RFQ__23-224_-_ESRI_Enterprise_Software_Maintenance.pdf

Request for Quotation # RFQ 23-224

ESRI Enterprise Software Maintenance Renewal

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 1 of 17

C A L I F O R N I A D E P A R T M E N T O F W A T E R R E S O U R C E S

Instructions to Supplier:

Please review this Request for Quotation (RFQ) and submit a quotation to the Department of Water Resources’ (DWR) Contact listed below. To be deemed responsive, the quotation must be received by the RFQ Due Date, and vendor must comply with the Administrative Requirements included in this RFQ. Facsimile machine (fax) quotations will not be accepted.

Please note it is the Supplier’s responsibility to ensure responses are received by the RFQ’s Due Date and Time.

Submit Response by Electronic Mail (Email):

A signed, scanned, and emailed PDF of your submission to the DWR Contact listed is acceptable and preferred.

DWR Contact Information

DWR Contact Name Mark Mateo DWR Contact Email mark.mateo@water.ca.gov DWR Contact Phone (916) 902-7439

RFQ Key Action Dates

Release of RFQ May 13, 2024 RFQ Question Due Date May 20, 2024 by 2:00 PM PT

DWR Response to Questions May 22, 2024 RFQ Due Date May 29, 2024 by 2:00 PM PT

Items Requested for Quotation: Please provide a quotation on your company’s official business letterhead with all items on the quotation listed in the same order as below.

Item Quantity Part or Item Description

1. 1 One (1) year of Environmental Systems Research Institute (ESRI) Enterprise Software Maintenance

2.

*Please refer to the Statement of Work, Exhibit A for specific products and deployment schedule. In addition, please refer to Exhibit B – Budget Details and Payment Provision for payment details.

3.

4.

5.

6.

7.

8.

☒ If checked, please see Exhibit A, Statement of Work mailto:mark.mateo@water.ca.gov

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 2 of 17

GENERAL INFORMATION

1. DWR reserves the right to determine the successful quotation(s) either on the basis of individual items or on the basis of all items included in its RFQ, unless otherwise expressly provided in DWR’s RFQ. Unless the Supplier specifies otherwise in its quotation, DWR may accept any item or groups of items of any quotation. DWR reserves the right to modify or cancel, in whole or in part, its RFQ at any time.

2. Award of the Purchase Order (PO) 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.

3. If noted above in the RFQ Key Action Dates, Questions for this RFQ must be emailed to the DWR Contact shown above. No telephone responses are allowed. DWR may seek clarification for any question received.

4. Bidder Instructions (GSPD-451), revised and effective 11/09/11, will be incorporated in the PO by reference: https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/GSPD/Bidders-Instructions.ashx.

5. The Information Technology (IT) General Provisions for IT goods and services (DGS PD-401IT) revised and effective 6/21/2022, will be incorporated and made part of the PO by reference:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/Required-Language-for-Solicitations-and-Contracts No other terms, conditions, policies, or general provisions from the Supplier are applicable or operative. A quotation that includes a Supplier’s policy, terms, and/or conditions may be rejected.

6. Generative Artificial Intelligence (Gen Ai) Disclosure

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

b) Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

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

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

7. For all suppliers using subcontractors when responding to this RFQ, a Bidder Declaration (GSPD-05-105) must be completed and included with the RFQ response. Suppliers must identify all subcontractors proposed for participation in the contract. Suppliers awarded a PO as a result of a RFQ are contractually obligated to use the subcontractors for the corresponding work identified 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

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 3 of 17 unless DWR agrees to a substitution and it is incorporated by amendment to the PO. The GSPD-05-105 form link is included in the Administrative Requirements section.

8. California-certified small business suppliers will be given a five percent (5%) preference for bid evaluation purposes only.

In addition, a five percent (5%) bid preference is available to a non-small business claiming 25 percent (25%) California-certified small business subcontractor participation. Suppliers claiming this preference must be certified by California as a small business or must commit to subcontract at least 25 percent (25%) of the net bid price with one or more California-certified small businesses.

Small Business Nonprofit Veteran Services Agencies (SB/NVSA) prime Suppliers meeting requirements specified in the Military and Veterans Code § 999.50, et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference.

9. California-certified Disabled Veteran Business Enterprise (DVBE) suppliers and/or suppliers who provide DVBE participation will be given an incentive, in accordance with Military and Veterans Code § 999.5(a). For evaluation purposes only, DWR shall apply an incentive to the quotations that propose California certified DVBE participation as identified on the GSPD-05-105 and confirmed by DWR. The incentive amount for the lowest net cost quotation will vary in conjunction with the percentage of DVBE participation. The following table identifies the percentages that will be used to adjust the net quotation price when calculating the DVBE Incentive:

Confirmed DVBE Participation: DVBE Incentive:

5 percent and Over 5 percent

4 percent – 4.99 percent inclusive 4 percent

3 percent – 3.99 percent inclusive 3 percent

Suppliers responding to this RFQ who have been certified by California as a Disabled Veteran Business Enterprise (DVBE) (or who are offering rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) Disabled Veteran Business Enterprise Declaration (STD. 843). The STD. 843 link is in Administrative Requirements section.

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s).

The completed STD. 843 should be included with the response to a RFQ. At DWR’s option prior to award, contractors responding to a RFQ may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for quotation rejection.

10. Commercially Useful Function (CUF) (Government Code 14837) A certified small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements under Government Code section 14837(d) (4). Selected firms must perform a “commercially useful function” relevant to this contract.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=7.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=7.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=7.

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 4 of 17

The term “small business contractor, subcontract 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” if that person or entity does all of the following:

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

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

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

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

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

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

11. 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 meet the definition of “commercially useful function”. All contractors are required to provde CUF documentation using the State’s Bidder Declaration Form GSPD-05-105, included in this RFQ.

When completing the declaration, contractors must identify all subcontractors proposed for participation should an award be made. Any contractors awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless the State agrees to a substitution.

12. The TACPA preference will be granted for this procurement. Bidders wishing to take advantage of this preference will need to review the following website and submit the appropriate response with the bid: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Request-a-Target-Area-Contract-Preference.

13. Award of Contract Award of contract, if made, will be in accordance with the RFQ information on Evaluation to a responsible bidder whose bid complies with all the requirements of the RFQ documents and an addenda 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 scheduled date for Contract Award as specified in the RFQ; however, a bidder may extend the offer beyond 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 https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 5 of 17 group of items of any bid. The State reserves the right to modify or cancel in whole or in part it’s

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 Notice of Intent to Protest, according to the instructions contained in the paragraph titled “Protests” of this RFQ.

14. 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 first be 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 responsive to the requirements of the RFQ and to be the bid that should have been selected according to the evaluation procedures in the solicitation 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 bidder” 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 protester must provide facts and evidence to support the claim. Protests must be mailed or delivered to:

Street and Mailing Address:

Department of General Services Deputy Director Procurement Division 707 Third Street, Second Floor South West Sacramento, CA 95605 Facsimile No.: (916) 375-4611

AND

Department of Water Resources IT Contracting and Purchasing Services 715 P Street, 7th Floor, Mailbox 19 Sacramento, CA 95814 Facsimile No.: (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.

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 6 of 17

15. It is unlawful for any person engaged in business within California to sell or use any article or product as a “loss leader” as defined in section 17030 of the Business and Professions Code.

16. 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.

17. Software license and maintenance fees are considered subscriptions. Any PO awarded for software support and maintenance for 12 months or longer will be paid for the first year only and must be invoiced on an annual basis for the remaining subscription period.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=17030.

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 7 of 17

ADMINISTRATIVE REQUIREMENTS

This RFQ and Supplier’s response will be made a part of the DWR’s procurement file. Any changes to this RFQ, including the Statement of Work (if applicable), shall be cause for rejection. All administrative requirements are Pass/Fail.

Required Documents

1. Must complete and return DWR RFQ Cover Sheet (Attachment 1)

2. Quotation must be submitted on supplier’s official business letterhead and contain the following:

• Reference to the RFQ Number

• Manufacture or Vendor Part Number

• Description of Item

• Unit Price

• Extended Price

• Software License/Maintenance Term Dates

(if applicable)

• UNSPSC Number (if available)

3. Bidder Declaration, GSPD-05-105 (Attachment 2) http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

4. Recycled Content Certification, CalRecycle form 74 (Attachment 3) https://www2.calrecycle.ca.gov/Docs/Web/111480

5. California Civil Rights Laws Attachment, DGS OLS 04 (Attachment 4) https://www.dgs.ca.gov/-/media/divisions/ols/forms/california-civil-rights-laws-attachment.pdf

6. GenAI Disclosure & Factsheet, STD 1000 (Attachment 5) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

7. Copy of California Seller’s Permit (Not required for Non-U.S. businesses)

If Applicable Documents

8. DVBE Declarations, DGS PD 843 (Required when claiming DVBE Incentive) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

9. Target Area Contract Preference Act (TACPA) (Required when claiming TACPA preference)

• TACPA Preference Request - STD 830 (PDF) http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

• Manufacturer's Summary of Contract Activities and Labor Hours (PDF) https://www.dgs.ca.gov/-/media/divisions/pd/ptcs/dispute-resolutions/manufacturers-summary-19.pdf?la=en&hash=6727b90273aa4103b0296f8a43dbb48fc98acbc7

• Bidder's Summary of Contract Activities and Labor Hours https://www.dgs.ca.gov/-/media/divisions/pd/ptcs/dispute-resolutions/bidders-summary- 19.pdf?la=en&hash=fdbbe76c79d4e112e2070151f50a315691e2fcc1

10. Payee Data Record, STD. 204 (Required if doing business with DWR the first time) http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

11. Drug Free Workplace Certification, STD. 021 (Required if doing business with DWR the first time) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std021.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www2.calrecycle.ca.gov/Docs/Web/111480 https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/Dispute-Resolutions/Manufacturers-Summary-19.pdf?la=en&hash=6727B90273AA4103B0296F8A43DBB48FC98ACBC7 https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/Dispute-Resolutions/Manufacturers-Summary-19.pdf?la=en&hash=6727B90273AA4103B0296F8A43DBB48FC98ACBC7 https://www.dgs.ca.gov/-/media/2DF2A636340740A3A64AD67F74EDFF43.ashx https://www.dgs.ca.gov/-/media/2DF2A636340740A3A64AD67F74EDFF43.ashx http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std021.pdf

ESRI Enterprise Software Maintenance Renewal Attachment 1

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 8 of 17

DWR RFQ Cover Sheet The submission of this quotation does not obligate DWR to fund the proposed PO. If the quotation is approved for funding, a PO will be executed between DWR and the Supplier. When funding is authorized, the Supplier will be expected to adhere to the terms of the executed PO.

The undersigned Supplier hereby proposes to furnish all labor, materials, tools, and equipment to provide goods and/or services in accordance with the specifications and provisions received with the

RFQ.

1. Supplier’s Quote Submission Date:

2. Supplier’s Quote Reference Number:

3. Supplier’s Company Name:

4. Supplier’s Mailing Address:

Street City State Zip Code

5. Supplier’s Contact Person:

6. Telephone:

7. Email:

8. Federal Taxpayer Identification Number:

9. California Seller’s Permit Number:

10. Supplier’s SB/DVBE Certification Number, If applicable:

Check one or both boxes when applicable: ☐ Small Business ☐ DVBE

11. All documents have been provided per the Administrative Requirement page of this RFQ:

☐ Yes ☐ No

12. Principal who is authorized to bind the Supplier:

Typed Name Title

Original Signature Date

ESRI Enterprise Software Maintenance Renewal Attachment 2

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 9 of 17

ESRI Enterprise Software Maintenance Renewal Attachment 2

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 10 of 17

Attachment 3

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 11 of 17

Attachment 3

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 12 of 17

Attachment 4

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 13 of 17

Request for Quotation # RFQ # 23-224

Attachment 5

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 14 of 17

STD 1000 Form Link: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Attachment 5

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 15 of 17

Attachment 5

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 16 of 17

ESRI Enterprise Software Maintenance Renewal Attachment 5

RFQ for IT Goods and Services from $100,000.01 to $1,000,000.00 Page 17 of 17