language

Potential Proposers must email all required materials to GO-Biz.BSU@gobiz.ca.gov no later than July 15, 2025, at 5:00 PM PDT. No mailed/hard copy submittals will be accepted. No late proposals will be accepted or considered under any circumstances. It is recommended that you submit your proposal in advance of the final deadline to receive a confirmation of receipt.

Award and Protests