RFP_No._CFF_7783_-_IMPACT_Legacy.pdf

Request for Proposal (RFP) Number CFF 7783

Improve and Maximize Programs So All Children Thrive (IMPACT) Legacy Evaluation Services

Notice To All Prospective Proposers

April 24, 2026

First 5 California (F5CA) invites submissions for representation to perform evaluation services for IMPACT Legacy.

The maximum fiscal amount of this Agreement is $1,500,000.00. The anticipated term of this agreement is two (2) years, with a start date of July 1, 2026, or upon approval of the Department of General Services (DGS), whichever is later through June 30, 2028.

A copy of RFP No. CFF 7783 is enclosed. It contains a description of the qualifications required and directions for preparation and submittal of proposals. Proposals must be submitted and received by 10:00 a.m., Pacific Time on Tuesday, May 19, 2026, at the address indicated in Section 5.D., Bid Response Delivery of the enclosed RFP.

Disabled Veteran Business Enterprise participation is mandatory for this RFP. A minimum of 3% DVBE participation is required for this solicitation. (See Section 3.B.2 - DVBE Program for more information.)

All dates subsequent to the final bid submission are approximate and may be adjusted by an addendum. Below is the tentative time schedule for this procurement.

KEY ACTION DATES

Event Date Time RFP Available to Prospective Bidders Friday, April 24, 2026 3:00 p.m., PT Written Question Submittal Deadline Friday, May 1, 2026 2:00 p.m., PT Response to Written Questions Friday, May 8, 2026 5:00 p.m., PT Final Date for Proposal Submission Tuesday, May 19, 2026 10:00 a.m., PT Proposal Review May 19-May 29, 2026 N/A Notice of Intent to Award Monday, June 1, 2026 5:00 p.m., PT Last Day to Protest Award Monday, June 8, 2026 5:00 p.m., PT Agreement Award Date Tuesday, June 9, 2026 N/A Agreement Commencement Upon DGS Approval N/A

All times listed in the Key Action Dates are Pacific Time. It is recognized that time is of the essence. All proposers are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

The RFP and any addenda will be viewable by prospective bidders and the public on Cal eProcure at https://caleprocure.ca.gov/pages/index.aspx.

If an addendum is issued, bidders will have five (5) business days following the addendum release date to submit questions related to said addendum.

The Notice of Intent to Award shall be posted in a public place at F5CA for five (5) working days prior to awarding the Agreement.

F5CA reserves the right to cancel or modify this RFP up until the award is executed.

F5CA has the discretion to waive non-material defects with any of the proposals.

Additionally, F5CA is not responsible for any preparation costs incurred by parties submitting a proposal.

A copy of the State’s General Terms and Conditions (GTC 02/2025) is not provided in this RFP. However, it is available on the DGS website (Standard Contract Language), and may be downloaded and printed. If you do not have Internet capabilities, you may request a hard copy of the State’s Terms and Conditions by contacting the F5CA Procurement Official listed below. These terms and conditions will become a part of the contract language and are NON-NEGOTIABLE. In addition, all material terms and conditions in Exhibits B, C, D, E, F, and G of the Sample Standard Agreement are

NON-NEGOTIABLE.

Procurement Official Arminder Singh First 5 California Contracts and Procurement Office 2399 Gateway Oaks Drive, Suite 120 Sacramento, CA 95833 RFP@first5.ca.gov (279)-280-7513 https://caleprocure.ca.gov/pages/index.aspx https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=gtc mailto:RFP@first5.ca.gov

First 5 California RFP No. CFF 7783

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Table of Contents Request for Proposal (RFP) Number CFF 7783 Improve and Maximize Programs So All Children Thrive (IMPACT) Legacy Evaluation Services

SECTION 1: INTRODUCTION

A. Purpose B. Background C. Problem Statement D. Scope of Work E. Agreement Term F. Scope of this RFP and Bidder Admonishment

SECTION 2: RULES GOVERNING COMPETITION

A. Identification and Classification of RFP Requirements B. Bidding Requirements and Conditions C. Bidding Steps D. Evaluation and Selection Process E. Other Information

SECTION 3: ADMINISTRATIVE REQUIREMENTS AND STATE OF CALIFORNIA

PREFERENCE PROGRAMS

A. Administrative Requirements B. State of California Preference Programs

SECTION 4: PROPOSAL REQUIREMENTS

A. Cover Letter B. Minimum Qualifications C. Chapter 1: Eligibility and Capabilities Assessment D. Chapter 2: Cost Bid Proposal

SECTION 5: BID FORMAT REQUIREMENTS

1. General Instructions

2. Submission of Proposal

5. Bid Response Delivery

6. General Format Guidelines

7. Page Limits

SECTION 6: BID EVALUATION

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A. Evaluation Information B. Evaluation Methodology

Appendix 1: Competitive Bidding and Bid Responsiveness Attachment 1: Required Bid Submission Checklist Attachment 2: Bid/Bidder Certification Sheet

Completion Instructions for Bid/Bidder Certification Sheet Attachment 3: Payee Data Record Attachment 4: Contractor Certification Clauses Attachment 5: Guaranty Requirements Attachment 6: Conflict of Interest Compliance Certificate Attachment 7: Darfur Contracting Act Attachment 8: Bidder Declaration Attachment 9: TACPA Preference Claim Form Attachment 10: DVBE Participation Incentive Claim Form Attachment 11: DVBE Declarations Attachment 12: Small Business Preference Claim Form Attachment 13: California Civil Rights Laws Attachment Attachment 14: Iran Contracting Act Verification Form Attachment 15: Commercially Useful Function (CUF) Certification Attachment 16: Vendor History Questionnaire

SAMPLE AGREEMENT

STD 213: Standard Agreement Exhibit A: Scope of Work Exhibit A1: Evaluation Plan Exhibit A2: Resumes Exhibit A3: Accessibility Requirements Exhibit A4: First 5 California North Star Policy Agenda Exhibit A5: Evaluation Plan Change Order Form Exhibit B: Budget Detail and Payment Provisions Exhibit B1: Cost Sheet Exhibit C: General Terms and Conditions Exhibit D: Special Terms and Conditions

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Exhibit D1: Notice of Form 700 Filing Requirement Exhibit D2: DVBE Activity Report Form Exhibit D3: Certification of SB and DVBE Subcontractor Payment Exhibit E: Postconsumer-Content Certification Exhibit F: Protection of Confidential and Sensitive Information Exhibit G: Confidential Information Non-Disclosure Certificate

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In this solicitation document, the words “bid” and “bidder” are synonymous with “proposed,” “propose,” or “proposer,” as appropriate.

Document Format This RFP consists of six (6) sections, sixteen (16) attachments (not including the Budget attachment), and a sample Agreement.

The sections are:

Section 1: Introduction This section provides information about the purpose, background, and format of the

RFP.

Section 2: Rules Governing Competition This section describes how the procurement will be run and provides information on laws and regulations with which the bidder must comply.

Section 3: Administrative Requirements and State of California Preference Programs This section defines administrative and bidder requirements related to the bidder’s submittal of its bid.

Section 4: Proposal Requirements This section defines proposal requirements related to the bidder’s submittal of its bid.

Section 5: Bid Format Requirements This section provides instructions on the mandatory format with which the bid must comply.

Section 6: Bid Evaluation This section explains how F5CA will evaluate the bidder’s proposal. It contains information on the areas that will be scored, how the scoring is performed for each of those areas, and how the final score is computed.

Availability The selected bidder must be able to meet the requirements of this RFP and be fully available to begin work on the proposed contract execution date.

IMPACT Legacy Evaluation Services

SECTION 1: INTRODUCTION

A. Purpose

The purpose of this solicitation is for First 5 California (F5CA) to receive proposals from qualified entities with experience and expertise in planning, conducting, and delivering final reports that evaluate large-scale programs and initiatives. The selected contractor will be responsible for completing and delivering an evaluation report of Improve and Maximize Programs, so All Children Thrive (IMPACT) Legacy as described in the Scope of Work. Additional information about IMPACT Legacy may be found by clicking onto the hyperlink: What We Do - First 5 California.

The evaluation will focus on the implementation of the IMPACT Legacy focus areas and identify efficiencies and promising practices for long-term use. F5CA has identified the following priority areas as the Scope of Work priorities for IMPACT Legacy implementation, which this evaluation will focus on:

1. Expand Access to Quality for Priority Children and Early Educators

a. Promoting nurturing adult-child interactions

b. Supporting children’s social and emotional well-being

c. Reduce suspension and expulsion practices

d. Best practices for behaviors that are challenging to adults

e. Mitigate Adverse Childhood Experiences (ACEs)

f. Anti-bias and anti-racism

2. Culturally Responsive Family Engagement

a. Building Early Learning and Care (ELC) provider capacity to engage parents and families authentically

b. Promoting the value and impact of family engagement

3. Inclusion and Support of Multilingual Learners

In addition to the scope of work priority areas above, the Contractor shall evaluate how the following implementation strategies and potential outcomes on social determinants of health have been advanced by IMPACT and the F5CA Strategic Plan.

1. Collective impact of IMPACT Legacy, including but not limited to:

a. Local county/consortia implementation impact on priority populations.

https://www.ccfc.ca.gov/whatwedo/index.html

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b. Regional Hub impact and promising practices for systems sustainability and equity of access to Quality Counts California (QCC) supports and services.

c. Statewide systems' sustainability of quality support, expansion, and equitable access beyond F5CA funding.

d. Identifying gaps in conditions of collective impact at the local, regional and state level that inhibit the advancement of equity in QCC.

2. Progress related to the recommendations of the QCC Equity Project and the direct impact of IMPACT Legacy (which may include previous F5CA IMPACT investments) on progress outcomes.

Key Deliverables

1. Evaluation Plan

The Contractor will develop an evaluation plan that includes a timeline for completing deliverables, including key benchmarks and methods for meeting timeline benchmarks. In addition, the Contractor will be responsible for proposing key measurable indicators that will be used to measure success.

2. Reports

a. Utilize historical and current evaluation briefs, reports, data from multiple sources, and any additional requests for information from First 5 county commission grantees or interest holders needed to develop a comprehensive final evaluation report that meets California’s accessibility requirements and is provided in English and Spanish.

b. Comprehensive quarterly updates will be provided, and other reports may be requested at F5CA's discretion, such as policy briefs and detailed reports on findings, progress, and implications for future investments.

c. Evaluation-based recommendations

Including practical strategies for sustaining and further advancing systems change in California’s early learning and care landscape that is sustainable beyond F5CA fiscal investments.

3. Data visualization

Presenting data insights in accessible formats for varied audiences.

4. Data Analysis

a. Conduct an in-depth analysis of the collected and available data to identify key trends and outcomes.

https://qualitycountsca.net/ https://drive.google.com/file/d/14kb81Y1ZoQHaMchg6-9amhrp-HxGeG3R/view

IMPACT Legacy Evaluation Services

b. Engage with partners, to gather additional qualitative and quantitative data required to complete a final evaluation report, including visualizations.

c. Provide F5CA with recommendations for additional data collection through QCC Common Data File and Annual Performance Reports from QCC and IMPACT local and regional grantees.

5. Raw data

Providing comprehensive datasets for F5CA’s future use in file format that can be imported into excel, SAS, or Microsoft SQL Server, unless otherwise specified.

Data files must be accompanied by a file layout indicating variable names and descriptions.

B. Background

Proposition 10: California Children and Families Act of 1998

In November 1998, California voters passed Proposition 10, which resulted in the creation of the California Children and Families Act of 1998 (the Act). The purpose of the Act is to promote, support, and improve the early development of children.

Health and Safety Code (HSC) 130100 (a) states, “It is the intent of this act to facilitate the creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance optimal early childhood development and to ensure that children are ready to enter school. This system should function as a network that promotes accessibility to all information and services from any entry point into the system.”

Furthermore, in HSC section 130125(j), the Act states that the powers and duties of the state Commission include, “Making recommendations to the Governor and the Legislature for changes in state laws, regulations, and services necessary or appropriate to carry out an integrated and comprehensive program of early childhood development in an effective and cost-efficient manner,” as further articulated in F5CA’s Strategic Plan.

F5CA Strategic Plan

F5CA adopted Strategic Plan, Fiscal Years 2025-28, that established F5CA’s central vision that California’s children receive the best possible start in life and thrive. F5CA seeks to achieve this vision by convening, partnering in, supporting, and helping to lead the movement to create and implement a comprehensive, integrated, and coordinated system for California’s children prenatal through age 5 and their families to optimize early childhood development. The Strategic Plan outlines F5CA’s Vision, Approach, and Theory of Change. The Strategic Plan is available on F5CA’s Web site at 2025-2028-Strategic-Plan.

https://first5california.sharepoint.com/SiteAssets/Forms/AllItems.aspx?id=%2FSiteAssets%2FSitePages%2FHome%2F2025%2D2028%2DStrategic%2DPlan%2Epdf&parent=%2FSiteAssets%2FSitePages%2FHome

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F5CA 2020–21 Children’s Policy Agenda

The F5CA 2022 Children's Policy Agenda a framework for prioritizing the Commission’s involvement in state and federal legislative and regulatory advocacy.

It prioritizes the three policy areas highlighted in F5CA’s Strategic Plan – Child Health, Early Learning, and Resilient Families and Communities – as well as revenue for children and family systems.

C. Problem Statement

The primary goal of this solicitation is to evaluate the FY 2023-27 F5CA IMPACT Legacy investment. The evaluation shall prioritize identifying efficiencies and mitigation strategies for long-term use and sustainability of access to quality supports and resources for ELC priority populations identified in the IMPACT Legacy implementation and infrastructure with equity as its foundation.

The contractor selected for this Agreement will prioritize evaluating IMPACT Legacy independently and within the QCC system, focusing on the outcomes for IMPACT Legacy priority populations, systems change/impact, and identifying the outcomes that yield the highest return on program investment. To accomplish this, the selected contractor shall have a thorough understanding of IMPACT Legacy, QCC, and expertise in the broader ELC system in California.

D. Scope of Work

The scope of work encompasses carrying out an evaluation that will focus on the implementation of the IMPACT Legacy focus areas and identify efficiencies and promising practices. In addition, the evaluation shall include how the life of F5CA IMPACT investments have helped shape the landscape of statewide quality improvement in California.

Reference Exhibit A, Scope of Work, in the Sample Agreement included as part of this RFP for a detailed description of the services and work to be performed as a result of any Agreement awarded based on this RFP. Bidders will be required to perform the tasks detailed in Exhibit A, Scope of Work. Any inconsistency or conflict between the terms and conditions in the final Agreement and the proposed terms and conditions appearing in this RFP will be resolved by giving precedence to the final Agreement. In addition, all material terms and conditions in Exhibits B, C, D, E, F, and G of the Sample Agreement are NON-NEGOTIABLE.

E. Agreement Term

The anticipated term of this Agreement is two (2) years with a start date of July 1, 2026 or upon the approval of DGS, whichever is later, through June 30, 2028. The State may exercise the option to extend the term of the Agreement for a period not to exceed (12) months and to add funds to complete the identified tasks to complete https://www.ccfc.ca.gov/pdf/about/organization/policy/2022-Childrens-Policy-Agenda.pdf

IMPACT Legacy Evaluation Services the services. In the event that F5CA exercises the option to extend the term, the costs of the additional services shall not exceed the rates or costs included in the Agreement for the original term.

The Agreement shall be of no force or effect until it is signed by both parties and approved by the DGS. The successful bidder is hereby advised not to commence performance until all approvals have been obtained. If performance commences before all approvals are obtained, these services shall be considered to have been volunteered.

F. Scope of this RFP and Bidder Admonishment

This RFP contains the instructions governing the requirements for a bidder’s eligibility, administrative and bidder response content, bid submission format, and method for evaluating bids. Bidders must submit a complete and timely bid for the bid to be considered responsive by F5CA.

To minimize the risk of submitting a non-compliant bid, the bidder should do all of the following:

• Carefully read the entire RFP.

• Ask appropriate questions in a timely manner, if clarification is necessary.

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

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

SECTION 2: RULES GOVERNING COMPETITION

A. Identification and Classification of RFP Requirements

F5CA has established certain requirements with respect to bids submitted by prospective contractors. The use of “shall” in the RFP denotes a mandatory requirement that cannot be waived by the State unless the deviation is immaterial. A deviation from a requirement is material if the response is not in substantial accord with the RFP requirements, provides an advantage to one bidder over other bidders, or has a potentially significant effect on the delivery, quantity, or quality of items bid, amount paid to the bidder, or on the cost to the state. Material deviations cannot be waived.

B. Bidding Requirements and Conditions

1. General

This RFP, the evaluation of responses, and the Agreement award shall be made in conformance with current competitive bidding procedures as they relate to the

IMPACT Legacy Evaluation Services procurement of goods and services by public bodies in the state of California. A bidder’s final bid is an irrevocable offer for 180 calendar days following the scheduled date of award specified in the Key Action Dates table found in the RFP Notice. A bidder may extend the offer in the event of a delay in Agreement award.

2. Americans with Disabilities Act Compliance

To meet and ensure compliance with the nondiscrimination requirements of Title II of the Americans with Disabilities Act (ADA), the state makes every effort to ensure its programs, activities, employment opportunities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing reasonable accommodation to participate in this procurement process, or for persons having questions regarding reasonable accommodation for any part of the procurement process, contact the Procurement Official identified on the RFP Notice. To ensure the bidder’s accommodation can be met, the Procurement Official shall receive the bidder’s request at least ten (10) business days before a scheduled event or deadline date.

If needed, the California Relay Service may be accessed at the telephone numbers below:

• Voice: (800) 735-2922

• TTY: (800) 735-2929

3. RFP Documents

In addition to an explanation of the state’s needs that must be met, this RFP includes instructions that prescribe the format and content of bids to be submitted and the model of the agreement to be executed between F5CA and the successful bidder.

If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the bidder shall immediately notify F5CA of such error in writing and request clarification or modification of the document. Modifications will be made by addenda issued pursuant to Section 2.B.7., Addenda. Such clarifications shall be given by written notice to all parties that have been furnished an RFP for bidding purposes, without divulging the source of the request. Insofar as practicable, F5CA will give such notices to other interested parties, but F5CA shall not be responsible for notifying other such parties.

If the RFP contains an error known to the bidder, or an error that reasonably should have been known, the bidder shall bid at its own risk. If the bidder fails to notify F5CA of the error prior to the bid submission date and is awarded the

IMPACT Legacy Evaluation Services

Agreement, the bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

4. Examination of the Work

The bidder should carefully examine the entire RFP and any addenda thereto, and all related materials and data referenced in the RFP or otherwise available to the bidder and should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work. Specific conditions to be examined are listed in SECTION 3, ADMINISTRATIVE REQUIREMENTS AND STATE OF CALIFORNIA

PREFERENCE PROGRAMS, and in the sample Agreement.

5. Questions Regarding the RFP

Bidders requiring clarification on the intent or content of this RFP, or on procedural matters regarding the competitive bid process, must request clarification by submitting questions in an e-mail with to RFP@first5.ca.gov.

Questions submitted to any other email address will not be accepted or receive a response. The subject line shall contain the following naming convention:

Questions Relating to RFP No. CFF 7783. Include the proposing firm’s name and address in the body of the email.

To ensure a response, questions must be received in writing by the scheduled date given in the Key Action Dates table located in the RFP Notice. Questions related to the content or process of this RFP that are submitted after the scheduled Key Action Date will not receive a response. F5CA will publish the questions as submitted, including any background information provided with the question; however, at its discretion, F5CA may paraphrase the question and background content for clarity.

Questions and answers will be posted on Cal eProcure at https://caleprocure.ca.gov/pages/index.aspx 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 mailto:RFP@First5.ca.gov

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

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.

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

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

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

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

C. Bidding Steps

1. Preparation of Bid Response

Appendix 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.

b. False or Misleading Statements

Bids that contain false or misleading statements or provide references that do not support an attribute or condition claimed by the bidder may be rejected. If in the opinion of the state such information was intended to mislead the state in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the bid.

c. Signature Authorizing Bid Submission

A cover letter is required, which shall be an integral part of the bid submission. The cover letter must be signed by an individual authorized to

IMPACT Legacy Evaluation Services contractually bind the bidding firm. The signature must indicate the title or position the individual holds in the firm. An unsigned bid will be rejected.

d. Delivery of Bid Response

The proposal must be received by F5CA in the format stated in SECTION 5, BID FORMAT REQUIREMENTS, no later than the date and time specified in the Key Action Dates table of the RFP Notice.

Proposal must be emailed to RFP@first5.ca.gov. Proposals submitted to any other email address will not be accepted.

It is the responsibility of the bidder to make sure the bid is received by F5CA within the specified time frame. F5CA assumes no responsibility for untimely delivery.

e. Withdrawal and Resubmission/Modification of Bids

A bidder may withdraw its final bid at any time prior to the bid submission date and time specified in the Key Action Dates table of the RFP Notice by submitting a written notification of withdrawal signed by the bidder authorized in accordance with Section 2.C.2.c, Signature Authorizing Bid Submission.

The bidder may thereafter submit a new or modified bid prior to the bid submission deadline. Modification offered in any other manner, oral or written, will not be considered. Bids cannot be changed or withdrawn after the time designated for receipt, except as provided in this section.

f. Clarification of Bid Response

During the evaluation of the bid response, the F5CA Bid Evaluation Team (Evaluation Team) may ask the bidder to clarify its submitted information but will not allow the bidder to change its bid.

g. Confidentiality

Final bids are public upon opening; however, the contents of all bids, correspondence, agenda, memoranda, or any other medium which discloses any aspect of a bidder’s bid will be held in confidence until the Notice of Intent to Award has been issued. Bidders should be aware that marking a document “confidential” or “proprietary” may exclude it from consideration for award.

However, if accepted for evaluation by the state, such marking in a final bid will not keep the document, after the Notice of Intent to Award, from being released as part of the public record, unless the bidder, at its sole expense, obtains a court order prohibiting the disclosure of the requested materials.

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h. Rejection of Bids

F5CA may reject any or all bids and may waive any immaterial deviation or defect in a bid. F5CA’s waiver of any immaterial deviation or defect shall in no way modify the RFP documents or excuse the bidder from full compliance with the RFP specifications if awarded the Agreement.

D. Evaluation and Selection Process

1. General

Final bids will be evaluated according to the procedures contained in SECTION

6, BID EVALUATION.

Definition of a Responsive Bidder

A Responsive Bidder submits specified requirements and criteria outlined in this solicitation. A Responsive Bidder submits a proposal that fully complies with the instructions, format guidelines, and conditions specified in this RFP. This includes providing all necessary information, documentation, and certifications as requested, demonstrating the firm’s understanding and commitment to the RFP’s requirements.

Definition of a Nonresponsive Bidder

A bidder whose submission fails to meet one or more of the specified requirements or criteria outlined in this RFP is deemed a Nonresponsive Bidder.

A Nonresponsive Bidder may have failed to provide required information, documentation, and certifications, follow the specified format, or address elements outlined in this RFP. This may include noncompliance with instructions provided in the RFP, which may result in their proposal deemed Nonresponsive or ineligible for further consideration.

2. Evaluation Questions

During the evaluation and selection process, F5CA may require the bidder to answer specific questions and provide clarification.

3. Errors in the Bid

An error in the bid may cause the rejection of the bid; however, F5CA may, at its sole discretion, retain the bid and make certain immaterial corrections. In determining if an immaterial correction will be made, F5CA will consider the conformance of the bid to the format and content required by the RFP, and any unusual complexity of the format and content required by the RFP. At its sole discretion, F5CA may correct:

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• Obvious clerical errors

• Discrepancy and arithmetic errors. The Master Copy shall have priority over additional copies

• Errors of omission: If a service or item is described in the narrative and omitted from the cost data provided in the bid for evaluation purposes, it will be interpreted to mean that the service of item will be provided by the bidder at no cost.

1. If a service or item is not mentioned at all in the bid, the bid will be interpreted to mean that the bidder does not intend to supply that service or item.

2. If a required service or item is omitted, and the omission is not discovered until after contract award, the bidder shall be required to supply that service or item at no cost. It is essential bidders carefully review the cost elements in their bid.

4. Award of Agreement

Award of Agreement, if made, will be in accordance with SECTION 6, BID EVALUATION, to a responsible bidder whose final bid complies with all the requirements of the RFP documents and any addenda thereto, except for such immaterial defects as may be waived by F5CA. F5CA reserves the right to modify or cancel, in whole or in part, the RFP prior to contract award.

5. Debriefing

A debriefing may be held after contract award, at the sole discretion of F5CA, and upon the request of any bidder, for the purpose of receiving specific information concerning the evaluation. The discussion will be primarily based on the technical and cost evaluations of the bidder’s final bid. A debriefing is not the forum to challenge the RFP specifications or requirements.

E. Other Information

1. Award Protest

Before a protest is submitted, the bidder must make full and timely use of the procedures described in this section to resolve any outstanding issue(s) between the bidder and F5CA.

An award protest is where a bidder has submitted a final bid it believes to be totally responsive to the requirements of the RFP and to be the bid that should have been selected according to the evaluation procedure in Section 6, Bid Evaluation. Upon that occurrence, if the bidder believes F5CA has incorrectly

IMPACT Legacy Evaluation Services selected another bidder for award, the bidder may submit an award protest as described below. Protests regarding selection of the “successful bidder” will be heard and resolved by DGS, whose decision will be final.

If any bidder, prior to award of the Agreement, files a protest with DGS and F5CA on the grounds that the protesting bidder would have been awarded the contract had F5CA correctly applied the evaluation standard in the RFP, or if F5CA followed the evaluation and scoring methods in the RFP, the Agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter. It is suggested that a protesting bidder submit any protest by certified or registered mail unless delivered in person, in which case the protesting bidder should obtain a receipt of delivery.

Within five (5) days after filing the initial protest, the protesting bidder shall file a detailed statement specifying the grounds for the protest with DGS and

F5CA.

The detailed statement must be made in writing, signed by an individual who has contractual authority to bind the company, contain a statement of the reason(s) for protest, and cite the law, rule, regulation, and/or procedures on which the protest is based. The protesting bidder must provide facts and evidence to support the claim. Protests must include the RFP number and be mailed, hand-delivered, or emailed to both of the following:

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, Suite 7-330 West Sacramento, CA 95605 Email: olsprotest@dgs.ca.gov

AND

First 5 California Contracts and Procurement Office 2399 Gateway Oaks Drive, Suite 120 Sacramento, CA 95833 Email: RFP@first5.ca.gov

2. News Releases

Any publications or news releases relating to an Agreement resulting from this RFP shall not be made without prior written approval from the Procurement Official listed on the RFP Notice.

mailto:olsprotest@dgs.ca.gov

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3. Inspecting or Obtaining Copies of Bids

a. Who can inspect or copy bid materials

Any person or member of the public can inspect or obtain copies of bid materials.

b. What can be inspected/copied and when

On or after F5CA releases the Notice of Intent to Award, all bids and evaluation sheets become public records. These records shall be available for review, inspection, and copying during normal business hours by appointment only.

c. Inspecting or obtaining copies of bid materials

Persons wishing to inspect any bid materials must identify the items to be inspected and must make an appointment by contacting F5CA at

(916) 263-1050. Original bid materials will not be released from F5CA premises.

Persons wishing to obtain copies of bid materials must submit a written request to F5CA. The requestor must identify the items to be copied.

Submit copy requests as follows:

Request for Copies of RFP No. CFF 7783 Materials First 5 California 2399 Gateway Oaks Drive, Suite 120 Sacramento, CA 95833 Email: RFP@first5.ca.gov

Copying costs, when applicable, are charged at a rate of ten cents per page.

F5CA will provide the requestor an invoice for copied bid materials upon identification of the items to be copied and the preferred mailing method.

Unless waived by F5CA, a check covering copying and mailing costs must be received prior to fulfillment of the request.

F5CA will fulfill all copy requests as promptly as possible.

4. Disposition of Bids

All materials submitted in response to this RFP will become the property of the state and will be returned only at the state’s option and at the bidder’s expense.

At a minimum, the master copy shall be retained for official files and will become a public record after the Notice of Intent to Award as specified in the Key Action Dates table of the RFP Notice.

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SECTION 3: ADMINISTRATIVE REQUIREMENTS AND STATE

OF CALIFORNIA PREFERENCE PROGRAMS

This section of the RFP presents all administrative requirements a bidder must include in its bid response. The administrative requirements include requirements for complying with State of California laws and regulations and state preference programs.

This section is divided into the following parts:

• Administrative Requirements o Mandatory Response Areas o Required Forms

• State of California Preference Programs o Target Area Contract Preference Act (TACPA) o Disabled Veteran Business Enterprise (DVBE) Program o Small Business (SB) Preference o Commercially Useful Function (CUF)

A. Administrative Requirements

1. Mandatory Response Areas

The following are the mandatory response areas:

• The bidder shall follow the actions and deadlines as specified in the Key Action Dates table of the RFP Notice.

• The bidder shall commit to fulfill all requirements in SECTION 3, ADMINISTRATIVE REQUIREMENTS AND STATE OF CALIFORNIA

PREFERENCE PROGRAMS, and Exhibit A, Scope of Work of this RFP.

• The bidder shall follow the format instructions as specified in SECTION 5, BID FORMAT REQUIREMENTS, of this RFP.

2. Required Forms

The requirements below present required forms the bidder must complete and include with its bid response. In addition to the required forms, a responsive bid shall include all attachments and components as listed on Attachment 1, Required Bid Submission Checklist.

• Signed Cover Letter

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• Required Bid Submission Checklist (Attachment 1)

• Bid/Bidder Certification Sheet (Attachment 2)

• STD 204 - Payee Data Record (Attachment 3)

• STD 205 - Payee Data Record Supplement (Attachment 3), if applicable

• Contractor Certification Clauses (CCC 04/2017)(Attachment 4)

• Guaranty Requirements (Attachment 5)

• Conflict of Interest Compliance Certificate (Attachment 6)

• Darfur Contracting Act Certification (Attachment 7)

• Bidder Declaration (Attachment 8)

When completing the GSPD-05-105 Form, bidders must identify all subcontractors proposed for participation in the Agreement. The Bidder awarded the Agreement is contractually obligated to use the subcontractors for the corresponding work identified unless F5CA agrees to a substitution, and it is incorporated into the Agreement by amendment.

• TACPA Preference Claim Form (Attachment 9)

• DVBE Participation Incentive Claim Form (Attachment 10)

• Disabled Veteran Business Enterprise Declarations (STD. 843) (Attachment 11)

• Small Business Preference Claim Form (Attachment 12)

• California Civil Rights Laws Attachment (Attachment 13)

• Iran Contracting Act Verification Form (Attachment 14)

• Commercially Useful Function (CUF) Certification (Attachment 15)

• Vendor History Questionnaire (Attachment 16)

B. State of California Preference Programs

This section presents information on the following state preference programs:

• Target Area Contract Preference Act (TACPA)

• Disabled Veteran Business Enterprise (DVBE) Program https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/DGS/FMC/PDF/std205.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.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/OLS/Forms?search=Civil%20Rights&topicCategoryFilters&audienceCategoryFilters&sort=relevance&activeFilters&page=1 https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf

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• Small Business (SB) Preference

1. TACPA

Bidders are not required to apply for the TACPA preference. Denial of the TACPA preference request is not a basis for rejection of the bid.

The TACPA program was established in 1983 to stimulate economic growth and employment opportunities in designated distressed areas throughout the state of California. The Procurement Division (PD), Dispute Resolution Unit (DRU) within DGS oversees the TACPA preference program and evaluates all TACPA applications.

The TACPA preference will be granted to California-based firms, in accordance with Government Code (GC) sections 4530, et seq., whenever contracts for goods or services are in excess of $100,000.00 and the bidder meets certain requirements as defined in the California Code of Regulations (Title 2, California Code of Regulations (CCR), sections 1896.30 et seq.) regarding labor needed to provide the goods being procured. Information on this preference program can be found at Target Area Contract Preference Act on the DGS website.

To qualify for a TACPA preference, the firm must be located directly in a California eligible distressed area(s), located directly adjoining/adjacent, or contiguous to a valid TACPA Census Tract & Block Group boundary (GC 4532).

In evaluating proposals for contracts for services, the state shall award five percent (5%) preference submitted by California-based companies who demonstrate and certify under penalty of perjury that not less than ninety percent (90%) of the total labor hours required to perform the contract shall be accomplished at an identified worksite(s) located in, adjacent, or contiguous to a distressed area (GC 4534).

Bidders may also apply for an additional workforce preference of one percent (1%) to four percent (4%) if the bidder certifies under penalty of perjury to hire persons with high risk of unemployment equal to five percent (5%) to twenty percent (20%) of its workforce during the period of the contract performance (GC 4533.1).

A bidder desiring to claim this workforce preference must complete and submit forms STD 830 and DGS/PD 526 with its bid.

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

A bidder’s questions regarding this preference should be directed to:

https://www.tacpa.dgs.ca.gov/Home/About?Length=4 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

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Procurement Division - Dispute Resolution Unit P.O. Box 989052 West Sacramento, CA 95798-9052 Fax: (916) 376-6226 Email: TACPA@dgs.ca.gov

To meet this requirement, the bidder must include the following:

• TACPA Preference Claim Form (Attachment 9)

AND, if claiming the preference

• STD 830

AND

• DGS/PD 526

2. DVBE Program

For this procurement, DVBE participation must equal at least three percent (3%) 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 mailto:TACPA@dgs.ca.gov https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf 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

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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.

3. The amount and percentage of work the prime contractor committed to provide each DVBE under the Contractor and the amount each DVBE received from the prime contractor.

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

An explanation of the DVBE requirements can be found at Office of Small Business and Disabled Veteran Business Enterprise Services.

At the State’s option prior to award, bidders may be required to submit additional written clarifying information.

To meet this requirement, the bidder must do the following:

• Complete the DVBE Participation Incentive Claim Form (Attachment 10)

AND, if claiming the DVBE incentive

• Complete the DVBE Declarations form (DGS PD 843) (Attachment 11) and attach a copy of the certification from the OSDS for each participating DVBE

Bidders who claim DVBE participation but are later found to violate the DVBE program requirements shall be subject to significant sanctions. Information regarding violations is available at SB/DVBE Program Violations and Sanctions.

a. DVBE Participation Incentive Program

In accordance with Military and Veterans Code (M&VC) section 999.5(a), an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the state shall apply an incentive to bids that 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 https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Disabled%20Veteran%20Business%20Enterprise%20(DVBE)%20Program…