RFP_FTB-2425-00232-001_Addm_1_11.15.2024.docx

Franchise Tax Board RFP#: RFP FTB-2425-00232-001 Addendum 1 Request for Proposal (RFP) Exhibit H: Contractor’s Staff Resumes

REQUEST FOR PROPOSAL (RFP)

Notice To Prospective Proposers

California Earned Income Tax Credit (CalEITC) Advertising Campaign # RFP FTB-2425-00232-001 Addendum 1 November 15, 2024 You are invited to review and respond to the California Franchise Tax Board’s (FTB), Secondary Request for Proposal (RFP), entitled “California EITC Advertising Campaign,” Bid Log Number # RFP FTB-2425-00232-001.The Franchise Tax Board requests that in submission of your Proposal, you comply with the following instructions:

Note that all Agreements entered into with the State of California will include by reference the State’s General Terms and Conditions (GTC 04/2017) which may be viewed and downloaded at the Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language. If you do not have internet access, a hard copy can be provided by contacting the person listed below.

Please note that for purposes of this solicitation, a Mandatory Disabled Veteran Business Enterprises (DVBE) Participation of three percent (3%) is required.

In the opinion of the Franchise Tax Board, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this RFP is:

TaNita Guereca Procurement Official California Franchise Tax Board Phone: (916) 845-7199 E-mail: TaNita.Guereca@ftb.ca.gov Please note that no verbal information given will be binding upon the Franchise Tax Board unless such information is issued in writing as an official addendum.

Proposals must be submitted electronically by email in accordance with Section B.1: Proposal Submission Instructions.

Notice to Prospective Proposers

TABLE OF CONTENTS

SECTION A: INTRODUCTION

A.1. PURPOSE AND DESCRIPTION OF SERVICES

The purpose of this Request for Proposal (hereinafter referred to as “RFP”) is to solicit proposals from qualified vendors (hereinafter referred to as “Proposer,” “Vendor,” or “Contractor”) to provide the Franchise Tax Board (hereinafter referred to as “FTB” or the “State”) with creative design and advertising services (hereinafter referred to as “California EITC Advertising Campaign”) to raise awareness and encourage eligible Californians to take advantage of important resources, including California’s Earned Income Tax Credit CalEITC, Young Child Tax Credit (YCTC), Foster Youth Tax Credit (FYTC), MyFTB, CalFile, Direct File, and Volunteer Income Tax Assistance (VITA). The awarded Contractor will be responsible for developing creative content, developing an advertising plan, securing advertising placements in various traditional and digital media formats, and proposing additional advertising opportunities that align with FTB’s goals as detailed in Exhibit A: Scope of Work.

The anticipated term of the contract is mid-December 2024 (or Upon Award) through June 30, 2025. FTB anticipates a total contract budget amount of $140,000.00.

A.2. KEY ACTION DATES

All Proposers submitting proposals are hereby advised of the following schedule and will be expected to adhere to the required dates and times:

TABLE 1: Key Action Dates

by 5:00PM Pacific Time (PT) (via email only)

by 5:00PM PT (via email only)

*This date is subject to change without notice or addendum to this RFP.

1The Notice of Intent to Award shall be published on Cal eProcure in the same location as the solicitation was published: Bid opportunities in the California State Contracts Register (CSCR).

SECTION B: PROPOSAL DELIVERY AND ADMINISTRATIVE CHECKLIST

B.1. PROPOSAL SUBMISSION INSTRUCTIONS

Proposers are required to submit an electronic bid response to the following e-mail address: TaNita.Guereca@ftb.ca.gov with a Cc to Sheri.Birkmaier@ftb.ca.gov by the due date and time identified in Section A.2 Key Action Dates of this solicitation. Proposals not received by the due date and time specified, will be rejected. Please maintain a record of your e-mailed response as proof of timely submittal. E-mailed RFP responses will be opened and reviewed during the evaluation phase; cost proposals are not announced or publicly read.

The subject line should read: “RFP FTB-2425-00232-001 (Your Company’s Name)”.

Proposals are to be sent electronically to the following addresses:

TaNita.Guereca@ftb.ca.gov and Sheri.Birkmaier@ftb.ca.govSheri.Birkamier@ftb.ca.gov

B.1.1. EMAILED RFP RESPONSES

The State reserves the right to consider authorized emailed RFP responses as properly “sealed” if received prior to the due date and time specified. Authorized emailed RFP responses will be considered only if they are sent to the email addresses listed in Section B.1 Proposal Submission Instructions above. RFP responses sent to any other email address (unless otherwise specified) will not be considered. To be considered, all pages of an emailed RFP response must be completely received prior to the RFP response due date and time specified in this RFP.

Proposals should include the following information on the cover page of the proposal:

Company Name Company Address RFP Title: California EITC Advertising Campaign Solicitation # RFP FTB-2425-00232-001 Note: It is the Proposer’s responsibility to provide all necessary information in the required format. Proposal email submission must include two (2) separate files: File #1) Attachment should include all Non-Cost documents of the proposal response; File #2) Attachment should include a cover page followed by a completed RFP Cost Proposal Worksheet provided in Section D.4 Cost Requirements.

B.2. ADMINISTRATIVE REQUIREMENTS CHECKLIST

A complete proposal package will consist of the items identified below. Complete this checklist to confirm the items included in your proposal package. Place an “X” in the “Yes” box next to each item that you are submitting to the State. A complete proposal package will consist of a completed Administrative Requirements Checklist, the Proposal, and the Attachments indicated below. For your proposal to be responsive, all required attachments/documents must be returned to the State. Items notated with an asterisk are required, if applicable. This checklist should be returned with your proposal package. An incomplete package may be considered non-responsive and may not move to the next phase.

TABLE 2: Administrative Requirements Checklist

* If applicable

Request for Proposal (RFP)

SECTION C: STANDARD CONDITIONS

PROPOSER RESPONSBILITY

If a prospective Proposer expects to be afforded the benefits of the steps included in this RFP, the prospective Proposer must take responsibility to:

· Carefully read the entire RFP.

· If clarification is necessary, ask the appropriate questions in a timely manner.

· Submit all required responses by the required dates and times.

· Make sure that all procedures and requirements of the RFP are accurately followed and appropriately addressed.

· Carefully reread the entire RFP before submitting a proposal.

RFP ADDENDA

If revision of any part of this RFP becomes necessary, or if additional data is necessary to clarify any of its provisions, an addendum will be issued to prospective Proposers. FTB reserves the right to amend, alter or change the RFP at any time prior to the deadline for submission of proposals.

WRITTEN QUESTIONS

Every attempt has been made to produce complete specifications for this service. Should the Proposer discover any ambiguity, conflict, omission or other error in this RFP, or have any questions concerning interpretation or clarification, the Proposer shall immediately notify the State of such in writing and request clarification or modification of the document. All questions or concerns regarding this RFP must be sent in writing via email to the Procurement Official listed on the first page of this RFP with a Cc to Sheri.Birkmaier@ftb.ca.gov, and the subject line should include “Questions Regarding RFP California EITC Advertising Campaign.” All questions must be received on or before the due date and time indicated in Section A.2 Key Action Dates and must include the Proposer Contact’s First and Last Name, the Company Name, Phone Number, and this RFP Name and Solicitation Number. Questions not submitted by the date and time specified in the Key Action Dates shall be answered at FTB’s option.

Upon FTB completion of review, all questions will be answered in writing and posted to the original advertisement on the Cal eProcure website by the date and time specified in the Key Action Dates. The Question-and-Answer Set will state each question, but not the source of the question, along with the State’s response. If there are any changes to the RFP as a result of any questions, there will be an RFP addendum that will become part of the RFP and posted to the original RFP advertisement on Cal eProcure. Only written responses shall be considered binding. Proposers should rely on written, rather than verbal, responses from the State. The State reserves the right to cancel or modify this RFP, in whole or in part.

BIDDER INSTRUCTIONS

Before submitting a response to this solicitation, Proposers should review, correct all known errors and confirm compliance with the RFP requirements. Review the Bidder Instructions (GSPD-451) for additional information: https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf.

COSTS INCURRED

Costs incurred in developing the proposal or in anticipation of award of the Agreement are entirely the responsibility of the Proposer and shall not be charged to the State of California.

GENERAL REQUIREMENTS

1. Proposals are to be prepared in such a way as to provide straightforward, concise descriptions of the prospective Contractor’s capability to satisfy the requirements of this RFP. The State will accept only complete and accurate proposals. Omissions, inaccuracies or misstatements may be sufficient cause for rejection of any proposal.

2. Any attempt by a Proposer to initiate contact with any FTB staff member, other than Procurement staff, regarding this RFP process may disqualify the Proposer from further consideration.

3. All documents submitted in response to this RFP will become the property of the State of California. The proposal shall remain the property of the State of California as a permanent record.

4. The State may reject proposals from prospective Proposers who are not in compliance with the laws of the State of California.

5. Proposals must be submitted for the performance of all the services described herein. FTB will not consider and may reject any proposal that deviates from the scope of work.

6. All Proposals shall include the required documents. Proposals not including the “required attachments” may be deemed non-responsive and cause for rejection. A non-responsive bid is one that does not meet the basic solicitation requirements.

7. A proposal may be rejected if it is conditional or incomplete, if it contains any alterations of form or other irregularities of any kind, or if deviations are material. The State may reject any or all proposals and may waive any immaterial deviation in a proposal. The State's waiver of immaterial deviation shall in no way modify the RFP document or excuse the Contractor from full compliance with all requirements if awarded the Agreement.

8. No oral agreements or understandings shall, in any manner or degree, modify or change the terms of this written proposal, nor the resulting Agreement.

9. If a proposal is accepted by the State, the Contractor agrees to enter into a written agreement with the State in conformity with the provisions of this RFP. The Contractor also agrees to enter into the aforementioned written agreement by completing the form(s) furnished by the State.

10. The State reserves the following rights:

a. To award if it is determined to be in the best interest of the State.

b. To waive any informality or irregularity in proposals

c. To amend or withdraw this RFP at any time prior to the signing of the Agreement if circumstances dictate such action.

11. Irrevocable Offer: A Proposer’s proposal submission is an irrevocable offer for ninety (90) calendar days following the scheduled date for proposal submission specified in Section A.2. Key Action Dates. A Proposer may extend the offer in the event of a delay of contract award.

WORKSITES EXAMINATION

Where applicable, the Proposer should carefully examine worksites and specifications. The Proposer shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the Agreement amount will be made due to inaccurate examination of worksites and specifications.

PROPOSAL MODIFICATION

A Proposer may modify or withdraw a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the bid submission deadline. Proposal modifications offered in any other manner, verbal or written, will not be considered. The withdrawal of a proposal requires written notification, which must be signed by an agent authorized in accordance with Section C.9 Authorized Signatures and submitted prior to the final deadline to submit proposals.

AUTHORIZED SIGNATURES

All solicitation and proposal documents requiring a signature must bear an electronic signature of a person authorized to contractually bind the bidding firm. An individual who is authorized to bind the firm contractually shall sign ATTACHMENT 1: Proposer Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

DEVIATIONS

Errors or omissions in the Proposer’s final proposal, if deemed material, will cause rejection of the proposal. However, the State may at its sole option retain the proposal and correct certain immaterial errors, including obvious clerical errors.

DISQUALIFICATION OF PROPOSALS

More than one proposal from an individual, a firm or partnership, a corporation, or an association under the same or different names will not be considered. Reasonable grounds for believing that any Proposer is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such Proposer is interested. If there is reason for believing that collusion exists among the vendors, none of the participants in such collusion will be considered in this or future proposals.

The State does not accept alternate Agreement language from a prospective Proposer. A proposal with such language will be considered a counterproposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

CONFIDENTIALITY OF PROPOSALS

After award of the Agreement or rejection of proposals, all responses will be regarded as public records under the California Public Records Act and will be subject to review by the public. Any proposal that contains language purporting to render all or portions of the proposal confidential may not be accepted. (Government Code §6250 et seq.) However, information pertaining to data security, system design or security controls whose public release could compromise the Proposer’s system security and data integrity should be clearly marked both in the proposal and on the proposal submittal outline.

Proposers are cautioned not to rely on the State during the evaluation to discover and report to the Proposer’s defects and errors in the submitted documents. Proposers, before submitting their documents, should carefully proof them for errors and adherence to the proposal requirements.

NOTICE OF INTENT TO AWARD AND PROTESTS

1. A Notice of Intent to Award shall be published on Cal eProcure in the same location as the solicitation was published for a period of five (5) working days prior to awarding an Agreement: Bid opportunities in the California State Contracts Register (CSCR). For the actual dates to the item listed above, refer to Section A.2 Key Action Dates.

2. If, prior to the award of Agreement, any Proposer files a protest with FTB and the Department of General Services (DGS) against the awarding of the Agreement on the grounds that the (protesting) Proposer is the lowest responsive responsible Proposer meeting the specifications of the RFP, the Agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter.

3. Within five (5) days after filing the initial protest, the Protestant shall file with DGS and the awarding agency a full and complete written statement specifying the grounds for the protest. The written statement of protest shall include the RFP number, the name of the State agency involved and the agency contact person, and should be submitted to the following: Department of General Services, Office of Legal Services, Attention: Bid Protest Coordinator, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605 Email: OLSProtests@dgs.ca.gov and Franchise Tax Board, Procurement Bureau, Attention: TaNita Guereca, 9646 Butterfield Way, Sacramento, California 95827 Email: TaNita.Guereca@ftb.ca.gov. It is suggested that you submit any protest by certified or registered mail.

AGREEMENT ACCEPTANCE

Any Proposer receiving an award is required to sign and return the Agreement, as provided herein, within ten (10) State business days after receipt of the Agreement for the Proposer’s signature. If the Agreement is not returned as stated, it will be just cause for the annulment of the Agreement award.

AWARD OF AGREEMENT

The Proposer is advised that should this solicitation result in award of an Agreement, the Agreement will not be enforced until it is approved and fully executed by the State of California.

The State reserves the right to reject any and all proposals. The award of the Agreement, if awarded, will be to the Proposer with the highest score as described in California Public Contract Code §10344.

If no proposals are received offering a contract price that FTB believes is in the best interest of the State, the State is not required to award an Agreement.

Performance shall start not later than date set by the awarding agency and the awarded Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's Proposal price and the actual cost of performing work by another contractor.

All performance under the Agreement shall be completed on or before the termination date of the Agreement.

TIE BREAK PROCESS

The award of the Agreement will be to the Proposer whose proposal complies with all RFP requirements and standards and received the highest total score (sum of Non-Cost and Cost points). In the event of a tie, the Proposer who scored the highest points in the Non-Cost portion of the evaluation process will be awarded the Agreement. In the event of a precise tie for both the Non-Cost and the Cost portions, a witnessed drawing of lots will be conducted by the Procurement Official. If a drawing of lots is needed, the Procurement Official will schedule and arrange for the drawing and non-partisan witnesses, notifying the participating Proposers of the outcome of the drawing.

EVALUATION DEBRIEFING

Written or oral proposal evaluation debriefings will not be given to unsuccessful Proposers. However, all proposals and evaluation scoring sheets that are retained as a permanent State record shall be made available for public inspection after official award of the Agreement is made.

VERIFYING CORPORATE QUALIFICATION TO DO BUSINESS IN CALIFORNIA

To ensure that all obligations due to the State are fulfilled, when agreements are to be performed in the State by corporations, the contracting agencies are required to obtain verification that the Contractor is currently qualified to do business in the State of California.

"Doing business" is defined in the Revenue and Taxation Code (Section 23101) as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. While there are some statutory exceptions to taxation, it will be a rare instance when a corporate contractor performing within the State will not be subject to the franchise tax.

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.

If there is any question by any contractor as to his/her status relating to corporate qualification, we suggest he/she check with the Secretary of State, 1500 11th Street, Sacramento, CA 95814, or call for additional information at (916) 653-6814.

SECTION D: PROPOSAL REQUIREMENTS

D.1. REQUIREMENTS OVERVIEW

Prospective Proposers must agree to all conditions contained in this RFP solicitation and must provide sufficient information in their proposals to fully establish the Proposer’s ability to satisfy all requirements described in this RFP and perform all of the services described in Exhibit A: Scope of Work. Sections of the Proposer’s proposal that address more than one requirement should be adequately cross-referenced. The Proposer must provide sufficient details to demonstrate they can meet all of the minimum mandatory requirements. Failure to do so may result in the proposal being deemed non-responsive.

The following sections describe the minimum mandatory requirements for this RFP:

· Administrative Requirements

· Qualification Requirements

· Cost Requirements

D.2. ADMINISTRATIVE REQUIREMENTS

This solicitation contains mandatory Administrative Requirements that must be met in order to be considered responsive to this solicitation. Unless designated otherwise, all of the requirements in this section are mandatory.

IMPORTANT: Proposers must provide all required administrative documentation as specified in Section B.2 Administrative Requirements Checklist and Section F. Attachments.

Documents that must be submitted with the Proposer’s proposal package are noted as “Mandatory” or “(M)” in the subsection titles.

Additionally, this solicitation contains optional requirements noted as “Optional” or “(O)” that may require documents to be submitted with the Proposer’s proposal. The administrative requirements are denoted as follows:

1. (M) – All sections labeled as “Mandatory”, or “M” must be responded to in order to be considered responsive and responsible to these requirements. The responses will be evaluated in accordance with Section E: Evaluations.

2. (O) – All sections labeled as “Optional”, or “O” are not required to be offered by the Proposer in order to be compliant to the solicitation requirements. A Proposer may choose whether to meet administrative requirements labeled as (O) such as those relating to preference points. However, if a Proposer offers any of these (O) requirements, the Proposer must meet the minimum requirements as stated in the section. The State will review responses to optional requirements and apply points, if applicable, per criteria stated in Section E: Evaluations.

D.2.1. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT (M)

Proposers must fully comply with the Mandatory DVBE Participation Requirement described herein. Proposers must include a minimum DVBE participation goal of three percent (3%) of the Proposer’s net proposal price with one (1) or more DVBEs in their proposal submission. 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.

To meet the DVBE Participation requirement, Proposers must document the required DVBE program participation and submit the following documents in their proposal submission for each DVBE:

1. Bidder Declaration GSPD-05-105 (Attachment 8);

2. STD 843 Disabled Veteran Business Enterprise Declarations (Section D.2.3);

3. Proposer Certification Sheet (Attachment 1); and,

4. Commercially Useful Function (CUF) Certification (Attachment 13).

Disabled Veteran Business Enterprise (DVBE) Program:

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts are established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq.

Information regarding the DVBE Program Requirements may be viewed at:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=office%20of%20small%20business Proposers can access a list of all certified DVBEs on www.caleprocure.ca.gov..

The Office of Small Business and DVBE Services offer program information and may be reached at:

Office of Small Business and DVBE Services Procurement Division Department of General Services

707 Third Street, 1-400 West Sacramento, CA 95605 Phone: (916) 375-4940 Email: OSDSHelp@dgs.ca.gov https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=office%20of%20small%20business PLEASE READ THESE REQUIREMENTS CAREFULLY. FAILURE TO COMPLY WITH THE MINIMUM MANDATORY DVBE PARTICIPATION REQUIREMENT WILL BE CONSIDERED A DEVIATION IN ACCORDANCE WITH SECTION C.6 GENERAL REQUIREMENTS AND C.10 DEVIATIONS.

D.2.2. DVBE INCENTIVE (O)

In accordance with Military and Veterans Code §999.5(a), an incentive will be given to all Proposers who exceed the mandatory three percent (3%) DVBE participation. For Contract award evaluation purposes only, the State shall apply the incentive amount based on the amount of DVBE participation obtained above the three percent (3%) requirement. The incentive is only given to those Proposers who are responsive to the DVBE program requirement and propose DVBE participation in the resulting Contract that exceeds the mandatory three percent (3%) requirement. The maximum incentive for this procurement is five percent (5%) of the total points available, in accordance with the point allocations specified in Section E.2 Evaluation Process, Phase 4: Socioeconomic Programs Evaluation, TABLE 20: DVBE Participation Incentive Points.

If the Proposer is claiming a DVBE incentive, the Proposer must complete and include the following forms in their proposal submission for each DVBE:

1. Bidder Declaration GSPD-05-105 (Attachment 8);

2. STD 843 Disabled Veteran Business Enterprise Declarations (Section D.2.3);

3. Proposer Certification Sheet (Attachment 1); and,

4. Commercially Useful Function (CUF) Certification (Attachment 13).

D.2.3. DVBE DECLARATIONS

Proposers who have been certified by California as a DVBE (or who have obtained the participation of subcontractors certified by California as a DVBE) must submit a completed form(s) STD 843 Disabled Veteran Business Enterprise Declarations for each DVBE. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign an STD 843 form for each DVBE. The completed form(s) should be included with the proposal response. The form is available at: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

D.2.4. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) SUBSTITUTION

Awarded Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the proposal or offer and approved DVBE substitutions will be documented by contract amendment.

Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the proposal or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9; Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).

D.2.5. SMALL BUSINESS CERTIFICATION

Proposers claiming the small business preference must be certified by California as a small business or must commit to subcontract at least twenty-five (25%) of the net proposal price with one or more California certified small businesses in accordance with the preference requirements in Section D.2.6 Small Business Preference (O). Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. PT on the proposal due date, and the OSDS must be able to approve the application as submitted.

Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time proposals are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

D.2.6. SMALL BUSINESS PREFERENCE (O)

California Government Code Section 14835 et seq. requires that a five percent (5%) preference be given to proposers who qualify as a small business or proposers who qualify as a non-small business claiming at least twenty-five (25%) California certified small business subcontractor participation. The rules and regulations of this law, including the definition of a small business, or qualifying non-small business, are contained in Title 2, California Code of Regulations (CCR), Section 1896 et seq. The definition of nonprofit veteran service agencies qualifying as a small business is contained in Section 999.50 et seq. of the Military and Veterans Code. ATTACHMENT 1: Proposer Certification Sheet contains appropriate fields for indicating whether a proposer is claiming the Small Business preference.

The Small Business regulations, located in the CCR (Title 2, Division 2, Chapter 3, Subchapter 8, section 1896 et. Seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. The new regulations can be viewed at SB_DVBE Best Practices for State Departments (ca.gov). For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services at (916) 375-4940.

If the Proposer qualifies as a small business and is claiming the Small Business Preference, the Proposer must complete and include the following forms in their proposal submission:

1. Bidder Declaration GSPD-05-105 (Attachment 8);

2. Proposer Certification Sheet (Attachment 1); and,

3. Commercially Useful Function (CUF) Certification (Attachment 13).

D.2.7. NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE (O)

A five percent (5%) proposal preference is available to Proposers who qualify as a non-small business claiming at least twenty-five percent (25%) California-certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the Proposer’s response must include a list of the small businesses with which the firm commits to subcontract in an amount of at least twenty-five percent (25%) of the net proposal price with one (1) or more California-certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the Contract as defined in Government Code §14838(b)(1)(2).

Proposers claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net proposal price with one (1) or more California-certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5 p.m. PT of the proposal due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

The preference to a non-small business firm that commits to small business or microbusiness subcontractor participation of twenty-five percent (25%) of its net proposal price shall be given five percent (5%) preference of the highest responsive, responsible firm’s total score. A non-small business that qualifies for this preference, may not take an award away from a certified small business.

If the Proposer is claiming the non-small business subcontractor preference using small business subcontractors, the Proposer must complete and include the following forms in their proposal package for each small business subcontractor:

1. Bidder Declaration GSPD-05-105 (Attachment 8);

2. Proposer Certification Sheet (Attachment 1); and,

3. Commercially Useful Function (CUF) Certification (Attachment 13)

D.2.8. SMALL BUSINESS NON-PROFIT VETERAN SERVICE AGENCY (SB/NVSA) (O)

SB/NVSA prime proposers meeting the requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference.

If the Proposer qualifies as an SB/NVSA and is claiming the Small Business Preference, the Proposer must complete and include the following forms in their proposal submission:

1. Bidder Declaration GSPD-05-105 (Attachment 8);

2. Proposer Certification Sheet (Attachment 1); and,

3. Commercially Useful Function (CUF) Certification (Attachment 13).

D.2.9. SMALL BUSINESS REPORTING REQUIREMENT

If for the Agreement resulting from this bid, awarded Contractor made a commitment to achieve small business participation, then Contractor must within sixty-days (60) days of receiving final payment under this Agreement report to the FTB procurement contact the actual percentage of small business participation that was achieved (Govt. Code § 14841). The Prime Contractor's Certification - SB Subcontractor Report shall be sent via hard copy or sent electronically to the FTB procurement contact. It is incumbent on the Contractor to submit the subcontracting form within the specified timeframe.

D.2.10. DVBE PARTICIPATION REPORTING REQUIREMENT

If for the Agreement resulting from this proposal, awarded Contractor made a commitment to use a Disabled Veteran Business Enterprise (DVBE), then, pursuant to Military and Veterans Code §999.5(d), upon completion of this Agreement, and prior to the last payment being made by the awarding Department, the Department requires the Contractor to certify DVBE usage by completing and submitting the Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817) to the awarding Department. Failure to submit the certification will be cause for the awarding Department to withhold ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000). It is incumbent on the Contractor to certify the following:

1. The total amount the prime Contractor received under the Agreement.

2. The name, address, Contract number and certification ID number of the DVBE(s) that participated in the performance of this Agreement;

3. The amount and percentage of work the prime Contractor committed to provide to one or more DVBE(s) under the requirements of the Agreement, and the total amount of payments each DVBE received from the prime Contractor;

4. That all payments under the Agreement have been made to the DVBE(s); and

5. The actual percentage of DVBE participation that was achieved.

Upon request, the prime Contractor shall provide proof of payment to the DVBE(s) for the work prior to the last contract payment being made to the prime Contractor by the awarding Department.

A prime Contractor that fails to comply with the certification requirement shall, after notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least fifteen (15) calendar days but not more than thirty (30) calendar days from the date of notice, the prime Contractor refuses to comply with the certification requirements, the awarding Department shall permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000).

The Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817) shall be sent electronically to the procurement contact stated in the Agreement. It is incumbent on the Contractor to submit the completed subcontracting report form timely at the end of the Agreement.

Link: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/File-DVBE-Subcontracting-Report?search=Prime%20Contractor%E2%80%99s%20Certification%20%E2%80%93%20DVBE%20Subcontracting%20Report

D.2.11. TARGET AREA CONTRACT PREFERENCE ACT (TACPA) (O)

Target Area Contract Preference Act (TACPA) will be granted to California-based firms in accordance with Government Code §4530 whenever contracts for goods or services are in excess of $100,000 and the Proposer meets certain requirements as defined in the California Administrative Code (Title 2, §1896.30 et seq.) regarding labor needed to produce the goods or provide the services being procured. The TACPA is optional on the part of the Proposer (not mandatory), is for proposal evaluation purposes only, and does not alter the amount of the awarded Contract.

Proposers wishing to take advantage of this preference will need to review the website below and submit the appropriate response forms with their Proposal. The Proposer may omit these forms if there is no intention to claim this preference.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference Please carefully review the forms and requirements. Proposers are not required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of the proposal.

The required applications/forms are as follows:

· TACPA Preference Request for Goods and Services Solicitations (STD 830): http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

· Manufacturer’s Summary of Contract Activities and Labor Hours (DGS/PD 525): https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf

· Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 526): https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf Proposer’s questions regarding this preference are to be directed to the Department of General Services, Procurement Division, Dispute Resolution Unit, 707 Third Street, Second Floor, West Sacramento, CA 95605 or contact the TACPA Preference Program via email at TACPA@dgs.ca.gov, to determine if the worksite(s) is eligible.

The State as part of its evaluation process reserves the right to verify, validate, and clarify all information contained in the proposal. This may include, but is not limited to, information from proposers, manufacturers, subcontractors and any other sources available at the time of the proposal evaluation. Proposer refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State’s request may result in denial of preference requested.

Contracts awarded with applied preferences will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce preference programs.

D.2.12. COMMERCIALLY USEFUL FUNCTION (CUF)

All certified small business, micro business, and/or DVBE Contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code Section 14837 (for SB), Military and Veterans Code Section 999 (for DVBE), and Title 2 CCR, Section 1896.4 and 1896.62.

A Contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the Contractor’s, subcontractor(s), or supplier’s role is limited to that of an extra participant in the transaction, the awarded Contract, or project through which funds are passed to obtain the appearance of small business or micro business participation.

The Proposer must complete ATTACHMENT 13: Commercially Useful Function (CUF) Certification for each Small Business and/or DVBE (prime and/or subcontractor(s)). All Proposers and subcontractors identified in the proposal response to fulfill the requirements for one (1) or more of the socio-economic programs (DVBE and small business) must perform a commercially useful function (CUF) in the resulting Contract. CUF is defined pursuant to Military and Veterans Code §999(b)(5)(B) and Government Code §14837(d)(4)(A) for the DVBE and small business programs, respectively.

Proposers may be required to submit additional written clarifying information regarding CUF on ATTACHMENT 13: Commercially Useful Function Certification. Failure to submit the requested written information as specified may be the basis for rejection of the Proposer’s proposal submission.

D.3. QUALIFICATION REQUIREMENTS

This section outlines the qualification requirements pertaining to the required services that must be met in order to be considered responsive and responsible to this solicitation. All information requested shall be provided in the prescribed format. A proposal may be rejected if it is conditional, 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. In addition to meeting these requirements, the Proposer must adhere to the Scope of Work (SOW) as described in Exhibit A: SOW of this solicitation.

Unless designated otherwise, all items noted as “Mandatory – Pass/Fail (M)” and “Mandatory Scored (MS)” are mandatory requirements. The documents that must be submitted with the Proposer’s response are also noted as “Mandatory – Pass/Fail (M)”.

Requirements noted as Desirable Scored “(DS) or Optional (O)” are optional; however, if the Proposer is claiming any DS or O requirements, the Proposer must include the corresponding information and required documentation with their proposal.

The proposal content requirements listed in this section are denoted as follows:

1. (M) Sections labeled as “Mandatory”, or “M” are not negotiable. To be considered responsive and responsible to these requirements, all requirements identified as (M) must be responded to. These requirements are evaluated as a “Pass” or “Fail.” A “fail” will result in a proposal being deemed non-responsive and, therefore, will be disqualified. Failure to respond to any (M) requirements where indicated shall result in a “fail” and disqualification of the proposal.

2. (MS) Sections labeled as “Mandatory Scored” or “MS” are not negotiable. To be considered responsive and responsible to these requirements, all requirements identified as (MS) must be responded to. A “fail” will result in a proposal being deemed non-responsive and, therefore, will be disqualified. Failure to respond to any (MS) requirements where indicated shall result in a “fail” and disqualification of the proposal. The State’s evaluation team will review responses to (MS) requirements and apply points, if applicable, per criteria stated in Section E: Evaluations.

3. (DS) Sections labeled as “Desirable Scored” or “DS” and “Optional” or “O” are not required to be offered by the Proposer in order to be compliant with the solicitation requirements. The Proposer may choose whether to meet requirements labeled as (DS) or (O). However, if a Proposer offers any of these (DS) or (O) requirements, the Proposer must meet the minimum requirements as stated in the requirement. The State will review responses to (DS) or (O) requirements and apply points, if applicable, per criteria stated in Section E: Evaluations.

A Proposer will not be disqualified for not meeting a (DS) or (O) requirement, it is a non-mandatory requirement.

If the Proposer chooses to include the desirable (DS) requirements in their proposal, then the costs for the desirable requirements must be included in their proposed costs within their completed RFP Cost Proposal Worksheet.

D.3.1. COMPANY QUALIFICATIONS (M)(MS)(DS)

1. Cover Letter (MS)

Proposer shall provide a cover letter which shall be signed by the individual(s) who is/are authorized to bind the Proposer contractually.