STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES

715 P STREET, 7th FLOOR P.O. BOX 942836

SACRAMENTO, CA 94236-0001

Rev. 12-10-2025

REQUEST FOR PROPOSAL

PRIMARY

Notice to Prospective Firms

February 24, 2026

You are invited to review and respond to this Request for Proposal (RFP) number 10203603 for counterparty assessment and monitoring services which will enhance the State Water Projects (SWPs) ability to manage and mitigate financial risks related to its power-related contracts which include SB 1020 related “net zero” or “100% renewable” resources. The anticipated term of this agreement is three (3) years. In submitting your proposal, you must comply with these instructions.

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, incorporates, by reference, the State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services (DGS) website:

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

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

The CCC package contains clauses and conditions that may apply to your Agreement and to anyone doing business with the State of California. The Certification will be kept on file in a central location.

Inquiries regarding the processing of this proposal should be referred to Jennifer Etzler at (916) 902- 6086 or jennifer.etzler@water.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Sincerely, Jorge Quintero

Jorge Quintero Assistant Division Manager Power Operations Manager

Attachment(s) 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 mailto:jennifer.etzler@water.ca.gov

RFP. No. 10203603

TABLE OF CONTENTS

Page

Purpose and Description of Services 4

Proposing Firm Minimum Qualifications 4

Proposal Requirements and Information 4

Proposal Key Action Dates 4

Questions and Answers 5

Technical Proposal Requirements 5

Cost Proposal Format and Requirements 5

Submission of Proposal 5

Proposal Evaluation and Selection Process 8

Qualification Checklist 11

Tax Delinquent Status Verification 14

Generative Artificial Intelligence (GenAI) Disclosure 14

Notice of Intent to Award and Protest 15

Disposition of Proposals 15

Standard Conditions of Service 16

Payee Data Record (Std. 204) 16

Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

Economic Incentive Programs 16

Small Business Preference Programs 17

Disabled Veteran Business Enterprise Program 19

Pending Small Business or Disabled Veteran Business Enterprise Certification Application 21

Proposal Checklist 23

Attachment I – Cost Proposal Worksheet 24

Attachment II - Proposal/Proposing firm Certification Sheet 26

Completion Instructions for Proposal/Proposing Firm Certification Sheet 27

Attachment III – Proposing Firm References 28

Attachment IV - Darfur Contracting Act Certification 29

Attachment V – Generative Artificial Intelligence (GenAI) Disclosure (DWR 9834) 30

Attachment VI – Bidder Certification of DVBE Participation (DWR 9526) 31

Attachment VII - DVBE Declaration (DGS PD 843) 32

Attachment VIII – Bidder Declaration (DGS PD 05-105) 33

Attachment IX – California Civil Rights Laws Attachment 34

Sample Contract – Standard Agreement (Std. 213) 35

Exhibit A – Scope of Work 36

Exhibit B – Budget Detail and Payment Provisions 40

Exhibit C – General Terms and Conditions 41

Exhibit D – Special Terms and Conditions for Department of Water Resources – Over $10,000 Standard Payable (DWR 9544)

Attachment 1 – Recycled Content Certification Form (DWR 9557) 45

Exhibit E – Additional Provisions 47

Attachment 1 – Protection of Confidential and Sensitive Information 52

Attachment 2 – Non-Disclosure Certificate 54

Attachment 3 – Small Business Subcontractor Payment Certification

(DWR 9683)

A. Purpose and Description of Services

The Contractor (Contractor) to provide the Department of Water Resources (DWR) counterparty assessment and monitoring services which will enhance the State Water Project’s (SWP's) ability to manage and mitigate financial risks related to its power-related contracts which includes Senate Bill

(SB) 1020-related “net zero” or “100% renewable” resources contracts.

B. Proposing Firm Minimum Qualifications

1. Department has determined that Proposers responding to this solicitation must comply with

Disabled Veteran Business Enterprise (DVBE) Program participation requirements, which is a minimum of three percent (3.0%) commitment. Proposers must complete and submit the following forms: Attachment VI, Bidder Certification of DVBE Participation (DWR 9526), Attachment VII, DVBE Declaration (DGS PD 843); Attachment VIII, Bidder Declaration (DGS PD 05-105) and DVBE proposer’s and/or subcontractor(s)’ Department of General Services Office of Small Business and

Disabled Veteran Business Enterprise Services (DGS/OSDS) certification(s). Failure to fulfill the

DVBE requirement will render your bid non-responsive and shall be cause for bid rejection.

2. The contractor providing the services for this agreement must possess a minimum of five (5) continuous years of experience related to power and energy contracting and financing.

3. Resume(s) for staff including subject matter experts (SMEs) – performing activities and tasks specified in this agreement under Exhibit A, Scope of Work, Section V - CONTRACTOR TASKS AND RESPONSIBILITIES must have a minimum of three (3) years of experience related to the following:

a. Assessing financial statements to calculate credit limits and determine term limits.

b. Assessing financial statements to calculate the probability of default for the short-term

(less than 1 year) and the long-term (greater than one (1) year).

c. Monitoring and tracking the financial outlook and well-being of counterparties via analytical analysis, news and reports and other financial information outlets.

4. The contractor providing the services must have the capability and ability to continuously and simultaneously monitor and financially assess a minimum of 200 entities.

5. Must submit cost bids for all five (5) cost tiers as seen in Cost Proposal Worksheet (Attachment I)

C. Proposal Requirements and Information

1. PROPOSAL KEY ACTION DATES

All proposing firms must adhere to the following time schedule.

RFP available to prospective proposing firms on February 24, 2026

Technical questions must be submitted by March 10, 2026 by 3:30pm

Answers to technical questions will be disseminated by March 13, 2026 by 4:00pm

Proposals must be received by March 25, 2026 by 3:30pm

Anticipated date of proposal opening April 1, 2026 at 9:30am

Anticipated start date of agreement is May 1, 2026

Proposal Openings: Sealed proposals will be publicly opened and read via a TEAMS link. You may participate using the link provided below.

Topic: Public Proposal Opening RFP # 10203603 – Credit Management Services Time: April 1, 2026 at 9:30am.

Join TEAMS Meeting https://teams.microsoft.com/meet/23210986490636?p=WtdZr9OuVkF5Yv2Vo4

Or by Telephone (audio only):

Dial: 916-573-2034 Phone Conference ID: 130 787 150#

*Please note that the bid opening via TEAMS will be visual only with no opportunity for questions and answers.

2. LOCATION WHERE WORK WILL BE PERFORMED:

Services will be performed at Contractor’s office.

3. QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to jennifer.etzler@water.ca.gov and received by DWR on or before 3:30pm on March 10, 2026. DWR will provide answers in writing to all potential proposing firms by 4:00pm on March 13, 2026.

4. TECHNICAL PROPOSAL REQUIREMENTS

The proposing firm must provide:

a. Samples of reports and documents that verify their ability to perform the required services as described in Exhibit A, Scope of Work.

b. Explanation on protocols or processes related to the collection of counterparty information (financial statements and news reports) and delivery of information (report and findings) to the client.

c. Explanation on the mechanics of their analysis.

5. COST PROPOSAL FORMAT AND REQUIREMENTS

The proposing firm shall use the attached Cost Proposal Worksheet (Attachment I) to provide their cost proposal. The Cost Proposal Worksheet shall be submitted in the same envelope as the proposal and as outlined in paragraph a of Submission of Proposal.

6. SUBMISSION OF PROPOSAL

a. Proposals must be submitted by United States Postal Service (USPS) mail, hand delivery, United Parcel Service (UPS), express mail, or Federal Express to:

https://teams.microsoft.com/meet/23210986490636?p=WtdZr9OuVkF5Yv2Vo4

i. Proposals submitted by USPS must be addressed to:

Department of Water Resources Attn: Jennifer Etzler P.O. Box 942836

715 P Street, 5th Floor Sacramento, CA 94236-0001

ii. Proposals submitted by hand delivery must be given to Contract Specialist Jennifer Etzler on or before the bid due date and time. Please coordinate a day and time via phone (916) 902-6086 or e-mail jennifer.etzler@water.ca.gov.

iii. Proposals submitted by UPS, express mail, or Federal Express must be addressed to:

Contract Services

Attn: Jennifer Etzler 715 P Street, 5th Floor

Sacramento, CA 95814

b. All proposals must be submitted under sealed cover. The sealed cover must contain all documents listed in the Proposal Checklist. The outside of the sealed cover must be plainly marked with the RFP title and number, must show your firm’s name and address, and must be marked with “DO NOT OPEN.”

i. Package shall contain two separate sealed envelopes.

ii. The first envelope will contain all documents listed under Phase One in the Evaluation and Selection Process section. This envelope shall be marked, “DOCUMENTATION

AND TECHNICAL PROPOSAL.”

iii. The second envelope shall contain the Cost Proposal Worksheet (Attachment I). The envelope shall be marked “COST PROPOSAL”.

iv. Proposals not submitted under sealed cover will be rejected. A minimum of two signed proposals must be submitted. One proposal must be submitted in hard copy. One proposal must be submitted in an electronic format (Word and/or PDF File) on a USB Drive. USB Drives can be returned at the request of the proposing firm once the solicitation is concluded.

c. Proposals should provide straightforward and concise descriptions of the proposing firm’s ability to satisfy the requirements of this RFP.

d. If the proposal is made under a fictitious name or business title, the actual legal name of the proposing firm must be provided.

e. Due to limited storage space, the proposal package should be prepared using the least expensive method (i.e. cover page with staple in upper left-hand corner, no fancy bindings).

f. All proposals must include original signatures on the following documents: Proposal/Proposing firm Certification Sheet and any other documents specified in the Proposal Checklist.

g. Proposals not including the documents identified in the Proposal Checklist shall be deemed non-responsive and will be rejected.

h. All proposals are to be sent to DWR within the time frame indicated in the Time Schedule.

Proposals received after the due date and time will be returned unopened to the prospective proposing firm.

i. Proposals must be submitted for the entire service described within the Scope of Work.

Deviations from the specifications will not be considered and will be cause for rejection of the proposal.

j. The State does not accept alternate language from a proposing firm. 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.

k. A proposal may be rejected if conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a proposal.

The State's waiver of immaterial defect shall in no way modify the RFP document or excuse the proposing firm from full compliance with the objectives if awarded the Agreement.

l. Costs for developing proposals and preparation of award of the Agreement are entirely the responsibility of the proposing firm and shall not be chargeable to the State of California.

m. This RFP must be signed by an individual who is authorized to bind the proposing firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal will be rejected.

n. A proposing firm may modify a proposal after its submission by withdrawal and resubmission before the proposal due date. Modification of a proposal offered in any other manner, oral or written, will not be considered.

o. A proposing firm may withdraw their proposal by submitting a written request to the State for its withdrawal, signed by the proposing firm or an agent authorized in accordance with paragraph n above. A proposing firm may thereafter submit a new proposal before the proposal submission deadline. Proposals may not be withdrawn after the proposal due date. Proposals received after the due date and time will be returned unopened to the prospective proposing firm.

p. DWR 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. This Addendum will also be posted on the State’s eProcurement website found at www.Cal eProcure.com.

q. If all proposals are too high, DWR is not required to award an Agreement.

r. The State may reject all proposals if deemed necessary.

s. The proposals submitted, including costs, will become public when DWR has completed its evaluation and announces the responsible proposer who has been given the highest score.

t. Proposing firms are cautioned not to rely on the State during the evaluation to discover and report all defects and errors in the proposal documents. Proposing firms should carefully proof-read documents for errors and adherence to the RFP requirements prior to proposal submittal.

u. Where applicable, the proposing firm should carefully examine the worksite and specifications.

Proposing firm shall investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made http://www.bidsync.com/ because of failure to thoroughly examine the worksite and specifications.

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

w. Public Proposal Openings may be conducted in person or online. Bid openings conducted online will be done virtually using TEAMS. You may participate using the link provided in the solicitation under Section C Paragraph 1 above.

7. PROPOSAL EVALUATION AND SELECTION PROCESS

a. At the time of proposal opening, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this RFP.

b. Proposals containing false or misleading statements or providing references that do not support an attribute or condition claimed by the proposing firm may be rejected. If, in the opinion of the State, information was intended to mislead the State in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal.

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

d. The final selection will be made to the lowest monetary responsible proposer achieving a passing score, after application of preferences.

e. If there are tied proposals, DWR will draw straws to pick the winning proposing firm. The drawing will be witnessed and documented by two or more DWR employees.

f. The evaluation process will consist of three phases.

i. In Phase One, proposals are reviewed to ensure that all documentation has been submitted in compliance with the requirements of this RFP. DWR will review all of the following documents to determine that each is enclosed and properly completed. Failure to meet these administrative requirements shall cause a proposal to be deemed non-responsive and therefore ineligible for the next step of the RFP evaluation process.

1. Proposal/Proposer Certification Sheet (Attachment II)

2. References (Attachment III)

3. Darfur Contracting Certification (Attachment IV)

4. Bidder Declaration (DGS PD 05-105, Attachment VIII)

5. California Civil Rights Laws (Attachment IX)

6. Small Business Certification (when applicable)

7. Completion of DVBE compliance documentation or Completion of DVBE

Incentive documentation DWR 9526 (Attachment VI)

a) Bidder Certification of DVBE Participation - DWR 9526 (Attachment VI)

b) DVBE Declaration – DGS PD 843 (Attachment VII)

c) Bidder Declaration – DGS PD 05-105 (Attachment VIII)

d) DVBE Certification from DGS/OSDS

e) DWR SB/DVBE Program Manager’s Notification of Compliance (if obtained in advance)

8. Technical Proposal

9. Resumes for all personnel

10. Qualification Checklist

ii. Phase Two will consist of an evaluation of the Qualification Checklist based on the three

(3) categories and a total of twenty (20) questions. SEE: QUALIFICATION CHECKLIST.

Questions are as follows:

. Contract Background:

a) This contractor has been in existence - and operational - for at least 5 continuous years from the time of the submittal.

b) This contractor has been involved with non-disclosure agreements (NDA) and will have no issues entering into future NDAs.

2. Contractor Experience(s):

a) The contractor providing the services for this agreement has a minimum of five (5) continuous years of experience working on projects related to Credit Risk and Risk Management.

b) The contractor providing the services for this agreement has a minimum of five (5) continuous years of experience and/or involvement on projects related to power and energy industry.

c) The contractor providing the services for this agreement has a minimum of five (5) continuous years of experience related to Bilateral Activities (trades and transactions).

d) The contractor providing the services for this agreement has a minimum of five (5) continuous years of experience related to Power Purchase Agreements.

3. Staff Experience:

a) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training focusing on credit and risk management.

b) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training involving the finance and banking industry.

c) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training involving the power and energy industry.

d) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training involving the bilateral contracting activities.

e) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training involving Power Purchase Agreements (PPAs).

f) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of two (2) years of work experience collecting and retrieving information directly from the counterparty that will be used for analytical analysis.

g) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of two (2) years of work experience monitoring and tracking the financial outlook and well-being of counterparties via analytical analysis, news and reports and other financial information outlets.

h) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience conducting the review or analysis of financial records and statements.

i) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience calculating probabilities of default for the short-term (within a one (1) year cycle).

j) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience calculating probabilities of default for the long-term (beyond a one (1) year cycle).

k) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience calculating credit limits.

l) The staff assigned by the contractor performing the service(s) under this agreement has a minimum of three (3) years of work experience calculating collateral requirements.

m) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience determining appropriate term limits on bilateral contracting activities.

n) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of one (1) year of work experience submitting results, findings, reports, and notifications to the client.

The response to each question must be either a “yes” or a “no”. “No” responses will receive zero

(0) points while “yes” responses will receive the allocated assigned point for each specific question. Some questions are worth one (1) point while others are worth four (4). The maximum available points are forty (40). SEE: QUALIFICATION CHECKLIST for complete list of questions with point value.

The DWR Evaluation Team will calculate the overall score based on twenty (20) questions.

Those proposals which obtain a minimum score of thirty-seven (37) points on the evaluation of the Qualification Checklist proceed to Phase Three.

I. In Phase Three, for those firms receiving a minimum of 37 points, that firm’s sealed envelope marked Cost Envelope will be opened. The final selection will be based on the lowest weighted average rate ($/YEAR) of the Annual Subscription Rate for Tiers A to D as shown in Cost Proposal Worksheet (Attachment I).

Qualification Checklist Instructions: Please respond to each question with either a “yes” or a “no”; blanks will be scored as a “no”.

Category Point Value

Responses (Yes or No)

Awarded Points

Criteria

Contract Background:

4 0

a) This contractor has been in existence - and operational - for at least 5 continuous years from the time of the submittal.

4 0

b) This contractor has been involved with non-disclosure agreements (NDA) and will have no issues entering into future NDAs

Contractor Experience(s):

4 0

a) The contractor providing the services for this agreement has a minimum of five

(5) continuous years of experience working on projects related to Credit Risk and Risk Management.

2 0

b) The contractor providing the services for this agreement has a minimum of five

(5) continuous years of experience and/or involvement on projects related to power and energy industry.

4 0

c) The contractor providing the services for this agreement has a minimum of five

(5) continuous years of experience related to Bilateral Activities (trades and transactions).

4 0

d) The contractor providing the services for this agreement has a minimum of five

(5) continuous years of experience related to Power Purchase Agreements.

Staff Experience(s):

1 0

a) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training focusing on credit and risk management.

1 0

b) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training involving the finance and banking industry.

1 0

c) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training involving the power and energy industry.

1 0

d) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training involving the bilateral contracting activities.

1 0

e) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of direct participation and /or training involving Power Purchase Agreements (PPAs).

1 0

f) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of two (2) years of work experience collecting and retrieving information directly from the counterparty that will be used for analytical analysis.

1 0

g) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of two (2) years of work experience monitoring and tracking the financial outlook and well-being of counterparties via analytical analysis, news and reports and other financial information outlets.

2 0

h) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience conducting the review or analysis of financial records and statements.

1 0

i) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience calculating short-term (within a one (1) year cycle) probabilities of default.

1 0

j) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience calculating the long-term (beyond a one (1) year cycle) probabilities of default.

2 0

k) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience calculating credit limits.

2 0

l) The staff assigned by the contractor performing the service(s) under this agreement has a minimum of three (3) years of work experience calculating collateral requirements.

2 0

m) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of three (3) years of work experience determining appropriate term limits on bilateral contracting activities.

1 0

n) The staff assigned by the contractor performing the service(s) under this agreement have a minimum of one (1) year of work experience submitting results, findings, reports, and notifications to the client.

Total Possible Points

Total

Awarded Points

0 Note(s): Must earn a minimum of 37 points to move to the next stage.

The weighted average cost of the Annual Subscription Rate will be based on the following equation:

Weighted Annual Rate =

[.25 x Tier A Subscription Rate] +

[.50 x (Tier B Subscription Rate - Tier A Subscription Rate)] +

[.15 x (Tier C Subscription Rate - Tier B Subscription Rate)] +

[.10 x (Tier D Subscription Rate - Tier C Subscription Rate)]

Note:

The Small Business Preferences and DVBE Incentive calculations will be applied as appropriate here.

The application of the Small Business Preference and DVBE Incentives may result in the displacement of a previously high scoring firm.

1. SB Preference Calculation

When a certified SB has submitted a qualified proposal and is not the lowest proposing firm, the Department will apply the SB Preference to determine solicitation outcome. Only businesses certified by DGS/OSDS receive five percent (5.0%) calculation preference. If a responsive, responsible firm submitting low cost is already a certified small business, the preference calculation will not be applied.

Small Business Preference Calculation Example

The SB Preference is calculated by factoring five percent (5.0%) of the lowest proposal of a Non-Small

Business (NSB) and subtracting the result from that of the certified SB.

NSB Proposal: $114,000

SB Proposal: $117,000

$114,000 x .05 = $ 5,700

SB Proposal: $117,000

Calculation Preference: $ 5,700

SB Adjusted Proposal Cost $111,300

In the example above, the SB achieves low cost and is in line for award.

2. Disabled Veteran Business Enterprise Incentive Application

When appropriate, application of the DVBE Program Incentive will be applied after the SB Preference is applied and will be factored by the amount of DVBE participation identified by the proposing firm. The net cost proposed by the firm proposing DVBE participation will have their cost proposal reduced by the incentive amount calculated. This may result in the firm achieving low cost placing them in line for solicitation award.

It is possible for an SB firm that is not low cost to become the awarded firm after application of both the SB calculation preference and the DVBE Incentive calculation.

Application of the DVBE Incentive cannot displace the low-cost proposal of a certified SB.

Additional information regarding the DVBE Incentive may be found in Attachment VI, of this solicitation.

Allowable Incentive Amounts

When the DVBE program is a required component of the solicitation, the minimum acceptable commitment level is three percent (3.0%). Incentive amounts applied begin at three percent and will not exceed 5 percent.

When the Department waives DVBE program compliance, a firm’s DVBE participation is optional.

Firms proposing DVBE participation are eligible to receive a DVBE incentive calculation from one percent (1.0%) to five percent (5.0%). The incentive applied will be at the level of proposed DVBE commitment.

DVBE Incentive Scale

5.0% and Over 5.0%

4.0% - 4.99% inclusive 4.0%

3.0% - 3.99% inclusive 3.0%

2.0% - 2.99% inclusive 2.0%

1.0% - 1.99% inclusive 1.0%

Sample Incentive Application

Proposer

A

B

C

Responsive/Responsible

Yes

Net Proposed Price $100,000 $102,000 $103,000

Rank 1 2 3

Small Business No Yes Yes

Eligible Preference $0.00 $5,000 $5,000

DVBE Participation None 3.0% 100%

Incentive Amount $0.00 $3,000 $5,000

Adjusted Bid Amount $0.00 $94,000 $93,000

New Rank 3 2 1

8. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012 Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax

Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the web sites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

9. GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) DISCLOSURE

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

b. Proposer / Offeror 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.

c. 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.

d. Upon notification by a Proposer / Offeror of GenAI as required, 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.

e. 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.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10295.4.&lawCode=PCC https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

10. NOTICE OF INTENT TO AWARD AND PROTEST

a. A Notice of Intent to Award will be posted on Cal eProcure for five (5) business days. All proposing entities will be officially notified via Cal eProcure that the Notice of Intent to Award is posted.

b. Public inspection of all proposals and score sheets will be allowed after the Notice of Intent to Award has been posted.

c. Contracts shall be awarded only after a Notice of Intent to Award has been posted in a place accessible by the general public, including any internet site identified in this RFP, for five (5) business days.

d. Prior to the award, a proposing firm who claims he/she would have been eligible for the award of the contract, may protest the proposed award if DWR had scored his or her proposal correctly or if DWR had correctly followed the procedures specified in the Public Contract Code.

e. A protestant must meet the burden of proof that DWR has committed a material error in the conduct of the proposal award process.

f. Within five business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

g. Both the original protest and/or the detailed statement of protest, if any, must include the RFP number, the name of the State Agency involved, agency contact person, and protestant’s fax number, if any.

h. The protest documents may be sent by regular mail, email, courier, or personal delivery to:

Department of General Services

Office of Legal Services Attention: Bid Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

AND

Contract Specialist Email Address: jennifer.etzler@water.ca.gov

Upon receipt of the protest, Department of General Services (DGS) shall send the protestant an acknowledgement letter and thereafter communicate with the parties regarding further disposition of the protest.

11. 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 Section 7920 et seq.) and are 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 that discloses any aspect mailto:OLSProtests@dgs.ca.gov https://cawater.sharepoint.com/teams/swp-dom/aso/css/CSS%20Internal%20Library/Contract%20Analyst%20Working%20File/Jennifer%20Etzler/PRC%20&%20PRC%20UPSS/JE_10203603_Credit%20Management%20Services/Solicitation/jennifer.etzler@water.ca.gov of a proposing firm’s proposal, shall be held in the strictest confidence until the Notice of Intent to Award is posted. Proposals may be returned at the request and expense of the proposing firm.

D. Standard Conditions of Service

1. Service(s) shall not commence until the Agreement is fully executed and all approvals have been obtained.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement unless this Agreement is amended to extend the term.

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

E. Payee Data Record

1. The Contractor awarded this Agreement must have completed and submitted form STD 204, Payee Data Record, to determine if the Contractor is subject to a seven percent State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

2. No payment shall be made unless the Payee Data Record form has been completed and returned to

DWR.

F. Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contactors)

The selected contractor awarded this Agreement must complete and submit the form DWR 9524a, Key Employee Policies and Guidelines Notice Acknowledgment, These policies and guidelines communicate expectations for contractors. Every contractor or subcontractors employee is expected to read and understand the material contained within. Primary contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. Economic Incentive Program

Proposing firms may be eligible for additional preferences when their place of business is located within certain economic regions and when they hire persons living and working within those economic regions.

Please access the following links to read information about this economic incentive program.

TACPA CONTRACT PREFERENCE

This solicitation contains Target Area Contract Preference Act (TACPA) preference request forms. Please carefully review the forms and requirements. Proposers are not required to apply for these preferences.

Denial of the TACPA preference request is not a basis for rejection of the bid.

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

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

• TACPA Preference Request (STD 830)

• Manufacturer’s Summary of Contract Activities and Labor Hours (DGS PD 525)

• Bidder’s Summary of Contract Activities and Labor (DGS PD 526)

Any questions regarding the TACPA preference should be directed to DGS, Procurement Division at (916) 375-4609 or TACPA@dgs.ca.gov.

H. Small Business Preference Programs

1. The Small Business Procurement and Contract Act (Government Code (GC) Section 14838 et. seq.)

requires that a fair share of the State’s purchases and contracts for goods, information technology services and construction be placed with a certified small business or micro-business. The Act mandates that state agencies:

a. Establish participation goals,

b. Provide a five percent (5.0%) SB calculation preference, and

c. Provide the opportunity for proposing firms to receive a five percent (5.0%) NSB calculation preference when achieving twenty-five percent (25.0%) SB participation through subcontracted efforts.

Proposing firm which is awarded the contract is committed to paying the stated percentage of the total contract amount (including contract amendments) to the SB subcontractor as declared on form DGS PD 05-105. SB proposers and subcontractors must be certified by DGS/OSDS to participate in SB Preference program.

2. SMALL BUSINESS PREFERENCE

An SB Preference of five percent (5.0%) is used for proposal evaluation purposes when determining a contract award in the following manner:

a. Five percent (5.0%) is computed from the lowest, responsive and responsible cost proposal.

This results in a preference amount.

b. This preference amount is subtracted from the SB firm’s cost proposal.

c. When the calculation results in the SB firm’s proposal being the lowest and having been determined to meet all other proposal specifications, the award is made to the certified small business firm.

3. NON-SMALL BUSINESS PREFERENCE

Under the Small Business Procurement and Contract Act (Government Code section 14835, et seq.), non-small business (NSB) proposing firms may be granted a five percent (5.0%) NSB preference on a proposal evaluation by an awarding department:

a. If the proposing firm has achieved the minimum required points in Phase One to have cost evaluated in Phase Two;

b. When a responsible NSB firm has submitted a responsive lowest cost proposal pursuant to the evaluation of the solicitation;

c. When the NSB firm has submitted a timely, responsive proposal;

d. When the NSB firm is determined to be a responsible firm; and

e. When the NSB firm identifies OSDS certified SB(s) it commits to subcontract with on required form DGS PD 05-105, Attachment VIII, of the DGS/OSDS certified SB https://www.dgs.ca.gov/PD/Search-Results?search=830&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1 https://www.dgs.ca.gov/PD/Search-Results?search=525&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1 https://www.dgs.ca.gov/PD/Search-Results?search=526&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1 mailto:TACPA@dgs.ca.gov https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14838.&lawCode=GOV subcontractor(s) with which it commits to subcontract a total of at least twenty-five percent (25.0%) of its net proposal price with one or more OSDS certified SB(s).

4. NON-SMALL BUSINESS PREFERENCE CALCULATION

The non-small business calculation preference five percent (5%) is used for proposal evaluation purposes when determining a contract award in the following manner:

a. Five percent (5.0%) is computed from the lowest, responsive and responsible cost proposal.

This results in a preference amount.

b. The preference amount is subtracted from the proposal of the NSB that is subcontracting a minimum of twenty-five percent (25.0%) of its net price to one or more OSDS certified SB(s).

c. When the calculation results in the NSB firm’s proposal being the lowest, and having been determined to meet all other proposal specifications, the award is made to the NSB firm.

Award is made to Firm B as the low proposer at the proposal of $131,000.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the proposal score of an SB and the proposal score of a disabled veteran enterprise, the award shall go to the DVBE firm that is also an SB.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the SB or NSB subcontractor preferences awarded on a single proposal exceed $50,000, and in no event shall the combined cost of the SB or NSB subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. The five percent (5.0%) calculation preference is used for computation purposes only and does not alter or affect the actual proposal price or the amount of the executed contract. When a certified SB is responsive, responsible, and the highest scored firm, there is no need to compute the SB preference as the SB is already the highest scoring firm.

7. COMMERCIALLY USEFUL FUNCTION (SBs) (Government Code (GC) section 14837(d) (4))

A certified SB, micro-business (MB) contractor, subcontractor or supplier, must meet commercially useful function (CUF) requirements under Government Code (GC) section 14837(d) (4). Selected firms must perform a CUF relevant to this contract.

The term “small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements in accordance with GC section 14837(d) (4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a CUF. A person or an entity is deemed to perform a CUF if that person or entity does all of the following:

Firm A, (Low Cost Proposal), non-small business: $125,000 Firm B, non-small business (subcontracting 25% to a certified small business)

$131,000

Calculation Preference: $125,000 x .05 = $6,250

Firm B $131,000 Subtract calculated preference - $6,250

Adjusted Cost Proposal for Firm B $124,750 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV

a. Is responsible for the execution of a distinct element of the work of the contract.

b. Carries out contractual obligations by actually performing, managing, or supervising the work involved.

c. Performs work that is normal for its business services and functions.

d. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

e. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, and, if applicable, making payment

f. Its role is not an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

8. PROPOSING FIRM CUF REQUIREMENTS

The Department will determine, to the best of its ability, that your firm meets the criteria above for CUF.

In responding to this solicitation, you are confirming that, under GC 14837 (d)(4)above, your business provides goods and/or services meet the definition of CUF. All proposing firms are required to provide CUF documentation using Attachment VIII, Bidder Declaration form DGS PD 05-105, included in the solicitation document. When completing the declaration, proposing firms must identify all subcontractors proposed for participation in the contract. Any proposing firm awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless the State agrees to a substitution.

I. Disabled Veteran Business Enterprise Program

DVBE Program Participation is Required for Solicitation

This solicitation includes DVBE Program participation requirements, which is a minimum of three percent (3.0%) commitment. Complete and provide the following forms for program documentation and compliance:

1. DWR 9526, Attachment VI (Bidder Certification of DVBE Participation)

2. DGS PD 843 Attachment VII (DVBE Declarations)

3. DGS PD 05-105, Attachment VIII (Bidder Declaration)

4. DGS/OSDS Certification(s) for proposer and/or subcontractor(s). Proposer and/or subcontractors must be certified by DGS/OSDS to take part in DVBE Participation Program.

DVBE Incentive is as follows:

DVBE Required Participation Incentive Percentage (%)

5.0% or over 5.0%

4.0% to 4.99% 4.0%

3.0% to 3.99% 3.0%

If you need assistance with finding a certified DVBE subcontractor, you can contact California Department of Veterans Affairs (CalVet) DVBE Program

- https://www.calvet.ca.gov/contact o Phone Number: 800-952-5626 o Email: DVBE@calvet.ca.gov

You can also do a certified vendor search on Cal eProcure:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837&lawCode=GOV https://www.calvet.ca.gov/contact mailto:DVBE@calvet.ca.gov https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true

1. DWR SB/DVBE PROGRAM MANAGER PRE-REVIEW OF DVBE DOCUMENTATION

The Department’s SB/DVBE Program Manager offers a pre-review of a proposing firm’s DVBE documentation prior to proposal submission. Since non-compliance with the DVBE program is immediate cause for rejection, the State strongly recommends firms interested in submitting a proposal, take advantage of this opportunity to ensure they are fully compliant with DVBE Program participation requirements.

Proposing firms should allow at least five (5) working days for pre-review of their DVBE documentation and submit them to the following:

SB/DVBE Program Manager

Email: SB.DVBE@water.ca.gov

Upon satisfactory review of the proposing firm’s DVBE documentation, the DWR SB/DVBE Program Manager issues a Notification of Compliance which the proposing firm will submit with their proposal submittal.

2. DVBE INCENTIVE PROGRAM

Under CCR 1896.99.100, the California DVBE Incentive provides responsive and responsible firms the opportunity to receive additional incentive calculations. The incentive is applied at the time of solicitation evaluation when a proposing firm selects a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract effort.