RFQ_2024-08_Electrical_Safety_Audit_Engineering_Consultant.pdf

Request for Qualifications (RFQ)

RFQ 2024-08 Electrical Safety Audit Engineering Consultant

State of California

State Lands Commission

Procurement and Business Services Unit

October 4, 2024

RFQ 2024-08 Page 1 of 15 California State Lands Commission Electrical Safety Audit Engineering Consultants

TABLE OF CONTENTS

TABLE OF CONTENTS

1) INTRODUCTION

2) MINIMUM REQUIREMENTS

3) KEY ACTION DATES

4) SCOPE OF WORK (SOW)

5) ADMINISTRATIVE AND TECHNICAL REQUIREMENTS (PROPOSAL)

6) MODEL CONTRACT - PROCUREMENT METHOD

7) MODEL CONTRACT - PROPOSAL INSTRUCTIONS

8) EVALUATION CRITERIA AND SELECTION PROCESS

9) MONETARY INCENTIVE PROGRAMS

10) PREFERENCE PROGRAMS

11) COMMISSION RIGHTS

12) CONFLICT OF INTEREST DETERMINATIONS

13) BUSINESS IN GOOD STANDING

14) PROTEST

15) SUBSEQUENT SOLICITATION

17) GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI)

RFQ 2024-08 Page 2 of 15

Request for Qualifications (RFQ)

RFQ 2024-08 Electrical Safety Audit Engineering Consultant

PROSPECTIVE ENGINEERING CONSULTANTS

Pursuant to Government Code section 4526, the California State Lands Commission (Commission) announces its intention to hire an electrical engineer consultant Contractor to perform the electrical portion of the Commission Safety and Oil Spill Prevention Audits of offshore oil and gas platforms and facilities.

The purpose of this Solicitation is to initiate the process by which the Commission will contract with a Firm with the appropriate qualifications to perform projects that cannot be performed by Commission staff. These Safety Audits are comprehensive condition and design assessments that are conducted roughly every five years to help ensure the continued safe operation of these facilities for the State of California and its residents.

1) INTRODUCTION

a) Overview

i) The Commission invites you to review and respond to this Request for Qualifications (RFQ). By submitting a Proposal, your organization agrees to the terms and conditions stated in this RFQ.

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

iii) Firms and the selected Firm may not issue news releases nor make statements to the news media or through social media channels pertaining to this RFQ, its Proposal, the contract, or work resulting therefrom, without first obtaining prior approval from the Commission.

b) Purpose - The purpose of this solicitation is to contract for services with an electrical engineering consultant Contractor to perform the electrical portion of the Commission Safety and Oil Spill Prevention Audits of offshore oil and gas platforms and facilities.

2) MINIMUM REQUIREMENTS

a) The Firm shall be a licensed Professional Engineer in Electrical Engineering in the State of California (CA). All work shall be performed under and approved by such Professional Engineer, who shall provide the final Engineering Reports bearing a

RFQ 2024-08 Page 3 of 15 registered Professional Engineers seal or stamp and shall be otherwise submitted in accordance with the terms of the contract.

b) The responsible party shall have a minimum of 5 years of experience in the field of electrical engineering with an emphasis on California offshore oil fields, offshore facilities, and oil and gas production and processing plants.

c) Any non-licensed electrical engineers involved in this project may do so only under the close supervision of the licensed electrical engineer described above.

3) KEY ACTION DATES

a) Responders are advised of the key dates and times shown below and are expected to adhere to them. All times noted in this document are Pacific Time (PT).

i) Submission - The deadline to respond to this Solicitation is noted in Key Action Dates below. Responses shall be submitted via email to the State Lands Commission at the following email address: CSLC.Solicitations@slc.ca.gov.

Multiple emails are acceptable to accommodate attachment size limitations.

ii) Each Firm submitting Questions, or a Proposal has the burden of proof to confirm that its Questions or Proposal was received in accordance with this announcement, should there be any dispute about meeting the deadlines.

# Key Action Date Description Key Action Date

1 Request for Qualifications Release Date Tuesday, Oct 29, 2024

2 Firm Question(s) Due By Monday, Nov 11, 2024, by 8:00AM

3 Response to Questions Posted By Wednesday, Nov 13, 2024, by end of day

4 Request for Qualifications Proposal Due By Monday, Nov 25, 2024, by 8:00 AM

5 Interviews (Subject to Change) Week of Dec 02, 2024

6 Notice of Intent to Award (Subject to Change) Week of Dec 09, 2024

7 Estimated Term Dates (Subject to Change) Jan 15, 2025 – Jan 14, 2028 mailto:CSLC.Solicitations@slc.ca.gov

RFQ 2024-08 Page 4 of 15

b) Firm’s Questions

i) Firms shall submit questions to CSLC.Solicitations@slc.ca.gov regarding solicitation by the due date and time specified in the Key Action Dates table. Firms shall provide specific information to enable the Commission to identify and respond to their questions. When submitting questions, please reference the solicitation number of RFQ Number 2024-08 Electrical Safety Audit Engineering Consultant in your subject line.

ii) Answers to questions received during the Firm Question time period shall be shared with all invited Firms. At its discretion, the Commission may contact a Firm to seek clarification of any question received.

c) Term – The term of the contract to be awarded under this RFQ will be for three (3) years with two options to amend the contract to extend the term by an additional one

(1) year period. This amendment option will be executed at the sole discretion of the Commission. Work on the contract shall not begin until a Notice to Proceed is received from the Project.

d) Representative Contact - Please contact us at CSLC.solicitations@slc.ca.gov if you have any questions about this solicitation. For all communications, the subject line must include: RFQ 2024-08 Electrical Safety Audit Engineering Consultant.

i) Mailing Address:

State Lands Commission Attn: Contracts – RFQ 2024-08 100 Howe Avenue, Suite 100-South Sacramento, CA 95825

4) SCOPE OF WORK (SOW)

a) The description of work for this proposal, including services and deliverables, is described in Attachment 3 - Exhibit A of the Model Contract; it provides further refinement and scope for each task that will be required. Additional tasks not listed in Exhibit A, but of a similar nature, may also be requested by Amendment as the work orders become known and shall be subject to all other conditions of the executed Agreement.

5) ADMINISTRATIVE AND TECHNICAL REQUIREMENTS (PROPOSAL)

a) See detailed instructions in Sections 6-8. All Proposals shall include the following requirements in this order:

mailto:CSLC.Solicitations@slc.ca.gov mailto:tami.cowgill@slc.ca.gov

RFQ 2024-08 Page 5 of 15

# Attachment Name / Title Note

1 Proposal Checklist

2 Proposal Cover Page

Statement of Qualifications – Technical Narrative focused on providing information related to why the Firm believes their qualifications fulfill the requirements of this RFQ pursuant to Model Contract Exhibit A - Scope of Work. No more than 3 pages, 12-point font.

Statement of Qualifications - Past Projects that demonstrate the Firm’s competence to perform work similar to that required in the Scope of Work. Include any other information that may be useful and applicable to this Scope of Work. No more than 5 pages.

Statement of Qualifications - Methods and Approach as edits to Model Contract Exhibit A. Unlimited pages are allowed. See Section 7 for detailed instructions.

Proposer to edit Word document

Statement of Qualifications - Staffing Qualifications, Education, and Experience as edits to Model Contract Exhibit A, Attachment #1

- Resumes

Firm to edit Word document

7 Model Contract Exhibit B - Budget and Payment Detail Firm to Edit

Word document

8 Model Contract Exhibit C - General Terms and Conditions Reference only

9 Model Contract Exhibit D - Special Terms and Conditions

10 Bidder Declaration (GSPD-05-105)

11 DVBE Declaration (DGS PD 843) If applicable

12 Economic Interest Certification (Form 700)

13 Payee Data Record (STD (204)

14 Contractor Certification Clauses (CCC)

15 California Civil Rights Laws Certification

16 Darfur Contracting Act Certification If applicable 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 https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx

RFQ 2024-08 Page 6 of 15

6) MODEL CONTRACT - PROCUREMENT METHOD

a) For competitive solicitations, the Commission uses a model contract, referred to as an “Agreement” or “Contract” (considered one and the same) procurement method. The competitive solicitation process used by the Commission is as follows:

i) Commission staff drafts a model contract with a detailed Exhibit A – Scope of Work

(SOW).

ii) Potential firms are asked to use the SOW template provided as a baseline for developing their approach and cost proposal for the project. Firms must submit as part of their Proposal any changes or exceptions to the Model Contract that they wish to negotiate. If applicable, the Firms also update Exhibit A – Scope of Work template in tracked changes with edits and additions to demonstrate their approach and describe services that address the needs.

iii) This is a dynamic competitive process through which the Commission can evaluate and test the strengths and weaknesses of the Firms and their proposals. The Commission can then make a final selection based on a combination of Firm experience; the quality and value of the Firm’s approach as updated into the Model Contract if applicable; and the overall value the Firm can bring to the project.

iv) The Model Contract procurement moves quickly to execution as the terms and methods are well developed as an agreement format at the conclusion of the solicitation, thereby increasing the effectiveness of the effort and the project’s success.

7) MODEL CONTRACT - PROPOSAL INSTRUCTIONS

a) The Firm shall review the terms of the Model Contract and become familiar with its language. This will substantively be the Contract that will be entered into between the State and the selected Firm.

i) Model Contract exhibits with suggested edits or enhancements shall be included by the Firm in its Proposal.

ii) The Firm shall suggest edits to the Model Contract in Microsoft Word using track changes. The Commission will review your proposed Methods and Approach within an updated Exhibit A – SOW template.

(1) Substitutions for Project Tasks are not permitted.

iii) Submission of Exhibits without track changes will be deemed to be the Firm’s acceptance of the Exhibits as drafted.

b) All proposals must be based on the Model Contract provided with this solicitation as:

i) Attachment 5 - Methods and Approach: Exhibit A – Scope of Work (No page limit).

Include in the Proposal a revised Exhibit A with an updated scope of work, using track changes. Updated scope of work shall:

(1) Be task-based

RFQ 2024-08 Page 7 of 15

(a) Description of the tasks to be performed.

(b) Description of optional tasks.

(2) Specific milestones and work products that demonstrate a clear understanding of the various components of the Project.

ii) Attachment 6 - Staffing Qualifications, Education, and Experience: Attachment #1 to Exhibit A, Scope of Work. Use Attachment 6 (No page limit) to provide a Personnel Narrative that includes:

(1) A resume for each proposed project team member.

(2) Firm shall specify and briefly describe the relevant experience of the proposed Project Manager or Principal, proposed Deputy Project Manager, and major team members. Care should be taken to limit resumes to only those personnel specialists who will have major responsibilities (e.g., Marine Biology, Air Quality, Water Quality, Engineering).

(3) Each resume must include:

(a) Name of each key person and title.

(b) Project assignment or role which that person will be expected to fulfill in connection with the scope of work.

(c) Name of the firm or organization with whom that individual is presently associated.

(d) Years of relevant experience with present firms and other firms.

(e) Highest academic degree achieved, and the discipline covered (if more than one highest degree, such as two PhDs, list both), the year received, and the particular technical/professional discipline which that individual will bring to the project.

(f) Synopsis of experience, training, or other qualities.

(4) Substitutions and additional narratives are not permitted

iii) Attachment 7: Exhibit B – Budget and Payment Detail

iv) Attachment 8: Exhibit C – General Terms and Conditions

v) Attachment 9: Exhibit D – Special Terms and Conditions

vi) Attachment 10: STD 213 – Standard Agreement (SAMPLE)

8) EVALUATION CRITERIA AND SELECTION PROCESS

a) Firm will be selected based on scored qualifications and an oral interview. This is a competency-based selection process in accordance with Government Code section 4525 et seq.

b) The Commission shall weigh the factors identified below according to the nature of the

RFQ 2024-08 Page 8 of 15 proposed project, the complexity and special requirements of the specific project, and the needs of the Commission.

c) The Commission shall use the following criteria for selecting a Contractor under this solicitation:

i) Professional experience of the Firm in relation to the work to be performed.

ii) Demonstrated competence and specialized experience of Firm. Nature, timeliness, and quality of work for similar projects. Ability of Firm and personnel to meet the proposed schedule.

iii) Education and professional experience of the principals to be assigned to the project. Firm's staffing capability and reliability of Firm and continuity of proposed Firm's staff and sub-contractors with Firm.

iv) The Firm's knowledge of applicable regulations and technology associated with the services required.

v) Past work performed for the Commission.

d) All Proposals will be reviewed by a Selection Committee appointed by the Executive Officer. Upon receipt and review of all Proposals, staff may contact one or more Firms by telephone to clarify areas where the staff has questions, and answer questions. No fewer than three Firms will be selected for in-person interviews. Interviews will be conducted virtually. Upon conclusion of the interviews, the Firms will be ranked.

e) Negotiations shall be initiated with the most qualified Firm.

i) In the event that a satisfactory agreement cannot be negotiated within 14 calendar days after the commencement of negotiations, the Commission may terminate negotiations with the most qualified Firm and begin negotiations with the next ranked Firm and so on.

ii) After successful negotiations, a contract will be awarded and executed based on Work Order priority.

a) If an Award is made, the Awardee shall be a responsive and responsible firm.

i) Responsive Proposal

(1) A Proposal response that is compliant without material deviation from the solicitation requirements and the terms and conditions of the proposed contract. A deviation is material if the Commission determines that the Firm’s proposal is not in substantial accord with the solicitation requirements, or has a potentially significant effect on the delivery, quantity, or quality of deliverables, amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived. The Commission may waive immaterial deviations and the proposal may be evaluated when considered to be in the best interest of the State. Immaterial deviations are inconsequential variances, which carry little or no importance and do not provide a Firm with any material advantage over other Firms. Waiver of an immaterial deviation shall in no way modify the RFQ requirements of excuse the selected Firm

RFQ 2024-08 Page 9 of 15 from full compliance with the terms and conditions of the proposed contract provisions.

ii) Non-responsive Proposal

(1) A Proposal may be deemed non-responsive and subsequently rejected if any of the following occurs:

(a) At any time, a submission is received after the exact time and date set forth in Key Action Dates for receipt of each submission.

(a) The Firm fails to meet any of the eligibility requirements as specified in Minimum Qualifications.

(b) The Firm fails to submit or fails to complete, and sign required Attachments as instructed in this RFQ.

(c) The submission contains false, inaccurate, or misleading statements or references.

(d) The Firm is unwilling or unable to fully comply with the proposed contract provisions.

(e) The Firm supplies conditional cost information, incomplete cost information, or cost information containing unsigned/uninitiated alterations or irregularities.

iii) Responsible Firm

(a) A Firm who submits a Responsive Proposal and who possesses the qualifications, experience, facilities, reputation, and financial resources necessary to perform the contract at the time of contract award.

b) Errors in Bidding - Firms are cautioned not to rely on the State during the evaluation to discover and report any defects and errors in the submitted documents. Firms, before submitting their documents, should carefully proofread any submitted documents for errors and adherence to the RFQ requirements.

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

ii) If the Firm's intent, as determined by the Commission, is clearly established based on review of the complete proposal submittal, the Commission may at its sole option correct an error based on that established intent.

iii) The Commission may at its sole option correct obvious clerical errors.

c) The Commission reserves the right to terminate the selection proceedings at any time where it determines it is in the best interests of the State. The Commission is not required to award the agreement and reserves the right to terminate in whole or in part at its sole discretion any contract award at any time upon giving written notice.

RFQ 2024-08 Page 10 of 15

d) Where a Firm declines to perform work on a project, as specified above, or has not accepted or declined a project within the notice period, the Commission shall have the right to solicit and seek the hiring of another qualified Firm to perform work on that project pursuant to the provisions of Government Code section 4525 et seq.

9) MONETARY INCENTIVE PROGRAMS

a) This is a competency-based selection process in accordance with Government Code section 4525 et seq. As such, cost is not a scored factor. The following incentive programs are not applicable to the selection method.

i) Disabled Veterans’ Business Enterprise (DVBE) incentives. (Military & Veterans Code, §§ 999, 999.5, subd. (d).)

ii) Small Business incentive (2 CCR § 1896.8, Gov. Code, § 14835 et seq.)

iii) TACPA preferences (Gov. Code, § 4530-4535.3.)

10) PREFERENCE PROGRAMS

a) Subcontractor Reporting and Program help

i) The Contractor will identify subcontractors and identify the contract price amounts allocated to those subcontractors on the Bidder Declaration form (Std. GSPD-05-105 | Attachment 7)

ii) When responding to this RFQ, Firms will need to verify each SB/DVBE subcontractor’s certification with OSDS to ensure SB/DVBE eligibility.

iii) For general information regarding the Preference Program certifications discussed below email osdshelp@dgs.ca.gov or call (916) 375-4940.

b) Small Business (SB) Preference

i) This RFQ does not require Firms to meet a minimum SB participation percentage or goal. Suggested Participation is 25%. If Firms use subcontractors, Firms are strongly encouraged to subcontract with SBs.

ii) Existing law, the Small Business Procurement and Contract Act, declares that it is essential that opportunity is provided for full participation in our free enterprise system by small business enterprises. This bill (AB 2019, (2022) Petrie-Norris. Small business enterprises) would also declare that the state economy is strengthened by the diversity and resiliency of its small businesses and that it is essential to ensure all small businesses are able to fully participate in the domestic and global markets, including businesses owned by women and other specified groups.

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

c) Disabled Veteran Business Enterprise (DVBE) Preference

i) The Commission recognizes disabled veterans for their service and has a DVBE Participation Program. The program is intended to further veterans’ participation in the https://www.calvet.ca.gov/VetServices/pages/disabled-veteran-business-enterprise-program.aspx#:~:text=Disabled%20Veteran%20Business%20Enterprise%20(DVBE)%20Program,-Page%20Content&text=The%20program%20also%20facilitates%20the,they%20answered%20their%20Country's%20call.

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.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference 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 https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true https://legiscan.com/CA/text/AB2019/id/2609144#:~:text=AB%202019%2C%20Petrie%2DNorris.,business%20liaison%20for%20the%20agency.

https://legiscan.com/CA/text/AB2019/id/2609144#:~:text=AB%202019%2C%20Petrie%2DNorris.,business%20liaison%20for%20the%20agency.

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

RFQ 2024-08 Page 11 of 15

Commission contracting, promote competition, and encourage greater economic opportunity.

ii) This RFQ does not require a mandatory participation goal. Participation in this program is optional. However, if Firms use subcontractors, Firms are encouraged to subcontract with DVBEs. Any business used to meet the DVBE requirement must be certified by or have certification pending with the DGS OSBCR.

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

iv) DVBEs must perform a commercially useful function, related to the proposal specifications, as required by Military and Veterans Code section 999, subdivision (b)(5)(B).

v) 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 Contractor’s payments to designated subcontractors.

d) Commercially Useful Function

i) 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 satisfy the SB/DVBE participation goals. The criteria and definition for performing a CUF are below.

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

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

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

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

(4) 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.

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

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

(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.

https://www.dgs.ca.gov/-/media/8B524DA41A3E46B3ADBC69D8D7725E02.ashx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true 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/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

RFQ 2024-08 Page 12 of 15

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

(3) No longer being used to provide good/services listed in initial proposal response.

11) COMMISSION RIGHTS

a) Addendum to the Solicitation – The Commission may modify the RFQ prior to the date fixed for submission of Proposals by the issuance of an addendum.

b) Verification of Firm Information - By submitting a proposal, Firms agree to authorize the Commission to:

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

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

iii) The Commission may modify the RFQ prior to the proposal submission deadline by the issuance of an addendum.

iv) The Commission reserves the right to reject any proposal that does not satisfy the requirements set forth in the RFQ. Before submitting a response to this RFQ, Firms should review, correct all errors, and confirm compliance with the RFQ requirements.

12) CONFLICT OF INTEREST DETERMINATIONS

a) Attachment 12 | Prospective Contractors shall disclose any financial, business, or other relationship with the State of California, especially the California State Lands Commission, that may have an impact upon the outcome of the contract. Prospective contractors shall also list current clients who may have a financial interest in the outcome of the contract. Determinations of potential conflict of interest will be addressed by the Commission on a case-by-case basis with each firm.

i) Restrictions After Leaving State Employment:

(1) If you previously worked for any state agency or department, you cannot enter into a contract if you were involved in any negotiations, transactions, planning, arrangements, or decision-making related to that contract while you were still employed by the state.

(2) This rule applies for two years from the date you left state employment.

ii) Restrictions for Former Policymakers:

(1) For 12 months after leaving state service, you cannot enter into a contract with any state agency if, within the year before you left, you held a policymaking position in the same general area as the proposed contract.

(2) Exceptions: This restriction does not apply if the contract is for you to serve as

RFQ 2024-08 Page 13 of 15 an expert witness in a civil case or to continue legal work on a matter you handled before leaving state service.

13) BUSINESS IN GOOD STANDING

b) Firm 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 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 Firm is a corporation currently qualified to do business in California.

(1) The Offer will be considered non-responsive if the Firm declares as a corporation and is not listed with the SOS.

(2) Both domestic and foreign corporations (those incorporated outside of California) must be in good standing 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 Firm is not on a prohibited list due to tax delinquencies. The Offer will be considered non-responsive if the Firm 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.”

14) PROTEST

a) Protests must be filed within five business after the Notice of Intent to Award is posted.

b) The protestant must submit a detailed written statement of protest.

c) The detailed statement of protest, if any, must include the RFQ number, the name of the State Agency conducting the solicitation, State agency contact person, and protestant’s

RFQ 2024-08 Page 14 of 15 contact information.

d) The protest documents may be sent by regular mail, fax, courier, or personal delivery to the following address:

Dev Shrestha State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, California 95825

15) SUBSEQUENT SOLICITATION

a) 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 the performance has begun, the Commission may engage the next-best-value Firm without performing a subsequent solicitation.

b) Additionally, if at any time during the negotiation of an agreement with the successful Firm, the Commission determines it is not able to reach an agreement with the successful Firm, the Commission may terminate the negotiations and engage the next-best-value Firm without performing a subsequent solicitation.

17) 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.

a) Firms/Firms 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.

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

c) Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Firm/Firm 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.

d) Upon receipt of a Firm/Firm GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject proposals that present an unacceptable level of risk to the State.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf