RFP_SFBCP2511_Agencywide_Communications__2026.05.07_FINAL.pdf

State of California Request for Proposal Number: SFBC-P-25-11

San Francisco Bay Conservation and Development Commission

375 Beale Street, Suite 510, San Francisco, California 94105 tel 415.352.3600. fax; 888.348.5190 State of California I Gavin Newsom – Governor I info@bcdc.ca.gov I www.bcdc.ca.gov

REQUEST FOR PROPOSAL

Notice to Prospective Bidders

May 7, 2026

You are invited to review and respond to this Request for Proposal (RFP), entitled SFBC-P-25-11, Agency-Wide Communications Support for the San Francisco Bay Conservation and Development Commission. In submitting your proposal, you must comply with these instructions.

Note that all Agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at the following link: Standard Contract Language (ca.gov). If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of San Francisco Bay Conservation and Development Commission, 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:

For specific questions concerning this project and RFP:

Information about BCDC is available at

BCDC’s website:

Submit question(s) to Chenee Williams

Contracts Administrator

E-mail: Chenee.Williams@bcdc.ca.gov https://www.bcdc.ca.gov/

This RFP contains a list of Key Action Dates in Section C, Bid Requirements and Information (see Page 7).

Please note that no verbal information given will be binding upon BCDC unless such information is issued in writing as an official addendum. If you have questions or should you need any clarifying information, please contact the Contracts Administrator for this RFP listed above.

Table of Contents

Section Page

A) Purpose and Description of Services…………………………………………………..…… 3

B) Bidder Minimum Qualifications……………………………………………………………… 6

C) Bid Requirements and Information…………………………………….…………………… 7

1) Key Action Dates…………………………………………………………………………. 7

2) Question and Answer Period…………………………………………………………… 7

3) Terms, Cost Detail Format, and Method of Payment………………………………… 8

4) Proposal …………………………….……………………………………………………. 8

5) Package and Submittal Instructions …………………………………………………… 8

6) Evaluation and Selection………………………………………….…………..………… 10

7) Awards and Protests…………………………………………………………………….. 11

8) Disposition of Bid………………………………………………….………..….………… 12

9) Agreement Execution and Performance ……………………….…………..….……… 12

D) Special Programs……………………………………………………………………………... 12

1) Small Business Preference……………………….…………………………………….. 12

2) Disabled Veterans Business Enterprise Program …….…………………..…………. 13

E) Required Disclosures………………………………………………………………………… 13

1) Commercially Useful Function……………………………………………………..…… 13

2) Darfur Contracting Act…………………………………………………………………… 13

3) Contractor Certification Clauses………………………………………………..………. 13

4) Economic Sanctions...…………………………………………………………..……….. 14

F) Required Attachments………………………………………………………………………... 14

A) Purpose and Description of Services

Task 1: Agency-wide Communications Support

The San Francisco Bay Conservation and Development Commission (BCDC) protects and enhances San Francisco Bay and advances its responsible, productive, and equitable use through planning, permitting, shoreline resilience, public access, and environmental justice work. Because BCDC’s mission depends on public understanding, intergovernmental coordination, and meaningful engagement with diverse communities and stakeholders, communications is a core operational and strategic function of the agency. Communications services are essential to clearly convey agency priorities, policies, programs, and decisions; support public participation and transparency; strengthen relationships with partners and the public; and ensure that BCDC’s work is accessible, timely, accurate, and responsive. The consultant will provide significant communications support for the agency. This work will be conducted at the direction of the Legislative and External Affairs Division and will support implementation of the agency’s Strategic Plan, Public Affairs Plan, Social Media Strategy, and Outreach Strategy.

Deliverables:

Develop a schedule for compleƟon of all contract deliverables, ranked by priority.

Develop a BCDC style guide and brand toolkit, with design assets, including branded PowerPoint decks, memos, and press releases, to be used throughout agency communicaƟons. The style guide shall incorporate and complement exisƟng sub-brand kits for BCDC’s Bay Adapt & RSAP programs.

Develop and provide trainings (up to 1 per year) on media relaƟons to BCDC subject maƩer experts and communicaƟons staff. The training should focus on improving interview skills, how to craŌ a message and tell a story, and how to communicate with journalists in plain language.

Provide translaƟon services in languages commonly spoken by Bay Area residents, including Spanish, Tagalog, Cantonese, Mandarin, Vietnamese, and Hindi for outreach materials, including for fact sheet-style documents (up to 5 per year).

Annually update a list of contact information relevant media outlets. Outreach and coordination with media outlets and management/preparation of press/PR requests as needed.

Develop a quarterly agency newsletter (up to 12 total) highlighting Bay Adapt, regulatory, and environmental justice news.

Provide addiƟonal communicaƟons support and related services, as assigned, to meet evolving agency prioriƟes, project demands, and operaƟonal needs.

Task 2: Regulatory Communications Support

BCDC’s Regulatory Division reviews and permits proposed projects and activities in San Francisco Bay, along its shoreline, and in the Suisun Marsh. BCDC’s Enforcement and Compliance Team assures compliance with BCDC permits and investigates reports of illegal activities in the San Francisco Bay and Suisun Marsh. The consultant will provide communications support for BCDC’s Regulatory Division and Enforcement & Compliance Team. This work will be conducted in coordination with the Legislative and External Affairs Division and will support implementation of the agency’s Strategic Plan, Public Affairs Plan, Social Media Strategy, and Outreach Strategy.

Deliverables:

Assist in the development of fact sheet-style documents (up to 6 total) for local jurisdictions and planning offices to ensure staff and permit applicants understand BCDC requirements.

Support the planning and execuƟon of trainings, site visits, and other engagement acƟviƟes (up to 2 per year) to educate public officials, stakeholders, and local communiƟes about BCDC’s mission and programs.

Provide development support for website updates, including graphic design, content development, and webpage layout (for up to 4 webpages), with a focus on content related to BCDC’s regulatory work, including communicaƟng permiƫng requirements, public access benefits, and BCDC’s jurisdicƟon. The website updates shall comply with all state website guidelines and BCDC’s Website Style Guide.

Develop social media posts (up to 6 per year) highlighƟng regulatory efforts, projects, and community partnerships.

Provide addiƟonal as-needed support for document ediƟng, mulƟmedia and graphic development.

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Task 3: Equity Communications Support

BCDC’s Environmental Justice (EJ) Team is responsible for identifying specific BCDC policies, programs, and practices that have led, or currently lead, to inequitable outcomes, and working to resolve them. The consultant will provide significant communications support, including the following deliverables. This work will be conducted in coordination with the Legislative and External Affairs Division and will support implementation of the agency’s Strategic Plan, Public Affairs Plan, Social Media Strategy, and Outreach Strategy.

Deliverables:

BCDC staff will be organizing a series of 3-5 tribal listening sessions with Bay Area tribes aimed at deepening relationships and exchanging knowledge. Consultant will assist in developing and disseminating materials needed for the listening sessions. Materials will include fact sheet-style documents (up to 4 total), and slide decks for each session. Consultant will provide logistical support for coordination of the listening sessions. Consultants will provide budget management including securing and paying stipends to tribes. $5000 is budgeted for stipends.

Develop an external communication strategy for messaging environmental justice at BCDC. Consultant will develop a communications strategy for how BCDC describes its EJ policies, programs and activities to audiences both within environmental justice communities, the broader public and permit applicants.

Consultant will assist implementation of the strategy by drafting social media posts (up to 4 per year) and providing website content and graphic design for an EJ programs page on the website.

Develop an outreach strategy and materials to improve and promote participation in existing web tools including the Community-Based Organization (CBO) mapping tool, Community Vulnerability Tool, and the CBO Directory. The consultant will develop fact sheet-style documents (up to 3 total) that communicate the value of participating to CBOs.

Develop compelling, accessible, and engaging tabling materials and an outreach event kit and activities that draw people to tabling events. Topics may include general BCDC information, sea level rise and climate change, information about the Bay, information on how and when to get a permit from BCDC, and information about environmental justice and social equity as it relates to BCDC’s mission.

Task 4: Bay Adapt and RSAP Communications Support

Bay Adapt is BCDC’s program focusing on sea level rise adaptation, focused around the Bay Adapt Joint Platform and the Regional Shoreline Adaptation Plan. The Bay Adapt program relies on deep and wide engagement with stakeholders and the public. Robust communications and outreach is important to connect and share adaptation stories around the region, celebrate regional adaptation progress, and promote trust-building and knowledge sharing, especially with vulnerable frontline communities. All communications should build on and enhance or expand the success of the existing Bay Adapt “brand.” Consultant will provide significant communications support, including the following deliverables. This work will be conducted in coordination with the Legislative and External Affairs Division and will support implementation of the agency’s Strategic Plan, Public Affairs Plan, Social Media Strategy, and Outreach Strategy.

Deliverables:

An updated communications and outreach for plan Bay Adapt and the RSAP covering the time period covered by the contract. An existing communications and outreach plan was developed in 2023. This plan should include an engagement strategy that keeps in mind the following audiences: the public, local governments, private sector, special interest groups, community-based organizations, and academics.

Content development for regular Bay Adapt communications, including social media on an as-needed basis (Up to 4 posts per year).

Website support, including recommendations for content updates including the landing page carousel, content development for the blog (up to 6 posts per year), and other limited web content development, as needed.

Graphic design, layout, imagery, and original graphics for one large report/web page or 3 smaller reports and website updates that align with the visual branding of Bay Adapt (to be determined by BCDC in conjunction with the Bay Adapt Strategy and Support consultant, see solicitation #SFBC-P-25- 12).

The Regional Shoreline Adaptation Plan has a wide audience of stakeholders who are interested in being kept informed about local planning progress, TA offerings, and key changes to RSAP requirements, among other things.

Regular and transparent communication about all things associated with the RSAP are critical for maintaining trust with the public. All communications should build on and enhance or expand the success of the existing RSAP “brand.” Consultant will provide significant communications support, including the following deliverables. This work will be conducted in coordination with the Legislative and External Affairs Division and will support implementation of the agency’s Strategic Plan, Public Affairs Plan, Social Media Strategy, and Outreach Strategy.

Deliverables:

A communications and outreach plan covering the time period covered by the contract. This plan should include an engagement strategy that keeps in mind the following audiences: the public, local governments, private sector, special interest groups, community-based organizations, and academics.

Content development for regular RSAP communications, including Constant Contact updates about things like new plan initiations and technical assistance offerings (i.e. webinars, workshops, etc.)(up to 2 per month) and social media on an as-needed basis (up to 2 posts per month).

Website support, including recommendations for content updates to better convey new and relevant information and limited web content development, as needed. This is anticipated to include one initial evaluation and set of recommendations upon commencement of the contract, and as-needed advice when website updates are needed (up to 4 times a year).

Task 5: Rising Together Annual Summit (annually, 3 total)

Rising Together is a annual summit launched by BCDC in 2024 under the Bay Adapt “brand.” It is a one-day event paired with field trips that brings together 200-300 sea level rise adaptation practitioners, the public, and other interested parties to celebrate the progress made on sea level rise adaptation throughout the Bay Area with an emphasis on the Bay Adapt Joint Platform. Consultant will provide significant support to plan and execute three years of this annual event, including the following deliverables.

Deliverables:

Strategic support on shaping each year’s summit, including identifying necessary changes to venue, agenda, messaging, or other programming, such as the annual awards. BCDC is an active partner in developing Rising Together, so this task is envisioned to be highly collaborative.

Project management for event planning, including a detailed schedule, budget, and assignment of tasks.

BCDC provides limited staff support to assist with Rising Together, but most tasks should be completed by the Consultant.

Agenda and content development for the 1-day summit and 4-5 associated field trips. This may include soliciting panel ideas, securing speakers, prepping panels, managing field trip agendas, logistics, and partners, managing the nomination and selection of awardees and the awards ceremony, or other tasks as needed.

Marketing and communications materials around the event, including emails and social media save-the-dates, regular email and social media communications around event milestones such as release of tickets, requests for nominations for awardees, reminders of logistics, recap emails, etc.; media partnerships; and photography at the event for future marketing purposes. Existing communications are done through Constant Contact, but the Consultant may propose an alternative platform for managing event logistics and communications.

Registration management, including releasing of tickets, managing registrations and waiting lists, managing VIP registrations, and managing check-in at the summit. Tickets are free, so there is no management of registration fees included in this task.

Managing summit logistics, including securing the venue, A/V setup, layout and flow of various activities during the event, wayfinding for guests, providing logistical guidance for speakers, and coordinating cleanup from the event. In the past we have used the Exploratorium as a venue and they provide assistance with a number of these services; however if the venue is changed for future events, more support by the Consultant may be necessary.

Managing gifts, food, and alcohol, including identifying appropriate “swag” for guests, securing awards for the awards ceremony, procuring food including morning coffee, lunch, and an evening reception that includes beer and wine.

Design and printing of paper materials for the event, which may include printed agendas or brochures, maps, wayfinding signs, name tags, etc.

Budget management including securing and paying contracts with vendors. The budget should also include a small honoraria for the keynote speaker and 5-8 stipends for speakers from environmental justice communities/community-based organizations.

B) Minimum Qualifications for Proposers

1) Proposals must demonstrate that the individual/firm submitting the proposal (“Proposer”) meets the following minimum qualifications to be eligible for consideration for this project:

At least 5 years providing public-sector or mission-driven communications services that include strategic planning and content production (web, newsletters/email, social, press/media).

Demonstrated experience project managing large events (at least 150+ attendees) including registration management, vendor coordination, run-of-show, and logistics.

Demonstrated ability to meet the deliverable volume with a defined workflow and turnaround times.

Provide 3 examples of comparable work completed within the last 5 years, such as: a communications/branding toolkit or style guide, webpage builds, fact sheets, or newsletters and social media content.

Provide 3 client references, preferably including a public agency or comparable entity, for similar communications and/or event work.

2) Qualified to do business in California. The Contractor must be qualified to do business in California.

3) Payee Data Record, STD Form 204. The State of California requires all parties entering into business transactions that may lead to payment(s) from the State must provide their Taxpayer Identification Number (TIN) by filling out the information requested on the Payee Data Record, Std Form 204 (Attachment #4). This is to facilitate the preparation of Form 1099 and other information required by the Internal Revenue Code, Section 6019 and the State Revenue and Taxation Code, Section 1798.15. The TIN for individual and sole proprietorships is the Social Security Number (SSN).

4) Contractor Certification Clauses (CCC) 4/2017. The Contractor must be able to certify that the firm can comply with the Contractor Certification Clauses Form (CCC) 4/2017. The CCC can be found on the following link:

Standard Contract Language (ca.gov).

C) BID REQUIREMENTS AND INFORMATION

1) Key Action Dates

The following dates are set forth for informational and planning purposes only and are subject to change:

RFP Available to Prospective Bidders Date: May 7, 2026

Deadline for Questions Date: May 14, 2026

Time: 3:00 pm

Responses to Questions Available to Prospective Bidders

Proposed Date: May 21, 2026

Final Date for Submission of Bid Date: June 4, 2026

Time: 3:00 pm

2) Question and Answer Period

Any questions regarding this RFP must be submitted in writing by May 14, 2026 at 3:00 PM, via email to the Contracts Administrator listed on Page 1 of this RFP. All questions must be received prior to the deadline for questions. Emails should include the individual's name, firm name, address, and must reference RFP SFBC-P-25-11. All answers will be posted on the Cal eProcure website. It is the responsibility of the Bidder to check the California State Contract Register at https://caleprocure.ca.gov/pages/index.aspx when inquiring about an addendum, questions, answers, and any other posts related to this RFP.

3) Terms, Cost Detail Format and Method of Payment

Term. Work on the project is expected to begin immediately upon contract execution and be completed no later than September 30, 2029. The contract will terminate in October 2029.

Cost Detail Format. The proposed rate should reflect the hourly rate(s) charged by the consultant assigned to the project and must include overhead and any indirect costs. The total proposed cost for this project is $500,000.00.

Method of Payment. The selected consultant will be reimbursed no more than once a month, on a task-completed basis; the payment rate quoted will be all-inclusive for overhead.

4) Proposal

Project Approach. A brief statement of the entire project and approach thereto as seen by the prospective consultant.

Work Plan. The Consultant shall develop a work plan and work schedule for completion. Identify each major task, necessary subtasks, and/or specific milestones by which progress can be measured and payments made. (Reference Scope of Work specified in Section A of this RFP.)

Description of Qualifications. Describe the proposed team’s qualifications specific to Section B of this RFP, Bidder Minimum Qualifications. Identify the personnel, including subcontractors’ personnel, whose expertise or experiences addresses each of the specified requirements. Proposers may identify any other qualifications they feel would be critical to the successful completion of the scope of work specific to Section A of this RFP, Purpose and Description of Services.

Cost. Cost proposal with budget breakdown and the hourly rate(s) of payment charged by the prospective consultant and his or her team that would work on the project.

Bid Opening Date: June 8, 2026

Time: 10:00 am

Interview Proposed Date: June 22-26, 2026

Evaluation of Proposal Package/Cost Proposed Date: June 29 – Jul 10, 2026

Notice of Intent to Award Proposed Date: Jul 10, 2026

Proposed Award Date Proposed Date: July 17, 2026

Term Start Date Proposed Date: September 1, 2026, or upon approval, whichever is later.

Documentation of Past Work. Two samples of documentation of the prospective consultant’s past work which most closely correspond to the scope of work being requested by BCDC, specific to Section A of this RFP, Purposes and Description of Services. Also provide contact information for one reference associated with each instance of past work for which documentation is provided.

Required Attachments. Complete and include all required attachments.

5) Packaging and Submittal Instructions

a) All proposals must be submitted under sealed cover and received by BCDC by the dates and times shown in Section (C)(1), Key Action Dates. Proposals received after this date and time will not be considered.

b) A minimum of three (3) copies of the proposal must be submitted.

c) The original proposal must be marked "ORIGINAL COPY". All documents contained in the original proposal package must have original signatures and must be signed by a person who is authorized to bind the proposing firm. All additional proposal sets may contain photocopies of the original package.

d) The proposal envelopes must be plainly marked with the RFP number and title, your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

San Francisco Bay Conservation and Development Commission Attn: Chenee Williams

375 Beale Street, Suite 510 San Francisco, CA 94105

RFP Number SFBC- P-25-11 Strategic Planning Services for the San Francisco Bay Conservation and Development Commission

Bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of a bid by contacting the BCDC Contract Administrator identified on Page 1 of this RFP.

e) If the proposal is made under a fictitious name or business title, the actual legal name of proposer must be provided. Proposals not submitted under sealed cover and marked as indicated may be rejected.

f) Bidder may modify a bid after its submission by withdrawing the original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, shall not be considered.

g) Bidder’s bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by Bidder or an authorized agent prior to the public bid opening. The bid is binding once it is opened by the State and may not be withdrawn without cause.

h) Bid must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

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

j) Costs incurred for developing proposals and in anticipation of award of the agreement are entirely the responsibility of the proposer and shall not be charged to the State of California.

k) BCDC may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package.

l) BCDC reserves the right to reject all proposals. The agency is not required to award an agreement.

m) Before submitting a response to this solicitation, bidders should review the bid, correct all errors, and confirm compliance with the RFP requirements.

n) Where applicable, Bidder must carefully examine work sites and specifications. No additions or increases to the Agreement amount will be made due to a lack of careful examination of work sites and specifications.

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

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

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

6) Evaluation and Selection

a) All bid packages properly received according to the RFP instructions on or before the bid due date and time shall be publicly opened and the rates read on the date and time specified in Section (C)(1), Key Action Dates, Bid Opening.

b) BCDC will evaluate each bid to determine compliance and adherence to all RFP requirements, as well as verification of calculations. BCDC reserves the right to request clarification of any documents submitted with this bid regarding any and/or all sections of the RFP.

c) The bidder that meets the minimum qualifications will be evaluated and scored according to the criteria indicated below. A minimum of 60 points must be achieved, based on a sum of total points achieved for the rating/scoring criteria identified below, to be considered responsive.

d) The highest scoring bidder will be awarded the contract.

e) In the event of a precise tie between the lowest responsible bid of a certified small business and a certified disabled veteran owned small business, the contract must be awarded to the disabled veteran owned business per the Department of General Services (DGS) State Contracting Manual (SCM), Section 8.21C. If a tie persists between any Bidders after the small business preference is applied, a coin toss or lot drawing shall be used to determine the contract award. The coin toss or lot drawing shall be officially witnessed and all affected bidders shall be advised of the tiebreaker method and invited to attend.

f) Bids that contain false or misleading statements, or which provide references that do not support an attribute condition claimed by the bidder, may be rejected.

Criteria to consider bidders for an interview Rating/Scoring Criteria Maximum Possible

Points

Project Approach

A brief statement of the entire project as seen by the prospective consultant.

Work Plan and Project Understanding

Understanding of the project and project requirements

Approach to project tasks and timeline

Description of Qualifications

See Section C, Item No. 4.

Cost

Cost effectiveness (rates, reasonableness, and appropriateness of proposed fees)

Cost relative to other proposers

Samples of Work

Three samples of documentation of the prospective consultant’s work which most closely corresponds to the scope of work being requested by BCDC (See Section A of this RFP, Purpose and Description of Services).

Total Points 100

Small Business Preference (If you are a certified Small Business, the proposer will be awarded 5% Preference)

DVBE (If you are certified Disabled Veterans Business Enterprise, the bidder will be awarded 5% preference)

Total Possible Points 110

7) Awards and Protests

a) Notice of the proposed award shall be posted in a public place in the office of the San Francisco Bay Conservation and Development Commission, 375 Beale Street, Suite 510, San Francisco, CA 94105 and on the following Internet site: https://www.bcdc.ca.gov, for five (5) working days prior to awarding the agreement.

b) If any proposer, prior to the award of Agreement, files a protest with the San Francisco Bay

Conservation and Development Commission and the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, email:

olsprotests@dgs.ca.gov, on the grounds that the (protesting) proposer would have been awarded the contract had the agency correctly applied the evaluation standard in the RFP, or if the agency followed the evaluation and scoring methods in the RFP, the Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

It is suggested that you submit any protest by certified or registered mail.

c) Within five (5) days after filing the initial protest, the protesting proposer shall file with the

Department of General Services, Office of Legal Services and the San Francisco Bay Conservation and Development Commission a detailed statement specifying the grounds for the protest.

d) Upon resolution of the protest and award of the Agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on page 14 or the Internet at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

e) Upon resolution of the protest and award of the Agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on page 16 or the Internet at https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract- Language#@ViewBag.JumpTo.

8) Disposition of Bids

a) Upon bid opening, all documents submitted in response to this RFP will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

b) Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.

9) Agreement Execution and Performance

a) The successful bidder(s) shall enter into an Agreement with BCDC prepared on a State of California

Standard Agreement (STD 213 form, sample attached) and shall include Exhibits A, A-1, B, D. The approval of an Agreement is contingent upon timely receipt and the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, permits and other required documents.

b) This Agreement is not valid unless and until approved by DGS or, under its delegated authority, BCDC has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board. When the Agreement is fully approved, a copy shall be forwarded to Contractor.

c) All performance under the agreement shall be completed on or before the termination date of the

Agreement.

D) Special Programs

1) Small Business Preference - https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-

Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business- Enterprise#@ViewBag.JumpTo. Section 14835 et seq. of the California Government Code requires that a five percent preference be given to bidders who qualify as a small business. The rules and regulations of this law, including the definition of small business, are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulations is available upon request. To claim the small business preference, your firm must have its principal place of business located in California, have a complete application (including proof of annual receipts) on file with the State Office of Small Business and DVBE Services (OSDS) by 4:00 p.m. on the date bids are opened, and be verified by such office. Questions regarding the preference approval process should be directed to the Office of Small Business and DVBE Services at (916) 375-4940.

2) Disabled Veteran Business Enterprise (DVBE) Participation Program

BCDC has been able to meet our 3% DVBE goals through other contracts. Therefore, BCDC has elected to waive the DVBE Participation requirement for this solicitation.

E) REQUIRED DISCLOSURES

1) Commercially Useful Function

If Bidder is a California certified small business in accordance with Government Code Sections 14837(d)(1)- (2), Bidder must address specific aspects of the legislation that requires certified small businesses to perform a commercially useful function as defined in Government Code Sections 14837(d)(4)(A)-(B). A Commercially Useful Function Certification (CUF) form is attached to this solicitation.

2) Darfur Contracting Act

Effective January 1, 2009, contracts for Non-Information Technology (Non-IT) goods or services must address the requirements of the Act. The Act was passed to preclude State agencies generally from contracting with “SCRUTINIZED” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC Section 10475.

A SCRUTINIZED company is a company doing business in Sudan as defined in PCC Section 10476.

SCRUTINIZED companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for Non-IT goods or services (PCC Section 10477(a)). PCC Section 10478(a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a SCRUTINIZED company in order to submit a bid or proposal to a State agency. A SCRUTINIZED company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the DGS according to the criteria set forth in PCC Section 10477(b).

3) Contractor Certification Clauses

The Contractor Certification Clauses (CCC) may be downloaded from the Internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language An original, signed copy of page 1 must be submitted with the bid.

Failure to submit a signed CCC shall delay approval of this Agreement.

4) Economic Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This paragraph serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctionsprograms-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

F) REQUIRED ATTACHMENTS

This RFP contains a list of Key Action Dates and Bid Requirements and Information in Section C (see Table of Contents).

All required documents are listed on Attachment 1, Bidder’s Checklist, and must be included when submitting a bid.

This RFP package includes the following documents and shall be included in the final bid submission:

1. Required Attachment Checklist

2. Proposal/Proposer Certification Sheet

3. Proposer References

4. Payee Data Record - STD 204

5. Contractor Certification Clauses (CCC 4/2017)

6. Bidder Declaration - GSPD-05-105

7. Commercially Useful Function Certification Form

8. Disabled Veteran Business Enterprise (DVBE) Declarations – DGS PD 843

9. Darfur Contracting Act

10. Sample Standard Agreement (STD 213)

a. Exhibit A – Scope of Work

b. Exhibit B – Budget Detail and Payment Provisions

c. Exhibit B -1 – Rate Sheet

d. Exhibit D – Special Terms and Conditions & Additional Provisions

The following documents are incorporated by reference and are available on the internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language. Bidder may request an electronic copy of these documents by contacting the assigned contract analyst listed below.

1. Exhibit C - General Terms and Conditions for Private Contractors (GTC 04/2017).

2. Standard Contractor Certification Clauses (CCC 04/2017)

Please ensure all required forms are completed, signed, and submitted with your proposal package. Below are instructions indicating where signatures are required on each form:

1. Required Attachment Checklist Sign where indicated at the bottom of the form.

This typically includes a signature, printed name, title, and date, confirming all documents are included.

2. Proposal/Proposer Certification Sheet Sign in the “Certification” section.

The authorized representative must provide signature, printed name, title, and date.

3. Proposer References No signature is usually required on this form unless otherwise noted.

Simply complete all reference fields.

4. Payee Data Record – STD 204 Sign in the “Certification” section at the bottom of the form.

The individual authorized to verify tax information must sign and date.

5. Contractor Certification Clauses (CCC 4/2017) Sign on the final page of the CCC packet where the certification signature block appears.

Signature, printed name, title, and date are required.

6. Bidder Declaration – GSPD-05-105 Sign at the signature block on the last page of the form.

Include signature, printed name, title, and date. Also, please sign the bottom of the page.

7. Commercially Useful Function Certification Form Sign at the certification section confirming the accuracy of provided subcontractor and CUF information.

8. Disabled Veteran Business Enterprise (DVBE) Declarations – DGS PD 843 Sign on the designated signature line certifying the DVBE status and participation.

A signature, printed name, title, and date are required.

9. Darfur Contracting Act Certification Sign in the certification area at the bottom of the form.

Signature, printed name, title, company name, and date must be included.