RFQ_10204920_-_Devil_Canyon_Telecom_Circuit_(Final).pdf

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

DEPARTMENT OF WATER RESOURCES

715 P Street, P.O. BOX 942836

SACRAMENTO, CA 94236-0001

REQUEST FOR QUOTE (RFQ)

Release Date: January 24, 2025

The Department of Water Resources (DWR) invites contractors to review and respond to this Request for Quote (RFQ), entitled:

RFQ 10204920

Devil Canyon Telecom Circuit Services

Anticipated Contract Dates: March 1, 2025 through February 28, 2030

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, will incorporate by reference the State’s Information Technology General Provisions and Information Technology Personal Services language which are included in this solicitation.

To submit a quote for these services, you must comply with the instructions and requirements for the services contained in this document. The Mandatory Technical Requirements are delineated in Section II of this solicitation. The services required are delineated in the Statement of Work (SOW), Exhibit A.

Please note: DVBE Participation for this RFQ is required.

Read the attached document carefully. The RFQ due date is: February 11, 2024, by 3:00 p.m. PT. You may mail or hand-deliver your response (submittals by email or fax will not be accepted) to DWR’s Procurement Official as shown below:

DWR Procurement Official Contact: Peter Czerkies

Email: peter.czerkies@water.ca.gov

RFQ SUBMITTAL ADDRESS

By Mail * DWR Division of Business Services, Attn: Peter Czerkies, P.O. Box 942836, 715 P Street, 7th

Floor, Mailbox 19, Sacramento, CA 94236-0001 By Hand ** Please email Peter Czerkies at peter.czerkies@water.ca.gov to set a time for hand delivery.

Address for hand delivery will be: 715 P Street, Sacramento, CA 95814

Please Note: It is the Supplier’s responsibility to ensure responses are received by this RFQ’s Due Date and Time.

* U.S. Mail Delivery with or without a USPS tracking number, will be date stamped by DWR’s mailroom.

DWR’s Mailroom is opened to receive mail deliveries, Monday thru Friday, 8:00 a.m. to 4:00 p.m. excluding state holidays.

** Courier or Overnight Delivery Services must be made to the direct delivery physical address and arrive prior to the due date and time.

State of California – Department of Water Resources RFQ 10204920 Devil Canyon Telecom Circuit Services

TABLE OF CONTENTS

I. GENERAL INFORMATION

A. Background B. Purpose C. Location of Services D. Standard Conditions of Agreement E. Key Action Dates F. Submission of Questions G. Information Technology Provisions H. Generative Artificial Intelligence (GenAI) Disclosure I. Award of Agreement/Contract J. State’s Right to Reject K. Protests L. Economic Incentive Program M. Small Business Preference Programs N. Pending Small Business Certification O. Disabled Veteran Business Enterprise (DVBE) Incentive Program P. Commercially Useful Function (CUF) (Government Code 14837) Q. Bidder CUF Requirements R. Administrative Response Guidelines S. Administrative Response Requirements

II. EVALUATION AND SELECTION CRITERIA INFORMATION

A. Evaluation and Selection Process B. Tax Delinquent Status Verification C. Administrative Response Requirements (Evaluation Criteria) – (Pass/Fail) D. Technical Mandatory Requirements and Evaluation Criteria E. Contractor’s Cost Worksheet – (Refer to Exhibit B, Attachment 1) F. Applying Small Business Preference / DVBE Incentive Preference Calculations G. Final Scoring and Award

III. SAMPLE CONTRACT PACKAGE

Sample, STD 213 Statement of Work

Attachment 1 – Sample Work Order Attachment 2 – Sample Formal Acceptance Letter

Exhibit B – Budget Detail and Payment Provisions

TABLE OF CONTENTS

Attachment 1 – Cost Worksheet Exhibit C, IT General Provisions DGS PD-401 IT Exhibit D, DWR Additional Provisions

Attachment 1 – Protection of Confidential and Sensitive Information Attachment 2 – Non-Disclosure Certification Attachment 3 – DVBE Activity Report Form Attachment 4 – Small Business and DVBE Subcontractor Payment Certification

IV. RFQ Response Submittal Overview Attachment 1 – RFQ Bid Submittal Checklist Attachment 2 – Bid Response Certification Form Attachment 3 – Customer/Client References Form Attachment 4 – Payee Data Record, STD 204 Attachment 5 – Secretary of State’s Certification to do Business in California Attachment 6 – Drug-Free Workplace Certification, STD 21 Attachment 7 – Bidder Declaration, GSPD-05-105 Attachment 8 – California Civil Rights Laws Certification Attachment 9 – Disabled Veteran Business Enterprise Declarations, DGS PD 843 Attachment 10 – Small Business Certification(s) Attachment 11 – DVBE Certification Attachment 12 – Non-Small Business Preference Request Form Attachment 13 – California DVBE Program Requirements Attachment 14 – GenAI Reporting and Factsheet (STD 1000)

I. GENERAL INFORMATION

A. Background This contract is for a leased telecommunications circuit between Devil Canyon Power Plant and the Cedar Springs Dam. These locations are not currently serviced by the California Government Enterprise Network (CGEN) and are not available on the CALNET contract. The State of California does not own a telecommunications network path between these two locations.

B. Purpose This service will provide a logical Point-to-Point connection between two DWR locations indicated in the Location of Services section, allow DWR to use any Virtual Local Area Networks (VLANs) or Ethernet control protocol across the service without coordination with the vendor, allow DWR to connect their Customer Premise Equipment (CPE) using an Ethernet interface.

C. Location of Services The services will be performed between Devil Canyon Power Plant and the Cedar Springs Dam.

D. Standard Conditions of Agreement

1. Services 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.

4. Anticipated Term – The anticipated term of this agreement will be from March 1, 2025, to

February 28, 2030.

5. Availability – The selected Contractor and staff must be able to meet the requirements of this

RFQ and be ready to begin work on the anticipated contract start date as noted in above paragraph, unless notified otherwise. Changes to either the period of performance or contract value, or both, must be changed by a written Amendment to the Agreement, if the department exercises its option to extend services.

6. Commencement of Performance – Contractor shall not be authorized to deliver or commence performance of services as described in the Statement of Work (SOW) until written approval has been obtained from all entities. No delivery or performance of service may commence prior to the execution of the Agreement.

7. Anticipated Budget – The anticipated cost of this contract shall not exceed $500,000.

Quotes received for this RFQ shall not exceed the anticipated budget or they will be considered non-responsive and will not be considered for award.

8. Travel Costs – State does not anticipate any travel associated with this contract and will not fund any travel expenses related to this contract.

9. Unanticipated Tasks – State reserves the right to amend contract for time and increase the contract value by up to ten percent (10%) above the Contractor’s Subtotal Offer and set this amount aside for Unanticipated Tasks as they relate to the original Statement of Work (Exhibit

A). Additional dollars used for unanticipated tasks will be at the same rates as originally offered in bid submittal.

E. Key Action Dates It is recognized that time is of the essence. All proposers are advised of the key action dates and are expected to adhere to the required dates and times as stated below. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to this RFQ.

Key Action Dates Date*

1. Release of DWR RFQ January 24, 2025

2. Submission of Written Questions January 31, 2025, by 3:00 p.m. PT

3. DWR Response to Written Questions February 4, 2024

4. Submission of Quotes February 11, 2024, by 3:00 p.m. PT

5. Anticipated Contract Start Date March 1, 2025

*All dates after the Submission of Quotes (date and time) are approximate and may be changed if needed to allow the State additional time for evaluation and contract execution

F. Submission of Questions

1. All questions regarding the content of this Request for Quote must be submitted in writing to peter.czerkies@water.ca.gov by the Key Action Date identified above.

2. Questions not submitted by the Key Action Date shall be answered at the State’s option.

3. Responses to Vendor’s questions will be emailed to all vendors.

G. Information Technology Provisions The following information is incorporated into this RFQ. Please read the documents carefully.

Bidder must agree to the State’s Terms and Conditions listed below by signing the RFQ Bid Response Certification Form (Attachment 2) which can be found in Section IV of this RFQ. The State will not negotiate any of the State’s Terms and Conditions. Please read the documents carefully.

1. Bidder Instructions (GSPD-451), revised and effective 11/09/2011, may be view at:

https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/GSPD/Bidders-Instructions.ashx

2. General Services Procurement Division, Information Technology (IT) General Provisions Non-Cloud Goods & Services GSPD-ITGP (Non-cloud) Revised and Effective 11/12/2024, are incorporated herein by reference: https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts

H. Generative Artificial Intelligence (GenAI) Disclosure 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.

https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/GSPD/Bidders-Instructions.ashx https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts

Bidder/Offeror/Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI including, GenAI from third parties or subcontractors.

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

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

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

Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

I. Award of Agreement/Contract Award of contract, if made, will be in accordance with the Evaluation and Selection Criteria Evaluation Information section of this RFQ to a responsible bidder whose bid complies with all the requirements of the RFQ documents and any addendum thereto, except for such immaterial defects as may be waived by the State. Award, if made, will be made within forty-five (45) days after the schedule date for Contract Award as specified in the RFQ; however, a bidder may extend the offer by 45 days in the event of a delay of contract award.

The State reserves the right to determine the successful bidder(s) either on the basis of individual items or on the basis of all items included in its RFQ, unless otherwise expressly provided in the State’s RFQ. Unless the bidder specifies otherwise in its bid, the State may accept any item or group of items of any bid. The State reserves the right to modify or cancel in whole or in part this

RFQ.

Written notification of the State’s intent to award will be made to all bidders. If a bidder, having submitted a bid, can show that its bid, instead of the bid selected by the State, should be selected for contract award, the bidder will be allowed five (5) working days to submit a protest to the Intent to Award, according to the instructions contained in paragraph titled “Protests” of this RFQ.

J. State’s Right to Reject A quotation may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject all proposals and may waive any immaterial deviation in a proposal/quotation. The State’s waiver of immaterial defect shall in no way modify the RFQ document or excuse the proposing firm from full compliance with all requirements if awarded the agreement. DWR reserves the right to reject all proposals for reasonable cause. Proposals received after the due date and time will be refused (if delivered in person) or (if delivered late by mail or courier) returned unopened to the proposing firm.

K. Protests Any bidder’s issues regarding solicitation requirements must be resolved (or attempts to resolve them must have been made) before a protest may be submitted according to the procedure below.

These issues will be first resolved by the contact for the solicitation or if they result in a protest, the protest will be submitted to DGS Procurement Division Deputy Director to hear and resolve issues and whose decision will be final.

If a bidder has submitted a bid which it believes to be totally responsive to the requirements of the RFQ and to be the bid that should have been selected according to the evaluation procedure in the solicitation section on Evaluation and the bidder believes the State has incorrectly selected another bidder for award, the bidder may submit a protest of the selection as described below.

Protests regarding selection of the “successful vendor” will be heard and resolved by the Victim Compensation and Government Claims Board whose decision will be final.

All protests of award must be made in writing, signed by an individual authorized to bind the bidder contractually and financially, and contain a statement of the reason(s) for protest; citing the law, rule, regulation or procedure on which the protest is based. The protestor must provide facts and evidence to support the claim. Protests must be mailed or delivered to:

Department of General Services Procurement Division 707 Third Street, Second Floor South West Sacramento, California 95605 Fax Number. (916) 375-4611

AND

Department of Water Resources 715 P Street, Seventh Floor Sacramento, California 95814 Fax Number. (916) 902-8087

All protests to the RFQ or protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by DGS Procurement Division Deputy Director as promptly as possible, but not later than the date indicated in the Notification of Intent to Award.

Certified or registered mail must be used unless delivered in person, in which case the protester should obtain a receipt of delivery.

L. Economic Incentive Program Bidders 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 these economic incentive programs.

TACPA CONTRACT PREFERENCE

This solicitation contains Target Area Contract Preference Act (TACPA) preference request forms. Please carefully review the forms and requirements. Bidders 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 bidders, manufacturers, subcontractors and any other sources available at the time of the bid evaluation.

Bidder 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.

• TACPA Preference Request (STD 830):

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

• Bidder’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

• Manufacturer’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf

Any questions regarding the TACPA preference should be directed to DGS, Procurement Division at (916) 375-4400.

M. Small Business Preference Programs

1. The Small Business Procurement and Contract Act (Government 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 five percent (5%) small business calculation preference, and

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

Small Business Regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. The new regulations can be viewed at (www.pd.dgs.ca.gov/smbus). Access the regulation by Clicking on “Small Business Regulations” in the right sidebar. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services at (916) 375-4940.

http://www.documents.dgs.ca.gov/pd/poliproc/master-biddeclar08-09.pdf

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 responsive and responsible bid 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 applies a five percent (5%) Small Business preference to small business proposals during proposal evaluation when a non-small business has submitted the highest scored, responsible/responsive bid pursuant to the solicitation’s evaluation method identified in the proposal. The certified small business:

a. Must include in its bid evidence of a current DGS Office of Small Business and DVBE

Services (OSDS) Small Business certification.

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf http://www.documents.dgs.ca.gov/pd/poliproc/master-biddeclar08-09.pdf

b. If pending small business certification, a notification to the awarding department that it has submitted to 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

c. Must submit a timely, responsive bid; and

d. Must be determined to be a responsible bidder.

3. Non-Small Business Subcontractor Preference – A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation.

If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net price. All certified small businesses must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4). Responding bidders must:

a. Include in its bid a notification to the awarding department that it commits to subcontract at least twenty-five (25%) of its net bid price with one or more California certified small business(s),

b. Submit a timely bid as specified in the bid document,

c. Be determined to be a responsive and responsible bidder and

d. Identify the California certified small business(s) it commits to subcontract with. The bidder shall list certified small business 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.

Bidders with pending Small Business or DVBE Certification applications under review by the Department of General Services concurrent with the bid 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 bid.

Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process.

Bidders must notify the Department in writing at the time of the bid 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

4. Calculating Non-Small Business Preference – The non-small business calculation preference five percent (5%) is used for bid evaluation purposes only. Awards made as a result of the NSB preferences shall be awarded at the bidder’s original bid price. The preference shall be computed as follows:

Bidder A, (Low Bid), non-small business: $125,000 Bidder B, non-small business (subcontracting 25% to a certified $131,000 small business) Calculation Preference: $125,000 x .05 = $6,250

Bidder B $131,000 Subtract calculated preference - $6,250 Adjusted Bid for Bidder B $124,750

Award is made to Bidder B as the low bidder at the bid price of $131,000.

5. Small Business Non-Profit Veteran Service Agencies (SB/NVSA): SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference.

6. Ties between Certified Small Businesses and DVBE Businesses: In the event of a precise tie between the bid of a small business and the bid of a disabled veteran enterprise that is also a small business, the award shall go to the disabled veteran that is also a small business.

7. Maximum Allowable Preferences: In no event shall the amount of the small business or non-small business subcontractor preferences awarded on a single bid 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 bid price or the amount of the executed contract. When a certified small business is the lowest responsive, responsible bidder, then there is no need to compute the small business preference as the small business is the low bidder.

N. Pending Small Business Certification If your firm is currently seeking small business certification 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 relation to the solicitation, 2) provided DGS OSDS with the bid Key Action Dates page from the bid 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 of the Bid Submittal due date.

Notify the DWR representatives if, at the time of bid submission, your firm has a pending small business application with the Department of General Services, OSDS. State representatives will verify your certification is pending or has been approved.

O. Disabled Veteran Business Enterprise (DVBE) Incentive Program

1. Please refer to Page 1 of this RFQ to determine if DWR has elected to require DVBE participation for this RFQ.

2. Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides responsive/responsible firms the opportunity to receive additional incentive calculations.

The incentive is applied at the time of solicitation cost evaluation when a bidder has identified a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract effort. Application of the DVBE Incentive may not displace a certified small business low bidder.

Please refer to DWR Form 9526 (Attachment 13) for instructions regarding the DVBE incentive.

3. DWR Program Manager Pre-Review of DVBE Documentation – The Department’s DVBE Program Manager offers a pre-review of a Proposing Entity’s DVBE Incentive documentation prior to proposal submission. The State strongly recommends firms interested in bidding take advantage of this opportunity to ensure they are fully compliant with DVBE Program requirements.

Upon confirmation that a Proposing Entity’s DVBE documentation meets all program requirements, DWR’s SB/DVBE Program Manager will issue a Notification of Compliance (NOC). The Proposing Entity is required to include the NOC and the originals of all required DVBE documents in the entity’s proposal package.

To request a pre-review of your entity’s DVBE documentation, please email or deliver the documentation to the attention of:

Joanne Arcilla SB/DVBE Program Manager

Email: SB.DVBE@water.ca.gov

4. DVBE Incentive Program – Under California Code of Regulations 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 RFQ review when a proposing firm has identified and commits to using a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract effort. Application of the DVBE Incentive may place the contractor in line for contract award.

The following are key elements of the DVBE Incentive Program:

a. The DVBE Incentive is applied during the review process and is only applied to responsive offers from responsible contractors proposing the percentage(s) of DVBE participation for the incentive(s) specified in the RFQ.

b. DVBE Incentive participation is at the discretion of the contractor and is optional when overall DVBE program requirements are exempt by the State for that RFQ.

c. When requesting the Incentive application, a contractor must complete and return the DVBE Incentive Application Request included within this RFQ with their proposal at time of submission.

d. Services or commodities provided by the DVBE firm MUST meet the definition of a “Commercially Useful Function” as defined under Military and Veterans Code 999 (B) (i)

(ii) and under California Code of Regulations 1896.71 (l). A DVBE firm determined as not meeting CUF regulations will render the responding firm ineligible for the DVBE Incentive application.

5. DVBE Incentive Option vs. DVBE Program Requirements

1. A department may formally exempt an RFQ from California DVBE Program requirements, and still be required to include the DVBE Incentive when the department has not met DVBE program goals three of the previous two fiscal years. contractor should review the RFQ closely to determine if the California DVBE Program requirement is included in the RFQ language.

mailto:SB.DVBE@water.ca.gov

2. When an RFQ includes California DVBE Program requirements, compliance is not optional and must be met by the contractor. Firms failing to comply with DVBE program requirements, when part of the RFQ, will have their proposals rejected.

3. The incentive given is equal to the participation level identified by the contractor on Attachment 13, DWR 9526– Bidder Certification of DVBE Participation and will not be less than 1% and will not exceed 5%. Those firms identifying less than one percent will not be considered for the incentive application. The incentive amount for awards based on low price will vary in conjunction with the proposed DVBE participation. Unless a table that replaces the following has been expressly established elsewhere within the RFQ, the following percentages will apply for awards based on high points:

The example below is provided to show how to determine whether the designated DVBE incentive points fall with the acceptable percentage range. The following provides an example of how points MAY be assigned for an RFQ. It does not represent, nor should be considered, the only approach that a customer may use for an award based on high points.

An RFQ has assigned 300 points as the maximum amount for administrative requirements and technical requirements (excluding incentives). The cost points assigned total 300.

The point designation reflects a review methodology weight for cost of 50% where administrative and technical requirements (excluding any preferences and incentives) = 50% and cost = 50%.

The number of points established for the DVBE incentive correlated to participation is depicted using the scale below:

DVBE Incentive Points

Confirmed DVBE Participation DVBE Incentive Points to be Applied:

5% or Over 30 4% to 4.99% inclusive 24 3% to 3.99% inclusive 18 2% to 2.99% inclusive 12 1% to 1.99% inclusive 6

Total possible points, excluding points for socioeconomic incentives or preferences, in this sample RFQ equal 600 with 5% representing 30 points, 1% representing 6 points. The acceptable point range of the DVBE incentive must fall within the 1% to 5% range (6-30 points). The DVBE incentive points in this sample meet this criterion.

6. Order of Preference: First Small Business preference will be applied, followed by the DVBE Incentive calculation.

P. Commercially Useful Function (CUF) (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 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 products, Inventories, materials, and supplies required for the contract for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and

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.

Q. Bidder 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 RFQ, you are confirming that, under Government Code 14837 Section 1, (d) (4) above, your business provides goods and/or services that meet the definition of “commercially useful function”. All contractors are required to provide CUF documentation using the attached State’s Bidder Declaration Form GSPD-05-105, included in Section IV of this RFQ document. When completing the declaration, contractors must identify all subcontractors proposed for participation in the contract. Any contractors awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless the State agrees to a substitution.

R. Administrative Response Guidelines This RFQ and the Contractor’s offer in response to this document will be made a part of the contract. Responses to this RFQ must contain all data/information requested and must conform to the format described in this RFQ document. It is the Contractor’s responsibility to provide all required data and any other information deemed necessary for the State’s review team to determine and verify the Contractor’s ability to perform the tasks and activities defined in the Statement of Work location in Section III.

S. Administrative Response Requirements To be deemed responsive the following items must be submitted with your RFQ Response. An RFQ Submittal Checklist (Attachment 1) included in Section IV, may be used as a reference tool in ensuring all documents and attachments are returned with the RFQ response:

1. All RFQ responses must be addressed to the DWR Procurement Official identified in this RFQ by the date and time identified in Section I – Key Action Dates.

2. The Bidder must submit their offers in a sealed envelope labeled “RFQ 10204920 – Devil

Canyon Telecom Circuit Services.” The outside of the sealed envelope/box must be labelled as instructed on the cover letter to this RFQ.

3. Response copies: Bidder must submit one (1) hardcopy of their bid, and one (1) electronic copy on USB Flash Drive of all documentation required as part of this RFQ. Do not include the Cost Worksheet (Exhibit B, Attachment 1) within the hardcopies.

4. Cost Worksheet: Bidder must submit a Cost Worksheet (refer to Section III - Exhibit B, Attachment 1) The Cost Worksheet must identify the proposed staff member and hourly rate for each. If item is zero cost, Bidder must enter price as $0.00, otherwise the bid Cost Worksheet may be deemed unresponsive and disqualified. Bidders are reminded of the prohibition of selling items below their cost, which is prohibited under Business & Profession Codes.

5. Attachment 1 – RFQ Response Submittal Checklist (Required) (Refer to Section IV) The Response Submittal Checklist is designed to assist the bidder in ensuring all documents and attachments are returned with the response.

6. Attachment 2 – RFQ Response Certification Form (Required) Bidders submitting a response must include completed RFQ Response Certification form.

Bidders must also check the appropriate box regarding their acceptance of the State’s required IT language provisions as referenced in Section I, paragraph G, and Section III, sample contract package.

7. Attachment 3 – Customer/Client References (Required) Bidders submitting a response must include the required number of references as identified in Table 1 – Contractor’s Required Qualifications/Experience.

8. Attachment 4 – Payee Data Record (STD 204) (Required) Bidder must include a completed copy of the Payee Data Record, STD 204, with bid.

9. Attachment 5 – Vendor’s Certification to do Business in the State of California (If Applicable) – Bidder must (if applicable) submit an approved Secretary of State (SOS) certification with “Active” status or proof that certification is in process, to do business in the State of California.

10. Attachment 6 – Drug-Free Workplace Certification (STD 21) (Required) Bidder must include a completed copy of the Drug-Free Workplace Certification, STD 21, if Bidder has not previously done business with DWR.

11. Attachment 7 – Bidder Declaration (GSPD-05-105) (Required) All bidders must complete the Bidder Declaration GSPD-05-105 and include it with their offer.

When completing the declaration, bidders must identify all subcontractors, if any are proposed for participation in the resulting contract. Contractors awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract. Failure to include the Bidder Declaration may result in offer rejection.

12. Attachment 8 – California Civil Rights Laws Certifications Pursuant to Public Contract Code section 2010, all bidders or proposers executing or renewing a contract over $100,000 on or after January 1, 2017, must certify compliance with the California Civil Rights Laws and Employer Discriminatory Policies.

13. Attachment 9 – Disabled Veteran Business Enterprise Declaration (DGS PD 843) All prime DVBE firms or DVBE firms acting as subcontractors for materials, supplies, services or equipment rental must submit an original signed DVBE Declaration, DGS PD 843 with their offer, or provide one to the prime for inclusion with their offer submittal.

14. Attachment 10 – Small Business Certification Contractors claiming the small business preference or who have committed to subcontract at least 25% of the net offer price with one or more California certified small businesses must provide their OSDS certification. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the offer due date, and the OSDS must be able to approve the application as submitted.

Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time offers are due.

Questions regarding certification should be directed to the OSDS at (916) 375-4940.

15. Attachment 11 – DVBE Certification Firms proposing DVBE subcontractor(s) must include the selected DVBE firm’s DGS OSDS firm certification at the time of offer submission. Failure to include the DVBE certification will result in no application of the DVBE incentive during bid evaluation.

16. Attachment 12 – Non-Small Business Preference Request Form The Small Business Procurement and Contract Act (Gov. Code Section 14835 et. Seq.), you have selected, and mutually agreed, to partner with a certified Small Business subcontractor to provide commodities or services related to the performance of the requested services identified in this RFQ.

Any firm responding to this RFQ desiring to claim this preference is required to submit the Non-Small Business (NSB) Preference Request form with their offer. Contractors submitting incomplete NSB Preference Request forms will not be eligible to receive the NSB preference.

Firms requesting the NSB preference must include the DGS OSDS Small Business certification with the NSB preference form for the Small Business subcontractor(s) listed on the NSB form. Failure to include the certification will result in no application of the NSB preference during offer review.

17. Attachment 13 – Bidder Certification of DVBE Participation (DWR 9526) The department opts to include the DVBE incentive for this solicitation. However, if the department elects to include the DVBE program requirements in this solicitation as noted on Page 1 of this RFQ this form is required.

18. Attachment 14 – Generative Artificial Intelligence (GenAI) Disclosure (STD 1000) All Bidders/Offerors must complete the STD 1000 to provide notification to the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

Failure to disclose GenAI to the State and submit the GenAI Reporting and 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 Reporting and 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.

II. EVALUATION AND SELECTION CRITERIA INFORMATION

A. Evaluation and Selection Process

1. Selection Basis – The State will put each RFQ offer response through a process of evaluation to determine the responsiveness of bidders to the State’s needs. Award of the Contract will be made to the Supplier that meets all of the Administrative Requirements stated below and provides the lowest net cost quotation after SB Preferences and/or DVBE or other applicable incentives are applied. This selection process is designed to identify Contractors that demonstrates the “Best” capability to meet the State’s requirements based on the Administrative and Technical Requirements as defined in the RFQ. Final selection will be made to the lowest monetary responsible bidder achieving a “pass” on the technical evaluation, after the application of preferences.

2. False or Misleading Information: Bids containing false or misleading statement or providing references that do not support an attribute or condition claimed by the bidder may be rejected.

If, in the opinion of the State, information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this RFQ, it will be the basis for rejection of the bid.

3. Conformance with Requirements: At the time of bid opening, each RFQ offer response will be checked for the presence of requirement information in conformance with the submission requirements of this RFQ. DWR will evaluate each RFQ response to determine its responsiveness to the requirements. The overall responsiveness of each RFQ response is based on the complete response from the Contractor to the RFQ requirements.

4. Mathematical Accuracy: The Contractor’s Cost Worksheet, Exhibit B, Attachment 1, (located in Section III) will be checked for mathematical accuracy and scored. Errors will be corrected in accordance with the Bidders Instructions.

5. Tie Bids: If there are tied bids, representatives of the State will draw straws to pick the winning bidder. The drawing will be witnessed and documented by two or more State employees, at least one of which is a Business Services Office (BSO) employee.

B. Tax Delinquent Status Verification

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

2. At the time of bid evaluation, prior to contract award and execution, the State will verify all bidders and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the Board of Equalization. Any bidder or subcontractor listed as tax delinquent shall result in a bid rejection and will not be considered for contract award. Bidders 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

Top 500 Sales & Use Tax Delinquencies in California

Franchise Tax Board – Top 500 Delinquent Tax Payers Top 500 Past Due Balances 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

C. Administrative Response Requirements (Evaluation Criteria) – (Pass/Fail) The administrative requirements defined below will be reviewed and Contractor will receive a “Pass, Fail, or N/A” for each requirement listed below. Failure to provide all required items may be grounds for rejection as determined by evaluation team. Minor omissions may be determined to be immaterial, and Contractor may be allowed to correct the deficiency within a reasonable period of time prior to the final selection.

Example:

Administrative Requirements Evaluation Criteria Pass/Fail

a. Did Bidder label bid package as shown in the cover letter to this RFQ?

b. Did Bidder submit 1 original copy and 1 electronic media on USB Flash drive as requested?

c. Did Bidder submit Cost Worksheet in a separate sealed envelope labeled “DWR RFQ 10204920 – Cost Worksheet”?

Administrative Forms – 1 original required Required /

If applicable

Pass Fail N/A

Attachment 1 RFQ Bid Submittal Checklist Required

Attachment 2

Bid Response Certification Form (Required) - Bidder must check the appropriate box regarding acceptance of the State’s required language and sign the form.

Required

Attachment 3 Customer/Client References Required Attachment 4 Payee Data Record (STD 204) Required

Attachment 5 Certification to do Business in the State of California If Applicable

Attachment 6 Drug-Free Workplace Certification (STD 21) Required Attachment 7 Bidder Declaration (GSPD-05-105) Required

Attachment 8 California Civil Rights Laws Certification Note:

Required if bid cost exceeds $100,000 If Applicable

Attachment 9 Disabled Veteran Business Enterprise Declarations (DGS PD 843) If Applicable

Attachment 10 Small Business Certification (Bidder and/or Subcontractor) If Applicable

Attachment 11 DVBE Certification (Bidder and/or Subcontractor) If Applicable Attachment 12 Non-Small Business Sub-Contractor Preference If Applicable

Attachment 13 Bidder Certification of DVBE Participation (DWR 9526) If Applicable

Attachment 14 Gen AI Disclosure & Factsheet (STD 1000) Required The Administrative team will review Contractor’s response to verify the submittal all required Technical documents. Final review and scoring will be completed by the Technical Review team.

Table 1 Three (3) Customer Client References providing examples of the Contractor meeting the Minimum Qualifications listed in the RFQ.

Required

D. Technical Mandatory Requirements and Evaluation Criteria All administratively responsive RFQ responses will be reviewed and scored with either a “Pass or Fail”. Below are the criteria and supporting documentation required for each rating category that will be scored. Selection will be based on lowest cost that meets all the Administrative Requirements stated below and provides the lowest net cost quotation after SB preference and/or DVBE or other applicable incentives are applied.

The overall responsiveness of each RFQ response is based on the complete response from the Contractor to the RFQ requirements, including the statement of work for the project. The Contractor’s Cost Worksheet will then be checked for mathematical accuracy. Mathematical errors will be corrected in accordance with the Bidders Instructions.

TABLE 1 – MINIMUM QUALIFICATIONS

Bidder must provide three (3) customer references for services performed that are similar in nature to this RFQ’s Statement of Work and are relevant to the Contractor’s response. Please use the form Attachment 3 – Customer/Client References included in Section III of this RFQ. The response must demonstrate that the Bidder is able to meet all of the following Minimum Qualifications and demonstrate that the bidder can meet all elements of the Statement of Work.

1. Standards Pass/Fail The Contractor’s (Contractor) service will provide Ethernet services that comply with all applicable standards as set by the following standard bodies:

a. Metro Ethernet Forum (MEF);

b. Internet Engineering Task Force (IETF);

c. International Telecommunications Union (ITU); and,

d. Institute of Electrical and Electronics Engineers, Inc. (IEEE).

2. Security Pass/Fail Contractor will physically secure all data and networking facilities through which data traverses Contractor’s WAN complying with the physical security controls of NIST SP 800-53, ISO/IEC 27001, or equivalent standards.

3. Data Breach Reporting Pass/Fail If Contractor determines that a breach of data has occurred that may involve DWR Customer data, the nature and scope of the breach (as it affects DWR data) will be reported to DWR within twenty-four (24) hours of that determination.

4. End-to-End Ethernet Delivery Pass/Fail Contractor will provide a seamless end-to-end service traversing from the Customer Premise Equipment (CPE) through the Contractor's network minimizing conversion of protocols.

5. Service Frame Delivery options supported will include: Pass/Fail

a. Unicast Frame Delivery;

b. Multicast Frame Delivery as per RFC 11 12;

c. IEEE 802.1 Bridging and Management Standards; and,

d. Broadcast Frame Delivery as per IEEE 802.3

E. Contractor’s Cost Worksheet – (Refer to Exhibit B, Attachment 1) Bidder must submit their Cost Sheet in a separate sealed envelope labeled “RFQ 10204920 – Cost Worksheet” based on DWR’s Statement of Work (Exhibit A). Contractor must complete the cost sheet that identifies total cost per transaction as described in the Statement of Work using Exhibit B, Attachment 1 form. This form can be found in Section III – Sample Contract Package.

F. Applying Small Business Preference / DVBE Incentive Preference Calculations For the purpose of evaluation, the small business preference is applied first followed by the DVBE Incentive calculation. The DVBE incentive cannot displace award to a #1 ranked small business.

G. Final Scoring and…