RFP.C24550018.Sound_Regulation.pdf

REQUEST FOR PROPOSALS

No. C24550018

Department of Parks and Recration Off-Highway Motor Vehicle Recreation Division Statewide Sound Regulation and Enforcement

Training

February 2025

Table of Contents

SECTION PAGE

1.0 Project Purpose

1.1 Purpose

1.2 RFP Issuing Office

2.0 Scope of Services, Minimum requirements, and Project Deliverables

2.1 Scope of Services

2.2 Minimum requirements

2.3 Project Deliverables

3.0 Minimum Qualifications for Proposers

3.1 Professional Qualifications of Team Personnel

4.0 Proposal Submission Deadline and Delivery

4.1 Proposal Submission Deadline and Delivery

4.2 Proposal Format and Requirements

4.3 Submission of Proposal

4.4 Proposal General Information

4.5 Proposer’s Experience and References

4.6 Detailed Work Plan and Work Schedule Requirements

4.7 Cost Proposal Detail, Format and Requirements

4.8 Small Business Preference

4.9 Non-Small Business Preference

4.10 Darfur Contracting Act

4.11 DVBE Incentive Program

5.0 Evaluation Process

5.1 Proposal Opening

5.2 False or Misleading Statements

5.3 Proposal Evaluation

5.4 Proposal Scoring Criteria

6.0 Notice of Proposed Award and Protest

6.1 Notice of Proposed Award

6.2 Protest

7.0 Agreement Execution and Performance

7.1 Award of Agreement

7.2 Agreement

7.3 Performance Period

7.4 Changes in Personnel

8.0 Key Action Dates

8.0 Key Action Dates

ATTACHMENTS

Attachment A: Required Proposal Documentation

1. Required Attachment Checklist

2. Contractor Certification Clauses (CCC) 04/2017

3. Darfur Contracting Act

4. DGS OLS4 Unruh Act

5. Bidders DVBE Participation

6. DPR 87

7. DPR 87A

8. Iran Contracting Act Verification Form

9. Russia Economic Sanctions

10. Generative Artificial Intelligence (GenAI) Reporting

11. STD204 and DPR88

12. California Civil Rights Laws Attachment

13. Cost Proposal

14. Proposal Certification Sheet

15. Proposers References

Attachment B: Sample Documents

1. Std213

2. Exhibit A (DPR603)

3. Exhibit B (DPR604)

4. Exhibit D (DPR605)

Attachment C: Cost Proposal and travel worksheets https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=ccc https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=ccc https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=ccc

1.0 PROJECT PURPOSE

1.1 Purpose:

The State of California, Department of Parks and Recreation (DPR) is seeking a contractor to provide sound regulation and enforcement training to off-highway vehicle (OHV) law enforcement officers and volunteers needed to enforce the OHV sound regulations contained in Assembly Bill 2274. The sound regulation and enforcement training may occur within the following nine (9) State Vehicular Recreation Areas (SVRAs): Prairie City SVRA, Carnegie SVRA, Hollister Hills SVRA, Oceano Dunes SVRA, Hungry Valley SVRA, Ocotillo Wells SVRA, Clay Pit SVRA, Heber Dunes SVRA, Eastern Kern County Onyx Ranch SVRA and partnering agencies throughout California depending upon law enforcement and volunteer training needs.

With the increase of motorized off-highway recreational use, sound is one of the most contentious issues in OHV recreation. Assembly Bill (AB) 2274 was signed into law in 2002 which established California Vehicle Code (CVC) 38370 (h). CVC 38370 (h) lowered the sound levels of most OHV motorcycles and all-terrain vehicles (ATV) from 101 dBA to 96 dBA. In order to enforce CVC 38370 (h), the Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation (OHMVR) Division, must train peace officers in California (including State Park Rangers, Bureau of Land Management Rangers, United States Forest Service Law Enforcement Officers, and local county deputy sheriffs) to conduct specific tests before they can enforce this law. The training teaches the specialized skills these peace officers need to learn to be able to test OHVs objectively and issue citations that can be defended in a court of law.

1.2 RFP Issuing Office

1.2.1 This RFP is issued by the Department of Parks and Recreation, OHMVR Division.

1.2.2 This office is the sole point of contact in the State for the purpose of discussion regarding this RFP.

1.2.3 Proposers may obtain a copy of this RFP and addendums, if any, by downloading it from the Department of General Services’ (DGS) website at https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx. Enter the Event ID number into the Event ID field and click the “Search” button. Next click on the name of the RFP, which will open the Event Details page. Click on “View Event Package.”

Next click on the “View” button for the RFP and any other attachments to download.

Department of Parks and Recreation Sound Regulation Enforcement Training

C24550018 https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

1.2.4 DPR reserves the right to amend the RFP prior to the deadline for submission of Proposals. Notice of such amendments, if any, will be in the form of written Addendum. All Addendums become part of the

RFP.

1.2.5 All notices, clarifications and addenda to this RFP shall be posted on the above DGS website (1.2.3). It is the proposing Contractors’ responsibility to monitor this website for all information regarding this RFP. DPR is not responsible for sending individual notifications of changes or updates. It is the sole responsibility of the proposing Contractors to remain apprised of changes to this RFP.

1.2.6 All questions concerning this RFP shall be submitted in writing by e-mail to OHMVR.Contracts@parks.ca.gov by 10 a.m., Thursday, February 13, 2025. Indicate the RFP number and title in the subject line. Contact with DPR shall be made only through e-mail; telephone calls shall not be accepted.

Should answers to questions amend this RFP, DPR shall issue an Addendum.

1.2.7 No verbal information given will be binding upon the State unless such information is issued in writing as an Addendum to this RFP.

2.0 SCOPE OF SERVICES

2.1 Scope of Services

2.1.1 Contractor shall provide sound level regulation and law enforcement training to assist officers in enforcement of California Vehicle Code 38370 and ensure compliance with Public Resource Code 5090.32(k) requirement for enforcement of OHV Laws. This training will allow statewide peace officers to conduct standardized testing procedures in the field and enforce the law including issuing citations and providing court testimony. Training must include lecture on sound waves, amplitudes and frequencies, loudness and pitch, sound quality, human hearing physiology, environmental effects of sound, off-highway vehicle sound sources, and off-highway vehicle sound testing procedures necessary to enforce the law. The sound regulation and enforcement training may occur within the following nine (9) State Vehicular Recreation Areas (SVRAs): Prairie City SVRA, Carnegie SVRA, Hollister Hills SVRA, Oceano Dunes SVRA, Hungry Valley SVRA, Ocotillo Wells SVRA, Clay Pit SVRA, Heber Dunes SVRA, Eastern Kern County Onyx Ranch SVRA and partnering agencies throughout California depending upon law enforcement and volunteer training needs.

Department of Parks and Recreation Sound Regulation Enforcement Training

C24550018

2.1.2 Contractor shall be selected and designated to perform services for a term not to exceed three (3) years unless a formal extension of the term of the Agreement is authorized by DPR and issued in the form of an Agreement Amendment. The Agreement may be amended with mutual consent of the parties for an additional year of service at the same rates.

2.2 Minimum Requirements

2.2.1 Proposers shall:

a. The Contractor will demonstrate experience and ability to work effectively with California State parks in compliance with California Public Resources Codes (PRC) associated with Law Enforcement (LE) and ambient sound level monitoring.

b. The Contractor will demonstrate knowledge and expertise relating to Society of Automotive Engineers (SAE), Inc. Surface Vehicle Standard SAE-J1287-200805 and related SAE standards for the Surface Vehicle Standard.

c. Show ability to provide all necessary staffing, equipment, and materials for each type of training session.

d. Provide a minimum of three (3) references, with name and contact information for the clients for whom the Proposer performed similar work that is described in this RFP.

2.3 Project Deliverables

2.3.1 Contractor shall provide classroom and practical hands on training in the field as outlined below:

Conduct up to ten (10) law enforcement and ten (10) volunteer training sessions each year at any nine (9) SVRAs and partnering agencies throughout California depending upon law enforcement and volunteer training needs. Provide both classroom and practical noise regulation training. The average session size ranges from six

(6) to thirty (30) students.

It is anticipated there will be minimum of two (2) annual law enforcement/volunteer training sessions to take place at any SVRA’s listed or other training locations. We do not know which locations at this time but historically it has been the first six (6) listed.

Department of Parks and Recreation Sound Regulation Enforcement Training

Classroom training:

a. Conduct up to ten (10) law enforcement and ten (10) volunteer training sessions each year.

1) Each law enforcement training class will include both a four-hour classroom lecture and examination and a two- hour practical field training and evaluation for a six-hour one day session.

2) Each volunteer technical inspector training class will include a six-hour lecture with practical field training and evaluation for a six-hour one day session.

b. Provide classroom and practical noise regulation training.

c. Sound basics, waves, amplitudes and frequencies, loudness and pitch, sound quality.

d. How the ear works.

e. How we hear sound.

f. Effects on sound of trees, wind, distance, etc. OHV sound, sound sources in a motorcycle/all-terrain vehicle (ATV).

How loud is sound? What is a decibel? What is noise?

g. OHV Sound testing.

1) Three kinds of tests – certification tests, in-use or operational tests, screening tests.

2) How they compare.

h. Written Examination.

2.3.2 Field Practical Training:

a. How to test motorcycles, ATV's, snowmobiles, and Recreational Off-road Vehicle’s (ROV’s) - practical use of sound meters, tachometer, and rpm data under field conditions using a variety of OHV's and exhaust systems.

b. Contractor to provide a variety of (minimum of two) OHV exhaust systems for comparison and testing.

c. Students to show proficiency in testing variety of OHV’s (Practical evaluation by instructor).

3.0 MINIMUM QUALIFICATIONS FOR PROPOSERS

3.1 Professional Qualifications of Team Personnel

3.1.1 Proposer shall:

A. Include a duty statement and resume of each key person, by name and title with related experience, qualifications and knowledge who will be

Department of Parks and Recreation Sound Regulation Enforcement Training involved in the work proposed under this RFP. Details of their roles in past training should be provided.

B. If subcontractors are being considered, include a description of those persons and/or firms, including descriptions of their qualifications. Also identify the percentage of funds and work to be performed by these contractors.

4.0 PROPOSAL SUBMISSION DEADLINE AND DELIVERY, REQUIREMENTS AND GENERAL

INFORMATION

4.1 Proposal Submission Deadline and Delivery:

4.1.1 Deadline: Bids must be submitted electronically with all necessary fully executed bid submission documents as an attachment in PortableDocument Format (PDF) to ohmvr.contracts@parks.ca.gov no later than 2 p.m., Thursday, February 20,2025. Bid submission time will be as of the electronic time stamp associated when the electronic email submission was received. Submissions with attached PDF documents in excess of 10 Megabytes in size risk being rejected and can be deemed unresponsive. DPR will provide an electronic email response confirming receipt of each submission received. If a confirmation receipt is not received within 30-minutes of submission, please contact Amy Woodhull at the email address above to confirm your bid was received. Confirmation receipt is not a representation by DPR that the submitted bid is responsive and complete. Bidders are responsible for ensuring that the electronic submission contains the attachment, is fully responsive and lacks any deficiency prior to submitting to the email address above. Failure to do so risks the bid being deemed unresponsive. It is recommended that Bidders submit bids at least an hour in advance of the bid submission deadline to allow for confirmation of bid submissions. Bids will be opened publicly over conference-call at 2:00 PM, Thursday, February 20, 2025. Individuals interested in calling into the Bid Opening must send their request to ohmvr.contracts@parks.ca.gov to receive a conference participation access code. Please ensure the request for conference -call access is submitted 24-hours in advance to allow DPR adequate time to accommodate all Bidders.Proposals received after the Deadline shall not be considered. Proposing firms are solely responsible for ensuring timely receipt of their Proposals.

4.1.2 If the proposal is made under a fictitious name or business title, the actual legal name of Proposer must be provided.

Department of Parks and Recreation Sound Regulation Enforcement Training

C24550018 mailto:Traci.Fortier@parks.ca.gov

4.2 Proposal Format and Requirements

The requirements of this Section are mandatory and failure to comply completely shall deem your proposal nonresponsive, except DPR reserves the right to waive any non-material deviation. A non-responsive proposal is one that does not meet the basic proposal requirements.

4.2.1 The following format is required for all proposals:

a. To facilitate DPR’s evaluation, it is requested that all written proposals be submitted in the sequence as presented in subparagraph 4.3.1 below.

b. Proposals will be typed, the pages sequentially numbered, and preceded by a Table of Contents.

c. Proposal will provide straightforward and concise descriptions of Proposer’s ability to satisfy the requirements of this RFP.

Proposal shall be complete and accurate. Omissions, inaccuracies, or misstatements may be cause for rejection of a proposal.

4.3 Submission of Proposal:

4.3.1 Proposal shall be typed with pages sequentially numbered and submitted in one (1) proposal book in the following sequence:

Cover Table of Contents Required Attachment Checklist (Attachment A.1) Proposal/Proposer Certification Sheet (Attachment A.2) Proposer’s Experience Proposer’s References (Attachment A.4) Work Plan Work Schedule Cost Proposal (Example, Attachment A.3) Non-Small Business Preference Documentation, if claiming the preference. (Refer to 4.9 below).

Darfur Contracting Act (DPR 74) DVBE Incentive Program Documentation, if claiming incentive.

(refer to Attachments B.2 above).

4.3.2 Proposal must be submitted via email by Deadline (refer to paragraph 4.1.1.) Proposals received after the Deadline will not be considered.

4.3.3 All documents contained in the original proposal package shall have original signatures and shall be signed by a person authorized

Department of Parks and Recreation Sound Regulation Enforcement Training to bind the proposing firm.

4.3.4 An individual who is authorized to bind the proposing firm contractually shall sign Attachment A.2, “Proposal/Proposer Certification Sheet”. The signature shall indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

4.3.6 Proposals shall include the documents identified in Attachment A.1, “Required Attachment Documentation Checklist”. Proposals not including the proper “required attachments” shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

4.4 Proposal General Information

4.4.1 Proprietary or confidential information is not to be submitted in or with the proposals. Proposals become the property of DPR upon receipt and will not be returned to Proposing firms, except as described below in Paragraph 4.4.5. DPR shall have full rights of ownership of the Proposal and all deliverables submitted under the Agreement as a result of this RFP.

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

4.4.3 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.

DPR may reject any or all proposals and may waive an immaterial deviation in a proposal. DPR's waiver of an immaterial deviation shall in no way modify the RFP document or excuse the Proposer from full compliance with all requirements if awarded the agreement.

4.4.4 Costs incurred for developing proposals and in anticipation of award of the agreement are entirely the responsibility of the Proposer and shall not be charged to DPR or the State of California.

4.4.5 A Proposer may withdraw its proposal by submitting a written withdrawal request to DPR, signed by the Proposer or an authorized agent in accordance with 4.5.6 below. A Proposer may thereafter submit a new proposal prior to the proposal submission deadline.

Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

Department of Parks and Recreation Sound Regulation Enforcement Training

4.4.6 Proposer may modify a proposal after its submission by withdrawing its original proposal, per Paragraph 4.4.5 above, and resubmitting a new proposal prior to the proposal submission deadline as set forth in the 4.1.1 above. Proposal modifications offered in any other manner, oral or written, shall not be considered.

4.4.7 DPR may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum posted on the Cal eProcure website as described in section 1.2.3 above.

4.4.8 DPR reserves the right to reject all proposals and is not required to award an agreement.

4.4.9 Before submitting a response to this solicitation, bidders shall review, correct all errors, and confirm compliance with the RFP requirements.

4.4.10 More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered.

4.4.11 DPR does not accept alternate agreement language. A proposal with such language will be considered a counter proposal and will be rejected. DPR’s General Terms and Conditions (GTC), Contractor Certification Clauses (CCC) and Standard Agreement (STD 213) and Exhibit language are not negotiable. The GTC and CCC language can be viewed and downloaded at:

https://www.dgs.ca.gov/OLS/Resources/Page-Contnt/Office-of- Legal-Services-Resources-List-Folder/Standard-Contract- Language. See Attachment C, Sample Agreement Forms for Agreement and Exhibit Language.

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

4.4.13 Where applicable, Proposer shall carefully examine work site(s) and the scope of work. No additions or increases to the Agreement amount will be made due to a lack of careful examination of work sites and the scope of work.

4.5 Proposer's Experience and References

Note: Address each item below clearly and succinctly, as these will be used to score your proposal (See Paragraph 5.4, Proposal Scoring Criteria).

Proposers shall furnish background and reference requirements as listed below in order to achieve the total available points. Failure to furnish a listed requirement will result in zero (0) points per criterion.

Department of Parks and Recreation Sound Regulation Enforcement Training

C24550018 https://www.dgs.ca.gov/OLS/Resources/Page-Contnt/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Contnt/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Contnt/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

4.5.1 See 3.0 Minimum Qualifications for description of the following minimum proposal requirements:

a. List professional qualifications of team personnel and provide resumes,

b. Proposer’s background and qualifications,

c. If proposed, provide information regarding the partnership and list of joint projects.

4.5.2 Contact Information: Provide direct contact information for at least three references, include:

Name of company or agency, Contact person for questions about your performance, Telephone number for company or agency, Telephone number for contact person, . Address of company or agency, Goal of project, Final cost of project, and Whether or not project was successful.

Two (2) references will be contacted for information about Proposer’s performance with regard to project performance, outcomes, adherence to schedule, management, and administration.

4.6 Detailed Work Plan and Work Schedule Requirements – Complete as required, following are examples.

4.6.1 Detailed Work Approach (Methodology): The Proposer shall develop a detailed work plan or schedule for task completion.

a. Identify the specific tasks that demonstrate how Proposer’s firm will achieve the scope and objectives identified herein.

b. Identify each major task, necessary subtask, and/or specific milestones by which progress can be measured and payments made.

c. Activities: Discuss each of the activities (including meetings and outreach) you will conduct to achieve the scope, schedule and objectives defined and identified.

Department of Parks and Recreation Sound Regulation Enforcement Training

d. Project Personnel: List all personnel who will be working on the project and their titles and job descriptions.

e. Commitment: Describe how your firm and key personnel will be committed to this project to ensure successful completion within the project timeframe. Points will be awarded based upon the level of commitment made, and reasonableness of proposed performance you outline.

4.7 Cost Proposal Detail, Format and Requirements

Information requested in this section is required to support the reasonableness of your quotation. The cost data, including all applicable taxes and other expenses, shall be submitted along with your technical (written) proposal.

4.7.1 Proposers must use the Cost Proposal Worksheet (Attachment A.3). A list of supplies with cost and quantity must be provided.

4.8 Small Business Preference

4.8.1 A five percent (5%) preference shall be granted to proposing firms approved by the State of California as "Small Business" in accordance with Title 2, California Code of Regulations, Section 1896, et seq. Applications shall be on file at the Department of General Services, Small Business and DVBE Certification, 707 Third Street, First Floor, Room 400, West Sacramento, California 95605, by 5 p.m. on the day proposals are due.

Indicate in Proposal whether or not your firm is claiming preferences as a certified small business. See Proposal/Contractor Certification Sheet, Attachment A.2, number 14.a.

4.9 Non-Small Business Preference

4.9.1 A five percent (5%) bid preference is available to non-small business proposing firms claiming twenty-five percent (25%) State of California certified small business subcontractor participation. If claiming the non-small business subcontractor preference, your proposal shall include a list of the small business firms with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one or more certified small businesses. Each listed certified small business shall perform a “commercially useful function” in the performance of the Agreement as defined in Government Code Section 14837(d)(4). See Proposal/Proposer Certification Sheet

Department of Parks and Recreation Sound Regulation Enforcement Training number 15 to indicate whether or not you are claiming the non-small business preference.

4.9.2 Each listed certified small business shall perform a

“commercially useful function” in the performance of the Agreement as defined in Government Code Section 14837 (d)(4).

4.9.3 If claiming the non-small business subcontractor preference, Proposer shall include in its Proposal the completed form titled Small Business Subcontractor Participation Worksheet, Form DPR 85 (located behind the Small Business Notice) to provide a list of the small business firms with which Proposer commits to subcontract.

4.9.4 Completed certification applications and required support documents shall be submitted to the office of Small Business and DVBE Certification (OSDC) no later than 5 p.m. on the bid due date, and the OSDC shall be able to approve the application as submitted.

Questions regarding certification should be directed to the OSDC at

(916) 375-4940.

4.10 Darfur Contracting Act

4.10.1 Effective January 1, 2009, all solicitations 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 African Nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

4.10.2 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)).

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

4.10.4 A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the

Department of Parks and Recreation Sound Regulation Enforcement Training company first obtains permission from the Department of General Service (DGS) according to the criteria set forth in Public Contract Code section 10477(b).

4.11 DVBE Incentive Program

4.11.1 DVBE incentive: For evaluation purposes only, an incentive will be given to responsive and responsible bidders who attain a .01% DVBE participation or higher. See Attachment B.2, DVBE Incentive Program. DVBE requirements have been waived for this solicitation.

5.0 EVALUATION PROCESS

5.1 Proposal Opening

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

5.1.2 Upon proposal opening, all documents submitted in response to this RFP will become the property of DPR 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.

5.2 False or Misleading Statements

5.2.1 Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the Proposer, may be rejected.

5.3 Proposal Evaluation

5.3.1 Each eligible Proposal will be evaluated by an Evaluation Committee comprised of three (3) or more DPR staff members. Proposals that meet the minimum qualifications will be evaluated according to the criteria indicated in Section 5.4 below. Proposals that do not meet all Minimum Qualifications will be considered non-responsive.

5.3.2 A minimum of sixty (60) points for the combined score of Technical Merit - Experience and Qualifications (Section B) and Cost Proposal (Section C) must be achieved to be considered responsive.

Department of Parks and Recreation Sound Regulation Enforcement Training

5.4 Proposal Scoring Criteria

5.4.1 Information submitted in the written proposal must support items marked in the following sections. Where information submitted in written proposal is in disagreement with or does not support items marked in these sections, the information submitted in written proposal will take precedence.

DVBE Incentive Program Yes/No

Certified Small Business Preference Yes/No

A. Minimum Qualifications

1 Include a duty statement and resume of each key person, qualifications and knowledge who will be involved in the work proposed under this RFP. Yes/No

If subcontractors are being considered, include a description of those persons and/or firms, including descriptions of their qualifications. Also identify the percentage of funds and work to be performed by these contractors.

Yes/No

B. Technical Merit Points Awarded

1 Applied experience in conducting requested classroom and field training services

10 or more years - 10 pts

Five to nine years - 5 pts

Less than five years - 0 pts

2 Experience in providing classroom training for law enforcement

10 or more years - 10 pts

Five to nine years - 5 pts

Less than five years - 0 pts

3 Experience in providing field practical training for law enforcement

10 or more years - 10 pts

Five to nine years - 5 pts

Less than five years - 0 pts

4 Experience in providing classroom and field practical training for volunteer technical inspectors

10 or more years - 10 pts

Five to nine years - 5 pts

Less than five years - 0 pts

Contractor demonstrated knowledge and expertise relating to Society of Automotive Engineers (SEA), Inc.

Surface Vehicle Stanard SAE-J1287-200805 and related SAE standars for the Surface Vehicle Standard.

10 or more years - 10 pts

Five to nine years - 5 pts

Less than five years - 0 pts

The contract demonstrated experience and ability to work effectively with California State Parks in compliance with California Public Resource Code (PRC) associated with LE ambient sound level monitoring.

10 or more years - 10 pts

Five to nine years - 5 pts

Less than five years - 0 pts

Total Technical 60 pts

Cost Proposal - points awarded based on calculation (Lowest Cost Proposal/Other Cost Proposal) x 25 points = Other Cost Proposal Score

NOTE: Respondent’s bid for the services described in the Scope of

Work does not influence score, however bids will be vetted to ensure they are consistent with industry norms.

Department of Parks and Recreation Sound Regulation Enforcement Training

6.0 NOTICE OF PROPOSED AWARD AND PROTEST

6.1 Notice of Proposed Award

6.1.1 Notice of the proposed award shall be posted for five (5) working days prior to awarding the agreement in a public place in the office of:

Department of Parks and Recreation Off-Highway Motor Vehicle Recreation Division 4940 Lang Ave Dock H McCllelan CA 95652

6.2 Protest

6.2.1 If any Proposer, prior to the award of agreement, files a protest with the

A. Department of Parks and Recreation Administrative Services Division Manager, Contract and Facility Services 1416 Ninth Street, Post Office Box 942896 Sacramento, CA, 94296-0001

B. Department of General Services Office of Legal Services 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Bid Protest Coordinator Email address:

OLSProtests@dgs.ca.gov on the grounds that the protesting Proposer would have been awarded the agreement had DPR correctly applied the evaluation

TOTAL SCORE FOR TECHNICAL MERIT 60

C. Cost Proposal Contract price submitted by Proposer compared to the costs submitted by other Proposers. Lowest cost proposal will receive the total number of points possible. Other proposals will be rated proportionately as follows:

Lowest Fee x 25 Points = Proposer’s Score Proposer’s Fee

TOTAL SCORE FOR TECHNICAL MERIT AND COST PROPOSAL (B+C)

(BASIS OF AWARD)

Department of Parks and Recreation Sound Regulation Enforcement Training

C24550018 mailto:OLSProtests@dgs.ca.gov standard in the RFP, or if DPR 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.

6.2.2 Within five (5) days after filing the initial protest, the protesting Proposer shall file with the Department of General Services, Office of Legal Services and DPR a detailed statement specifying the grounds for the protest.

6.2.3 Upon resolution of the protest and award of the agreement, Contractor shall complete and submit to DPR 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:

https://www.dgs.ca.gov/Resources/SAM/TOC/8400/8422-190 under the heading FORMS SEARCH. No payment shall be made unless a completed STD 204 has been returned to DPR.

6.2.4 Upon resolution of the protest and award of the agreement, Contractor shall sign and submit to DPR, page one (1) of the Contractor Certification Clauses (CCC), 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?search=ccc

7.0 AGREEMENT EXECUTION AND PERFORMANCE

7.1 Award of Agreement

7.1.1 DPR shall endeavor to make the agreement award resulting from this RFP, if an award is made, within thirty (30) days of the deadline for receipt of proposals, and after posting the public Notice of Intent to Award per “6.1 Notice of Proposed Award”.

7.1.2 The Agreement, if awarded, shall be subject to approval by DPR’s control agency and shall not be binding on DPR or Contractor until approved by such agency.

7.2 Agreement

7.2.1 Contractor will be required to execute a contractual Standard Agreement (Form STD 213) which shall include the terms and conditions of the RFP and the successful Contractor’s Proposal.

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C24550018 https://www.dgs.ca.gov/Resources/SAM/TOC/8400/8422-190 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=ccc https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=ccc https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=ccc

(Refer to RFP Attachment C for sample of the Standard Agreement and Exhibits.)

7.2.2 Alternative or revised contract language shall not be accepted by DPR. Read and review the Attachment C Sample Agreement carefully. If for any reason, Contractor cannot execute the Agreement as written, Contractor should not submit its proposal.

7.2.3 Contractor shall execute the required number of copies of the Agreement and ancillary documents and return all required documents, including current Insurance Certificates reflecting all coverage’s and endorsements per Exhibit D – Special Terms and Conditions, Section 1, Insurance Requirements (see RFP Attachment C, Sample Agreement Forms), within seven (7) calendar days, after Contractor’s receipt of said documents.

7.3 Performance Period

7.3.1 The term of the Agreement awarded from this RFP, if an award is made, will be up to three (3) years. The Agreement may be amended with mutual consent of the parties for an additional year of service at the same rates or funds should services be required.

7.3.2 Should Contractor fail to commence work at the agreed upon time DPR reserves the right to terminate the Agreement, upon five (5) days written notice to Contractor. In addition, Contractor shall be liable to DPR for the difference between Contractor’s Proposal price and the actual cost of performing work by another contractor.

7.3.3 If performance of Contractor is deemed unsatisfactory by DPR’s State Representative, DPR may, without prejudice to any other rights or remedies, terminate the Agreement pursuant to Exhibit C-General Terms and Conditions (GTC). Refer to Attachment C, Sample Agreement Forms.

7.4 Changes in Personnel

Contractor's key personnel as indicated in Contractor's response to the RFP may not be substituted without the written consent of DPR’s State’s Representative.

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8.0 KEY ACTION DATES

KEY ACTION DATES

EVENT DATE TIME

RFP available to prospective bidders 02/04/2025

Questions Due via Email 02/13/2025 10:00 AM

Answers 02/16/2025

Final Date for Proposal Submission 02/20/2025 2:00 PM

Proposal Opening 02/20/2025 2:00 PM

Proposal Notice of Intent to Award 02/20/2025

Proposal Award Date 02/26/2025

Anticipated Contract Start Date 05/01/2025

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ATTACHMENT A

Required Proposal Documentation

1. Required Attachment Checklist

2. Contractor Certification Clauses (CCC) 04/2017

3. Darfur Contracting Act

4. DGS OLS4 Unruh Act

5. Bidders DVBE Participation

6. DPR 87

7. DPR 87A

8. Iran Contracting Act Verification Form

9. Russia Economic Sanctions

10. Generative Artificial Intelligence (GenAI) Reporting

11. STD204 and DPR88

12. California Civil Rights Laws Attachment

13. Cost Proposal

14. Proposal Certification Sheet

15. Proposers References

The above listed documentation shall be included in Contractor’s Proposal.

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Required Attachment Checklist

A complete proposal or proposal package shall consist of the items identified below. Place this checklist behind your proposal Table of Contents with all the other required documentation to ensure responsiveness to this RFP.

Document

1. Required Attachment Check List (this document)

2. Contractor Certification Clauses (CCC) 04/2017

3. Darfur Contracting Act

4. DGS OLS4 Unruh Act

5. Bidders DVBE Participation

6. DPR 87

7. DPR 87A

8. Iran Contracting Act Verification Form

9. Russia Economic Sanctions

10. Generative Artificial Intelligence (GenAI) Reporting

11. STD204 and DPR88

12. California Civil Rights Laws Attachment

13. Cost Proposal

14. Proposal Certification Sheet

15. Proposers References

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Contractor/Bidder Firm Name (Printed) Federal ID Number

Date Executed Executed in the County of

Contractor Certification Clauses

CCC 04/2017

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

By (Authorized Signature)

Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and, Department of Parks and Recreation Sound Regulation Enforcement Training

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO

REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably

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C24550018 http://www.dir.ca.gov/ required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and

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Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

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Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective…