RFP_Solicitation_95A0082.pdf

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CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30TH STREET, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

https://dot.ca.gov/programs/procurement-and-contracts/

November 1, 2024 Request for Proposal

Notice to Prospective Proposers RFP Number 95A0082

You are invited to review and respond to this Request for Proposal (RFP) Number 95A0082, titled Traffic Safety Campaign. In submitting your proposal, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Executive Order S-02-06, the California Department of Transportation (Caltrans) and California Office of Traffic Safety (OTS) are committed to meeting the State’s 25 percent (25%) Small Business (SB) participation goal. Certified SBs, Micro Businesses (MB) are encouraged to submit bids. See Section D, Special Programs, Item 1, in this RFP for requirements.

Caltrans set an overall annual DBE goal comprising of both race neutral and race conscious elements. Caltrans wants to encourage DBE to submit proposals to ensure equal participation for DBE groups specified in 49 Code of Federal Regulations (CFR) 26.5, for Agreements financed in whole or in part with Federal funds.

Note that all Agreements entered into with Caltrans and OTS will include, by reference, General Terms and Conditions (GTC 04/2017) and Contract Certification Clauses (CCC 04/2017) that must be downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language. Page one must be signed and submitted prior to the award of the Agreement.

The designated contact person for this RFP is:

Roberto Ramirez Department of Transportation Email address: roberto.ramirez@dot.ca.gov Phone: (279) 234-2415 https://dot.ca.gov/programs/procurement-and-contracts/ https://dot.ca.gov/programs/procurement-and-contracts/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language file://ct.dot.ca.gov/dfshq/HR/DPAC/users/s155571/1.%20Open%20Contracts/95A0082%20Traffic%20Safety%20Campaign/03%20Solicitation/roberto.ramirez@dot.ca.gov

Please note that no verbal information given will be binding upon Caltrans and the OTS unless such information is issued in writing as an official addendum.

Technical questions regarding this solicitation will be addressed, in writing, in accordance with the Questions and Answers portion of this RFP. See Section C.4 Questions and Answers for more details.

Sincerely, ROBERTO RAMIREZ

Contract Analyst

Caltrans RFP Number 95A0082

Table of Contents

Section Page

A) Purpose and Description of Service 1

B) Minimum Qualifications for Proposers 1

C) Proposal Requirements and Information 1

1. Time Schedule 1

2. Optional Pre-Proposal Conference 1

3. Questions and Answers 2

4. Technical Proposal Requirements 2

5. Cost Proposal Requirements 6

6. California Civil Rights Laws 7

7. Darfur Contracting Act 7

8. Iran Contracting Act 8

9. Executive Order N-6-22 – Russia Sanctions 8

10. GenAI Disclosure 8

11. Standard Title VI/Nondiscrimination Assurances (United States

Department of Transportation DOT Order No. 1050.2A) 8

12. Mandatory Organic Waste Recycling 9

13. Submission of Proposal 9

14. Evaluation Process 11

15. Pre-Award Audit 12

16. Award and Protest 13

17. Disposition of Proposals 14

18. Standard Conditions of Service 14

D) Special Program(s) Disadvantaged Business Enterprise (DBE) Program 15 Small Business Enterprise or Microbusiness Preference 16

Attachments

1 Cost Proposal Worksheet 2A Key Personnel Hours Table (Sample) 2B Sample Reference Form 3 Proposal/Proposer Certification Sheet 4 Required Attachment Checklist

5 Criteria for Evaluation of Consultant–Technical Proposal Evaluation 6 Criteria for Evaluation of Consultant Oral Presentation 7 Criteria for Evaluation of Consultant Cost Proposal 8 Accounting and Audit Guidelines 9 Proposed Form of Agreement

A) Purpose and Description of Services

Refer to the Proposed Form of Agreement, which is attached to this RFP as Attachment 9 Exhibit A) for a more complete description of services.

B) Minimum Qualifications for Proposers

1. The Prime Contractor or its parent company must have a minimum of five (5) years’ experience in Public Relations.

2. If the Proposal includes the use of a Media Buying House, the Media Buying House must have at least five (5) years of Media Buying experience.

3. The Prime Contractor’s Project Manager must have at least five (5) years of related experience in advertising, marketing, public outreach, and community involvement.

4. The Proposer’s team must have completed a minimum of two (2) statewide, but not limited to

State agencies, advertising campaigns with an average annual gross media budget of not less than one and a half (1.5) million dollars. Advertising campaigns are not limited to California or state/government agencies.

5. The Proposer (Prime Contractor) must have an office location in the State of California.

C) Proposal Requirements and Information

1. Time Schedule 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

Event Date Time

(Pacific Time)

RFP available to prospective proposers 11/01/2024 Pre-Proposal Conference/Teleconference 11/07/2024 10:00 a.m.

Written Question Submittal 11/14/2024 Final Date for Proposal Submission 12/03/2024 2:00 PM Oral Interviews (estimate) Week of 12/16/2024 Posting of Notice of Intent to Award (estimate) Week of 12/23/2024 Proposed Agreement Award Date (estimate) Week of 12/30/2024

2. Optional Pre-Proposal Conference An optional pre-proposal telephone conference will be held on Thursday, November 7th at 10 a.m.

for the purpose of discussing this RFP.

Teleconference Dial-In Number: 408-418-9388 Participant Code: 2485 681 4021

An authorized representative may attend the optional pre-proposal teleconference on behalf of a potential prime contractor. The representative may only sign-in for one (1) company.

Subcontractors may not represent a potential prime contractor at optional pre-proposal conference.

For proposers who need assistance due to a physical impairment, a reasonable accommodation will be provided upon request for the optional pre-proposal conference. The proposer must call the designated Contract Analyst no later than the fifth working day prior to the scheduled date and time of the Pre-Proposal Conference to arrange for a reasonable accommodation.

3. Questions and Answers

A. Questions regarding this RFP must be submitted in writing by 11/14/2024. Proposers are encouraged to submit their written questions via e-mail to roberto.ramirez@dot.ca.gov.

Written questions must include the individual's name, Firm Name, complete address, and must reference RFP No. 95A0082. Questions must be sent to one of the following:

Email: roberto.ramirez@dot.ca.gov Or mail to:

California Department of Transportation (Caltrans) Division of Procurement and Contracts Attention: Roberto Ramirez 1727 30th Street, MS 65 Sacramento, CA 95816-7006

Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the proposer to access the website for any changes or Addenda that may be posted. Refer to this RFP, Section C.1, Time Schedule, for the schedule of events and dates/times. It is the responsibility of the proposer to check Cal eProcure for all addenda. Proposer can contact the Contract Analyst named above.

4. Technical Proposal Requirements

A. An original proposal marked "ORIGINAL COPY" and one (1) pdf copy on a thumb drive will be required for the Technical Proposal. Each Technical Proposal shall contain at a minimum, all required items listed below. Each requirement’s location must be listed in a Technical Proposal, Table of Contents. Also see RFP Section C) 13, Submission of Proposal, for submittal details.

1) Section 1. Introduction and Minimum Qualifications: Proposer shall:

a. Introduce its team and summarize the highlights of the proposal.

• The following personnel are required for the duration of the contract:

o Project Manager: Senior level leadership and oversight that has comprehensive management, execution and fulfillment of services performed under the Scope of Work.

o Account Manager: Key point of contact that provides overall day-to-day account oversight across all work performed by subcontractors, vendors, and contractor personnel. Acts as principal manager for execution of tasks and deliverables. Coordinates, attends, and manages meetings to discuss and coordinate all activities.

o Media Buyer: Develops paid media plans and engages directly with advertising channels to allocate cost-effective approaches to deliver messages through traditional and digital channels.

o Support Staff/Interim: Support account manager with administrative tasks like scheduling and coordinating meetings.

b. Provide the information to demonstrate the minimum qualifications listed in RFP Section B) Minimum Qualifications for Proposers.

2) Section 2. Project Management: Proposer shall:

a. Designate, by name, the Project Manager to be employed. Project Manager shall be responsible for implementing the Scope of Work, overseeing the activities of the project team, and shall be the single point of contact for this contract. The Project Manager must be available to the OTS and Caltrans as needed to effectively manage this contract. The selected Contractor shall not cause the substitution of the Project Manager without prior written approval of the OTS and Caltrans.

https://caleprocure.com/pages/index.aspx

b. Explain how the various tasks will be managed and coordinated, and how the project manager’s technical expertise will support the effective management and coordination of all the activities described in the Scope of Work.

c. Provide an organizational flow chart showing the hierarchy of the proposer’s team personnel that will be utilized during the term of the Agreement. The chart must show the relationship between the Project Manager and personnel of the proposer’s organization and other parties (including subcontractors) to the proposal.

3) Section 3. Personnel: This Section of the Technical Proposal shall identify the proposed team and key personnel. Key personnel shall have experience with, and in-depth knowledge of, techniques and procedures necessary to accomplish the various tasks listed in Attachment 9 (Proposed Form of Agreement), Exhibit A, Scope of Work.

a. Identify all key personnel of the prime contractor who will be working under the

Agreement and provide a brief (two (2) pages maximum per resume) resume for each key personnel. Include titles, education, proposed roles and responsibilities, summaries with dates of similar work experience performed.

b. Introduce the proposed subcontractor organizations, if any, and provide qualifications, roles, and responsibilities for the company/organization as a whole.

Provide brief (two pages maximum) resumes for each of the subcontractors’ key personnel listed to provide services under the Agreement. Include titles, education, proposed roles and responsibilities, summaries with dates of similar work experience performed. (The cost of the subcontracted work is to be itemized in Attachment 1, Cost Proposal as described below in Cost Proposal Requirements.)

c. Proposer shall provide a table in the format provided on Attachment 2A indicating how many hours each key personnel will be assigned for the Agreements and what task(s) each key personnel will perform. All key personnel of prime contractor and subcontractors assigned to the contract and listed in the Proposer’s Technical Proposal must be identified by name, title, and Firm Name in the table (Attachment 2A). Hours listed for key personnel on the table should match hours listed for key personnel in the Cost Proposal.

d. The selected contractor shall not substitute the listed key personnel or subcontractors without prior written approval by the OTS and Caltrans Contract Managers.

4) Section 4. Qualifications and Experience: Proposer shall:

a. Document the project team’s qualifications as they apply to performing the tasks described in the Scope of Work. Describe recently completed work as it relates to this scope of work.

b. Provide a table or matrix of relevant, previous contracts or projects cross-referenced with the requested services. Indicate the number of years of experience in each area.

c. Provide three (3) samples of relevant work experience for the following tasks: one work sample of grassroots outreach and engagement activities, one work sample of a statewide advertising campaign and paid media plan, and one work sample of a collaborative partnership to establish ongoing awareness and outreach to an identified target audience.

5) Section 5. Work Plan: Proposer shall provide a work plan for task completion. The work plan shall identify each major task, necessary subtasks, and specific milestones by which progress can be measured and payments made. The work plan shall provide a detailed description of the techniques, approaches, and methods to be used in performing the services (tasks and sub-tasks) listed in Attachment 9 (Proposed Form of Agreement), Exhibit A, Scope of Work. The work plan shall specify the hours to accomplish each task.

a. The Proposer must demonstrate a clear understanding of the OTS and Caltrans’ goals and objectives to educate and raise awareness about traffic safety and highway work zone safety, and a proposed approach for each of the tasks in the Scope of Work. The Proposer must have a detailed description of not only what work will be performed, but also how task deliverables will be completed by which progress can be measured and the methods the Proposer will use to achieve objectives outlined in the Scope of Work.

b. The methodology shall be described in sufficient detail to the OTS and Caltrans staff to evaluate methods to perform various tasks and allocate resources among staff and/or subcontractors, as well as see the creative strategy in the implementation of the Scope of Work. The proposed work plan must provide detail on media relations strategies designed to proactively raise awareness during campaign periods and important traffic safety messaging described in the Scope of Work. The proposed work plan shall indicate measurements of success and other evaluation methods such as key performance indicators that evaluate the impact of the work plan and the effectiveness of strategies implemented.

c. The Proposer shall outline marketing strategies and tactics to produce a statewide campaign utilizing the most appropriate and effective channels for communicating with target audiences as identified through research and testing. Messaging shall be in English as well as in other languages to effectively reach the target audiences of the campaigns identified in the Scope of Work.

The Proposer must incorporate the following components, (Items 1-5), in its Work Plan:

Item 1: Creative Production and Collateral

a. Advertising Production/Collateral: The proposer shall demonstrate its ability, or the ability of its intended subcontractor, to produce and execute a print, internet, and television broadcast advertising program in Spanish and English. The proposer shall include recommendations for creative, cost-effective, appropriate collateral materials that may include, but are not limited to: brochures, videos, audios, print pieces, website, and newsletters to support the Caltrans highway safety campaign, while complying with the Governor’s Executive Order B-06-11 issued April 26, 2011.

b. Creative Outreach Teens: The proposer shall demonstrate its ability, or the ability of its intended subcontractor, to incorporate creative ideas into the highway safety messages and educational advertisement materials for teen audiences. The proposer shall include the proposed creative to correlate with high school and teen social media outreach.

c. Creative Outreach General and Spanish: The proposer shall demonstrate its ability, or the ability of its intended subcontractor, to incorporate creative ideas into:

i. “Go Safely California,” safety messages,

ii. “Slow the Fast Down” safety messages,

iii. “Be Work Zone Alert/ Move Over” safety messages.

Item 2: Media, Outreach and Engagement Strategic Communications Plan

a. Details the creative strategy, including goals, key messages, objectives, tactics, and target audiences.

https://archive.gov.ca.gov/archive/gov39/2011/04/26/news17008/index.html

b. The plan shall establish how the Proposer will achieve the goals of the

OTS and Caltrans Public Affairs programs outlined in the Scope of Work, and the focus and direction of messages and methods of communication for each task.

c. The plan shall include a scalable Strategic Communications Plan that may be reviewed on an annual basis to make sure the Plan is adaptable to the ever-changing landscape of communication methods and new communications tools.

d. The plan shall include how the tasks, activities and deliverables outlined in the Scope of Work will be tracked and performed over the duration of Agreement. For example, the Plan must include key performance indicators (KPIs) and evaluation methods that measure the outcomes and success of media, outreach, and engagement strategies.

Item 3: Local, Regional, State and National Partnership Media Plan

a) Detail creative strategy, tactics, objectives and goals for executing partnerships with industry groups and other state, local or regional agencies on joint traffic safety campaigns or traffic safety education initiatives.

b) State partners are defined as within the California State Transportation Agency (CalSTA), such as the California Highway Patrol (CHP), Department of Motor Vehicles (DMV), and California Transportation Commission (CTC), as well as any state department.

c) Regional partners are defined as regional agencies or joint powers authority (e.g. regional transit and metropolitan planning organizations) but may also include state association groups such as the California State Association of Counties, California League of Cities, or state hospital systems.

d) National partners are defined as traffic safety non-profits, organizations, and advocacy groups serving the public at the national level such as Mothers Against Drunk Driving (MADD), Impact Teen Drivers, Safe Kids Worldwide, National Safety Council, and Families for Safer Streets.

e) Plan shall include how the OTS and Caltrans could support traffic safety initiatives by industry groups, other state, local or regional agencies in their respective jurisdiction. For example, working with a transit agency on a campaign that sponsors free ride days demonstrating the importance of planning ahead and choosing alternative transportation after drinking. Another example would be a partnership with statewide hospital systems to raise awareness about drug-impaired driving and importance of emergency medical response in crashes.

Item 4: Statewide Multicultural Plan

a. Details strategies and tactics to establish new partnerships with organizations that work to connect with underserved communities.

b. Shall include efforts to target historically underserved populations overrepresented in traffic data including Hispanic, African American, and Native American/Alaskan Native communities. Traffic data should be reflected in the need for additional outreach and engagement in specific communities.

c. Shall include measurements of success and other evaluation methods

(e.g. KPIs) which may include community-based organizations reached, partnerships created, materials distributed, event participation and reach, website visits, downloads and clicks, earned media efforts through news/media coverage, and information materials developed.

Item 5: Strategic Communications Plan

a. Detail strategic communications plan for community-based organizations (CBOs) to post co-branded traffic safety social media content on the organization’s social media channels, distribute informational materials, display digital content on the organization’s website, and publish traffic safety themed articles in ethnic media publications.

b. The strategic communications plan shall include tactics to conduct outreach to CBOs for paid media placements in different areas of the State.

6) Section 6. Facilities and Resources: This section shall:

a. Identify the location of the prime contractor and subcontractor’s headquarters and satellite office(s) and proposed methods of minimizing costs to the OTS and Caltrans.

b. Describe the facilities, infrastructure, and resources available to the team.

c. Describe organizational flexibility in resource allocation to deal with potential unforeseen issues and circumstances, in the interest of completing the project on time.

d. Describe the organizational strategy and tools to facilitate, promote, and maintain effective team work internally, and with clients.

7) Section 7. References: Proposer shall provide three (3) references written by the client the proposer has performed previous work for. Each of the references must be for previous work on a statewide advertising campaign and paid media plan, collaborative partnership to establish ongoing awareness and outreach to an identified target audiences or grassroots outreach and engagement activities, within the last five (5) years. Each reference must be in the format listed in Attachment 2B.

a. Page Headers and Page Numbering

All pages of the Technical Proposal, including cover pages, Table of Contents, references, and resumes, shall have the following header and page numbering format in the upper right-hand corner:

Technical Proposal Date:

Agreement: 95A0082 Attachment 2 Page # of ##

b. Brochures, thumb drives, drawings, and other promotional documents being submitted with the Technical Proposals shall be clearly identified as to the name of the proposer and the RFP number.

5. Cost Proposal Requirements A. Cost Proposal, and only the Cost Proposal, shall list all items that will be charged to the OTS and Caltrans for this Agreement. Cost information of any kind for this Agreement is not allowed in the Technical Proposal. Cost Proposal shall include both prime contractor and all subcontractors cost information. Cost Proposals shall follow the format provided in the sample Cost Proposal Worksheet, Attachment 1, and shall be submitted along with Technical Proposal in one (1) sealed envelope. The total amount of the Agreement may not exceed the amount set forth in Attachment 1. Any proposal in excess of $39,000,000.00 shall be deemed non-responsive.

B. An original proposal marked "ORIGINAL COPY" and one (1) pdf copy on a thumb drive is required for the Cost Proposal. Each Cost Proposal shall contain at a minimum, all required items listed below:

1) Cover page in the format listed on page 1 of Attachment 1, Cost Proposal

Worksheet.

2) Prime Contractor’s cost breakdown in the format listed on page 2 of Attachment 1, Cost Proposal Worksheet.

3) Each subcontractor’s cost breakdown (separately) in the format listed on page 3 of

Attachment 1, Cost Proposal Worksheet.

C. Page Headers and Page Numbering

All pages of the Cost Proposal, including cover pages, Table of Contents shall have the following header and page numbering format in the upper right-hand corner:

Cost Proposal Date Agreement No. 95A0082 Attachment 1 Page # of ##

6. California Civil Rights Laws Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a State agency with respect to any contract in the amount of $100,000 or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification and submit with bid. The California Civil Rights Laws Certification (ADM-0076) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076.

7. Darfur Contracting Act A. The Darfur Contracting Act (Pub. Cont. Code Sections 10475-10481) applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. All bidders shall complete the Darfur Contracting Act Certification form and submit with bid. The Darfur Contracting Act Certification (ADM-0077) must be downloaded at http://cefs2.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077.

B. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, complete Option 1 on the Darfur Contracting Act Certification.

C. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (Pub. Cont. Code Section 10477(a)).

https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076 http://cefs2.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077

D. Therefore, Public Contract Code Section 10478(a) requires a company that currently has (or within the previous three (3) years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency.

E. 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 Department of General Services (DGS) according to the criteria set forth in Public Contract Code Section 10477(b).

8. Iran Contracting Act A. Pursuant to the Iran Contracting Act of 2010 (Pub. Cont. Code Sections 2200 et seq., hereinafter “the Act”), persons identified on the list established under Public Contract Code Section 2202.5 (hereinafter, “List”) are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the State for goods or services of one million dollars or more.

B. The winning proposer must complete and submit to Caltrans as part of the Agreement award process, the Iran Contracting Act Certification, certifying that it is not on the most current List unless the person is exempted from the certification requirement by Public Contract Code Section 2203(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or

(d) with its bid or proposal. The Iran Contracting Act Certification (ADM-0078) can be previewed at http://cefs2.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0078.

C. Any person, for a contract that is exempt from bidding or is renewed, or for whom a contract is otherwise awarded by the State, must complete and submit to Caltrans the Iran Contracting Act Certification, certifying that it is not on the most current List, before the contract has been executed by the parties, unless the person is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d), before execution of the contract.

9. 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 unless the contract has been Federalized (i.e.

there is federal participation in any phase). By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. 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 rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

10. GenAI Disclosure The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State 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.

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Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), 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.

11. Standard Title VI/Nondiscrimination Assurances (DOT Order No. 1050.2A)

Caltrans, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 USC Sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

12. Mandatory Organic Waste Recycling The Contractor generating organic waste or commercial solid waste shall comply with Senate Bill 1383 (Lara) of 2016, also Contractor will arrange for the recycling services required by this Section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction's franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit, or abrogate the contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Section 42649.8 et seq.

13. Submission of Proposal A. Proposals should provide straightforward and concise descriptions of the proposer's ability to satisfy the requirements of this RFP. The proposal must be complete and accurate.

Omissions, inaccuracies or misstatements may be sufficient cause for rejection of a proposal or reduction in points/score during evaluation.

B. The original proposal must be single sided and 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.

C. The OTS and Caltrans does not accept alternate Agreement 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 04/2017) are not negotiable. The GTC 04/2017 may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

D. All proposals shall include the documents identified in this RFP’s Required Attachment Checklist, Attachment 4. Proposals not including the proper "required attachments" may be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

E. Responses to this RFP shall be submitted in one (1) sealed package/envelope containing both the Technical Proposal – Original and one (1) pdf copy on a thumb drive, and Cost Proposal – Original, and one (1) pdf copy on a thumb drive.

F. Proposals must be submitted no later than 2:00 p.m., 12/03/2024, and addressed as follows (reference Section C1, Time Schedule):

Proposals received after this time and date will be rejected and returned unopened.

The proposal package/envelope must be plainly marked with the RFP number and title, your Firm Name, address, and must be marked with "DO NOT OPEN", as shown in the following example:

Agency/Firm Name https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Address RFP Number 95A0082 RFP Title Traffic Safety Campaign Do Not Open

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

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

H. Proposals (Technical and Cost) must be sealed and labeled (as instructed below). Mail or deliver package to the following location:

Mailed or *Deliver To:

Department of Transportation Division of Procurement and Contracts Attention: Roberto Ramirez 1727 30th Street, MS 65 Sacramento, CA 95816-7006

In the upper portion of the sealed mailing envelope, label outer package:

RFP Number 95A0082 RFP Title Traffic Safety Campaign Firm Name: (Add firm name)

DO NOT OPEN

*If your proposal is hand delivered, you must date, and time stamp it immediately upon arrival. The date/time stamp machine is located in the lobby of the first floor to the right of the security guard station at the address noted above. After date/time stamping, proposals should be placed in the locked bid cabinet located below the time stamp. If the proposal package is too large to be electronically stamped, date/time stamp one of the labels provided and attach it to the proposal package. When the proposal package is too large for the locked bid cabinet, ask the security guard to call the Division of Procurement and Contracts (DPAC) reception desk at (916) 227-6000 to have your proposal package picked up by DPAC staff.

I. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The OTS and Caltrans may reject a proposal that is not responsive, does not meet the technical standards, or is not from a responsible proposer, or may reject all proposals. The OTS and Caltrans may also waive any immaterial deviation in a proposal. The OTS and Caltrans waiver of immaterial defect shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if the proposer is awarded the Agreement.

J. Costs 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. Only an individual who is authorized to contractually bind the proposing firm shall sign the Proposal/Proposer Certification Sheet, Attachment 5. The signature must indicate the title or position that the individual holds in the firm. The proposer’s proposal may be rejected if the Proposal/Proposer Certification Sheet is not signed.

L. A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline. Proposal modifications offered in any other manner, oral or written, will not be considered.

M. A proposer may withdraw its proposal by submitting a written withdrawal request to Caltrans that is signed by the proposer or an authorized agent. A proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

N. The OTS and Caltrans may modify the RFP up to the specified time of the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package. All addenda prior to the submission deadline are also posted on Cal eProcure at https://caleprocure.com/pages/index.aspx.

O. The OTS and Caltrans reserves the right to reject all proposals for reasonable cause.

P. Proposers are cautioned to not rely on Caltrans during the evaluation to discover and report to the proposer any defects and errors in the submitted documents. Before submitting their documents, proposers should carefully proof them for errors and adherence to the RFP requirements.

Q. Where applicable, proposer should carefully examine work sites and specifications.

Proposer shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

R. More than one (1) proposal or a proposal that includes various options or alternatives from an individual, firm, partnership, corporation, or association under the same or different names, will be rejected. Reasonable grounds for believing that any proposer has submitted more than one (1) proposal for the work contemplated herein will cause the rejection of all proposals submitted by that proposer. If there is reason for believing that collusion exists among the proposers, none of the participants in such collusion will be considered in this or future procurements.

14. Evaluation Process A. Format Requirements

1) At the time of proposal opening, each proposal will be checked for the presence and/or absence of required information in conformance with the submission requirements of this RFP. Proposals that do not provide requested information may be rejected as non-responsive.

2) Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the proposer, shall be rejected.

B. Evaluation of Proposals

1) The OTS and Caltrans will evaluate each proposal to determine its responsiveness to the OTS and Caltrans needs. Proposals meeting the Minimum Qualifications will be further assessed by an evaluation committee. Technical Proposals and Oral Presentations of Proposers that are determined to be responsive will be rated by the evaluation committee using a consensus process. The Consensus scoring will be based on the scoring method listed below:

Evaluation Factor/Sub Factor Weight (as stated in the Criteria for Evaluation)

X Consensus Rating = Weighted Score https://caleprocure.com/pages/index.aspx

Consensus Rating (Range: 0-4) Rating Definitions

4 Exceeded All Requirements 3 Partially Exceeded Requirements 2 Met All Requirements 1 Partially Met Requirements 0 Requirements Not Met

Example only: Weight Consensus Rating

Weighted Score

Contractor's Approach to Technical Work 2 X 3 = 6

2) Phase 1: Technical Proposal Evaluation Technical Proposals that are determined to be responsive and meet the proposal submission requirements will be evaluated and scored in accordance with Criteria for Evaluation of Proposer’s Technical Proposal, Attachment 5

3) Phase 2: Oral Presentation and Evaluation Proposers will be contacted to schedule a date and time for the Oral Presentation. The Oral Presentations will be evaluated and scored in accordance with Criteria for Evaluation of Proposer’s Oral Presentation, Attachment 6 It is anticipated that the Oral Presentations will be virtually.

4) Cost Proposal Evaluation Cost Proposals that meet the proposal submission requirements will be evaluated and scored in accordance with Criteria for Evaluation of Proposer’s Cost Proposal, Attachment 7.

5) The final proposal score will be the combined evaluation scores from the Technical Proposal, Oral Presentation, Cost Proposal, any applicable preference points set forth in this RFP. The Agreement will be awarded to the Proposer with the highest combined score who meets the requirements outlined in this RFP, pending approval by Caltrans’ Business Enterprise Program, of that proposal’s satisfactory compliance of DBE requirements, Small Business participation and approval of any applicable Preference and Incentive Programs set forth in this RFP.

C. Miscellaneous Award Issues The OTS and Caltrans does not negotiate rates and/or costs listed on any Cost Proposal submitted for the RFP.

If no proposals are received containing bids offering a price, which in the opinion of the

OTS and Caltrans is a reasonable price, the OTS and Caltrans are not required to award an Agreement (Pub. Cont. Code Section 10344[d]).

The proposer is advised that should this RFP result in an award of an Agreement, the Agreement will not be in force and no work shall be performed until the Agreement is fully approved by the OTS, Caltrans, and DGS and the proposer is notified by the Contract Manager to begin work.

In the event of a precise tie, lots will be drawn to determine the successful proposer, or if applicable, the tie will be broken in accordance with Government Code Section 14838(f).

Factor/Sub Factor

15. Pre-Award Audit

Prior to award of the Agreement, a pre-award audit may be performed. The pre-award audit will be conducted in accordance with generally accepted governmental auditing standards as promulgated by the United States General Accounting Office. The scope of the audit will consist of such tests as the auditors consider necessary to assure that the proposal satisfactorily meets the requirements outlined in Items 1-3 below prior to execution of the Agreement. Upon completion of a pre-award audit, if, in Caltrans judgment, one or more of these requirements is not satisfactorily met, Agreement award may be canceled.

A. At the time of the pre-award audit, the proposal must demonstrate through actual historical data that its accounting system is capable of accumulating and segregating reasonable, allocable, and allowable costs. For new businesses, if actual historical data is unavailable or the accounting system is newly implemented, the system will be tested to determine whether the accounting system is adequate and, if necessary, recommend that an interim audit be performed. At a minimum, the proposal must have an accounting system that meets the following objectives:

The ability to record and report financial data in accordance with generally accepted accounting principles and the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulations System (FAR), Chapter 1, Part 31.

The ability to accumulate and segregate reasonable, allocable and allowable costs through the use of a cost accounting system.

A system of record keeping ensuring costs billed to the OTS and Caltrans will be supported by adequate documentation and in compliance with the terms of the Agreement and applicable Federal and State regulations.

Procedures to retain accounting records and source documentation as required by the terms of the Agreement and applicable Federal and State regulations.

A system of internal control, which provides reasonable assurance that assets are protected; financial data, records and statements are reliable; and errors and irregularities are promptly discovered, reported and corrected.

B. The proposer must be financially capable of performing the work.

C. The costs proposed must be reasonable.

16. Award and Protest A. The Agreement shall not be awarded until Caltrans has posted a Notice of intent to Award in a place accessible by the general public, including any internet site for at least five working days. Notice of Intent to Award shall be posted at Caltrans, 1727 30th Street, Sacramento, 95816 (1st floor Lobby display case), and on the following Internet site:

http://www.dot.ca.gov/dpac/viewnoticesofintenttoaward

B. Any proposer who claims the State agency failed to follow the procedures specified in either subdivision (b) or (c) of PCC § 10344 has the right to formally protest the award of the Agreement, by filing a notice of intent to protest within five (5) calendar days of the notification of award.

Once a protest is filed, the Agreement shall not be awarded until either the protest has been withdrawn or the State has decided the matter. Intent to protest and protests may be sent by certified mail, email, courier, or personal delivery to the following addresses:

Department of Transportation Division of Procurement and Contracts Attention: Bid, Protest, and Dispute Manager 1727 30th Street, MS 65

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor http://www.dot.ca.gov/dpac/viewnoticesofintenttoaward

Sacramento, CA 95816 Phone Number: (916) 639-6340 Email:

DPAC.Protest.Disputes.Terminations@dot.ca.gov

Suite 7-330 West Sacramento, CA 95605 Phone Number: (916) 376-5098 Email: OLSProtests@dgs.ca.gov

Within five (5) calendar days of filing the notice of intent to protest, the proposer must submit a detailed written statement specifying the grounds for the protest. The statement must clearly outline the basis for protest and be limited to the grounds specified in PCC 10345(b)(2). The protest must reference the solicitation number and include any supporting evidence. The protest must be sent to the same addresses above.

C. Upon award of the Agreement, proposer must complete and submit to Caltrans the Payee Data Record (STD 204), to determine if the proposer is subject to State income tax withholding pursuant to California Revenue and Taxation Code Sections 18662. This form can be found on 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 Caltrans.

17. Disposition of Proposals Upon proposal 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 Sections 7920-7931.) and subject to review by the public. The State cannot prevent the disclosure of public documents. However, the contents of all proposals, draft proposals, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a proposer's proposal, shall be held in the strictest confidence until the “Notice of Intent to Award” is posted. We recommend that you register the copyright for any proprietary material submitted.

18. Standard Conditions of Service A. Service shall be available no sooner than the express date set by the OTS and Caltrans and the proposer, after all approvals have been obtained and the Agreement is fully executed.

Should the proposer fail to commence work at the agreed upon time, the OTS and Caltrans, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the proposer shall be liable to the State for the difference between proposer’s proposal price and the actual cost of performing work by the second lowest proposer or by another Contractor.

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

C. Antitrust Provisions In submitting a bid to a public purchasing body, the proposer offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act, Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Bus. and Prof. Code), arising from purchases of goods, materials, or services by the proposer for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the proposer (See Government Code Section 4552).

If the awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid.

mailto:DPAC.Protest.Disputes.Terminations@dot.ca.gov mailto:OLSProtests@dgs.ca.gov https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not…