RFP_No._CFF_7708_Addendum_No._2.pdf

August 27, 2024

ADDENDUM NO. 2

REQUEST FOR PROPOSAL (RFP) NO. CFF 7708

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RFP Proposal Due Date: Tuesday, September 17, 2024, at 12:00 PM, PT

YOUR ATTENTION IS DIRECTED TO THE FOLLOWING MODIFICATIONS TO RFP NO.

CFF 7708. ALL CORRECTIONS, ADDITIONS, AND/OR REVISIONS WILL BE NOTED

IN RED FONT AND BOLDED ON THE REVISED RFP PAGES INCLUDED AS PART OF

THIS ADDENDUM.

The following pages are replaced in their entirety with the attached revised pages.

1. Section 2.B.8. Generative Artificial Intelligence, pages 7–8 are amended to revise the language.

2. RFP page 18 is amended to reduce the DVBE participation requirement from 3% to 1% of the value of the total bid.

3. RFP page 23 is amended to clarify the Minimum Qualifications page limit.

4. RFP page 30 is amended to clarify Chapter 2: Cost Bid Proposal, #4.

5. Appendix 2: Criteria for Evaluation of Proposal, pages 52–54 are amended to eliminate the “Weighted Score (Points)” column.

6. Appendix 3: Criteria for Evaluation of Oral Presentation, page 55, is amended to eliminate the “Weighted Score (Points)” column.

7. Exhibit B1, Cost Sheet, page 101, is amended for clarification.

8. Exhibit D, Special Terms and Provisions, page 124, is amended to add Generative Artificial Intelligence language.

First 5 California RFP No. CFF 7708

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Questions and answers will be posted on Cal eProcure (California State Government Marketplace) as an addendum to this RFP.

Bidders should include in the submission question the following information:

• Firm name, firm contact name, mailing address, telephone number with area code, and e-mail address of contact name

• A description of the subject or issue in question or discrepancy found

• RFP section, page number, or other information useful in identifying the specific problem or issue in question

• Remedy sought, if any

6. Request to Change the Requirements of the RFP and Agreement Terms

If the bidder believes one or more of the RFP requirements and/or Agreement terms is onerous, unfair, or imposes unnecessary constraints on the bidder in proposing less costly or alternate solutions, the bidder may request a change to the RFP or Agreement by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. All requests for changes must be submitted to the Procurement Official no later than five (5) business days before the deadline for submitting bids. Oral answers shall not be binding on the state. Bidders are advised the state does not intend to negotiate requirements or contract terms and conditions after submission of the final bid, except in extraordinary situations.

7. Addenda

F5CA may modify the RFP prior to date fixed for contract award by issuance of an addendum posted to Cal eProcure. All addenda to the RFP will be viewable by the public on Cal eProcure (California State Government Marketplace).

Addenda will be numbered consecutively. If any bidder determines an addendum unnecessarily restricts its ability to bid, the bidder is allowed five (5) business days after posting of said addendum, to submit a protest to the addendum according to the instructions contained in Section 2.B.6., Request to Change the Requirements of the RFP and Agreement Terms.

8. Generative Artificial Intelligence

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

https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/pages/index.aspx

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Bidders must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet to be completed by the bidder.

Failure to submit the GenAI Disclosure & Factsheet (STD 1000) will result in disqualification of the bidder.

Failure to report disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the bidder and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder GenAI Disclosure & Factsheet, the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

C. Bidding Steps

1. Preparation of Bid Response

Exhibit 1, Competitive Bidding and Bid Responsiveness, located at the end of SECTION 6, BID EVALUATION, emphasizes the requirements of competitive bidding and contains examples of common causes for rejection of bids. Bidders are encouraged to review this Exhibit.

Bids are to be prepared in such a way as to provide a straightforward, concise delineation of the bidder’s compliance with the requirements of this RFP.

Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Before submitting each document, the bidder should carefully review the bid for errors and adherence to the RFP requirements.

2. Completion of Bid Response

Bids must be complete in all respects and submitted in the required format as set forth in SECTION 5, BID FORMAT REQUIREMENTS. A bid will be rejected if it is conditional or incomplete, or if it contains any alterations in form or other irregularities of any kind. A bid will be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements. The bid must contain all required elements of the response.

a. Bidder’s Cost

Costs for developing bids are entirely the responsibility of the bidder and shall not be chargeable to the state.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

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2. DVBE Program

For this procurement, DVBE participation must equal at least three one percent (31%) of the value of the total bid.

The DVBE participation program was established to acknowledge disabled veterans for their service and to further DVBE participation in state contracting, promote competition, and encourage greater economic opportunity.

General information about the DVBE program is available at the DGS Procurement Division (PD) website at https://www.dgs.ca.gov/PD.

General questions about the State’s DVBE programs may be directed to the DGS PD’s Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) at (916) 375-4940.

A completed Form DGS PD 843 must be submitted for each DVBE identified on the Bidder Declaration, GSPD-05-105 (Attachment 8). Each disabled veteran business owner and disabled veteran business manager of the DVBE(s) must sign the form(s). The completed form(s) must be included with the bid.

Bidders may use the forms provided on the following websites:

• Bidder Declaration form, GSPD-05-105 (Revised 08/09) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

• Disabled Veteran Business Enterprise Declarations (DGS PD 843) (Revised 09/2019) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

To obtain information, a form(s), and instructions for completing the form(s), visit SB_DVBE Best Practices for State Departments (ca.gov).

Consistent with state policy, all subcontracts must be received and approved by F5CA for any subcontractor performing work through this procurement prior to the expenditure of funds.

If a DVBE subcontractor is used in any agreement awarded under this RFP, the Contractor must, within sixty (60) days of receiving final payment under the Agreement, certify in a report to the awarding agency all the following:

1. The total amount the prime contractor (“Contractor”) received under the Agreement.

2. The name and address of the DVBE(s) that participated in the performance of the Agreement.

https://www.dgs.ca.gov/PD https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Small_Business_and_Disabled_Veteran_Business_Enterprise_Best_Practices?search=procurement

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Section 6: Project Management and Accountability Plan

Section 7: Case Studies

Section 8: References

D. Chapter 2: Cost Bid Proposal

A. Cover Letter Page Limit: One (1) page

1. The cover letter will introduce and summarize the highlights of the proposal.

2. The cover letter must be on the proposer’s business letterhead.

3. The cover letter must be signed by an individual authorized to contractually bind the bidding firm.

4. The signature must indicate the title or position the individual holds in the firm.

B. Minimum Qualifications Page Limit: Five (5) pages, not including Certificate(s) of Good Standing/business license(s) or other supporting documentation

The bidder shall describe how it satisfies the Minimum Qualifications requirements.

Failure to meet the following bid requirements by the bid due date will be grounds for F5CA to deem a bidder nonresponsive. In submitting a bid, the bidder must certify that it possesses the following:

1. Personnel

a. Key staff of the proposer must include the personnel listed in Table 1. These personnel must meet the stated minimum qualifications. The minimum number of individuals required for each labor category. The program manager and core planning team must be employees of the prime contractor.

b. F5CA shall determine whether the proposed personnel meet requirements, including the applicability of an individual’s experience and equivalent years of experience and/or education.

c. Subcontractor personnel may be used to meet the Minimum Qualifications.

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2. Creative Samples

Submit samples of any creative execution for television, radio, print, digital, and/or billboards for the presented campaign, as well as collateral materials that were part of the campaign.

Section 8. References (6 Pages Maximum)

1. The bidder shall submit three (3) reference letters that are to be prepared and signed by the bidder’s clients. The reference letters must be on the bidder’s client’s letterhead. Electronic signatures are acceptable.

2. Each reference must confirm the firm’s multimedia account valued at a minimum of $3 million in the last five (5) years, demonstrating early childhood development marketing experience.

3. The reference letters shall include the name of the firm or government agency, the nature of the work performed, the contact person, their address, their e-mail address, and their contact telephone.

4. Each client reference letter shall not exceed two (2) pages in length on the client letterhead.

5. F5CA reserves the right to contact the submitted client references prior to the award of the Agreement.

D. Chapter 2: Cost Bid Proposal Page Limit: No page limit for the Cost Sheet (Exhibit B1)

1. The bidder shall submit a complete budget. Bids must be fully supported by cost and pricing data adequate to justify the bid amount.

2. Each bidder shall propose a budget to support the distribution of a not-to-exceed amount of $57,000,000 to accomplish all goals in the full three-year contract term.

3. Printing costs should not be included in the bid. All print job services will be procured by F5CA using a separate funding stream.

4. If awarded this Agreement, the labor support, labor rates, and all total projected expenditures, including media buys, mark-ups, and commissions shall be detailed, and will become a part of the Agreement and establish the maximum rates and total expenditures for the term of this Agreement.

5. Bidder shall be advised to review Executive Order B-06-11, Executive Order N-6- 22, and Budget Letter 23-17 to ensure the budget submitted in response to this RFP is in compliance.

https://archive.gov.ca.gov/archive/gov39/2011/04/26/news17008/index.html https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://dof.ca.gov/wp-content/uploads/sites/352/2023/12/BL-23-27-Current-Year-Expenditure-Freeze.pdf

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Appendix 2: Criteria for Evaluation of Proposal

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Appendix 3: Criteria for Evaluation of Oral Presentation Two (2) Hours Maximum Duration

Contractor Name Agreement No. CFF 7708

Page X of Y

Exhibit B1 Cost Sheet

Exhibit B1: Cost Sheet (The Cost Sheet submitted as part of the bidder’s proposal shall be incorporated into this page and included as the budget in the final Agreement.)

Contractor Name Agreement No. CFF 7708

Page X of Y

Exhibit D Special Terms and Conditions

(Standard Agreement)

45. Executive Order N-6-22 Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 (thirty) calendar days to provide a written response. Termination shall be at the sole discretion of the State.

46. Generative Artificial Intelligence

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable risk to the State.