SIB03-24_-_FINAL_RFP_(10-22-24).pdf

SCHOLARSHARE INVESTMENT BOARD

901 P Street, Suite 313B Sacramento, CA 95814 p (916) 651-6380 f (916) 589-2835 scholarshare@treasurer.ca.gov www.treasurer.ca.gov/scholarshare

MEMBERS

FIONA MA, CPA, CHAIR

State Treasurer

JOE STEPHENSHAW

Director of Finance

BROOKS ALLEN

Executive Director

State Board of Education

ANGELA ACOSTA-SALAZAR

Senate Rules Committee

Appointee

CATALINA CIFUENTES

Governor Appointee

CA Student Aid Commission

DAVID C. LIZARRAGA

Speaker Appointee

PAUL MARTIN

Governor Appointee

Member at Large

EXECUTIVE DIRECTOR

Cassandra DiBenedetto

ScholarShare Investment Board

Request for Proposals No. SIB03-24 Audit Services

Notice to Prospective Proposers

October 22, 2024

You are invited to review and respond to this Request for Proposals No. SIB03-24 (RFP) for audit services.

Proposals for these services must comply with the instructions included in this RFP. The RFP includes the Sample Standard Agreement the selected firm will be expected to execute. The agreement that will be entered into with the State of California (“State”) will include by reference the General Terms and Conditions and Contractor Certification Clauses which may be viewed and downloaded online at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language. The General Terms and Conditions and all Exhibits that are a part of the Sample Standard Agreement are not negotiable. By submitting a proposal, your firm agrees to the terms and conditions stated in this RFP.

All responses to this RFP must be submitted in hard copy and received by SIB no later than 4:00 p.m. Pacific Time (PT) on November 13, 2024. Email or faxed submissions will not be accepted. All proposals must be delivered to:

Attention: James Millward 901 P Street, Suite 313B

Sacramento, California 95814

In the opinion of the ScholarShare Investment Board, this RFP is complete and without need of explanation.

However, if you have questions, or should you need any clarifying information, contact James Millward by email at scholarshare@treasurer.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

The State of California will not contract or otherwise do business with publicly-held U.S. expatriate corporations without a compelling public interest. This policy is designed to ensure that companies with which the State of California does business meet threshold standards of corporate accountability.

Thank you for your interest.

Table of Contents

Section Page

A) Purpose and Description of Services

1) Scope Overview

2) Background

3) Scope of Work

4) Term of Agreement

B) Minimum Qualifications for Proposers

C) Proposal Requirements and Information

1) Schedule (Key Action Dates)

2) Questions and Answers

3) Content and Format of Proposal

4) Submission of Proposals

5) Evaluation Process

6) Award and Protest

7) Disposition of Proposals

8) Agreement Execution and Performance

D) Preference Programs

1) Small Business or Microbusiness Preference

2) Non-Small Business Preference

3) Disabled Veteran Business Enterprise (DVBE) Participation

E) Required Attachments

Attachment 1 - Required Attachment Check List Attachment 2 - Proposal/Proposer Certification Sheet Attachment 3 - Cost Proposal Work Sheet Attachment 4 - Proposers References Attachment 5 - Minimum Qualifications Certification Attachment 6 - California Disabled Veteran Business Enterprise (DVBE) Participation Program Instructions (if applicable)* Attachment 7 - Payee Data Record (STD. 204) Attachment 8 - Bidder Declaration (GSPD-05-105) Attachment 9 - Contractor's Certification Clauses (CCC-04/2017) Attachment 10 - Darfur Contracting Act Certification Attachment 11 - Small Business or Microbusiness Preference (if applicable) Attachment 12 - Non-Small Business Preference (if applicable) Attachment 13 - Resumes of Key Personnel Attachment 14 - Generative Artificial Intelligence (GenAI) Reporting and Factsheet (Std. 1000)

Sample Standard Agreement

STD 213 - Standard Agreement Exhibit A - Scope of Work Exhibit A-1 - Resumes of Key Personnel Exhibit B - Budget Detail and Payment Provisions Exhibit B-1 - Cost Proposal Exhibit C - General Terms and Conditions Exhibit D - Special Terms and Conditions

RFP No. SIB03-24

A) Purpose and Description of Services

1) Scope Overview

The ScholarShare Investment Board (SIB or Board) is the administrator of California’s 529 college savings plan, the ScholarShare 529 College Savings Plan (Plan), and the California Kids Investment and Development Savings Program. SIB is the State agency responsible for the effective and efficient administration of the Golden State ScholarShare College Savings Trust (Trust). Section 69989 of the Education Code requires SIB to submit an annual audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the Trust each year.

SIB is soliciting proposals from qualified public accounting firms to audit financial statements for the Board’s ScholarShare Administrative Fund (Fund) for the fiscal years ending June 30, 2024, and June 30, 2025. Audited financial statements for the Fund for the year ending June 30, 2023, are available online at www.treasurer.ca.gov/scholarshare/publications.asp.

2) Background

The California Legislature authorized creation of the Golden State ScholarShare College Savings Trust (Trust) in 1997 (Education Code Sections 69980-69994, the Act), intending it to be a “qualified tuition program” as defined in Section 529 (Section 529) of the Internal Revenue Code of 1986, as amended (Code). The Act authorizes Trust investments for a specific beneficiary’s advance savings for qualified higher education expenses in a postsecondary educational institution. SIB was established by the Act and is the state agency responsible for the effective and efficient administration of the Trust. SIB administers the State’s qualified tuition program, the ScholarShare 529 College Savings Plan, and the statewide children’s savings account (CSA) program, California Kids Investment and Development Savings Program.

3) Scope of Work

The following scope of work details SIB’s expectations for a Contractor providing audit services (sometimes referred to as the “Contractor”) for SIB. These services include, but are not limited to, the following:

a) Provide to SIB audit and examination services for the ScholarShare Administrative Fund

(Fund), as described herein:

i. An evaluation of systems of internal control, in accordance with generally accepted auditing standards as set forth in Statements on Auditing Standards, and published by the American Institution of Certified Public Accountants. The audit and examination will be conducted so that the Contractor may render an opinion on the financial statements taken as a whole complying with Rule 58.1 of the State Board of Accountancy in conformity with generally accepted accounting principles, as promulgated by the Governmental Accounting Standards Board (GASB), and applicable provisions of State law.

ii. Contractor will confirm expenses for the Fund.

iii. Contractor will treat all information in a confidential manner with all recommendations to be stated only in the audit reports provided to the SIB for appropriate release by SIB as required by law.

b) Contractor agrees to provide to SIB an audit report for the Fund as described herein:

i. Report shall include a statement of the scope of the audit and examination for the

Fund; the period covered by the audit and examination; and a list of the financial statements included in the report.

ii. Report shall include a statement of material audit findings and recommendations regarding the financial statements, internal control and accounting systems, and legality of actions for the Fund.

iii. Audited financial statements in the report shall include a “Statement of Operations,” “Statement of Assets and Liabilities” (Balance Sheet), and a “Statement of Cash Flows” for the Fund.

iv. Report shall include any other material matter and information.

v. Draft and final versions of the audit reports will be due to SIB staff pursuant to the schedule outlined in the table below, however due dates may vary depending on availability of information required for the completion of the report and/or the start date of the Agreement.

Audit Report

Fiscal Year Ending

June 30, 2024 June 30, 2025

Draft Version Due December 15, 2024 Due October 6, 2025

Final Version Due December 26, 2024 Due October 11, 2025 Note: Due dates for the draft and final version of the report for fiscal year ending June 30, 2026 will be provided if the one-year option is renewed.

vi. The Contractor shall review the proposed reports with SIB staff prior to finalization and presentation to SIB as necessary.

vii. One (1) original and five (5) printed copies of each report shall be prepared and provided to SIB staff with provision for additional copies upon request. An electronic version in PDF shall also be provided to SIB staff.

The services shall be performed at the offices of the selected Contractor and at the offices of appropriate affiliates, related entities, subsidiaries and subcontractors; however, there will be some mandatory meetings at 901 P Street, Sacramento, California 95814.

Contractor shall ensure that the quality and availability of its personnel assigned to this agreement will be maintained over the term of the agreement. To ensure independence and maintain a healthy professional skepticism between the Contractor and SIB, the Board may require the Contractor to rotate either their auditing teams or lead auditors at least once during the term of the agreement. Any changes in assigned personnel are at the discretion of the firm, provided that any replacements have substantially the same as or better qualifications and experience than the original personnel.

The performance of the selected Contractor will be evaluated based on the criteria outlined below.

Responsiveness and timeliness in responding to inquiries made by SIB (members, Executive Director, and staff).

Availability to SIB for conference calls and board meetings, as needed.

Quality, completeness and timeliness in providing reports to SIB for review and consideration.

Quality and accuracy of information, data and support included in all products submitted to SIB.

Availability of resources to adequately perform on contract requirements (staff, etc.).

Demonstrates the ability to provide management of tasks and coordination of support and administrative activities.

Possesses the technical and functional skills, and knowledge to direct all aspects of the contract.

4) Term of Agreement

The term of the agreement entered into pursuant to this RFP, if any, will be December 1, 2024 through June 30, 2026 with a maximum amount of $65,000.00. At the option of the State, the agreement may be extended for one additional year and up to an additional $32,500.00. The agreement is subject to the approval of the State of California. In no event shall services be performed prior to the approval of the agreement by the State.

B) Minimum Qualifications for Proposers

Proposer must complete Attachment 5 of the RFP certifying that the firm meets the following minimum qualifications. Failure to meet these minimum qualifications will cause your proposal to be considered non-responsive and the proposal will be rejected.

Proposer must be a professional certified public accounting firm, not in public employment, in business for at least three (3) years cumulatively.

Proposer, including any subcontractors, must be qualified to do business in the State of California. Proposer must also be able to provide evidence of qualification (e.g., registration with the California Secretary of State) to do business in the State of California, including qualification of any subcontractors, upon proposal submission for this RFP.

Proposer must have an office and professional CPA staff in the State of California.

C) Proposal Requirements and Information

1) Schedule (Key Action Dates)

All prospective Proposers are hereby advised of the following schedule and will be expected to adhere to the required dates and times (all times listed are Pacific Time (PT)).

Date Action October 22, 2024 RFP available to Prospective Proposers October 29, 2024, 12:00 p.m. PT Written Question Submittal Deadline November 1, 2024 Answers to Written Questions Distributed November 13, 2024, 4:00 p.m. PT Deadline for Proposal Submission November 14-15, 2024 Evaluation of Proposals November 18, 2024 Notice of Intent to Award December 1, 2024 Anticipated Commencement of Contract

SIB reserves the right to change the above dates and times, and, if so, SIB may modify this RFP prior to the date fixed for submission of proposals by the issuance of an addendum. SIB will also provide post updates online at http://treasurer.ca.gov/scholarshare/ and https://caleprocure.ca.gov/. SIB also reserves the right not to award an agreement at all.

2) Questions and Answers

In the opinion of SIB, this RFP is complete and needs no further explanation. However, if you have questions, or should you need any clarifying information, contact James Millward by phone at (916) 651-6380 or by e-mail at scholarshare@treasurer.ca.gov. Prospective proposers may submit written questions, if any, no later than by 12:00 p.m. PT on October 29, 2024 by email to scholarshare@treasurer.ca.gov.

A copy of the responses to all written questions received by 12:00 p.m. PT on October 29, 2024 will be posted online at www.treasurer.ca.gov/scholarshare and https://caleprocure.ca.gov/ by close of business on November 1, 2024.

3) Content and Format of Proposals

In preparing proposals, firms should:

Use standard 8½” x 11” white paper with a minimum type size of 12 points. Consecutively number all pages in the response (including attachments and/or appendices).

Include a cover letter stating:

o The name, address, email, phone and fax numbers of the principal contact responsible for the oversight of the agreement. Indicate the availability of this person for meetings with SIB staff.

o The name, address, email, phone and fax numbers of the project representative who will be available to SIB and its staff on a day-to-day basis during the term of the agreement.

o The name, address, email, phone, fax number and name of a key contact at each partner, if a consortium, and subcontractor and what the aforementioned would be responsible for under the agreement.

o That the firm accepts the terms of the Sample Agreement attached to this RFP. Please note that the General Terms and Conditions in Exhibit C are not negotiable.

List responses to each Question related to the firm’s Qualifications and Experience as identified below. Points will be awarded for the firm’s response(s) to each question. The allocation of points is defined in Evaluation Process, Section C(5) of this RFP. Questions should be answered for each relevant partner or subcontractor to the extent applicable if a firm is a consortium or is using subcontractors. In preparing proposals, the firm shall list each question and then provide the firm’s response to that question in the same order listed in this

RFP.

a) Required Information (Zero (0) points)

SIB may reject a proposal due to any disclosure or conflict of interest (potential or actual) that is material in the sole opinion of the Board.

i. State the name, address, telephone and e-mail addresses of firm and the person who will have ultimate responsibility for this contract.

ii. Does the firm have any business relationships, which may be construed to be potential or actual conflicts of interest. If so, disclose. The selected contractor will have a continuing requirement to disclose any business relationships that may be construed to be a potential or actual conflict. The disclosure must be sufficiently detailed to inform the Board of the nature, implications and potential consequences of each conflict and must include an explanation of how the firm addresses, or intends to manage or mitigate, each conflict. The Board may reject a proposal due to any disclosure or conflict of interest (potential or actual) that is material in the sole opinion of the Board.

b) Qualifications and Experience of the Firm (Maximum of thirty (30) points)

i. Provide a brief description of the firm’s qualifications and experiences that demonstrate its capability as auditor with regard to State governmental agencies and ability to successfully complete the services outlined in the Scope of Work outlined in Section A of the RFP.

The firm should have conducted, within the last five (5) years, at least one (1) audit of State governmental agencies. The firm must have experience in State accounting and related processes. Such experience may include a financial audit of a State department or services as an accounting consultant to a State agency. Completion of Attachment 4 (Bidder References) is an accompanying piece in documenting the firm’s experience.

c) Qualifications and Experience of Personnel (Maximum of thirty-five (35) points)

i. Identify the personnel who would be directly involved in providing the audit services under this agreement by completing the following table.

Name & Location

Title & Responsibility Total Years

Experience

Years with Firm

Most Advanced

Degree

ii. Provide a professional resume as well as a brief description of the background and experience of each individual, including the number of years and type of experience at the current firm as well as prior service. The party in charge of the SIB account should have at least three (3) years of experience in public accounting and audits of State agencies, or services as an accounting consultant to a State agency.

iii. Indicate who will have ultimate responsibility for this contract. Indicate the availability of this person for live or telephone meetings with the SIB or its designee. Describe the firm’s backup procedures if the primary person assigned to this account leaves the firm, or is otherwise unavailable.

d) Cost Proposal (Maximum of thirty (30) points)

Use Attachment 3 (Cost Proposal Work Sheet) to complete your cost proposal for each year of the contract term (including the potential extension year), which will be a full and final estimate. SIB expects the total amount of the contract not to exceed $97,500.00 for this potential three-year contract. Historically, the services outlined in the Scope of Work in Section A of the RFP have taken approximately 150 hours annually to complete.

Review this section and the calculations in your Cost Proposal carefully. Mathematical errors may be corrected by SIB. Do not make any modifications to the Cost Proposal form, including the 150 total annual hours.

The cost proposal shall:

i. Follow the template outlined in Attachment 3 – Cost Proposal, completing all of the cost proposal forms listed below:

Cost Proposal Detail (Year One) Cost Proposal Detail (Year Two) Cost Proposal Detail (Year Three – Potential Extension Year)

ii. Assume a total of 150 hours of staff work (including subcontractor staff work) per year. Estimate the number of hours out of the 150 each level of staff who will be assigned to the contract will work. Note that the total number of hours for identified staff must equal 150 per year.

ii. Identify and include an hourly rate for each level of staff who will be assigned to work on the services outlined in this RFP. The hourly rates identified will be utilized in the contract awarded to the winning bidder for reimbursement for services performed. All-inclusive flat fees and/or retainer fees will not be accepted for consideration.

Proposals submitted with a cost proposal that fails to meet any of the specified requirements outlined above, or in a form other than as provided for in Attachment 3, will be considered non-responsive and rejected.

4) Submission of Proposals

a) Proposals should provide straightforward and concise descriptions of the firm’s ability to satisfy the requirements of this RFP. The proposal must be complete and accurate.

Omissions, inaccuracies, or misstatements may be cause for rejection of a proposal.

b) All proposals must be submitted in hard copy under sealed cover and received by SIB by

4:00 pm PT on November 13, 2024 unless SIB provides notice that the date has been changed. Proposals received after this date and time will not be considered. Proposals received by fax or email will be rejected.

c) A minimum of one (1) unbound original and three (3) copies of the proposal shall be mailed or delivered to the following address:

Attention: James Millward 901 P Street, Suite 313B

Sacramento, California 95814 Phone: (916) 651-6380

d) 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.

e) 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:

Request for Proposals No. SIB03-24 Audit Services

Firm Name Firm Address

Contact Person and Phone Number

“DO NOT OPEN”

If the proposal is made under a fictitious name or business title, the actual legal name of the firm must be provided.

Proposals not submitted under sealed cover and marked as indicated may be rejected.

f) Proposals that omit the Minimum Qualification Certification that is included in Attachment 5 in Section E will not be considered. Proposals shall include each of the attachments (if applicable) on the Required Attachment Check List in Section E. Proposals that do not comply with the requirements of the RFP shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements and will be rejected.

g) Proposals 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.

h) A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. SIB may reject any or all proposals and may waive an immaterial deviation in a proposal. SIB’s waiver of an immaterial deviation shall in no way modify the RFP document or excuse the firm from full compliance with all requirements if awarded the agreement.

i) The proposing firm is entirely responsible for the costs of developing proposals and costs incurred in anticipation of award of the Agreement. Such costs shall not be charged to SIB.

j) An individual who is authorized to bind the proposing firm contractually shall sign Required

Attachment 2, Proposal/Proposer Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

k) A firm may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline as set forth in the Schedule (Key Action Dates) in Section C(1). The submission of a new proposal must comply with the requirements in this section. Proposal modifications offered in any other manner, oral or written, will not be considered.

l) A firm may withdraw its proposal by submitting a written withdrawal request to SIB, signed by the proposing firm or an authorized agent in accordance with Section C(4)(l). A firm may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to the proposal submission deadline.

m) SIB may modify this RFP prior to the date fixed for submission of proposals by the issuance of an addendum. SIB will also provide post updates online at http://treasurer.ca.gov/scholarshare/ and https://caleprocure.ca.gov/.

n) Upon announcement and release of this RFP and until selection of a Contractor (and notice of intent to award the Agreement), proposing firms (or potential proposing firms) are not permitted to communicate with SIB staff or its consultants with respect to the RFP except in connection with the process and procedures related to the RFP. Any communication must be directed to James Millward at scholarshare@treasurer.ca.gov.

o) SIB reserves the right to reject all proposals. SIB is not required to award an agreement.

p) Firms are cautioned against relying on SIB to discover and report any defects or errors in submitted documents. Before submitting a response to this RFP, firms should carefully review the response, correct all errors, and confirm compliance with the RFP requirements.

q) Where applicable, firms should 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.

r) More than one proposal from any firm, organization, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any firm has submitted more than one proposal for the work contemplated herein will cause the rejection of all proposals submitted by that firm. If there is reason for believing that collusion exists among the proposing firms, none of the participants in such collusion will be considered in this or future procurements.

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

5) Evaluation Process

a) All proposals will be reviewed by an evaluation committee. The initial review of the proposals will confirm that all information has been submitted in conformity with the requirements of this RFP. The absence of required information will cause a proposal to be deemed non-responsive and may result in the proposal’s disqualification. Responsive proposals will then be scored according to criteria herein. The scored categories and the corresponding weighting of each scored category is as follows:

Scored Category Weighting Qualifications and Experience of the Firm 30 points Qualifications and Experience of Personnel 35 points Cost Proposal 35 points Total Possible Points 100 points

The Evaluation Committee will allot points for each scored category of the RFP, up to 100 points.

The lowest cost proposal, based on the estimated Total Cost for Three Year Contract Term (two years and potential one-year extension) from Attachment 3, is awarded the maximum cost points. Other proposals are awarded cost points based on the following calculation:

(Lowest Cost Proposal / Other Cost Proposal) = (factor)

Total Cost Points for Other Cost Proposal = (factor) X maximum cost points

EXAMPLE: A maximum of 35 points is available.

Lowest Cost Proposal = $73,125 Other Cost Proposal = $97,500

(Lowest Cost Proposal / Other Cost Proposal) = $73,125 / $97,500 = ¾ Cost points awarded to Other Cost Proposal = ¾ X 35 points = 26.25 Cost Points

b) The following point scale will be used to score the responses to the questions presented under each of the scored category unless otherwise specified. Points earned for each scored category that result in a non-whole number will be rounded to the next whole number. For example, 70% of 35 points is 24.5 points, which would be rounded up to 25 points.

Points Awarded

Interpretation General Basis for Point Assignment

100% Excellent

Response fully meets the Board’s needs, requirements, or expectations with a high degree of confidence in the firm’s response. Firm offers one or more enhancing feature, method, or approach exceeding basic expectations.

85% Very Good Response fully addresses category being scored. Very good degree of confidence in the firm’s response.

70% Good

Response addresses category being scored. Good degree of confidence in the firm’s response. Minimal weaknesses are acceptable.

50% Adequate

Response (i.e., content and/or explanation offered) is adequate to meet the Board’s needs, requirements, or expectations. Any omission(s), flaw(s), or defect(s), are inconsequential and acceptable.

0% Inadequate

Response fails to address any portion of the category being scored. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

c) Proposals that contain false or misleading statements, or provide references that do not support an attribute or condition claimed by the firm, may be rejected. If, in the opinion of SIB, such information was intended to mislead SIB in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal.

d) The contract will be awarded to the responsible and responsive firm with the highest total score.

e) Tiebreaker - In the event two (2) or more responsive and responsible firms earn the highest score, the contract will be awarded to the responsive and responsible firm earning the higher score in Audit Services. If the scores for Experience/Expertise of the Firm are the same, the contract will be awarded to the responsive and responsible firm earning the higher score in the Background and Personnel Information. If the scores in the Background and Personnel Information are the same, the contract will be awarded to the responsive and responsible firm earning the higher score for Cost.

f) SIB is not required to award an Agreement.

6) Award and Protest

a) Notice of the proposed award shall be posted in a public place at the State Treasurer’s Office, 901 P Street, Sacramento, CA 95814, for five (5) working days prior to awarding the agreement. The notice will be posted at the entrance to Suite 313B and online at www.treasurer.ca.gov/scholarshare.

b) If any firm, prior to the award of agreement, files a protest with SIB and the DGS Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, on the grounds that the (protesting) firm 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 DGS has decided the matter. It is suggested that the firm submit any protest by contacting the Bid Protest Coordinator at OLSProtests@dgs.ca.gov.

c) Within five (5) days after filing the initial protest, the protesting firm shall file with SIB and the DGS Office of Legal Services a detailed written statement specifying the grounds for the protest. It is suggested that this detailed written statement be submitted by certified or registered mail.

7) Disposition of Proposals

a) Upon proposal opening, all documents submitted in response to this RFP will become the property of SIB and the State, 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) Proposal packages may be returned only at the firm's expense, unless such expense is waived by SIB.

8) Agreement Execution and Performance

a) Performance shall start not later than 30 days, or on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. If the Contractor fails to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's proposal price and the actual cost of performing work by another contractor.

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

D) Preference and Incentive Programs

1) Small Business or Microbusiness 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

A five percent (5%) preference will be applied to certified small business firms submitting proposals. To obtain the preference, firms must either be certified as a small business at the time the proposal is submitted. The firm MUST include an updated copy of their Small Business Certificate to obtain the preference. The 5% preference is issued only for computation purposes to arrive at the successful firm(s), and does not alter the amount of the actual proposals. Once each proposal has been scored, if the highest responsible firm is not a certified small business or microbusiness, 5% of the highest scoring proposal is added to the total “earned” points for each proposal submitted by a certified small business. These final numbers, with the 5% included, are then used to determine the highest scoring proposal. Questions regarding the small business certification or preference approval should be directed to the Office of Small Business & DVBE Services (OSDS) at (916) 375-4940 or can be found at the website listed above.

2) Non-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

A five percent (5%) preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation. If claiming the non- small business subcontractor preference, the proposal response must include a list of the small business(es) with which the firm commits to subcontract in an amount of at least 25% of the net price with one or more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4). The required list of California small business subcontractors must be attached to the proposal response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied; and 5) the dollar amount or percentage of the net price (as specified in the solicitation) per subcontractor.

Firms claiming the 5% preference must commit to subcontract for at least 25% of the net price with one or more California certified small businesses. Completed certification application required support documents must be submitted to the OSDS no later than 5:00 p.m. PT on the proposal due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375- 4940. The preference to a non-small business firm that commits to small business or microbusiness subcontractor participation of 25% of its net price shall be 5% of either the lowest, responsive, responsible firm’s price or the highest response, responsible firm’s total score. A non-small business, which qualifies for this preference, may not take an award away from a certified small business.

3) Disabled Veteran Business Enterprise (DVBE) Participation (OPTIONAL) – 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

This solicitation provides an incentive for DVBE participation. Attachment 6 outlines the DVBE Incentive Program. Firms seeking the DVBE incentive must submit a completed Bidder Declaration (GSPD-05-105) (Attachment 8) that demonstrates DVBE participation and qualification for a DVBE incentive, with proposal submittal. Firms who have been certified by California as a DVBE must also complete and submit the DVBE Declarations, STD. 843. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s).

The DVBE Incentive participation is optional and at the discretion of the proposing firm.

E) Required Attachments

Refer to the following pages for additional Required Attachments.

ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

Complete this checklist to confirm the attachments. Place a check mark or “X” next to each item that you are submitting to the State. For your proposal to be responsive, each of the following required attachments must be submitted with your proposal package.

This checklist must be returned with your proposal package. Submission of this required attachment is mandatory. Failure to complete and return this attachment with your proposal will cause your proposal to be rejected and deemed nonresponsive.

Attachment Attachment Name/Description

_____ Attachment 1 Required Attachment Check List

_____ Attachment 2 Proposal/Proposer Certification Sheet

_____ Attachment 3 Cost Proposal Work Sheet

_____ Attachment 4 Proposer References

_____ Attachment 5 Minimum Qualification Certification

_____ Attachment 6 California Disabled Veteran Business Enterprise (DVBE) Participation

Program Instructions (if applicable)

_____ Attachment 7 Payee Data Record (STD. 204)

_____ Attachment 8 Bidder Declaration Form (GSPD-05-105)

_____ Attachment 9 Contractor Certification Clauses (CCC 04/2017)

_____ Attachment 10 Darfur Contracting Act Certification

_____ Attachment 11 Small Business or Microbusiness Preference (if applicable)

_____ Attachment 12 Non-Small Business Preference (if applicable)

_____ Attachment 13 Resumes of Key Personnel

_____ Attachment 14 Generative Artificial Intelligence Reporting and Factsheet (Std. 1000)

ATTACHMENT 2

PROPOSAL/PROPOSER CERTIFICATION SHEET

This Proposal/Proposer Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original signatures. The proposal must be transmitted in a sealed envelope in accordance with RFP instructions. Submission of this required attachment is mandatory. Failure to complete and return this attachment with your proposal will cause your proposal to be rejected and deemed nonresponsive.

A. Place all required attachments behind this certification sheet.

B. The signature affixed hereon and dated certifies compliance with all the requirements of this proposal document. The signature below authorizes the verification of this certification.

C. The signature below certifies to the best of your knowledge that the information provided on this document is true and complete.

An Unsigned Proposal/Proposer Certification Sheet May Be Cause for Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Proposer’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as:

a. California Small Business Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending:

Completion Instructions for Proposal/Proposer Certification Sheet

Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation.

The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT 3

COST PROPOSAL

All specifications outlined in Section C of the RFP shall be met or the Bidder’s proposal will be considered non-responsive and rejected. Submission of this required attachment is mandatory. Failure to complete and return this attachment with your proposal will cause your proposal to be rejected and deemed nonresponsive.

Do not make any modifications to these Cost Proposal forms, including the 150 total annual hours.

See Section C of the RFP for more details. Review the RFP and the calculations in this Cost Proposal carefully. Mathematical errors may be corrected by SIB.

Total Cost for Three-Year Contract Term shall be the sum of the “Total Annual Cost” for Year One, Year Two and Year Three, and shall not exceed $97,500.00 for the potential three-year contract term.

Cost Proposal Detail

YEAR ONE

DIRECT LABOR (Staff Level/Title) HOURS 1 MULTIPLY

HOURLY

RATE

EQUALS

YEAR ONE

TOTAL 2

TOTALS

X $ = $

X $ = $

X $ = $

X $ = $

TOTAL DIRECT LABOR 150 TOTAL DIRECT LABOR COSTS $

(A)

TRAVEL COSTS TOTAL

Travel Costs $

TOTAL TRAVEL COSTS

$ (B)

DIRECT COSTS (EXCEPT LABOR) TOTAL

Direct Costs (Itemized) $

TOTAL DIRECT COSTS (EXCEPT LABOR)

(C)

TOTAL ANNUAL COST FOR YEAR ONE 3

1 Total shall be calculated assuming 150 hours of services provided by all levels of staff (including subcontractors) for year one.

2 Total shall be calculated by multiplying the number of hours per year by hourly rate for each level of staff (including subcontractors).

3 Total shall be the sum of the totals for A-C.

YEAR TWO

RATE

EQUALS

YEAR TWO

TOTAL 2

X $ = $

X $ = $

X $ = $

TOTAL DIRECT LABOR 150 TOTAL DIRECT LABOR COSTS $

(A)

TRAVEL COSTS TOTAL

Travel Costs $

TOTAL TRAVEL COSTS

$ (B)

TOTAL ANNUAL COST FOR YEAR TWO 3

1 Total shall be calculated assuming 150 hours of services provided by all levels of staff (including subcontractors) for year two.

2 Total shall be calculated by multiplying the number of hours per year by hourly rate for each level of staff (including subcontractors).

YEAR THREE – POTENTIAL EXTENSION YEAR

RATE

EQUALS

POTENTIAL

YEAR THREE

TOTAL 2

POTENTIAL

YEAR THREE

X $ = $

X $ = $

X $ = $

TOTAL DIRECT LABOR 150 TOTAL DIRECT LABOR COSTS $

(A)

TRAVEL COSTS TOTAL

Travel Costs $

TOTAL TRAVEL COSTS

$ (B)

TOTAL ANNUAL COST FOR

POTENTIAL YEAR THREE EXTENSION 3

1 Total shall be calculated assuming 150 hours of services provided by all levels of staff (including subcontractors) for the potential year three extension.

2 Total shall be calculated by multiplying the number of hours per year by hourly rate for each level of staff (including subcontractors).

*Optional

ATTACHMENT 4

PROPOSER REFERENCES

Submission of this required attachment is mandatory. Failure to complete and return this attachment with your proposal will cause your proposal to be rejected and deemed nonresponsive.

List below five (5) references for services performed within the last five years, which are similar to the scope of work to be performed in this contract. If five references cannot be provided, provide an explanation on an attached sheet of paper.

REFERENCE 1

Name of Firm Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service*

Brief Description of Service Provided

REFERENCE 2

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 4

Street Address City State Zip Code

Contact Person Telephone Number

*Optional

REFERENCE 5

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

SUBCONTRACTOR REFERENCES (if applicable)

For services performed by your subcontractor(s) within the last five years, list below three (3) references for each subcontractor which are similar to the scope of work to be performed in this contract. If three references cannot be provided for each subcontractor, provide an explanation on an attached sheet of paper.

REFERENCE 1

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 2

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code

Contact Person Telephone Number

ATTACHMENT 5

MINIMUM QUALIFICATIONS CERTIFICATION

attachment with your proposal will cause your proposal to be rejected and deemed nonresponsive.

The firm certifies that it fulfills all of the minimum qualifications outlined in Section B of Request for

Proposals No. SIB03-24 (the “RFP”). By signing this attachment, the firm also agrees to notify the

ScholarShare Investment Board (SIB) immediately upon its failure to continue to meet the minimum qualifications, if selected as the Contractor for audit services for SIB.

On behalf of ___________________________________________________, I certify that said firm (Firm Name) complies with the Minimum Qualification set forth in Section B of the RFP.

(Authorized Signature of Firm) (Firm Name)

(Print Name) (Date)

(Title)

ATTACHMENT 6

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

PARTICIPATION GOAL PROGRAM INSTRUCTIONS

DVBE PARTICIPATION REQUIREMENT. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC) section 10115 et seq., Military and Veterans Code (MVC) section 999 et seq., and California Code of Regulations (CCR), title 2, section 1896.60 et seq. This solicitation DOES NOT include a minimum DVBE participation requirement. DVBE participation is NOT required in the bid or proposal. However, a DVBE incentive will be applied as provided below.

DVBE INCENTIVE. The State will apply a DVBE incentive for responsive bids or proposals from responsible proposers that propose DVBE participation. The DVBE incentive will vary in relation to the percentage of confirmed DVBE participation. The following percentages shall apply.

Confirmed DVBE Participation of DVBE Incentive 5% and above 5%

4% to 4.99% inclusive 4% 3% to 3.99% inclusive 3% 2% to 2.99% inclusive 2% 1% to 1.99% inclusive 1%

As applicable:

(1) Awards based on low price – The DVBE incentive is applied by reducing the net price by the amount of DVBE incentive as computed from the lowest responsive net price submitted by a responsible proposer.

The DVBE incentive is for evaluation purposes only. Application of the DVBE incentive shall not displace an award to a small business with a non-small business.

(2) Awards based on high score – The DVBE incentive is a percentage of the total possible available points, not including points for socioeconomic incentives or preferences. The DVBE incentive points are included in the sum of non-cost points. The DVBE incentive points cannot be used to achieve any applicable minimum point requirements.

Firms who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form STD. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy at the following website:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf. The completed form should be included with the proposal response.

At the State’s option prior to award, firms may be required to submit additional written clarifying information.

Failure to submit the requested written information as specified may be grounds for proposal rejection.

RESOURCES AND INFORMATION*

U.S. Small Business Administration:

Central Contractor Registration on-line database https://uscontractorregistration.com/

FOR:

Service-Disabled Veteran-Owned Businesses in California

Local Organizations:

DVBE local contacts 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

FOR:

List of Potential DVBE Subcontractors

Department of General Services, Procurement Division (DGS-PD) eProcurement:

Website: https://caleprocure.ca.gov/ Phone: (916) 375-2000 Email: eprocure@dgs.ca.gov

FOR:

• SB/DVBE Search

• CSCR Advertisements

• Training Modules

DGS-PD Office of Small Business and DVBE Services

(OSDS):

707 Third Street, Room 1-400, West Sacramento, CA 95605 Website: 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 OSDS Receptionist: (916) 375-4940 PD Receptionist: (800) 559-5529 Fax: (916) 375-4950 Email: osdchelp@dgs.ca.gov

FOR:

• Directory of OSDS Certified DVBEs

• Certification Applications

•…