RFP.23-190911.CPPA.AdMediaCreativeServices.docx

REQUEST FOR PROPOSALS

Notice to Prospective Proposers Advertising/Media Buy & Creative Services

RFP 23-190911

March 27, 2024 You are invited to review and respond to this Request for Proposals (RFP) for the Scope of Work for Advertising/Media Buy and Creative Services offered by the California Privacy Protection Agency (CPPA).

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 4/2017) and Contractor Certification Clauses (CCC 4/2017) that may be viewed and downloaded at the following 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 submittal 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 In the opinion of the Office of Business and Acquisition Services (OBAS), this RFP is complete and without need of explanation. However, if you have questions regarding this RFP, please contact the below listed Acquisition Analyst. Please note that verbal information given will not be binding on the State unless such information is issued in writing as an official addendum to this RFP.

Sharlini Lee, Acquisition Analyst Office of Business and Acquisition Services (OBAS) 707 Third Street West Sacramento, CA 95605 279-799-4372

STATE OF CALIFORNIA

CALIFORNIA PRIVACY PROTECTION AGENCY

cppa.ca.gov California Privacy Protection Agency Advertising/Media Buy & Creative Services RFP 23-190911; Page 5 of 37 Sharlini.Lee@dgs.ca.gov Administration Division, Office of Business and Acquisition Services | State of California | Government Operations Agency Contracts Services Section | 707 Third Street, MS 508 |West Sacramento, CA 95605 | t 916.376.1768

Table of Contents

California Privacy Protection Agency Advertising/Media Buy & Creative Services RFP 22-135589; Page 3 of 43

Purpose and Description of Services A. The California Privacy Protection Agency (CPPA) is requesting a proposal for Advertising/Media Buy and Creative Services for its public education campaign.

The Proposer shall provide an advertising/media buy plan. Once approved by the CPPA, the Proposer will work with various media outlets to place paid advertising throughout California. Channels should include, but are not limited to, radio, TV, Out-of-Home, and digital. The plan should also include securing PSA spots on both radio and TV.

The Proposer shall provide creative services. This could include but is not limited to the production of videos, animations, creative for the paid media campaign, and graphics.

B. Services will be performed remotely. Meetings will be held remotely, and in-person meetings maybe requested by CPPA as needed.

C. The anticipated term of the contract will be for two (2) years and one (1) week. CPPA will have the sole option to extend the contract term for one (1) year at the contracted rates.

D. The Proposer’s rates will stay in effect for the entire contract term.

E. The Proposer’s required services are provided in Attachment 12, Sample Standard Agreement and Exhibits. The winning Proposer will be required to adhere to all Agreement terms as indicated in Attachment 12, Sample Standard Agreement and Exhibits. Please note that any orange font language in the attached sample contract is for informational purposes only and will not appear in the final contract.

Proposer Minimum Qualifications NOTE: Proposal Submittals that do not meet minimum requirements will be rejected.

Qualifications:

1. A Proposer must be registered with the State of California, Secretary of State, if required by law.

2. Demonstrate that they have been in business for at least five (5) years; or if the firm has not been in business for at least five (5) years, the senior principals of the firm must provide resumes (CVs) confirming they have at least ten (10) years of relevant, and applicable experience with a similar firm(s).

3. Demonstrate completion of at least three (3) projects that demonstrate the Proposer’s experience in developing an advertising/media buy plan and creative services for a statewide public education campaign by a government agency. Documentation must include the project title, project description, Proposer’s role in the project, and two (2) references (name, company, title, email, and phone number) for each project.

4. Demonstrate successful execution of at least one (1) multilingual and/or culturally diverse media and/or advertising campaign within the last three (3) years.

5. Demonstrate at least two (2) years of experience designing, administering, and completing media and/or advertising campaigns.

6. At least three (3) years of developing videos for public education campaigns.

7. Demonstrate they are compliant with the California Consumer Privacy Act by providing a link to their Privacy Policy if applicable, or by providing a written justification that demonstrates Contractor’s exemption from the law.

Insurance:

A Proposer must submit current proof of insurance for the following:

1. General Liability

2. Commercial Automobile Insurance

3. Worker’s Compensation

4. Errors and Omissions/Professional Liability A certificate of insurance (COI) may be provided as proof of insurance. The COI and/or proof of insurance documents will be named Attachment 10, Proof of Insurance, and be submitted with the proposal. Endorsements to insurance policies are not required for proposal submittal. Endorsements to insurance policies are only required by the winning Proposer as indicated in Attachment 12, Sample Standard Agreement and Exhibits.

NOTE: Contact your insurance representative to ensure your insurance program satisfies the requirements of the sample contract found in Exhibit D, Section 9 in Attachment 12, prior to submitting proposal.

References:

Proposers must provide three (3) or more references. Required Attachment 5, Proposer References, must be completed and submitted with the proposal submittal. NOTE: References to include satisfactory job performance on operations within the last five (5) years that are similar to the services required in this solicitation.

DVBE Participation Pursuant to Public Contract Code section 10115 subdivision (c) and Military and Veterans Code (MVC) section 999.2 subdivision (a), Proposers are required to meet a Disabled Veteran Business Enterprise (DVBE) participation goal. The required participation for this agreement is 3%. Proposer must document the required DVBE program participation on Attachment 3, Bidder Declaration (GSPD-05-105).

NOTES:

· Multiple DVBEs can be contemplated to fulfill the requirements of this contract.

· Pursuant to MVC section 999.5, only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may qualify the Proposer, or be used to qualify the Proposer, for DVBE participation.

RFP Information

1. Key Action Dates Listed below are the important action dates and times by which actions must be taken or completed. If OBAS finds it necessary to change any of these dates, it will be accomplished by addendum to this RFP. ALL DATES AFTER THE DEADLINE FOR FINAL BID SUBMITTAL ARE APPROXIMATE AND MAY BE ADJUSTED AS CONDITIONS INDICATE, WITHOUT ADDENDUM TO THIS RFP.

A. Written Questions

1. Proposers requiring clarification of the intent or content of this RFP, or on procedural matters regarding the competitive procurement process, may request clarification by submitting questions. Proposers may submit questions to the Acquisitions Analyst listed on the Notice to Prospective Proposers via email or via U.S. mail. If sending via U.S. mail, the envelope must be clearly marked “Questions Relating to “RFP ADVERTISING/MEDIA BUY” and sent to the Acquisition Analyst listed on the Notice to Prospective Proposers for this RFP. To ensure a response, questions must be received in writing by the date given for written questions in Key Action Dates (See Section A above). Question and Answer Sets will be provided to all Proposers without identifying the submitters and will be posted as an official Addendum.

2. Requests for Changes to the RFP – If the Proposer believes that one or more of the RFP requirements is onerous, unfair, or imposes unnecessary constraints to the Proposer in proposing less costly or alternate solutions, the Proposer may request a change to the RFP by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. Such requests must be submitted to the Acquisition Analyst by the date specified herein for written questions concerning the RFP. Such changes will be made at the sole option of OBAS. If OBAS determines that any requested change is in the best interest of the State, all Proposers will be notified of the change in the form of an Addendum to this RFP without revealing the identity of the Proposer that requested the change.

3. If a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, the Proposer will immediately notify OBAS of such error(s) in writing and request clarification or modification of the document. If a Proposer fails to notify OBAS, prior to the Deadline for Final Proposal Submittal, of an error known to the Proposer, or an error that reasonably should have been known, the Proposer will proposal at their own risk, and if awarded the contract, will not be entitled to additional compensation or time by reason of the error or its later correction.

B. News Releases News releases pertaining to any award resulting from this RFP may not be made without prior written approval of:

The Public Information Officer 707 Third Street, MS 101 West Sacramento, CA 95605 Phone: (916) 376-5037 Email: DGSPublicAffairs@dgs.ca.gov Proposal Requirements

1. Proposal Content Requirements All of the information requested shall be provided in the prescribed format. 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. A proposal will be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements.

General: Proposer(s) seeking consideration must complete and return to the State a cover letter and all portions requiring Proposer(s) information by the date and time specified in the Key Action Dates section of this RFP. The proposal will be presented in separately tabulated sections, with each section and the contents therein as set forth below:

1. Section 1: Cover Letter: A cover letter, which shall be considered an integral part of the proposal, shall be signed by the individual(s) who is/are authorized to bind the Proposer contractually. This cover letter must indicate the signer is so authorized and must indicate the title or position which the signer holds in the Proposer's firm. The letter shall also contain: the firm's name, address and telephone number; a statement expressing the Proposer's unequivocal commitment and ability to perform the services as described in this RFP as well as a statement as to the availability of the Lead Contact/Contract Manager and other key professional(s) and support staff that will be assigned to the contract and other required resources to perform all services described; a statement that the information contained in the proposal is accurate to the best of the Proposer’s knowledge and belief.

2. Section 2: Background and Experience : A narrative description of the RFP Proposer’s relevant background and experience. The following information shall be included:

a. Statement describing the Proposer’s relevant and adequate experience with, or adequate knowledge of, developing and implementing an advertising/media buy strategy for a statewide public education campaign, which includes various advertising channels. Channels should include, but are not limited to, radio, TV, Out-of-home, and digital. Proposer should also outline their ability to negotiate with advertising channels to secure the best value for their client, their ability to secure value-added bonus advertising spots as part of an overall media buy, and their ability to secure Public Service Announcements (PSAs).

b. Statement describing the Proposer’s ability to deploy the advertising/media buy strategy in at least six geographic regions in California: (1) Los Angeles, (2) San Diego/Imperial Valley, (3) Riverside/Inland Empire, (4) Bay Area, (5) Sacramento/North State, and (6) Fresno/Central Valley.

c. Statement describing the Proposer’s understanding of tracking the success of an advertising campaign and the ability to change course as need to maximize the value to the client and successfully reach all Californians.

d. Statement describing the Proposer’s experience reaching various audiences through a statewide advertising campaign. The campaign’s goal should be to reach all Californians, including vulnerable populations such as students, immigrants, senior citizens, low-income households, individuals with limited formal education, rural residents, and populations where English is not their first language.

e. Statement describing the Proposer’s experience developing videos for technically complex topics in simple ways that are easy for the general public to understand. Proposers should detail how they developed the script(s), storyboarding, and final video. If any subcontractors were used to develop the video(s), Proposers should note that.

f. Statement describing the Proposer’s ability to develop other creative materials, including the production of radio, TV, digital, and Out-of-home ads.

g. Statement describing the Proposer’s capacity to protect consumer information in accordance with the California Consumer Privacy Act. Proposers should also explain how they plan to ensure they, and any subcontractors they use, are and will remain compliant with the CCPA.

h. Statement describing the Proposer’s ability to develop culturally appropriate materials for communities where English is not the primary language. Statement describing the Proposer’s successful experience with or adequate knowledge of implementing work plans consistent with the goals of this RFP.

i. Statement describing the Proposer’s capacity to effectively manage the administration, resources, relationships, and deliverables required as part of this RFP.

3. Section 3: Organizational Structure and Personnel Resources: A narrative description is required describing how the Proposer plans to organize the resources necessary to complete the service deliverables. The content should demonstrate the Proposer’s ability to provide the services set forth in this RFP. This section shall include:

a. Services and Activities: Provide a description of the nature of the Proposer’s services and activities as it relates to the planning and implementation of an advertising/media buy for statewide public education campaigns and the development of creative content for statewide public education campaigns. Note when the Proposer, if a business, was established, its brief history, and its location. List the location(s) of the office(s) from which the primary work on this contract would be performed. The Proposer must give evidence that it has at least one California office and will provide services through this location.

b. Project Manager (PM): Identify one (1), or more individuals, on the Proposer’s team, who will manage the work on this contract and what their Full Time Equivalent (FTE) will be throughout the entire term of this Agreement. Describe the agency’s overall experience in developing, implementing, and managing program activities, such as that described in the deliverables.

c. Key Personnel: Specify the key personnel who will manage or conduct the work. Identify the role each person will serve, their title, where the individual is headquartered, and the percentage of the Proposer’s total effort that will be provided by the individual. “Key personnel” are defined as those people in conjunction with the PM who will exercise a major management and/or administrative role on behalf of the Proposer. “Key personnel” also includes individuals who are responsible for completing or assisting with the completion of the deliverables described in Exhibit A, Scope of Work. “Key personnel” does not include clerical staff.

d. Current resumes for the PM and key personnel: Include resumes describing education, experience, and expertise with pertinent information demonstrating qualifications for this RFP. If specific positions are not yet filled, please include job descriptions and qualifications for those positions desired.

e. Subcontractors: If applicable, provide the names, addresses, and telephone numbers of all contemplated subcontractors; clearly describe the services each will provide; the method used to secure their services; the portions and monetary percentages of the work to be done by the subcontractors; a description of how the subcontracted work will be controlled, monitored, and evaluated by the Proposer; and a resume for each key staff member of the subcontractor.

f. The State considers the successful Proposer to be the sole point of contact for the Agreement. However, all subcontractors must conform to all requirements of this RFP and must be approved by the State, in writing, in advance. Entering into an Agreement with the State pursuant to the proposal does not constitute written approval of the proposed subcontractor.

g. Organizational Chart: The Proposer must include an organizational chart, showing the hierarchy of the PM and key personnel involved. The chart must show the project staff, creative media/public relations staff, researchers and other key personnel of the Proposer’s organization and all other parties (subcontractors) to the proposal.

4. Section 4: Methodology: This section of the proposal should contain a detailed, clearly written explanation of the methods and tasks that the Proposer will follow to perform the services required by this RFP. The written explanation should include the following for each component:

a. Statements describing how the Proposer demonstrates knowledge, experience, and an understanding of developing content for a public education campaign that includes technically complex information in a way that is easy to understand for the general public unfamiliar with the technical complexities of the issue.

b. Statements describing how the Proposer will report the work completed on a monthly basis, along with annual campaign wrap-up reports.

5. Section 5: Work Plan: Provide, as an attachment, a detailed proposed work plan for the estimated contract term inclusive of option years of July 1, 2024, through July 1, 2027. This section of the proposal should contain a list of phases, major activities, strategies, and tools to achieve the goal of developing and implementing a statewide advertising/media buy campaign and the development of creative materials for the public education campaign as outlined in the Scope of Work.

a. The work plan shall fully address each deliverable as outlined in RFP Attachment 12 Sample Standard Agreement, Exhibit A and demonstrate the activities that will be completed to fulfill each deliverable.

b. Proposer should describe how they can target and measure the success of an advertising campaign while maintaining consumer privacy. Proposer should also note how they will adapt advertising campaigns as needed this information.

c. The work plan shall include the Proposer’s ability to address factors critical for success, in addition to risks, barriers, and limitations (e.g., loss of key subcontractor).

d. CPPA anticipates using the Proposer’s submitted work plan as a template and will be incorporated into the Contract as Exhibit A - Attachment 1. The contractor will be required to update and/or revise the work plan as necessary to implement the methodology ultimately determined by CPPA.

6. Section 6: Advertising/Media Buy Plan: This section of the proposal should demonstrate how the Proposer would develop an advertising/media buy plan for the CPPA. Please note, the CPPA has an existing media buy contract which will be used for media buy placement. The bidder should estimate using no more than a third of the total amount of this RFP for media buying.

The explanation, at a minimum, shall include:

a. A list, explanation, and schedule of all steps/tasks required to create and implement the final advertising/media buy plan.

b. A description of how the Proposer will conduct the advertising/media buy plan, including:

i. Forms of advertising the Proposer recommends (radio, TV, digital, out-of-home, other)

ii. How the Proposer would negotiate ad buys for all channels, including valued-added spots.

iii. How the Proposer would monitor locations and replace missing or damaged Out-of-home ads.

iv. How the Proposer would track and verify media presence throughout the campaign and provide documentation to the client on a monthly or quarterly basis.

v. How the Proposer would vet advertising vendors to ensure they are compliant with the CCPA.

7. Section 7: Creative Samples: This section of the proposal should contain samples of previously developed work for other clients or sample creative (spec work) the Proposer would suggest for CPPA. If the Proposer is providing previously developed work, they should note any subcontractors who assisted with the work and the role of each firm that worked on the project.

In each case, public education campaign samples are preferred, but samples unrelated to a public education campaign are also acceptable. If possible, Proposer should include a few examples in a language other than English but include the English translation of the ad.

a. Proposer shall provide up to three samples of videos. Samples or spec work of animation videos are preferred.

b. Proposer shall provide up to three samples of Out-of-home ads. Samples could include visual mock-ups of ads for billboards, bus shelters, etc.

c. Proposer shall provide up to three samples of radio spots. Samples should include the scripts and links to final ads.

d. Proposer shall provide up to three samples of digital ads. Samples can be still images or video ads.

8. Section 8: Research: The CPPA conducted research in 2023 to benchmark awareness of the Agency and other topics related to the Agency’s mission. At least once during this outreach effort, additional polling to gauge the effectiveness of the public education campaign. The Proposer shall provide a plan for conducting such polling/survey effort to determine if the general public has become more aware of the CPPA and its mission since the launch of the public education campaign.

9. Section 9: Public Meetings: The CPPA will run outreach and stakeholder meetings throughout the state. The Proposer shall explain their experience assisting with logistical and outreach efforts for public meetings.

10. Section 10: Reporting Sample: Proposer shall include a sample report from a previous agreement completed by the Proposer that demonstrates the Proposer’s writing ability in analyzing and displaying data and overall quality of work. Report examples could include a monthly, annual, or campaign summary report from a previous agreement.

11. Section 11: Mandatory Attachments: Proposer shall include in this section all attachments as specified in Section 7 of Attachment 1.

D. Proposal Submittal Requirements

1. The proposal submittal is a mandatory step for all Proposers. Proposers are strongly encouraged to carefully read the entire solicitation prior to a submittal of proposal. The need to verify all documentation and responses prior to the submittal of the proposal cannot be overemphasized.

2. Developing the proposal submittal is entirely the responsibility of the Proposer and the State will reimburse the Proposer for costs related to the development of the proposal.

3. The proposal submittal must be complete in all respects as described in this RFP. A proposal submittal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A proposal submittal will be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements.

4. A completed proposal package must consist of all items identified in the Attachment 1, Proposal Submittal Attachment Checklist, including Attachment 1. Documents must be submitted in the order listed in Attachment 1, Proposal Submittal Attachment Checklist. A proposal submittal not including all required attachments will be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements, which is cause for rejection.

5. An individual who is authorized to bind the proposing firm contractually will sign Attachment 2, Proposal/Proposer Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected. The “Proposal/Proposer Certification Sheet” must be submitted with proposal submittal/package.

6. Electronic signatures including scans of wet signatures are permissible for all proposal documents.

7. Proposals and related documents must be completed in ink, typewritten or electronically prepared. No erasures or “white out” are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent to the error. The person signing Attachment 2, Proposal/Proposer Certification Sheet, must initial corrections.

8. The Proposer will submit one original and 3 copies of all required documents with wet or digital signatures.

9. The Proposer will deliver their proposal in such a way that the outside is clearly labeled as indicated below:

Attn: Sharlini Lee

RFP ADVERTISING/MEDIA BUY

DO NOT OPEN

Department of General Services Office of Business and Acquisition Services 707 Third Street, MS 508 West Sacramento, CA 95605

10. MAILED BIDS: Shall be sent to the address above.

11. HAND DELIVERED BIDS: Shall be placed in the DGS/OBAS Bid/Proposal Drop Box located in the lobby at 707 3rd Street, West Sacramento, CA 95605. The Drop Box will be opened at 2:00PM Tuesday through Thursday and proposals in the box will be certified as being received before 2:00PM that day.

12. It is the responsibility of the Proposer to ensure timely delivery of the proposal. A postmark or facsimile transmission will not be accepted as meeting the delivery time requirements. Proposers hand-delivering their proposals should allow extra time for traffic, sparse parking, slow elevators and clearing security procedures.

13. The proposal submittal implies no obligation on the part of CPPA to purchase or contract for services.

Rejection of Proposal Submittals

1. A proposal submittal not received by the date and time specified in Section III.A. Key Action Dates, or not sealed, will be rejected.

2. The proposal submittal must not contain false or misleading statements, or provide references which do not support an attribute or condition claimed by the Proposer. If, in the opinion of OBAS, such information was intended to mislead OBAS 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 submittal.

3. Deviations in the proposal submittal, whether or not intentional, may cause the proposal submittal to be non-responsive and not considered for award.

4. Any material submitted by any Proposer in the final proposal submittal that is marked “CONFIDENTIAL” or “PROPRIETARY” will be returned to the Proposer and cause the entire proposal submittal to be deemed non-responsive and rejected.

5. The State does not accept alternate contract language from a prospective contractor. A proposal submittal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

6. OBAS is not required to award a contract. OBAS 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. OBAS’s waiver of any immaterial deviation or defect will in no way modify the RFP documents or excuse the contractor from full compliance with the RFP specification, if awarded the contract.

Errors in the Proposal Submittal

1. The Proposer is cautioned to not rely on OBAS during the evaluation to discover and report to the Proposer any defects and errors in the submitted documents. The Proposer, before providing a proposal submittal, should carefully proof their documents for errors and adherence to the RFP requirements.

2. The Proposer may modify a proposal after its submittal by withdrawing its original proposal and resubmitting a new proposal prior to the final proposal submittal deadline. Proposer modifications offered in any other manner, oral or written, will not be considered.

3. The Proposer may withdraw a proposal by submitting a written withdrawal request to OBAS, signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new proposal prior to the final proposal submittal deadline. Proposals may not be withdrawn without cause subsequent to final proposal submittal deadline.

4. OBAS may modify the RFP prior to the key action date for submittal of proposals by posting an Addendum on the CSCR website, located at the following address:

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

5. OBAS may, at its sole option, correct discrepancy/errors on any and all copy sets on the basis that, if intent is not clearly established by the complete proposal submittal, the set marked as Master Copy will have priority over additional copy.

Disposition of Proposals

1. Upon proposal submittal, 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.

2. The proposal submittals may be returned to the Proposer only at the Proposer's expense, unless such expense is waived by the State and only after the final proposal tabulation has been released.

3. Upon cancellation of the solicitation, the OBAS Acquisition Analyst will offer to return the proposal at Proposer’s expense. A Proposer may request that OBAS destroy the proposal, rather than pay for its return.

Proposal Evaluation E. Evaluation and Selection Process

1. Only proposals received prior to the Deadline for Final Proposal Submittal identified in Section IV.A Key Action Dates will be opened and evaluated.

2. OBAS will appoint a State employee to review each proposal for completeness and compliance with any minimum qualifications as identified in Section III. Proposer Minimum Qualifications.

a. The review may also include, but not be limited to:

i) Validation of References;

ii) Cost Sheet calculations have been verified;

iii) SB Preferences have been evaluated, confirmed and calculated;

iv) DVBE Participation Requirement and Incentives have been evaluated, confirmed and calculated;

v) Darfur certification has been evaluated;

vi) Iran certification has been evaluated;

vii) California Civil Rights Attachment has been evaluated;

viii) Largest tax delinquents eligibility confirmed;

ix) Corporate standing has been verified with State of California, Secretary of State;

b. During review, if any of the required documents are missing, the evaluation committee may reject the proposal submittal as non-responsive. If any of the required documents are incomplete, the evaluation committee may reject the proposal submittal as non-responsive. If any of the required documents have been modified or contain alterations, the evaluation committee may reject the proposal submittal as non-responsive.

c. The documents provided by the Proposer in their proposal submittal enable OBAS to evaluate for responsiveness. OBAS reserves the right to ask clarifying questions during evaluation, such as for CUF; however, the answers cannot change or alter the proposal submittal. Should a discrepancy exist between the answer provided and the proposal submittal, the proposal submittal will be considered correct.

3. If, in the further review of RFP Attachment 11, Cost Sheet, a mathematical discrepancy is found, the line amounts for each hourly rate listed in Table 1, Column D will be considered correct and the discrepancy will be adjusted accordingly.

4. If a field within the Cost sheet is left blank, it will be construed as a bid of $0.00.

5. If a field within the Cost Sheet is marked with anything other than a number (i.e. N/A) the bid may be deemed nonresponsive.

6. OBAS will determine the validity of references and signatory authority of winning proposal prior to awarding contract or posting Notice of Intent to Award. OBAS’s determination of a proposal being responsive and responsible will be final.

7. CPPA will appoint an Evaluation Committee of 3-5 State to evaluate and score each proposal in accordance with the Scoring Scale and Evaluation Criteria in Sections V.I and V.J.

a. The scores of all Evaluation Committee members will be averaged to arrive at a final score for each proposal.

8. Cost Evaluation

a. The Cost Proposal shall be worth 30% of the total score. Cost points will be awarded based on how close each Proposer’s cost proposal is to the lowest cost proposal. The following formula will be used for the award of cost points:

% of Points Awarded= [Lowest Proposer’s Cost] / [This Proposer’s Cost] For example:

Cost Proposal A = $100,000; Cost Proposal B = $125,000 $100,000 / $125,000 = 80% 80% of 30 points possible = 24 points for Cost Proposal B Cost Proposal A receives 100% of the 30 points possible

b. Once scores are final, proposals will have applicable preferences and incentives applied as detailed in Section VI.F Preference and Incentive Programs.

c. Sample Final Proposal Tabulation:

Responsive & Responsible?

Small Business (SB)

Technical Proposal Score

Cost Proposal Score

Initial Ranking

SB Preference Points

DVBE Incentive Percentage

DVBE Incentive Points

Adjusted Final Score (including SB and DVBE points)

Final Ranking

9. Nothing in this section will require the awarding of the contract if no proposals are received offering a contract price that, in the opinion of DGS, is a reasonable price.

Award

1. Contract award, if made, will be awarded to the proposal that receives the highest score after the application of preferences and incentives.

2. In the event of a tie, representatives of the State will flip a coin to determine the winning proposal. The coin flip will be witnessed and documented by two (2) or more State employees.

3. A Notice of Intent (NOI) to Award will be posted on the Department of General Services Office of Business and Acquisition Services webpage five (5) working days before the award of the contract. NOIs will be posted on the Award Notifications Resource page at the following link: https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/Award-Notifications.

Protest

1. If a Proposer, prior to the award of agreement, files a notice of protest with DGS/OLS, specifying the grounds that the Protestant was the highest scored Proposer, then the agreement will not be awarded until either the protest has been withdrawn or DGS/OLS has decided the matter.

Within five (5) days after filing the notice of protest, the Protestant will file with DGS a full and complete detailed written statement specifying the grounds for the protest. The notice of protest and the full and complete detailed written statement must be sent to:

Department of General Services, Office of Legal Services (OLS) Attention: Proposal Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Proposal Protest Coordinator’s Email Address: OLSProtests@dgs.ca.gov.

It is suggested that the protest be submitted by certified or registered mail. Any protest must be received within five (5) days from the date of Notice of Intent to Award.

Scoring Scale – Percent of Possible Points The following scale will be used in awarding points for each of the evaluation criteria.

Evaluation Criteria

POINTS POSSIBLE

SCORE

(BxC)

1. Technical Approach Points will be awarded for this criterion based on the degree to which the proposal describes and demonstrates:

1. The technique, approach, and methods for accomplishing the Scope of Work shall meets or exceeds what is outlined in the Scope of Work (Attachment 12).

1. The Proposer’s ability to address factors critical for success, in addition to risks, barriers, and limitations (e.g., loss of key subcontractor).

1. The proposed work is technically feasible and achievable within the proposed Schedule.

1. The Proposer's ability to plan, implement, and reconcile a cost-effective and successful statewide advertising campaigns that reach Californians in the regions outlined in the Proposal Content Requirements Section 2.b and vulnerable populations within those regions.

1. The Proposer’s ability to translate and provide culturally appropriate materials in the languages outlined in the Proposal Content Requirements Section 2.h.

1. The quality of Proposer’s creative samples outlined in the Proposal Content Requirement Section 7.

1. The Proposer has demonstrated their understanding of CPPA mission, Californians right under the CCPA, and how Californians can exercise their rights under the CCPA.

1. Team Qualifications, Capabilities, and Resources Evaluations of ongoing or previous projects including project performance by Proposer and team members will be used in scoring for this criterion. Points will be awarded for this criterion based on the degree to which the proposal describes and demonstrates:

a. The proposed team has appropriate qualifications, experience, and capability to complete the scope of work.

b. The proposed team structure and how various tasks will be managed and coordinated is appropriate and consistent with the qualifications of the team.

c. The infrastructure and resources available that directly support the project are sufficient to accomplish the scope of work.

d. The team’s history of successfully completing projects in the past 5 years.

e. The team’s experience with planning and implementing statewide advertising campaigns that address the various regions outlined in Proposal Content Requirements Section 2.b.

f. The team’s experience developing animation and other video formats for a public education campaign.

g. The team’s experience with developing creative content for radio, TV, digital, and Out-of-home advertising.

h. The team’s demonstrated experience in creating measuring progress, reaching outcomes, and reporting results to clients.

3. Budget and Cost-Effectiveness Points will be awarded for this criterion based on the degree to which the proposal describes and demonstrates:

1. Budget forms are complete for the Proposer and all subcontractors, as described in the Budget instructions.

1. The reasonableness of the requested funds relative to the proposed approach to accomplishing the scope of work.

1. The reasonableness of direct costs (e.g., labor, fringe benefits, equipment, materials & misc. travel, and subcontractors).

1. The reasonableness of indirect costs (e.g., overhead, facility charges (e.g., rent, utilities), burdens, subcontractor profit, and other like costs).

4. Total Proposal Costs:

The following formula will be used for the award of cost points:

% of Points Awarded= [Lowest Proposer’s Cost]/[This Proposer’s Cost]

TOTAL SCORE

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 submittal for which of the programs it qualifies. Denial of those preference or incentive requests is not a basis for rejection of the proposal.

Small Business Preference:

California Government Code (GC) section 14835, et seq., requires a preference be given to Proposers who are California Certified Small Business (SB) or Microbusiness (MB). 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 preference 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 Final Proposal Submittal date. 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 To claim the Small Business Preference please see Attachment 3, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may qualify the Proposer for a SB preference. A business that is performing a commercially useful function is one that does ALL of the following:

· Is responsible for execution of a distinct element of the work of the contract;

· Carries out its obligation by actually performing, managing, or supervising the work involved;

· Performs work that is normal for its business, services and function;

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

· 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.

Non-Small Business Subcontractor Preference:

A preference 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 Non-Small Business Subcontractor Preference please see Attachment 3, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may be used to qualify the Proposer for the Non-Small Business Subcontractor Preference. A business that is performing a commercially useful function is one that does ALL of the following:

· Is responsible for execution of a distinct element of the work of the contract;

· Carries out its obligation by actually performing, managing, or supervising the work involved;

· Performs work that is normal for its business, services and function;

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

· 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.

Disabled Veteran Business Enterprise Incentive:

There is a 3% DVBE participation minimum requirement for this contract. Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to Proposers who provide additional (more than the minimum requirement of 3%) DVBE participation on the contract.

The DVBE Incentive is as follows:

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).

a. Certified DVBE Proposer additional incentive considerations:

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

ii) Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-105).

iii) At the State’s option a DVBE Proposer working in combination with other DVBE(s) will submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105). When requested, the written confirmation must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for proposal rejection.

b. Non-DVBE Proposer additional incentive considerations:

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

ii) Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-105).

iii) At the State’s option prior to contract award, a Proposer is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105). The RFP Acquisitions Analyst named in the solicitation may contact each listed DVBE, by mail, email, fax or telephone, for verification of the Proposer’s submitted DVBE information. When requested, the document(s) must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for proposal rejection.

c. NOTE: Pursuant to Military and Veterans Code section 995.5, only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may qualify the Proposer or be used to qualify the Proposer for a DVBE…