SFBCP2523_Regional_ADV_Consultant_RFP_post.pdf

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Request for Proposal (RFP) SFBC-P-25-23
Solicitation number
0000039621
Issued by
California

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This Request for Proposal (RFP) SFBC-P-25-23 is issued by the San Francisco Bay Conservation and Development Commission (BCDC), a State of California independent commission, seeking consulting services for Regional Abandoned Derelict Vessel (ADV) Program project management, facilitation, and process support. The consultant will provide comprehensive support including project management and work plan development, review and synthesis of existing materials, stakeholder engagement and coordination, program framework development, and preparation of a final Regional ADV Program roadmap. Key action dates include a question deadline of June 29, 2026, bid submission deadline of July 10, 2026 at 3:00 PM, bid opening on July 13, 2026, proposed interviews on July 20-21, 2026, notice of intent to award on July 24, 2026, and proposed award date of August 3, 2026. The contract term is expected to begin September 1, 2026 or upon approval, whichever is later, with work to be completed no later than September 1, 2026.

The total project budget is $150,000.00, with payment made monthly on a task-completed basis at proposed hourly rates that must include overhead and indirect costs. Minimum qualifications require the project manager to have at least five years of experience designing strategic planning documents for policy-related organizations, demonstrate strong interpersonal skills with executive leaders and commissioners, and be qualified to do business in California. The RFP offers a five percent preference for certified small businesses and a five percent preference for certified Disabled Veteran Business Enterprises (DVBEs). Evaluation criteria include project approach (15 points in initial bid evaluation), work plan and project understanding (25 points), description of qualifications (20 points), cost (30 points), and samples of work (10 points), with additional interview panel scoring weighted equally between work plan understanding (30 points), evaluation of experience (30 points), and cost (30 points). Proposers must submit three copies of sealed proposals and include all required attachments, including Payee Data Record (STD 204), Contractor Certification Clauses, and supporting documentation.

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State of California Request for Proposal Number: SFBC-P-25-23

San Francisco Bay Conservation and Development Commission

375 Beale Street, Suite 510, San Francisco, California 94105 tel 415.352.3600. fax; 888.348.5190 State of California I Gavin Newsom – Governor I info@bcdc.ca.gov I www.bcdc.ca.gov

REQUEST FOR PROPOSAL

Notice to Prospective Bidders

June 19, 2026

You are invited to review and respond to this Request for Proposal (RFP), entitled SFBC-P-25-23, Regional Abandoned Derelict Vessel (ADV) Program Project Management, Facilitation, and Process Support for the San Francisco Bay Conservation and Development Commission. In submitting your proposal, you must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference general terms and conditions and contractor certification clauses that may be viewed and downloaded at the following link: Standard Contract Language (ca.gov). If you do not have internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of San Francisco Bay Conservation and Development Commission, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this RFP is:

For specific questions concerning this project and RFP.

Information about BCDC is available at BCDC’s website:

Submit question(s) to Chenee Williams

Contracts Administrator

E-mail: Chenee.Williams@bcdc.ca.gov https://www.bcdc.ca.gov/

This RFP contains a list of Key Action Dates in Section C, Bid Requirements and Information (see Page 9).

Please note that no verbal information given will be binding upon BCDC unless such information is issued in writing as an official addendum. If you have questions or should you need any clarifying information, please contact the Contracts Administrator for this RFP listed above.

Table of Contents

Section Page

A) Purpose and Description of Services…………………………………………………..…… 3

B) Bidder Minimum Qualifications……………………………………………………………… 8

C) Bid Requirements and Information…………………………………….…………………… 9

1) Key Action Dates………………………………………………………………………………. 9

2) Question and Answer Period……………………………………………………………. 10

3) Terms, Cost Detail Format, and Method of Payment………………………… 10

4) Proposal …………………………….……………………………………………………………. 10

5) Package and Submittal Instructions ………………………………………………… 11

6) Evaluation and Selection………………………………………….…………..………….. 12

7) Awards and Protests………………………………………………………………………… 16

8) Disposition of Bid………………………………………………….………..….……………. 16

9) Agreement Execution and Performance ……………………….…………..…..… 17

D) Special Programs……………………………………………………………………………

1) Small Business Preference……………………….………………………………………. 17

2) Disabled Veterans Business Enterprise Program …….………………….…… 17

E) Required Disclosures……………………………………………………………………………… 18

1) Commercially Useful Function……………………………………………………..…… 18

2) Darfur Contracting Act……………………………………………………………………… 18

3) Contractor Certification Clauses………………………………………………..……… 18

4) Economic Sanctions...…………………………………………………………..……….. 18

F) Required Attachments………………………………………………………………………... 19

A) Purpose and Description of Services

Established in 1965, the San Francisco Bay Conservation and Development Commission (BCDC – SF Bay

Conservation & Development |) is a State of California independent commission operating as part of the

California Natural Resources Agency. BCDC’s mission is to protect and enhance San Francisco Bay and advance the Bay’s responsible, productive, and equitable uses for this and future generations. The

Commission has regulatory and planning responsibility throughout the San Francisco Bay and along the

Bay’s nine-county shoreline. BCDC is guided in its policies and decisions by its laws: the McAteer-Petris

Act (Govt. Code Sec. 66600-66682); the Suisun Marsh Protection Act (Govt. PRC Sec. 29000-29612); and the policies of the San Francisco Bay Plan. BCDC is also part of the State’s federally recognized Coastal

Zone Management Program, along with the California Coastal Commission and the California Coastal

Conservancy. It With the threat of climate change and rising sea levels, BCDC is leading complex shoreline and water-oriented solutions to many issues that require cross-jurisdictional coordination and long-term planning.

Abandoned and derelict vessels (ADVs) are boats that are neglected with an identifiable owner or are those where the owner is unknown or has surrendered rights of ownership. Boats may become abandoned or derelict for many reasons, including owner neglect or financial hardship, theft, breakaways from anchors or moorings, and severe weather events that can cause vessels to sink, drift, submerge in tidal areas, or become stranded along shorelines. The term “Anchor outs” refer to a person who illegally lives on a boat anchored offshore instead of renting a permanent dock or slip at a marina.

The combination of long-term ADV’s and illegal anchor-outs have become a growing, bay-wide governance and coastal management challenge. These vessels are not only a global issue, but intensely a

San Francisco Bay regional problem blocking navigational channels, hindering public access, damaging sensitive marine habitats, diminishing water quality, and risking public safety. Currently, shoreline governance, marine operations, and local government capacity for addressing these concerns are limited. These challenges are often intensified by fragmented authority, limited funding, inconsistent data, unclear operational roles, and the absence of a durable regional structure to align prevention, response, removal, and long-term management.

BCDC has begun convening diverse regional partners to better understand the current landscape and assess whether a more coordinated regional approach is feasible, useful, and appropriately scoped.

Through collaborative meetings, hosted workshops and stakeholder outreach, BCDC has identified strong interest in tackling this issue with hopes of improving regional alignment around roles and responsibilities, funding, legislation, and policy, data and tracking, marina prevention best practices, and comprehensive response models.

BCDC is seeking the services of a consultant to provide project management, facilitation, research, and process support to assist BCDC staff in evaluating, designing, and advancing a Regional ADV and Anchor-

Out Program in the San Francisco Bay (See Attachment A). The consultant will assist the commission in organizing and managing the next phase of this work, including stakeholder coordination and outreach, develop a clear work plan, synthesize key findings, stakeholder coordination, and prepare a practical roadmap that identifies program components, governance needs, funding strategies, and next steps.

The consultant’s work should support a program design process that is practical, action-oriented, and grounded in the realities of implementation. BCDC seeks professional services to assess existing gaps, develop actionable recommendations, and create a clear path forward for improving regional coordination, formalizing processes, and defining an appropriate leading role for the agency in addressing ADV issues efficiently and effectively.

Scope of Work:

The consultant shall work closely with BCDC’s enforcement & compliance manager, General Counsel, designated staff, and the commission to complete the following tasks:

1. Project Management and Work Plan

a. Develop and manage a detailed project work plan for the Regional ADV and Anchor-Out

Program, including major tasks, milestones, deliverables, decision points, and a schedule for completion. The consultant shall provide overall project coordination and regular progress updates to BCDC’s internal ADV working group and help ensure the work remains on track, organized, and action oriented.

Deliverable:

Detailed project work plan

Project schedule with key milestones, deliverables, decision points, and responsible parties

Milestone tracker with associated action items and status updates

Monthly project status updates for BCDC staff

Agendas and meeting materials for internal and external project meetings

Meeting calendar coordination, including invitations, reminders, and updates

Meeting notes and action item summaries for all major internal and external meetings

Updated task tracker reflecting progress, next steps, and outstanding issues

2. Review and Synthesis of Existing Materials

a. Support BCDC staff in reviewing and organizing relevant background materials related to the Regional ADV and Anchor-Out Program, including workshop materials, meeting notes, survey results, stakeholder input, internal memoranda, policy research, case studies, inventories, and related program materials. Based on that review, the consultant shall assist BCDC staff in synthesizing key findings, recurring themes, major information gaps, and unresolved questions to help guide the next phase of work. The consultant shall also support BCDC in identifying and organizing major funding, policy, jurisdictional, legislative, and governance issues relevant to a potential regional ADV program. This may include research on state and federal funding opportunities, legislative barriers or needs, regional governance models, and relevant examples from other jurisdictions. The purpose of this task is to produce a practical and action-oriented analysis that helps BCDC understand what conditions, partnerships, authorities, and resources would need to be in place for a regional program to succeed.

Deliverable:

Background materials inventory and review summary

Synthesis memo summarizing key findings, recurring themes, information gaps, and unresolved questions

Summary of major funding, policy, legislative, jurisdictional, and governance considerations

Research summary of relevant state, federal, and external program examples

Practical analysis of conditions needed to support a feasible Regional ADV and Anchor-Out

Program o Include stakeholder analysis

Briefing materials or issue summaries for use in internal discussions, stakeholder meetings, or

Commissioner updates

3. Stakeholder Engagement and Coordination Support

a. Assist BCDC in designing and implementing a targeted stakeholder engagement process to support development of the Regional ADV and Anchor-Out Program, including outreach strategy, identification of key stakeholder groups, meeting and workshop design, preparation of agendas and discussion materials, facilitation of virtual and in-person meetings, and coordination with relevant public and private sector partners.

Stakeholders may include federal, tribal, state, regional, and local agencies, harbormasters, marina operators, marine patrol, nonprofit organizations, advocacy groups, and interested community members. The consultant shall help structure stakeholder input in a way that produces actionable outcomes, supports collaboration, and informs BCDC’s understanding of the purpose, scope, and potential structure of a regional ADV and Anchor-Out Program, including topic-specific discussions related to jurisdiction, funding, legislation, prevention, marina operations, enforcement coordination, and data and technology tracking systems.

Deliverable:

Stakeholder engagement and outreach strategy

Stakeholder map and contact list by sector and interest area

Meeting and workshop plans, including proposed objectives, format, and participant groups

Agendas, discussion guides, facilitation plans, and supporting materials

Facilitation of internal and external meetings, workshops, and targeted stakeholder sessions

Presentation materials and workshop handouts, as needed

Meeting summaries, key takeaways, and action item logs

Summary of stakeholder input, including major themes, areas of alignment, unresolved issues, and proposed next steps

Recommendations for future engagement opportunities, targeted workshops, or working groups

4. Program Framework Development

a. Work with BCDC staff to develop a draft framework for a Regional ADV and Anchor-Out

Program that clearly defines the core problem, program purpose, goals, and intended outcomes. The consultant shall support BCDC in identifying potential staff and partner roles and responsibilities, key governance, policy, and operational gaps, options for program structure and phasing, funding approaches, staffing needs, and strategies for prevention, coordination, and early intervention. The framework shall also identify near-term and long-term implementation needs and evaluate multiple program models or scenarios, without assuming that a single program structure has already been determined.

Deliverable:

Draft Regional ADV and Anchor-Out Program framework

Summary of program purpose, goals, and intended outcomes

Options analysis for potential program structure, phasing, and governance models

Preliminary roles and responsibilities matrix for BCDC staff and partner agencies

Summary of key governance, policy, operational, and implementation gaps and potential solutions

Funding and staffing considerations summary

Prevention, coordination, and early intervention strategy summary

Near-term and long-term implementation roadmap components

Revised final framework incorporating BCDC feedback

5. Final Regional ADV Program Roadmap

a. Prepare, with substantial guidance from BCDC staff, a final written deliverable that synthesizes the work completed under this contract and provides a practical roadmap or feasibility framework for next steps. The final product should be clear, well-organized, and useful to BCDC leadership, staff, and potential external partners. At a minimum, it should summarize the problem, key findings, stakeholder input, major barriers, program design considerations, and recommended next steps for advancing or testing a Regional

ADV and Anchor-Out Program. The goal of this document will be to support the potential need for a Budget Change Proposal Request in June 2027.

Deliverable:

Draft final written deliverable for BCDC staff review

Revised final written deliverable incorporating BCDC feedback

Executive summary highlighting key findings, major barriers, and recommended next steps

Roadmap or feasibility framework identifying near-term, mid-term, and long-term actions

Summary of stakeholder input and major policy, governance, funding, and operational considerations

Presentation-ready briefing materials or summary slides for BCDC leadership and Commission discussions, if requested

Supportive materials for potential budget change proposal process in 2027

B) MINIMUM QUALIFICATIONS FOR PROPOSERS

1. Proposals must demonstrate that the individual/firm submitting the proposal (“Proposer”) meets the following minimum qualifications to be eligible for consideration for this project:

Experience and Skill: The project manager must have a minimum of five years of exceptional experience in designing successful strategic planning documents for a variety of policy-related organizations. The process BCDC envisions to create the Regional ADV &

Anchor out Program will include active discussions and workshops with Commissioners, staff, and key stakeholders. The consultant must be able to provide BCDC with an implementable roadmap to accomplish the work identified in Section A (above) using strong interpersonal skills with executive leaders, staff, and Commissioners to thoughtfully and expeditiously keep the process moving forward on schedule. Examples of successful consultant engagements, and reference checks with those engaged, will demonstrate to RFP decision makers of the applicant’s abilities.

2) Qualified to do business in California. The Contractor must be qualified to do business in California.

3) Payee Data Record, STD Form 204. The State of California requires all parties entering into business transactions that may lead to payment(s) from the State must provide their Taxpayer Identification Number (TIN) by filling out the information requested on the Payee Data Record, Std Form 204 (Attachment #4). This is to facilitate the prepare of Form 1099 and other information required by the Internal Revenue Code, Section 6019 and the State Revenue and Taxation Code, Section 1798.15. The TIN for individual and sole proprietorships is the Social Security Number

(SSN).

4) Contractor Certification Clauses (CCC) 4/2017. The Contractor must be able to certify that the firm can comply with the Contractor Certification Clauses Form (CCC) 4/2017. The CCC can be found on the following link: Standard Contract Language (ca.gov).

C) BID REQUIREMENTS AND INFORMATION

1) Key Action Dates

The following dates are set forth for informational and planning purposes only and are subject to change:

RFP Available to Prospective Bidders Date: June 19, 2026

Deadline for Questions Date: June 29, 2026

Time: 3:00 pm

Responses to Questions Available to Prospective Bidders

Proposed Date: July 6, 2026

Final Date for Submission of Bid Date: July 10, 2026

Time: 3:00 pm

Bid Opening Date: July 13, 2026

Time: 10:00 am

Interview Proposed Date: July 20-21, 2026

Notice of Intent to Award Proposed Date: July 24, 2026

Proposed Award Date Proposed Date: August 3, 2026

Term Start Date Proposed Date: September 1, 2026 or upon approval, whichever is later.

2) Question and Answer Period

Any questions regarding this RFP must be submitted in writing by June 29, 2026, at 3:00 PM, via email to the Contracts Administrator listed on Page 1 of this RFP. All questions must be received prior to the deadline for questions. Emails should include the individual's name, firm name, address, and must reference RFP SFBC-P-25-23. All answers will be posted on the CaleProcure website. It is the responsibility of the Bidder to check the California State Contract Register at https://caleprocure.ca.gov/pages/index.aspx when inquiring about an addendum, questions, answers, and any other posts related to this RFP.

3) Terms, Cost Detail Format and Method of Payment

Term. It is expected that work on the project will begin immediately upon execution of contract and be completed no later than September 1, 2026.

Cost Detail Format. The proposed rate should reflect the hourly rate(s) charged by the consultant assigned to the project and must include overhead and any indirect costs. The total proposed cost for this project is $150,000.00.

Method of Payment. The selected consultant will be reimbursed no more than once a month, on a task-completed basis; the payment rate quoted will be all-inclusive for overhead.

4) Proposal

Project Approach. A brief statement of the entire project and approach thereto as seen by the prospective consultant.

Work Plan. The Consultant shall develop a work plan and work schedule for completion.

Identify each major task, necessary subtasks, and/or specific milestones by which progress can be measured and payments made. (Reference Scope of Work specified in Section A of this RFP.)

Description of Qualifications. Describe the proposed team’s qualifications specific to Section B of this RFP, Bidder Minimum Qualifications. Identify the personnel, including subcontractors’ personnel, whose expertise or experiences addresses each of the specified requirements.

Proposers may identify any other qualifications they feel would be critical to the successful completion of the scope of work specific to Section A of this RFP, Purpose and Description of Services.

Cost. Cost proposal with budget breakdown and the hourly rate(s) of payment charged by the prospective consultant and their team.

Documentation of Past Work. Two samples of documentation of the prospective consultant’s past work which most closely correspond to the scope of work being requested by BCDC, specific to Section A of this RFP, Purposes and Description of Services. Also provide contact information for one reference associated with each instance of past work for which documentation is provided.

Required Attachments. Complete and include all required attachments.

5) Packaging and Submittal Instructions

a) All proposals must be submitted under sealed cover and received by BCDC by the dates and times shown in Section (C)(1), Key Action Dates. Proposals received after this date and time will not be considered.

b) A minimum of three (3) copies of the proposal must be submitted.

c) The original proposal must be marked "ORIGINAL COPY". All documents contained in the original proposal package must have original signatures and must be signed by a person who is authorized to bind the proposing firm. All additional proposal sets may contain photocopies of the original package.

d) The proposal envelopes must be plainly marked with the RFP number and title, your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

San Francisco Bay Conservation and Development Commission

Attn: Chenee Williams 375 Beale Street, Suite 510

San Francisco, CA 94105 RFP Number SFBC- P-25-23

Regional Abandoned Derelict Vessel (ADV) Program Project Management, Facilitation, and Process Support

Bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of a bid by contacting the BCDC Contract Administrator identified on Page 1 of this RFP.

e) If the proposal is made under a fictitious name or business title, the actual legal name of proposer must be provided. Proposals not submitted under sealed cover and marked as indicated may be rejected.

f) Bidder may modify a bid after its submission by withdrawing the original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, shall not be considered.

g) Bidder’s bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by Bidder or an authorized agent prior to the public bid opening. The bid is binding once it is opened by the State and may not be withdrawn without cause.

h) Bid must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

i) A bid 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 any or all proposals and may waive an immaterial deviation in a proposal. The State's waiver of an immaterial deviation shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if awarded the agreement.

j) Costs incurred for developing proposals and in anticipation of award of the agreement are entirely the responsibility of the proposer and shall not be charged to the State of California.

k) BCDC may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package.

l) BCDC reserves the right to reject all proposals. The agency is not required to award an agreement.

m) Before submitting a response to this solicitation, bidders should review the bid, correct all errors, and confirm compliance with the RFP requirements.

n) Where applicable, Bidder must carefully examine work sites and specifications. No additions or increases to the Agreement amount will be made due to a lack of careful examination of work sites and specifications.

o) More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered.

p) The State does not accept alternate contract language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

q) No oral understanding or agreement shall be binding on either party.

6) Evaluation and Selection

a) All bid packages properly received according to the RFP instructions on or before the bid due date and time shall be publicly opened and the rates read on the date and time specified in Section(C)(1), Key Action Dates, Bid Opening.

b) BCDC will evaluate each bid to determine compliance and adherence to all RFP requirements, as well as verification of calculations. BCDC reserves the right to request clarification of any documents submitted with this bid regarding any and/or all sections of the RFP.

c) The bidder that meets the minimum qualifications will be evaluated and scored according to the criteria indicated below.

d) The highest scoring bidder will be awarded the contract.

e) In the event of a precise tie between the lowest responsible bid of a certified small business and a certified disabled veteran owned small business, the contract must be awarded to the disabled veteran owned business per the Department of General Services (DGS) State Contracting Manual (SCM), Section 8.21C. If a tie persists between any Bidders after the small business preference is applied, a coin toss or lot drawing shall be used to determine the contract award. The coin toss or lot drawing shall be officially witnessed, and all affected bidders shall be advised of the tiebreaker method and invited to attend.

f) Bids that contain false or misleading statements, or which provide references that do not support an attribute condition claimed by the bidder, may be rejected.

Criteria to consider bidders for an interview Rating/Scoring Criteria Maximum Possible Points

Project Approach

A brief statement of the entire project as seen by the prospective consultant.

Work Plan and Project Understanding

Understanding of the project and project requirements

Approach to project tasks and timeline

Description of Qualifications

See Section C, Item No. 4.

Cost

Cost effectiveness (rates, reasonableness, and appropriateness of proposed fees)

Cost relative to other proposers

Samples of Work

Two samples of documentation of the prospective consultant’s work which most closely correspond to the scope of work being requested by BCDC (See Section A of this RFP, Purpose and Description of Services).

Total Points 100

Criteria for Interview Panel

Project Approach

Understanding of the purpose, scope, and complexity of the Regional ADV and Anchor-Out Program

Quality and clarity of the proposed overall approach

Alignment of the approach with BCDC’s goals for a practical, phased, and action-oriented process

Work Plan and Project Understanding

Demonstrated understanding of project tasks, deliverables, and timeline

Quality, feasibility, and organization of the proposed work plan

Approach to stakeholder engagement, meeting design, and facilitation

Ability to manage an evolving, multi-party process while maintaining momentum and clear milestones

Evaluation of Experience

Experience supporting public-sector or policy-oriented organizations

Experience working with small or mid-sized organizations with limited internal capacity

Experience gathering, synthesizing, and integrating stakeholder input into actionable recommendations or frameworks

Experience working with governing boards, elected officials, Commissioners, or similar public decision-makers

Relevance and quality of prior work samples and responses to panel questions

Cost

Total Points 100

Composite Final Scoring

Bid Evaluation

Interview Panel

Total Points 200

Small Business Preference (If you are a certified Small Business, the proposer will be awarded

5% Preference)

Disabled Veteran Business Enterprise Preference (If you are a certified DVBE, the proposer will be awarded 5% Preference)

Total Possible Points 220

7) Awards and Protests

a) Notice of the proposed award shall be posted in a public place in the office of the San Francisco Bay Conservation and Development Commission, 375 Beale Street, Suite 510, San Francisco, CA 94105 and on the following Internet site: https//www.bcdc.ca.gov, for five (5) working days prior to awarding the agreement.

b) If any proposer, prior to the award of Agreement, files a protest with the San Francisco Bay

Conservation and Development Commission and the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, email:

olsprotests@dgs.ca.gov, on the grounds that the (protesting) proposer would have been awarded the contract had the agency correctly applied the evaluation standard in the RFP, or if the agency followed the evaluation and scoring methods in the RFP, the Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. It is suggested that you submit any protest by certified or registered mail.

c) Within five (5) days after filing the initial protest, the protesting proposer shall file with the

Department of General Services, Office of Legal Services and the San Francisco Bay Conservation and Development Commission a detailed statement specifying the grounds for the protest.

d) Upon resolution of the protest and award of the Agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on page 14 or the Internet at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

e) Upon resolution of the protest and award of the Agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on page 16 or the Internet at https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract- Language#@ViewBag.JumpTo.

8) Disposition of Bids

a) Upon bid opening, all documents submitted in response to this RFP will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

b) Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.

9) Agreement Execution and Performance

a) The successful bidder(s) shall enter into an Agreement with BCDC prepared on a State of

California Standard Agreement (STD 213 form, sample attached) and shall include Exhibits A, A-1, B, D. The approval of an Agreement is contingent upon timely receipt and the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, permits and other required documents.

b) This Agreement is not valid unless and until approved by DGS or, under its delegated authority, BCDC has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board. When the Agreement is fully approved, a copy shall be forwarded to Contractor.

c) All performance under the agreement shall be completed on or before the termination date of the Agreement.

D) SPECIAL PROGRAMS

1) Small Business Preference - 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#@ViewBag.JumpTo. Section 14835 et seq. of the California Government Code requires that a five percent preference be given to bidders who qualify as a small business. The rules and regulations of this law, including the definition of small business, are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulations is available upon request. To claim the small business preference, your firm must have its principal place of business located in California, have a complete application (including proof of annual receipts) on file with the State Office of Small Business and DVBE Services (OSDS) by 4:00 p.m. on the date bids are opened, and be verified by such office. Questions regarding the preference approval process should be directed to the Office of Small Business and DVBE Services at (916) 375-4940.

2) Disabled Veteran Business Enterprise (DVBE) Participation Program BCDC is committed to supporting the State of California’s goals for the Disabled Veteran Business Enterprise (DVBE) Program. We recognize the program’s role in expanding opportunities for disabled veteran–owned businesses and ensuring their meaningful participation in public contracting.

For more information please contact our SB/DVBE advocate at OBASadvocate@dgs.ca.gov or visit the Office of Small Business and Disabled Veteran Business Enterprise Services Outreach web page.

For certification inquiries please contact the Office of Small Business and Disabled Veteran Enterprise Services at 916-375-4940 or OSDSHelp@dgs.ca.gov.

E) REQUIRED DISCLOSURES

1) Commercially Useful Function

If Bidder is a California certified small business in accordance with Government Code Sections 14837(d)(1)-(2), Bidder must address specific aspects of the legislation that requires certified small businesses to perform a commercially useful function as defined in Government Code Sections 14837(d)(4)(A)-(B). A Commercially Useful Function Certification (CUF) form is attached to this solicitation.

2) Darfur Contracting Act

Effective January 1, 2009, contracts for Non-Information Technology (Non-IT) goods or services must address the requirements of the Act. The Act was passed to preclude State agencies generally from contracting with “SCRUTINIZED” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC Section 10475.

A SCRUTINIZED company is a company doing business in Sudan as defined in PCC Section 10476.

SCRUTINIZED companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for Non-IT goods or services (PCC Section 10477(a)). PCC Section 10478(a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a SCRUTINIZED company in order to submit a bid or proposal to a State agency. A SCRUTINIZED company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the DGS according to the criteria set forth in PCC Section 10477(b).

3) Contractor Certification Clauses

The Contractor Certification Clauses (CCC) may be downloaded from the Internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language An original, signed copy of page 1 must be submitted with the bid. Failure to submit a signed CCC shall delay approval of this Agreement.

4) Economic Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This paragraph serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctionsprograms-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

F) REQUIRED ATTACHMENTS

This RFP contains a list of Key Action Dates and Bid Requirements and Information in Section C (see Table of Contents). All required documents are listed on Attachment 1, Bidder’s Checklist, and must be included when submitting a bid.

This RFP package includes the following documents and shall be included in the final bid submission:

1. Required Attachment Checklist

2. Proposal/Prosper Certification Sheet

3. Prosper References

4. Payee Data Record - STD 204

5. Contractor Certification Clauses (CCC 4/2017)

6. Bidder Declaration - GSPD-05-105

7. Commercially Useful Function Certification Form

8. Disabled Veteran Business Enterprise (DVBE) Declarations – DGS PD 843

9. Darfur Contracting Act

10. Sample Standard Agreement (STD 213)

a. Exhibit A – Scope of Work

b. Exhibit B – Budget Detail and Payment Provisions

c. Exhibit B -1 – Rate Sheet

d. Exhibit D – Special Terms and Conditions & Additional Provisions

The following documents are incorporated by reference and are available on the internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language. Bidder may request an electronic copy of these documents by contacting the assigned contract analyst listed below.

1. Exhibit C - General Terms and Conditions for Private Contractors (GTC 04/2017).

2. Standard Contractor Certification Clauses (CCC 04/2017)

File details come from the government source that posted it. Updated .