RFPSecondary_10200645_final.pdf

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. 6-11-2024

REQUEST FOR PROPOSAL

SECONDARY

Notice to Prospective Firms

July 8, 2024

You are invited to review and respond to this Request for Proposal Secondary (RFP) number 10200645 for new land use mapping. The anticipated term of this agreement is five (5) 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.

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. 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.

Inquiries regarding the processing of this proposal should be referred to Beth Medeiros at (916) 902-6989. 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, Arthur Hinojosa, Division Manager Division of Regional Assistance 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 https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

RFP No. 10200645

TABLE OF CONTENTS

Notice of State Program Participation Requirements 4 Purpose and Description of Services 5 Proposing Firm Minimum Qualifications 5 Proposal Requirements and Information 5 Proposal Key Action Dates 5 Questions and Answers 5 Work Plan and Work Schedule/Technical Proposal 5 Cost Proposal Format and Requirements 6 Submission of Proposal 6 Proposal Evaluation and Selection Process 8 Tax Delinquent Status Verification 18 Generative Artificial Intelligence (GenAI) Disclosure 18 Notice of Intent to Award and Protest 18 Disposition of Proposals 19 Standard Conditions of Service 19 Payee Data Record (Std. 204) 19 Key Employee Policies and Guidelines Notice Acknowledgment (DWR 9524a) 20 Small Business Program 20 Non-Small Business (NSB) Preference Application 21 Disabled Veteran Business Enterprise Program 25 Proposal Checklist 27 Attachment I – Cost Proposal Worksheet 29 Attachment II - Proposal/Proposing firm Certification Sheet 37 Proposal/Proposing firm Certification Sheet Instructions 38 Attachment III – Proposing firm References 39 Attachment IV - Darfur Contracting Act Certification 40 Attachment V – Generative Artificial Intelligence (GenAI) Disclosure 41 Attachment VI – California DVBE Program Requirements (DWR 9526) 45 Attachment VII- DVBE Declaration (State Std. 843) 47 Attachment VIII – Bidder Declaration (GSPD-05-105) 48 Attachment IX – California Civil Rights Laws Attachment 50 Attachment X – Iran Contracting Act 51 Sample Contract – Standard Agreement (Std. 213) 52

Exhibit A – Scope of Work 53 Attachment 1 58 Attachment 2 59 Attachment 3 60

Exhibit B – Budget Detail and Payment Provisions 80 Exhibit C – General Terms and Conditions 81 Exhibit D – Special Terms and Conditions for DWR (DWR 9544) 82 Attachment 1 – Recycled Content Certification Form (DWR 9557) 85 Exhibit E – Additional Provisions 87 Attachment 1 – Travel and Per Diem (DWR 9580) 93

Attachment 2 – DVBE Activity Report Form (DWR 9553) 96 Attachment 3 – Small Business and DVBE Subcontractor Payment Certification 98

NOTICE OF STATE MANDATED SB/DVBE PROGRAM PARTICIPATION REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

The Department of Water Resources has waived this solicitation from DVBE Program requirements and firms responding to this solicitation are not required to satisfy with these program requirements as a component of this solicitation.

Firms voluntarily utilizing DVBE subcontractors; however, may receive a DVBE Incentive calculation which may place the firm in position to receive award of the RFP. Application of the DVBE Incentive cannot be used to displace a California-certified small business firm that has been deemed the highest responsive, responsible firm with that of a non-small business. The Incentive applied is based on the firm’s proposed DVBE commitment. Minimum incentive applied will be one (1) percent and will not to exceed five (5) percent. DVBE Incentive information and forms are found within the solicitation as DWR Form 9526, California DVBE Incentive Attachment V.

Small Business Program Information

If a proposing firm is not a California Certified Small Business and wishes to be considered for the small business calculation preference for this solicitation, proposing firm application for small business must be received by the Department of General Services Office of Small and DVBE Business Services (OSDS) by the proposal due date by close of business. Proposing firms seeking small business certification status must also notify the Department in writing at the time of proposal submission that they have an application for Small Business certification for review and approval at the DGS-OSDS.

Contact the DGS Office of Small Business and DVBE Services (OSDS) at internet website https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS or call (916) 375-4940 for certification assistance.

For additional assistance meeting DVBE program requirements or inquiries about Small Business certification, please contact the Department of Water Resources SB/DVBE Program Manager at (916) 820-7833, or email SB.DVBE@water.ca.gov.

A. Purpose and Description of Services

DWR requires technical expertise and services in identifying crop types and quantifying crop acreages from remotely sensed images to develop a complete statewide land use dataset. The Contractor will perform land use surveys using remotely sensed multispectral and photographic imagery (satellite or aircraft) and imagery analysis software to augment DWR land use surveys.

Multicropping patterns will be determined by mapping irrigated and non-irrigated agricultural land use on a quarterly basis, and the project shall include all lands and regions within the state of California. The Contractor will also map native vegetation, riparian habitat, and urban land cover. The Contractor will provide hands-on experience and train DWR staff on all aspects of the complete workflow from image acquisition to classification and accuracy assessment, including algorithms, procedures, and practices used for all project components.

B. Proposing Firm Minimum Qualifications

Proposing firm must be located in California and already have a license to operate in California.

They must be established for at least 4 years.

Note: A full list of criteria upon which proposals shall be scored is located on pages 11- 15 of this solicitation.

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 Friday, July 12, 2024 Technical questions must be submitted no later than: Friday, July 19 at 5:00pm Answers to technical questions will be disseminated by Tuesday, July 23 at 3:30pm Proposals must be received by Monday, July 29 at 3:30pm Anticipated start date of agreement is Winter 2024

2. LOCATION WHERE WORK WILL BE PERFORMED:

The work will be performed at various locations within California. Some travel may be required, but ony within California.

3. QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to elizabeth.medeiros@water.ca.gov and received by DWR on or before Friday, July 19 2024 at 5:00pm. DWR will provide answers in writing to all potential proposing firms by Tuesday, July 23 at 3:30pm.

4. WORK PLAN AND WORK SCHEDULE/TECHNICAL PROPOSAL REQUIREMENTS

The proposing firm shall develop a work plan or schedule for task completion. If applicable, identify each major task, necessary subtask, and/or specifics by which progress can be measured and payments made. Proposing firms may need to include the following information:

a. Project Personnel: List all personnel who will be working on the project. Include resumes which explain their titles, roles, responsibilities, and qualifications.

b. Facilities and Resources: Explain where the services will be provided and what type of equipment and/or other resources are needed to perform the services.

5. COST PROPOSAL FORMAT AND REQUIREMENTS

The proposing firm will use the attached Bid Sheet to provide their cost proposal. The Bid Sheet will be submitted in the same envelope as the proposal.

6. SUBMISSION OF PROPOSAL

a. Proposals must be submitted by mail, hand delivery, UPS, express mail, or Federal

Express to:

i. Proposals by USPS must be submitted to:

Department of Water Resources Attn: Beth Medeiros

P.O. Box 942836 715 P Street, 7th Fl. DBS #19

Sacramento, California 94236-0001

ii. Proposals by hand delivery, must be submitted to Contract Specialist Beth Medeiros on or before the Monday, July 29 at 3:30pm. Please coordinate a day and time via phone (916) 902-6989 or e-mail elizabeth.medeiros@water.ca.gov.

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

Contract Services

Attn: Beth Medeiros 715 P Street, 7th Fl., DBS #19 Sacramento, California 95814

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

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

d. 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).

e. All proposals must include original signatures on the following documents:

Proposal/Proposing firm Certification Sheet and any other documents specified in the Proposal Checklist.

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

g. 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.

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

j. Proposals not submitted under sealed cover will be rejected. A minimum of two original signed proposals must be submitted. Both proposals must be submitted in the same envelope.

k. 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.

l. 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.

m. 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.

n. 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.

o. 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.

p. 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.

q. 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 p 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.

r. 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.

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

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

u. 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.

v. 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.

w. 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 because of failure to thoroughly examine the worksite and specifications.

x. 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.

7. EVALUATION AND SELECTION PROCESS

a. The State will put each proposal through a process of evaluation to determine the responsiveness of proposing firms to the State's needs. The final selection will be made on the basis of the highest scoring proposal meeting the specifications.

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. 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.

http://www.bidsync.com/ http://www.bidsync.com/

d. 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.

Please see Documents Required with Submission of Proposal on page 27.

ii. Phase Two will consist of an evaluation of the Work Plan and Work

Schedule/Technical Proposal and Cost Proposal based on the criteria below.

A. Review of proposals for this remote sensing land use mapping project will be based on a well-defined set of criteria to ensure a fair and thorough evaluation process. These criteria are in alignment with the project's goals and objectives, and include factors like expertise, methodology, Contractor location, data management aspects, and compliance with DWR administrative proposal submission requirements. Weighting of the criteria in the evaluation criteria matrix below are based on their relative importance to DWR, and will be applied to prioritize key aspects of all qualifying proposals. Each bid submitted for this proposed contract service will be evaluated and scored in accordance with the following selection criteria:

1. Professional experience of the Principals to be assigned to the project in relation to the work to be performed as described in the Scope of Work

(SOW).

2. Professional experience of the Lead Persons and other key team members.

3. Overall methodology and approach.

4. Ability to obtain, format, maintain, and deliver satellite imagery, aerial photography and GIS data.

5. Ability to delineate and update field perimeters using GIS tools or algorithms and train DWR staff in same.

6. Ability to design accuracy assessment methods and provide accuracy assessments on unsupervised or supervised image classification methods.

7. Ability to develop and use image processing tools to identify crops and map all field-by-field agricultural crop land use (independent of irrigation status).

8. Location of office(s) and staff for ease of project coordination and services.

9. Familiarity and experience with the ArcGIS suite of software, ERDAS Imagine, ENVI, eCognition Developer software and other comparable GIS and image processing software.

10. Competence and experience with California cropping systems and identification including multicropping systems.

11. Experience in Remote Sensing and GIS training.

12. Project plan and timeline.

13. Cost and budget considerations.

14. Sustainability and environmental impact considerations.

15. Compliance with DWR regulations and legal requirements.

16. References and past performance on similar work.

B. After the proposal submittal date and time, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this Request for Proposals (RFP). If any required information is absent, the proposal may be rejected.

C. A panel of DWR personnel will evaluate the proposals in accordance with the stated Selection Criteria and areas of knowledge and experience. Separate interviews will then be held with at least three of the applicants deemed to be the most highly qualified to provide the needed services or with all applicants if less than three apply. If any presentations are required to be made, the presentation’s cost will be the responsibility of the applicant. No reimbursement will be made by

DWR.

D. The Contractor will provide a schedule of hourly rates for different job classifications involved in the work, including all Subcontractors.

E. Unsuccessful applicants will be notified by DWR following execution of the contract.

F. Nothing in this RFP shall require DWR to award a contract.

G. The goal of this RFP is to select the most qualified bidder, and the following weighted evaluation criteria matrix will be applied to score the submissions.

SELECTION CRITERIA SCORE

1. PROFESSIONAL EXPERIENCE OF THE PRINCIPALS

Our evaluation will include an assessment of professional experience of the Principals to be assigned to the project in relation to the work to be performed as described in the SOW. Expertise: Do the Principals of the proposing team have the necessary expertise to provide overall strategic direction for this type of project?

Experience: Do the Principals have at least one (2) years experience planning and directing relevant projects, and are they familiar with land use mapping and the agriculture and water sectors of California? Credentials:

Are the Principals certified or accredited in relevant fields?

Principals experience, relevant expertise in land use mapping, agriculture, and water sectors in California:

2-3 years = 2 points 3-4 years = 4 points >4 years = 6 points

2. PROFESSIONAL EXPERIENCE OF THE LEAD PERSONS

We will evaluate the professional experience and qualifications of Lead Persons and other key staff on the proposal team. Expertise: Do the Lead Persons and other key staff on the proposal team have the necessary expertise in land use mapping, GIS, remote sensing, programming, agronomy, field surveys, and other relevant areas of expertise? Experience: What relevant projects have the Lead Persons worked on? Are they familiar with the geography of California and agricultural water use in the state? Credentials: Are any of the Lead Persons or key staff certified or accredited in fields relevant to the work?

Lead Persons experience, relevant expertise in land use mapping, GIS, remote sensing, programming, agronomy, field surveys, and other relevant areas;

Familiarity with geography and water in California:

2-3 years = 2 points 3-4 years = 4 points >4 years = 6 points

3. OVERALL METHODOLOGY AND APPROACH

Proposed methods: What methods and technologies will be used for land use mapping? Accuracy and precision: How does the proposal address the accuracy and precision of the mapping? Data Sources: Are the proposed data sources comprehensive and appropriate for the work? Quality control: Is there a plan for quality control and assurance during the mapping process, and what is the plan for documenting metadata?

Innovative approaches: Does the proposal offer innovative or cutting-edge approaches to land use mapping?

Technology: Is the Bidder proposing the use of advanced technologies or software that could enhance the land use mapping workflow?

Experience in overall methodology; accuracy, data sources; quality control, innovation and technology:

2-3 years = 2 points 3-4 years = 4 points 4-5 years = 6 points 5-6 years = 8 points >6 years = 10 points

4. ACQUISITION, PROCESSING AND DELIVERY OF IMAGERY AND GIS DATA

Evaluation will assess the ability to obtain, format, maintain, and deliver satellite imagery, aerial photography and GIS data. Data Management: Is there a plan to manage, store, and share geospatial data with DWR?

Accessibility: Will the final maps and data be easily accessible and usable by DWR and other end users? Data Security: Are measures proposed to ensure the security and confidentiality of sensitive data and information?

Experience in acquisition, processing and delivery of imagery and GIS data:

2-3 years = 2 points 3-4 years = 4 points >4 years = 5 points

5. FIELD DELINEATION AND UPDATING EXPERTISE

Evaluation will assess GIS data editing capacity: Is there ability to delineate or update field boundary perimeters using GIS tools or algorithms so that they are consistent with current year imagery? Are details provided on the process to modify, add, or remove field boundaries as necessary?

Field delineation and updating expertise and experience:

2-3 years = 2 points 3-4 years = 4 points >4 years = 5 points

6. ACCURACY ASSESSMENT

Evaluation will assess documentation of the proposed accuracy assessment process, including ability to balance statistical validity with practical application. Is the description of the proposed accuracy assessment process adequate, and does the assessment cover both HUC 4 watershed and statewide scales? Are the sources and collection methods for ground reference (ground truth) data clear? Does the proposed accuracy assessment process explain key considerations such as sample size, sampling scheme including basis for stratifying ground reference data, spatial autocorrelation, and how accuracy assessment statistics will be computed?

Accuracy assessment expertise and experience:

2-3 years = 2 points 3-4 years = 4 points >4 years = 5 points

7. FIELD LEVEL CROP MAPPING

Evaluation will assess the ability to develop and use image processing tools to identify crops and map all field-by-field agricultural crop land use across the state (independent of irrigation status). Is the classification approached adequately described with sufficient technical details? What classification methods/models will be employed and why? Is there adequate description on how to assess multiple-cropping and determine peak crop dates and percent crop cover for each field? Is it clear how satellite imagery resources and aerial photos will be utilized, and is the classification process clear on how different crop types will be distinguished?

Experience and expertise in field level crop mapping:

2-3 years = 2 points 3-4 years = 4 points >4 years = 6 points

8. OFFICE LOCATION

Evaluation will consider the location of Contractor’s office(s) and staff for ease of project coordination and services. Is Contractor open to DWR visiting their office location if we need to?

Distance of office from downtown Sacramento and accessible to DWR:

>50 miles = 2 points 20-50 miles = 4 points 0-20 miles = 5 points

9. REMOTE SENSING AND GIS SOFTWARE

Evaluation will focus on evidence of familiarity and experience with remote sensing and GIS software, including but not limited to ArcGIS suite of software, ERDAS Imagine, ENVI, eCognition Developer software and other comparable GIS and image processing software.

Familiarity and experience with remote sensing and GIS software:

2-3 years = 2 points 3-4 years = 4 points >4 years = 5 points

10. CALIFORNIA CROPPING SYSTEMS

Contractor demonstrates competence and experience with California agricultural land and water use, including identification of multi-cropping systems.

Competence and experience with California cropping systems:

2-3 years = 2 points 3-4 years = 4 points >4 years = 5 points

11. TRAINING

Contractor Team has sufficient expertise and experience to conduct training in remote sensing and key GIS workflows utilized in the proposed land use mapping workflow.

Expertise and experience conducting training in remote sensing and GIS:

2-3 years = 2 points 3-4 years = 4 points >4 years = 6 points

12. PROJECT PLAN AND TIMELINE

Is there a clear and detailed project plan with proposed milestones?

Is there a proposed timeline that aligns with project deadlines and DWR expectations? What specific deliverables are proposed, and are the formats compatible with details in DWR’s Scope of Work?

Project plan and timeline complete and compatible with Scope of Work:

Not clear = 1 point Partially complete = 2 points Complete = 5 points

13. COST AND BUDGET

Is the proposed budget on the Bid Sheet reasonable, and does the proposal offer DWR good value for the cost? Are there any measures proposed to control costs and stay within budget?

Cost, budget and value for money:

Low value = 2 points Medium value = 4 points High value = 8 points

14. SUSTAINABILITY AND ENVIRONMENTAL IMPACT

How does the proposal address potential environmental impacts of the mapping activities, if any? Are there any sustainable practices incorporated into the project proposal?

Sustainability and environmental impact:

Not addressed = 0 points Partially addressed =2 points Addressed = 5 points

15. COMPLIANCE AND LEGAL REQUIREMENTS

Does the proposal demonstrate an understanding of relevant regulations and compliance requirements? Are there commitments to ethical conduct and adherence to professional standards, such as DWR metadata standards as specified in the Statement of Work.

Compliance and legal requirements:

No understanding = 0 points Partial understanding = 2 points Full understanding = 5 points

16. REFERENCES AND PAST PERFORMANCE

Evaluation will include submission of references or testimonials from 3 previous clients or projects (at least 2 of the references should be non-DWR), and an assessment of Contractor’s track record for delivering projects on time and within budget.

References and past performance:

No references = 0 points 1 reference = 2 points 2 references = 4 points 3 references = 8 points

Maximum Possible Sub Total 95 Small Business (SB) Program Participation (Executive Order S-02-06 of February 2, 2006) (potential additional points)

MAXIMUM POSSIBLE TOTAL SCORE 100

iii. In Phase Three, Small Business Preferences and DVBE Incentive calculations will be completed as necessary prior to contract award. The application of the Small Business Preference and DVBE Incentives may result in the displacement of a previously high scoring firm.

1. Proposing firms that are Small Business certified by DGS, Office of Small

Business and DVBE Services (OSDS) may receive a five (5) percent preference calculation. The Small Business (SB) preference will be calculated by factoring five (5) percent of the highest scored points and adding those points to that of the certified Small Business.

Example: High Score: 95 points Small Business Score: 91 points

95 x 0.05 SB preference = 4.75 points

Small Business Score: 91 points SB Points: 4.75 points

95.75 points

In the example above, the SB would achieve a high point score and be in line for contract award.

2. The DVBE Program Incentive is applied during Phase Three and may result in the increase of a firm’s total points, placing them in line for award. Application of the DVBE Incentive is based on the number of total possible points specified.

The following example is based on 100 total possible points:

Confirmed DVBE Participation Possible Points Calculation

5% and Over 5% X 100 = 5 Points 4% - 4.99% inclusive 4% x 100 = 4 Points 3% - 3.99% inclusive 3% x 100 = 3 Points 2% - 2.99% inclusive 2% x 100 = 2 Points 1% - 1.99% inclusive 1% x 100 = 1 Point

a) Once all proposals are evaluated for the factors indicated under the

Rating/Scoring Criteria above, the DVBE Incentive will be calculated and those points will be factored into the total points of those firms with lower scores that have identified DVBE participation levels as outlined in the above table. The points applied may result in a firm achieving high points placing them in line for the solicitation award.

b) A Small Business firm may be displaced by another firm achieving higher points as a result of the DVBE Incentive application.

c) An Evaluation Committee shall conduct the scoring and review the results submitted.

d) Only firms that are certified as small business by the Department of General Services, Office of Small Business Certification and Resources, receive a 5 percent preference. The preference is applied by the Department before the contract is awarded.

3. DVBE Incentive Application – Allowable Incentive Amounts

a) When the DVBE program is a required component of the solicitation, the minimum acceptable commitment level is three (3) percent. Incentive amounts applied begin at three percent and will not exceed five (5) percent.

b) When the Department waives DVBE program compliance from a solicitation, a responding firm’s DVBE participation is optional. Firms proposing DVBE participation are eligible to receive a DVBE incentive calculation from one (1) to five (5) percent. The incentive applied will be at the level of proposed DVBE commitment.

Example scale using high score method:

Available points example using sliding scale:

Administrative: 200 points Technical proposal: 400 points Cost proposal: 600 points Total: 1200 points

In the example above, there are 60 maximum DVBE Incentive points possible.

Confirmed DVBE Participation Possible Points Calculation:

1% - 1.99% inclusive 1% X 1200 = 12 2% - 2.99% inclusive 2% X 1200 = 24 3% - 3.99% inclusive 3% X 1200 = 36 4% - 4.99% inclusive 4% X 1200 = 48 5% and Higher 5% X 1200 = 60

Example results using high score method:

Proposing Firm A B C Responsive/Responsible Yes Yes Yes Total Points 1050 1155 1125 Eligible Preference SB None SB SB Preference points achieved 57.75 0 57.75

Points Subtotal 1107.75 1155 1182.75 Rank 3 2 1 DVBE Participation No (0%) Yes (5%) Yes (2%) Incentive Points Applied None 60 24 Adjusted Points 1107.75 1215 1206.75 New Rank 3 1 2

4. Order of Evaluation

a) Small Business Preference is calculated by multiplying the highest total points achieved by 5% and adding the resulting calculation to the total points of the Small Business firm. In this sample the calculation was based on 1155 points x .05 resulting in 57.75 additional points added to the certified Small Businesses (A and C).

b) DVBE Incentive Points are factored by multiplying the DVBE participation (%) identified by the total possible points that could be awarded (1200). This amount is then added to the firm’s total points. In the sample above, Firm B had 60 additional points added (.05% x 1200 total points available) to their total points placing them first for award. Firm C received 24 Incentive points, but this was not enough to place them first for award.

c) Under the High Score Method, it is possible to displace a high point Certified Small Business with the Application of the DVBE Incentive.

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 http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10295.4.&lawCode=PCC 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. Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

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

Bidder/Offeror.

d. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

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.

https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

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: Elizabeth.medeiros@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 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.

mailto:OLSProtests@dgs.ca.gov

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. Small Business Program

1. The Small Business Procurement and Contract Act (Gov. Code Section 14835 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 5% small business calculation preference, and

c. Provide the opportunity for proposing firms to receive a 5% non-small business calculation preference when achieving 25% small business participation through subcontracted efforts.

2. SMALL BUSINESS PREFERENCE

The Small Business preference provides certified small businesses and micro-businesses a calculation preference in the amount of five percent (5%) of the highest scored responsible and responsive proposal submitted by a proposing firm who is not a certified small business.

The small business preference is used as a calculation for determining the highest score and does not affect the actual price proposed.

The awarding department grants a certified small business a five percent (5%) Small Business preference on a proposal evaluation when a responsible non-small business has submitted the highest scored, responsive proposal pursuant to the evaluation solicitation method identified in a the proposal and the certified small business:

a. Includes in its bid a notification to the awarding department that it is a small business or that it has submitted to the DGS OSDS a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department of General Services as a small business; and

b. Submits a timely, responsive bid; and

c. Has been determined to be a responsible bidder.

Firms having pending Small Business or DVBE Certification applications under review by the Department of General Services concurrent with the proposal time frame should contact DGS/OSDS to request an expedite review/approval of their application in order to be considered for the small business preference during the evaluation of this proposal. Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process.

Firms must notify the Department in writing at the time of the proposal submission that they have an application for Small Business or DVBE certification under review at the DGS Office of Small and Disabled Veteran Business Certification, and that they wish to be considered for the Small Business Preference Calculation.

3. NON-SMALL BUSINESS PREFERENCE

The non-small business preference calculation may be applied when:

a. A responsible non-small business has agreed to subcontract a minimum of 25% of the net price proposed with a certified Small Business,

b. The non-small business firm is not the highest scored firm, and

c. The firm has submitted a responsive proposal.

Non-small business firms will be granted a five percent (5%) non-small business preference on a proposal evaluation by the awarding department if a responsible non-small business has been ranked as the highest scored proposal pursuant to the evaluation of the solicitation under the following conditions:

a. The firm has included in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more OSDS certified small business(s) and

b. The firm has submitted a timely, responsive bid; and

c. The firm is determined to be a responsible bidder; and

d. The firm Identifies OSDS certified small business(s) it commits to subcontract with. The bidder shall list certified SB subcontractors and include their name, address, phone number, a description of the work to be performed, and the percentage (as specified in the solicitation) per subcontractor.

4. NON-SMALL BUSINESS PREFERENCE CALCULATION

The Non-small business calculation preference five percent (5%) is used for bid evaluation purposes when there is at least one competing non-small business subcontracting at least twenty-five percent of its net price proposed to one or more certified small businesses, and award of the contract is made on the basis of the highest scored responsive, responsible bidder. The preference shall be computed as follows:

Firm A - High Score 1,250 Points Not a certified small business firm Firm B - Non-SB Proposal: 1,195 Points Prime firm includes 25% to certified

SB subcontractor participation Preference Calculation: 1,250.00 x .05 (5%) = 62.50 Firm B Non-SB Bidder Bid: 1,195.00 Calculated preference +62.50

1,257.50 points

Award is made to Firm B as the highest scored firm with 1257.50 points.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the proposal score of a small business and the proposal score of a disabled veteran enterprise, the award shall go to the disabled veteran that is also a small business.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the small business or non-small business subcontractor preferences awarded on a single proposal exceed $50,000, and in no event shall the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. The five percent (5%) 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 small business is responsive, responsible, and the highest scored firm, there is no need to compute the small business preference as the small business is already the highest scoring firm.

7. COMMERCIALLY USEFUL FUNCTION (Government Code 14837)

A certified small business, micro-business contractor, subcontractor or supplier, must meet commercially useful function requirements under Government Code section 14837(d) (4).

Selected firms must perform a “commercially useful function” 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 Government Code Section 14847 (d) (4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. A person or an entity is deemed to perform a “commercially useful function” if that person or entity does all of the following:

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

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

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

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

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

6. 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. SMALL BUSINESS - DVBE PROPOSING FIRM CUF REQUIREMENTS

The Department will determine, to the best of its ability, that your firm meets the criteria above for “commercially useful function”. In responding to this solicitation, you are confirming that, under Government Code 14837 Section 1, (d) (4) above, your business provides goods and/or services meet the definition of “commercially useful function”. In responding to this solicitation, you are confirming that, under CCR 1896.1 above, your business provides goods and/or services meet the definition of “commercially useful function”. All proposing firms are required to provide CUF documentation using the attached State’s Proposing firm Declaration Form GSPD-05-105, Attachment VII, 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.

9. PENDING SMALL BUSINESS CERTIFICATION

If your firm is seeking small business certification in order to be considered for small business preference related to this solicitation, you must have: 1) notified DGS, Office of Small Business and DVBE Services (OSDS) that you are responding to a solicitation and are seeking an Expedite Review of your small business certification application in response to the solicitation, 2) provided DGS OSDS with the proposal Key Action Dates page from the RFP itself and 3) must have submitted a complete application with all required forms and documentation to OSDS for review and approval by close of business on the Proposal Submittal due date.

Notify the Department if, at the time of proposal submission, your firm has a pending small…