RFQ_2024-01_Legal_eDiscovery_-_SOLICITATION_-_ADDENDUM__2.pdf

State of California Procurement and Business Services State Lands Commission https://www.slc.ca.gov/contracting/

August 26, 2024

Request for Quote #2024-01 IT Goods

Legal eDiscovery Software Solution

ADDENDUM #2

ADDENDUM #2 – September 4, 2024 – By addendum to this RFQ, the following edits have been made:

- RFQ Page 1, Section 2 (a) – Being procured per State Contracting Manual Vol 2, Section 1002

- RFQ Page 4, Section 7 (b) (iv) – Email submission is not acceptable. Reference to emailed proposal has been stricken.

- RFQ Page 4, Section 8 (b) (viii) – Administrative Requirement – copy of Seller’s Permit has been removed.

ADDENDUM #1

ADDENDUM # 1 – August 28, 2024 – By addendum to this RFQ, the following edits have been made:

- RFQ Page 1, Section 3 (a) (ii) Attachment 1 – Cost Bid Worksheet – Description and Specs edited

- RFQ Page 1, Section 4 Attachment 1 – Cost Bid Worksheet – Description and Specs edited

- RFQ Page 3, Section 7 (b) (i) Attachment 1 – Cost Bid Worksheet – Description and Specs edited

- RFQ Page 4, Section 8 (a) (ii) Attachment 1 – Cost Bid Worksheet – Description and Specs edited

1) INTRODUCTION – The California State Lands Commission (Commission) was established in

1938 with authority detailed in Division 6 of the California Public Resources Code. The members of the Commission include the Lieutenant Governor, the State Controller, and the State Director of Finance. The first two are statewide elected officials while the last is a cabinet-level officer appointed by the Governor. The Commission is assisted by a staff of more than 200 specialists in mineral resources, land management, boundary determination, petroleum engineering, and the natural sciences. The staff is managed by an Executive Officer appointed by the Commission.

2) NOTICE TO PROSPECTIVE CONTRACTORS – The California State Lands Commission (“Commission” or the “State”, considered as the same entity) is soliciting quotes pursuant to this Request for Quote (RFQ) and you are invited to review and respond to this solicitation.

a) This agreement is being procured as an informal solicitation, IT Services under $100,000, value effective method, and per the State Contracting Manual Vol 2, Sections 10011002 and 1404.05.

https://www.slc.ca.gov/contracting/

Request for Quote (RFQ) 2024-01 Page 2 of 12 State Lands Commission Legal eDiscovery Solution www.slc.ca.gov

b) Read this document carefully. You must comply with the instructions contained in this document.

c) Bidder must be a licensed/authorized reseller of the proposed solution.

d) Current solution: ZyLAB One Business Package (1TB Hosted Storage, 100 insights entity extraction, 1 machine translation, 10 A/V transcription/search)

3) PURPOSE & SCOPE OF WORK

a) Purpose - The purpose of this RFQ is to solicit qualified contractors to provide an eDiscovery tool designed to assist legal teams in managing electronic discovery processes. These tools help in the collection, processing, review, and analysis of large volumes of electronic data (such as emails, documents, and databases) relevant to legal cases.

i) Key features typically include:

(1) Data Collection: Securely gathering data from various sources.

(2) Processing: Converting collected data into searchable formats.

(3) Review: Allowing legal teams to search, filter, and tag documents for relevance.

(4) Analysis: Providing insights through advanced analytics, such as identifying key documents or communication patterns.

(5) Production: Preparing documents for presentation in legal proceedings.

ii) Scope of Work – See Attachment 1 – RFQ 2024-01 Cost | Bid Worksheet – Addendum #1

4) COST/BID WORKSHEET – The cost proposal shall be submitted by completing the Cost/Bid Worksheet: Attachment 1 – RFQ 2024-01 Cost Bid Worksheet – Addendum #1

5) PAYMENT – Commission will issue a purchase order (PO). Contractor agrees to accept payment in the form of a warrant (check) issued by the California State Controller's Office (SCO). The contractor's invoice shall include the PO number and be delivered to CSLC.AccountsPayable@slc.ca.gov. Invoices may not be delivered to individual staff. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927 et seq. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than forty-five (45) days after (i) the date of acceptance of Deliverables or performance of services; or (ii) receipt of an undisputed invoice, whichever is later.

This will be paid by:

Accounting CA State Lands Commission 100 Howe Avenue – Suite 100S Sacramento, CA 95825 Deliver invoice to: CSLC.Accountspayable@slc.ca.gov

This will be shipped to:

Legal Unit CA State Lands Commission (Commission) 100 Howe Avenue – Suite 100S

CSLC.Legal@slc.ca.gov mailto:CSLC.AccountsPayable@slc.ca.gov https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=927&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=927&lawCode=GOV mailto:CSLC.Accountspayable@slc.ca.gov mailto:CSLC.Legal@slc.ca.gov

Request for Quote (RFQ) 2024-01 Page 3 of 12

6) KEY ACTION DATES

# Key Event Date Time

1 Request for Quote Released to the Public Friday, August 23, 2024 2:00 p.m.

2 Bidder Quotes Due Monday, September 9, 2024 3:00 p.m.

3 Notice of Intent to Award (Subject to change) Thursday, September 12, 2024 4:00 p.m.

3 Term Dates – 1 year 10/01/2024 to 09/30/2025 End of day

a) Bidders are advised of the key dates and times shown above and are required to adhere to them.

b) Addendum to RFQ: The Commission may modify the solicitation before the bid submission deadline by issuing an addendum.

7) BID SUBMISSION

a) Two-Envelope Evaluation Procedure:

i) Envelope #1 - Cost proposal must be sealed in its own envelope and clearly labeled as

“Cost.”

ii) Envelope #2 - The Administrative and Technical proposals must be submitted together in a sealed envelope and clearly labeled as “Administrative and Technical.”

iii) Administrative and Technical proposals will be evaluated to determine responsiveness of the bidder. (Cost proposals are not to be opened. See step 5 for when cost proposals are opened.)

iv) All bidder responses will be kept sealed and under lock and key until evaluation of all technical and administrative criteria is completed and the results published.

v) The sealed cost proposals for responsive proposals shall then be opened at the time and place designated in Key Action Dates and the remainder of the evaluation completed. (Cost proposals of non-responsive bids/proposals will not be opened.)

b) Bidders should submit three (3) hard copies of their proposal by the submission deadline. Each envelope should contain three (3) copies of the proposal. To submit your quote, please deliver the package with the required attachments by the date and time specified in the Key Action Dates to:

Attn: Contracts, Kevin Beard CA State Lands Commission 100 Howe Avenue, Suite 100S

i) Important Note: Only bids quoted on the RFQ 2024-01 Cost Bid Worksheet –

Addendum #1 will be considered.

ii) For all communications, the subject line should include: Request for Quote 2024-01.

iii) Please contact us via email at CSLC.solicitations@slc.ca.gov if you have questions about this solicitation or to verify receipt of your package.p file://AZFS01/Groups/ADMIN/Contracts/2%20Solicitation%20Files/2023-24/Bid%20Log%202023-03%20Zylab/A.%202023-03%20Solicitation%20Drafts/CSLC.solicitations@slc.ca.gov

Request for Quote (RFQ) 2024-01 Page 4 of 12

iv) Importance of Meeting Deadlines: Bidders are responsible for the delivery of submissions to the Commission prior to the submission deadline. The mailed proposal will be considered to be submitted on time if the Bidder provides the Commission with the tracking information that indicates that the package will arrive at the Commission by the submission deadline. Postal service postmarks, however, will not be accepted as proof of timely delivery. The emailed proposal will be considered to be submitted on time if the email shows a timestamp that is before the submission deadline. Faxed submissions will not be accepted. The RFQ has stated deadlines for submitting materials to the Commission which will be strictly enforced. Submissions that are incomplete or received after the stated deadline will not be accepted or reviewed.

8) ADMINISTRATIVE REQUIREMENTS

a) To be considered a responsive bidder, the below attachments must be submitted, and requirements met.

b) Submission element requirements:

i) REQUIRED – Timely Submission

ii) REQUIRED – Attachment 1 (Signed and Completed Commission Cost Bid Worksheet) –

EDITED – ADDENDUM #1

iii) REQUIRED – Attachment 2 (Payee Data Record – STD 204)

iv) REQUIRED – Attachment 3 (Recycled Content Certification Form – CalRecycle 74)

v) REQUIRED – Attachment 4 (Darfur Contracting Act Certification – DGS PD 1)

vi) REQUIRED – Attachment 5 (GenAI Disclosure & Fact Sheet)

vii) REQUIRED – Copy of Business License viii)REQUIRED – Copy of Seller’s Permit

ix) OPTIONAL – Company quote document which repeats quote on company letterhead

c) SB and DVBE CA Certified Companies

i) IF APPLICABLE – Attachment 6 (Bidder Declaration – GSPD 05-105)

ii) IF APPLICABLE – Attachment 7 (Disabled Veteran Business Enterprise Declarations –

DGS PD 843)

iii) IF APPLICABLE – Copy of Small Business (SB) or Disabled Veteran Business Enterprise

(DVBE) State of California Certification

d) RECYCLED CONTENT PRODUCTS – State agencies are required to report purchases in many product categories. To comply those requirements, contractors are required to complete and return the attached Recycled Content Certification Form (CalRecycle 74).

e) GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) – 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.

i) 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.

ii) The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder/Offeror.

iii) 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 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www2.calrecycle.ca.gov/Docs/Web/111480 https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf#:%7E:text=DGS%20PD%20843%20%28Rev.%209%2F2019%29%20Formerly%20STD.%20843,or%20equipment%20%5BMilitary%20and%20Veterans%20Code%20Section%20999.2%5D.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf#:%7E:text=DGS%20PD%20843%20%28Rev.%209%2F2019%29%20Formerly%20STD.%20843,or%20equipment%20%5BMilitary%20and%20Veterans%20Code%20Section%20999.2%5D.

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true https://www2.calrecycle.ca.gov/Docs/Web/111480

Request for Quote (RFQ) 2024-01 Page 5 of 12 reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

iv) 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.”

f) SELLER’S PERMIT – Please note that award will be conditional on providing the following document prior to award: You must provide your company’s California retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization (BOE), pursuant to all requirements as set form in Sections 6487, 7101 and sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract code.

g) PAYEE DATA RECORD – All bidders are required to submit a Payee Data Record, STD.

Form 204 listing their Taxpayer Identification Number.

h) BUSINESS IN GOOD STANDING – Bidder acknowledges that when agreements are to be performed in the State by corporations or vendors, the State will verify, prior to awarding any Commission contract, the following information in order to ensure that all obligations due to the State are fulfilled:

i) Corporation in Good Standing – The Commission will verify with the Office of the

Secretary of State (SOS) that the bidder is a corporation currently qualified to do business in California. The bid will be considered non-responsive if the bidder declares as a corporation and is not listed with the SOS.

(1) Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.

ii) State Tax Delinquency – The Commission will verify with the Franchise Tax Board (FTB) and California Department of Tax and Fee Administration (CDTFA) that the bidder is not on a prohibited list due to tax delinquencies. The bid will be considered non-responsive if the bidder appears on any of these lists.

iii) Business Licensing – The prime and subcontractor shall have business licenses: If a contractor or sub-contractor is located within the State of CA, a business license from the City/County in which it is headquartered is required. If contractor is a corporation, a copy of incorporation documents is sufficient.

iv) Review for Federal Debarment and Suspension (Executive Orders 12549 and 12689)

– A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Based on “2 CFR Appendix II to Part 200. Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.”

9) TECHNICAL REQUIREMENTS – See Attachment 1 – Cost Bid Worksheet.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Request for Quote (RFQ) 2024-01 Page 6 of 12

10) EVALUATION AND SELECTION

a) The Commission will put each bid through an evaluation process to determine its responsiveness to the RFQ.

i) Responsive - Bids that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected. If in the opinion of the State, such 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 the rejection of the bid.

ii) Responsible – A bidder that has submitted a responsive bid and that possesses the capability to fully perform the Contract requirements in all respects including but not limited to: demonstrated experience, personnel, equipment, and finances to perform the requirements of the contract and the integrity and reliability to assure good faith performance shall be determined by the Commission as a responsible bidder.

b) Responses to the RFQ will be assessed to determine the best value for the Commission. The selection, if made, will be awarded to a single bidder after considering any applicable preferences and requirements prescribed herein, and will be subject to budgetary, legislative, and control agency approval.

c) Responses to this RFQ will be evaluated in phases:

Phase 1- Administrative Requirements. The administrative team will review responses to the Administrative Requirements.

Phase 2 – Technical Requirements. The evaluation team will review the bidder’s proposal.

Phase 3 – Cost Proposals. The sealed cost proposals for responsive proposals shall then be opened at the time and place designated in Key Action Dates and the remainder of the evaluation completed including application of applicable incentives. (Cost proposals of non-responsive bids/proposals will not be opened.)

d) Scoring Criteria

i) The table below lists the evaluation categories and the weight each will carry in the overall evaluation of each proposal:

Line# Scoring Criteria Weight Points

1 Administrative Requirements Pass/Fail Pass/Fail

2 Operational Fit/Integration 35% 350 3 Government Functionality 20% 200 4 Risk Mitigation 10% 100 5 Security 5% 50 6 Cost 30% 300 7 Totals 100% 1000

ii) Evaluation Team Recommendation - After application of the weighted evaluation criteria described above, the highest-rated proposal from a responsible bidder shall be

Request for Quote (RFQ) 2024-01 Page 7 of 12 recommended for selection. The winning bidder shall be notified by email of the intent to award.

iii) The Commission Evaluation Team will evaluate bidder proposals in these areas:

1. Administrative Requirements

2. Operational Fit/Integration

3. Government Functionality

4. Risk Mitigation

5. Security

6. Cost

e) Rating Criteria for Evaluators

Evaluators will assign technical points to all categories using these scoring criteria:

Rating Relation to Requirements Strengths Deficienci es Weaknesses Likelihood of Success Score

Excellent Superior attainment of all requirements

Numerous and significant in key areas None Minor, if any Very High 10

Good Expected to meet all requirements

Some and significant in key areas None

Minor, but are far outweighed by strengths

High 7.5

Acceptable Capable of meeting all requirements

Some in non-key areas Minor

Minor, but are outweighed by strengths Fair 5

Marginal

May not be capable of meeting all requirements

None, or some that are outweighed by weaknesses or deficiencies

Significant Significant Poor 2.5

Unacceptable Not likely to meet all requirements

None, or some that are far outweighed by weaknesses or deficiencies

Needs major revision

Needs major revision None 0

i) The above rating criteria is different and distinct from the methodology for point calculation.

The evaluation rating criteria details how the evaluation committee will score each technical element with 10 being the highest score and 1 being the lowest score.

(1) These 1-10 scores are then translated into points which are calculated based on the individual criterion’s weight.

(a) For example, if a bidder’s response element is rated five (5) out of ten (10) by the evaluation committee in the Qualifications Narrative criterion, they will receive 50% of the one hundred (100) points available, or fifty (50) points in this evaluation criterion.

(b) Evaluators must verify all mathematical calculations.

Example: Verify that line extensions are computed correctly and when all lines are added together, they total the final bid total.

Request for Quote (RFQ) 2024-01 Page 8 of 12

11) COST SCORE

Cost (300 points) Cost proposals are presented by updating the Cost | Bid Worksheet.

Each bidder’s cost score will be calculated using the ratio of the lowest cost proposal to the bidder’s cost, multiplied by the maximum number of cost points available (300 for this example), as shown in the calculation below:

Lowest Total Cost Bid X Total cost points available Bidder Total Cost

Example: Refer to the table below for an example of the cost score calculation process. Cost figures in the example below explain the calculations and have no other significance.

Cost Evaluation and Scoring Methodology (Example only)

Bidder Grand Total

Cost Calculation Cost Points Awarded

A $400,000 $300,000 X 300 $400,000 225

B $350,000 $300,000 X 300 $350,000 257

C $300,000 $300,000 X 300 $300,000 300

12) PROTEST – There is no protest right for this method.

13) PREFERENCE PROGRAMS

1) Small Business (SB) Preference

a) This RFQ does not require bidders to meet a minimum SB participation percentage or goal.

Participation in this program is optional. However, if bidders use subcontractors, bidders are encouraged to subcontract with SBs.

b) Scoring Incentive - Section 14835, et seq. of the California Government Code requires a 5% preference be given to bidders who qualify as a SB. The definition of a small business for the delivery of goods and services is contained in California Code of Regulations (CCR’s), Title 2, section 1896, et seq. The SB preference is for California-based Certified SB’s (CCSB) only.

i) A bidder claiming the 5% preference must be certified by the State of California as a small business or must commit to subcontract at least 25% of the net bid price with one or more CCSB. Certification must be obtained no later than 3:00 p.m. on the bid due date.

ii) The incentive is applied in determining the lowest monetary bid or best value by reducing the qualified bidder’s price by the amount of the incentive as computed on the https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14835&lawCode=GOV https://www.law.cornell.edu/regulations/california/2-CCR-1896.4 https://www.law.cornell.edu/regulations/california/2-CCR-1896.4 https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/File-a-Certification-Recognition-Expedite-Request/

Request for Quote (RFQ) 2024-01 Page 9 of 12 lowest price submitted by a responsive bidder. This reduction is applied solely for evaluation purposes.

iii) The preference is used only for computation purposes to determine the winning bidder and does not alter the amounts of the resulting contract. A contract awarded on the basis of the preference is awarded to the small business, microbusiness or non-small business for the actual amount of the proposal.

iv) During the contract term, the Contractor’s SB compliance will be calculated on the completed work as verified by an audit of the Contractor’s invoices and Contractor’s payments to designated subcontractors.

c) For more information on the requirements of, and how to obtain SB and DVBE certification, please visit the DGS website.

i) If a bidder is currently certified as a small business by the Department of General

Services, Office of Small Business and DVBE Services, or any city, county, federal, etc., certifying office, a copy of that certification is required.

ii) If the bidder or proposed subcontractor possesses a Small Business Certification and wishes to take advantage of the preference program, the bidder must complete and submit the Bidder Declaration GSPD-05-105 – Attachment 6, of the proposal.

2) Disabled Veteran Business Enterprise (DVBE) – Declaration & Program Incentive

a) The Contract does not have a mandatory DVBE participation goal. Participation in the

Commission’s DVBE program is optional. However, if bidders use subcontractors, bidders are encouraged to subcontract with DVBEs.

i) Under Military and Veterans Code section 999.2, each state department has a participation goal of not less than three percent (3%) for disabled veteran business enterprises. These goals apply to the overall dollar amount expended each year by the awarding department.

ii) The Commission recognizes disabled veterans for their service and has a DVBE Participation Program. The program is intended to further veterans’ participation in Commission contracting, promote competition, and encourage greater economic opportunity.

iii) The Contractor will identify those subcontractors that are certified DVBEs and identify the contract price amounts allocated to those subcontractors on the Bidder Declaration form (Std. GSPD-05-105 | Attachment 6)

iv) For general information regarding DVBE contracting assistance, email osdshelp@dgs.ca.gov or call (916) 375-4940.

(1) A Contractor may achieve participation by qualifying as a DVBE or by contracting with DVBE subcontractors. DVBEs must perform a commercially useful function (See section 3 below), related to the bid specifications, as required by Military and Veterans Code section 999(b)(5)(B).

b) Scoring Incentive – In order to encourage DVBE participation, the Commission will apply a DVBE incentive as follows:

Confirmed DVBE Participation DVBE Incentive 5% or More 5% 4% to 4.99% 4% 3% to 3.99% 3% 2% to 2.99% 2% 1% to 1.99% 1% https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.dgs.ca.gov/-/media/8B524DA41A3E46B3ADBC69D8D7725E02.ashx https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999.2&lawCode=MVC https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf mailto:osdshelp@dgs.ca.gov

Request for Quote (RFQ) 2024-01 Page 10 of 12

i) The incentive is applied in determining the lowest monetary bid or best value by reducing the qualified bidder’s price by the amount of the incentive as computed on the lowest price submitted by a responsive bidder. This reduction is applied solely for evaluation purposes.

ii) During the contract term, the Contractor’s DVBE compliance will be calculated on the completed work as verified by an audit of the Contractor’s invoices and the Contractor’s payments to designated subcontractors.

iii) If the bidder or proposed subcontractor possesses a Disabled Veteran Enterprise Certification and wishes to take advantage of the preference program, the bidder must complete and submit the Bidder Declaration GSPD-05-105 – Attachment 6, and Disabled Veteran Business Enterprise (DVBE) Declaration DGS PD 843 – Attachment 7 with its proposal package.

3) Commercially Useful Function (CUF)

a) Only State of California, Office of Small Business and DVBE Services (OSDS)- certified

SBs/Micro SBs and DVBEs who perform a Commercially Useful Function (CUF) relevant to this solicitation may be used to qualify for incentives. When responding to this RFQ, bidders will need to verify each SB/DVBE subcontractor’s certification with OSDS to ensure SB/DVBE eligibility.

b) An SB/DVBE certified Contractor (prime contractor, subcontractor or supplier of goods/services) is performing a CUF when the contractor is doing all of the following:

i) Executing a distinct element of the contract work including supplying of goods/services.

ii) Performing, managing, or supervising the work including supplying of goods/services.

iii) Performing work that is normal for the Contractor’s business services and functions.

iv) Is responsible, with respect to products, inventories, materials and supplies required for the subcontract, for negotiating price, determining quality and quantity, ordering, installing (if applicable), and paying for the material.

v) Not subcontracting a portion of the work greater than expected by industry practices.

vi) A SB/DVBE certified Contractor (prime contractor, subcontractor or supplier of goods/services) is NOT performing a Commercially Useful Function (CUF) if the Contractor is:

(1) An extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SB/DVBE participation.

(2) Not being used to perform the work as stipulated in the bid.

(3) No longer being used to provide goods/services listed in the initial bid response.

4) Target Area Contract Preference Act (TACPA) – This RFQ does not include TACPA preferences.

5) Total Preference – The total preferences combined may not exceed 15% for $100,000, whichever is lower.

14) BIDDER DECLARATION – Written solicitations shall include the Bidder Declaration (GSPD 05-

105) to allow bidders to identify if they are a DVBE and identify DVBE subcontractors (if applicable), their proposed contract function and the corresponding percentage of 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-give percent (25%) of the net bid price. All certified small businesses must perform a https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf#:%7E:text=DGS%20PD%20843%20%28Rev.%209%2F2019%29%20Formerly%20STD.%20843,or%20equipment%20%5BMilitary%20and%20Veterans%20Code%20Section%20999.2%5D.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.tacpa.dgs.ca.gov/

Request for Quote (RFQ) 2024-01 Page 11 of 12

“commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4). Definition of a Commercially Useful Function.

15) TERMS AND CONDITIONS – General Provisions

a) The State's General Provisions – Information Technology (DGS PD-401 IT, Rev. 06/21/22) are incorporated herein by reference.

b) Special Terms and Conditions: Cloud Computing - Software as a Service (SaaS) are incorporated herein by reference.

c) Refer to the State of California’s Bidder Instructions (GSPD-451) for additional information.

d) Quotation attachments: Bid responses that reference a supplier’s own terms and conditions or provisions will be considered non-responsive and will be rejected.

e) Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

16) BIDDER OPTIONS – A bidder may modify a bid after submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

17) STATE OPTIONS

a) Verification of Bidder Information - By submitting a proposal, bidders agree to authorize the

Commission to:

i) Verify any and all claims made by the bidder including, but not limited to, verification of prior experience and the possession of other required qualifications.

ii) Check any reference identified by a bidder or other resources known by the State to confirm the bidder’s business integrity and history of providing effective, efficient, competent and timely services.

b) The Commission reserves the right to contact bidders at any stage of the proposal process to collect additional clarifying information, if deemed necessary.

c) There is no requirement to award a contract if in the opinion of the State agency, no bids or proposals were received containing reasonable rates or if there is another business-based reason not to make an award.

d) An error in the bid may cause the rejection of that proposal; however, the Commission may, AT ITS SOLE OPTION, retain the bid and make certain corrections. In determining if a correction will be made, the Commission will consider the conformance of the bid to the format and content required by the RFQ, and any unusual complexity of the format and content required by the RFQ.

e) The State may reject any or all bids and may waive any immaterial deviation or defect in a bid.

The State's waiver of any immaterial deviation or defect shall in no way modify the solicitation documents or excuse the bidder from full compliance with the solicitation specifications if awarded the contract. The Commission may at its sole option correct obvious clerical errors.

f) No oral understanding or contract shall be binding on either party.

18) CONTRACT EXECUTION AND PERFORMANCE

Performance shall begin no later than the date set forth in the RFQ by the Commission and after the contract is fully executed, unless a later date is mutually agreed on by the Commission and the Contractor. All performance under the contract shall be completed on or before the termination date of the contract.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/CloudComputing_SaaSGeneralProvisions062122.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/GSPD/Bidders-Instructions.ashx

Request for Quote (RFQ) 2024-01 Page 12 of 12

19) SUBSEQUENT SOLICITATION

At the Commission’s sole discretion, after the contract award has been made and the contract has been executed, if the contract is terminated with or without cause after performance has begun, the Commission may engage the next-highest-rated bidder without performing a subsequent solicitation. Additionally, if at any time during negotiation of an agreement with the successful bidder, the Commission determines it is not able to reach an agreement with the successful bidder, the Commission may terminate the negotiations and engage the next-highest-rated bid without performing a subsequent solicitation.

Confirmed DVBE Participation DVBE Incentive