SIMM 195 Solicitation Template - cdt.ca.gov · Web viewThe word "bid" as used throughout is...

State of California

Department of Technology

Office of Statewide Project Delivery

Statewide Technology Procurement

Solicitation Template

Part 1 - Bidder InstructionsPart 2 - Bidder Response

February 2018

Font color key:

RED TEXT = {Editable/Decision Point. Modify only the text in RED}

BLUE TEXT = [Instructions to Agency/state entity]

BLACK TEXT = Not Editable, unless identified as [Example Text:]

Text Highlighted in yellow = Identifies those areas that direct the reader to another section, exhibit or attachment within the solicitation template. Agency/state entities must ensure that each of the highlighted areas point to the appropriate section, exhibit or attachment referenced. After California Department of Technology (CDT) Statewide Technology Procurement’s (STP) final review of the solicitation and prior to the release of the solicitation, the Agency/state entity must remove the highlights.

[Add Agency/State Entity’s Logo]

{INVITATION FOR BID (IFB)/REQUEST FOR PROPOSAL (RFP)}

{RFP/IFB (NUMBER)}

PART 1 – BIDDER INSTRUCTIONS

FOR{Name of System or Project}

{Release Date}{Release Date}

Issued by:

STATE OF CALIFORNIA

{Agency Name and Mailing Address}

Part 1 of the solicitation template contains the bidder and bidding instructions, proposal form instructions, solution requirements and instructions, and all other instructional/compliance information that the bidder must meet in order to be considered responsive and responsible to the solicitation.

Part 2 of the solicitation template contains all forms a bidder must complete and return with its Final Proposal, including the CDT/STP version form STD 213,

California Department of TechnologySIMM Section 195Solicitation Template Revised February 2018

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SOW, administrative forms, qualification forms, requirement responses, and all exhibits/attachments discussed in Part 1.

Disclaimer: The original version and any subsequent solicitation addenda released by the Procurement Official of this solicitation remain the official version. In the event of any inconsistency between the bidder’s versions, articles, attachments, specifications or provisions (which constitute the Contract), the official State version of the solicitation in its entirety shall take precedence.


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PAGE INTENTIONALLY LEFT BLANK


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State of California {RFP/IFB (Enter number)}{Agency/state entity name} Part 1 – Bidder Instructions

{Add release date or date of the last addendum}

{RFP/IFB}

PART 1 – BIDDER INSTRUCTIONS


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TABLE OF CONTENTS

PART 1 – BIDDER INSTRUCTIONS...............................................................................3

1 INTRODUCTION.....................................................................................................111.1 PURPOSE OF THIS {INVITATION FOR BID/REQUEST FOR PROPOSAL}..............111.2 BACKGROUND............................................................................................................111.3 TERM OF CONTRACT.................................................................................................111.4 CURRENT AND PROPOSED ENVIRONMENT...........................................................12

1.4.1 Current Environment..........................................................................................................121.4.2 Proposed Environment.......................................................................................................12

1.5 AMERICANS WITH DISABILITIES ACT (ADA)............................................................13

2 BIDDING INSTRUCTIONS......................................................................................142.1 BIDDER ADMONISHMENT..........................................................................................142.2 COMMUNICATIONS AND CONTACTS.......................................................................15

2.2.1 Procurement Official...........................................................................................................152.2.2 Questions Regarding the Solicitation Document................................................................162.2.3 Intent to Bid........................................................................................................................172.2.4 Bidders’ Library (Applicable/Not Applicable)......................................................................172.2.5 Bidders’ Conference (Applicable/Not Applicable)...............................................................182.2.6 Site Visit (Applicable/Not Applicable).................................................................................182.2.7 Cloud Computing Services.................................................................................................19

2.3 KEY ACTION DATES...................................................................................................212.4 RULES GOVERNING COMPETITION.........................................................................25

2.4.1 Identification and Classification of Solicitation Requirements............................................262.4.2 Solicitation Documents.......................................................................................................262.4.3 Examination of the Work....................................................................................................272.4.4 Exclusion for Conflict of Interest.........................................................................................272.4.5 Confidentiality..................................................................................................................... 272.4.6 Addenda............................................................................................................................. 282.4.7 Bidder’s Cost......................................................................................................................282.4.8 Discounts........................................................................................................................... 282.4.9 Signature of Proposal.........................................................................................................282.4.10 Irrevocable Offer................................................................................................................292.4.11 False or Misleading Statements.........................................................................................292.4.12 Joint Bids (Applicable/Not Applicable)................................................................................292.4.13 Bonds................................................................................................................................. 292.4.14 Unfair Practices Act and Other Laws.................................................................................292.4.15 Fair Employment and Housing Commission Regulations..................................................302.4.16 Plastic Trash Bag Certification Violations...........................................................................30


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2.4.17 Air or Water Pollution Violations.........................................................................................302.5 BIDDING STEPS..........................................................................................................30

2.5.1 Compliance Phase.............................................................................................................312.5.2 Final Phase........................................................................................................................ 342.5.3 Withdrawal and Resubmission/Modification of Proposals..................................................342.5.4 Disposition of proposals.....................................................................................................34

2.6 PROTESTS...................................................................................................................342.6.1 Requirements (Initial) Protests...........................................................................................342.6.2 Award Protest..................................................................................................................... 35

2.7 ALTERNATIVE PROTEST PROCESS.........................................................................352.8 NEGOTIATIONS...........................................................................................................37

3 ADMINISTRATIVE REQUIREMENTS....................................................................373.1 ABILITY TO PERFORM................................................................................................383.2 PRIMARY BIDDER.......................................................................................................383.3 SUBCONTRACTORS...................................................................................................38

3.3.1 Bidder Declaration Form (M)..............................................................................................393.4 AMENDMENT...............................................................................................................393.5 FINANCIAL RESPONSIBILITY INFORMATION...........................................................39

3.5.1 Financial Stability...............................................................................................................403.5.2 Financial Statements (M) (If Applicable)............................................................................403.5.3 Responsibility Certification (M)...........................................................................................40

3.6 GENERAL PROVISIONS..............................................................................................413.6.1 General Provisions – Information Technology (GSPD-401IT-09/05/2014).........................413.6.2 Cloud Computing Services Special Provisions..................................................................41

3.7 COMMERCIAL GENERAL LIABILITY..........................................................................423.8 WORKERS' COMPENSATION/EMPLOYER'S LIABILITY (M).....................................423.9 ADMINISTRATIVE REQUIREMENTS DOCUMENT (M)..............................................433.10 COVER LETTER (M)....................................................................................................433.11 STD 213, STANDARD AGREEMENT SAMPLE ..........................................................443.12 STATEMENT OF WORK (M)........................................................................................443.13 CONFIDENTIALITY STATEMENT (M).........................................................................443.14 SECRETARY OF STATE CERTIFICATION (M)...........................................................453.15 SELLER’S PERMIT (M) (IF APPLICABLE)...................................................................453.16 PAYEE DATA RECORD (STD 204) (M).......................................................................453.17 IRAN CONTRACTING ACT OF 2010 (M).....................................................................463.18 CALIFORNIA CIVIL RIGHTS LAWS (M)......................................................................463.19 BONDS AND OTHER SECURITY DOCUMENTS (M).................................................463.20 SOCIOECONOMIC PROGRAMS.................................................................................49

3.20.1 Bidder’s Preference and Incentive Declaration (M)............................................................49


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3.20.2 Disabled Veteran Business Enterprise (DVBE) Program...................................................503.20.3 Small Business Preference (O)..........................................................................................513.20.4 Non-Small Business Subcontractor Preference (O)...........................................................523.20.5 Commercially Useful Function (M).....................................................................................523.20.6 Target Area Contract Preference Act (TACPA) (O)............................................................53

3.21 PRODUCTIVE USE REQUIREMENTS........................................................................543.21.1 Customer In-Use................................................................................................................553.21.2 Customer References for Productive Use Requirements (M) (If Applicable).....................563.21.3 Hardware/Equipment.........................................................................................................57

3.22 PUBLIC WORKS REQUIREMENTS (M) (IF APPLICABLE).............................................573.22.1 Laws to be Observed.........................................................................................................58

3.23 CONTRACTOR’S LICENSE (M) (IF APPLICABLE).....................................................59

4 BID REQUIREMENTS............................................................................................594.1 QUALIFICATION REQUIREMENTS.............................................................................61

4.1.1 Bidder Qualifications (M)....................................................................................................614.1.2 Bidder References (M/mS).................................................................................................624.1.3 Staff Qualifications (M).......................................................................................................634.1.4 Staff References (M or MS)...............................................................................................64

4.2 SOLUTION REQUIREMENTS......................................................................................654.2.1 Functional and Non Functional Requirements (M).............................................................664.2.2 Narrative Response RequirementS (MS) (If Applicable)....................................................68

5 COST.......................................................................................................................695.1 COST WORKBOOK (M)...............................................................................................715.2 COST WORKBOOK INSTRUCTIONS..........................................................................725.3 PROJECT PAYMENT TERMS.....................................................................................735.4 SALES TAX...................................................................................................................73

6 PROPOSAL/BID FORMAT AND SUBMISSION REQUIREMENTS.......................746.1 PREPARATION............................................................................................................746.2 COMPLETION OF PROPOSALS.................................................................................746.3 DATE, TIME, AND ADDRESS OF SUBMITTALS........................................................746.4 PACKAGING AND LABELING......................................................................................756.5 FORMATTING...............................................................................................................756.6 CONCEPTUAL AND/OR DETAILED TECHNICAL PROPOSAL FORMAT AND CONTENT (IF APPLICABLE)..................................................................................................766.7 DRAFT PROPOSAL FORMAT AND CONTENT..........................................................776.8 FINAL PROPOSAL FORMAT AND CONTENT............................................................77

6.8.1 Volume 1: Response to Administrative Requirements.......................................................77


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6.8.2 Volume 2: Contract............................................................................................................786.8.3 Volume 3: Cost...................................................................................................................786.8.4 Volume 4: Literature (If Applicable)....................................................................................79

7 EVALUATION.........................................................................................................797.1 EVALUATION TEAM....................................................................................................807.2 EVALUATION STEPS...................................................................................................80

7.2.1 Evaluation of Required Information and Requirements......................................................807.2.2 Receipt and Preliminary Review........................................................................................807.2.3 Mandatory Requirements Evaluation.................................................................................817.2.4 Validation against Requirements........................................................................................81

7.3 EVALUATION OF PRELIMINARY PROPOSALS (IF APPLICABLE)...........................817.3.1 Conceptual Proposals (If Applicable).................................................................................817.3.2 Detailed Technical Proposals (If Applicable)......................................................................827.3.3 Draft Proposals (If Applicable)............................................................................................82

7.4 FINAL PROPOSAL EVALUATION...............................................................................827.4.1 Errors in the Final Proposal................................................................................................847.4.2 Rejection of Proposals.......................................................................................................867.4.3 Administrative Requirements Evaluation............................................................................867.4.4 Qualification requirements evaluation................................................................................867.4.5 Solution requirements evaluation.......................................................................................927.4.6 Demonstrations (If Applicable)...........................................................................................937.4.7 Calculate Bidder Proposal Non-Cost Score.......................................................................947.4.8 Cost Evaluation.................................................................................................................. 957.4.9 Socioeconomic Programs..................................................................................................967.4.10 Bidder Final Score Calculation and Rank Determination...................................................997.4.11 Selecting the Proposed Awardee.......................................................................................99

7.5 NEGOTIATIONS.........................................................................................................1007.5.1 Proceeding to Negotiations..............................................................................................1017.5.2 Negotiation Invitation........................................................................................................1027.5.3 Best and Final Offer Submission (BAFO).........................................................................1027.5.4 Evaluation of BAFO Submission......................................................................................1037.5.5 Selection..........................................................................................................................1037.5.6 Debriefing......................................................................................................................... 103

8 INFORMATIONAL ATTACHMENTS....................................................................103

PART 2 – BIDDER RESPONSE..................................................................................108

APPENDIX A, STATEMENT OF WORK.....................................................................110

SOLICITATION FORMS..............................................................................................112


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EXHIBIT 1: STD 213, STANDARD AGREEMENT SAMPLE.................................................114EXHIBIT 2: INTENT TO BID..................................................................................................117EXHIBIT 3: CONFIDENTIALITY STATEMENT.....................................................................119EXHIBIT 4: RESPONSE TO ADMINISTRATIVE REQUIREMENTS.....................................121EXHIBIT 5: BIDDER DECLARATION GSPD 05-105............................................................123EXHIBIT 6: SECRETARY OF STATE CERTIFICATION.......................................................125EXHIBIT 7: WORKERS’ COMPENSATION CERTIFICATION..............................................127EXHIBIT 8: SELLER’S PERMIT CERTIFICATION................................................................129EXHIBIT 9: PAYEE DATA RECORD.....................................................................................131EXHIBIT 10: IRAN CONTRACTING ACT OF 2010...............................................................133EXHIBIT 11: CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION....................................136EXHIBIT 12: BOND AND OTHER SECURITY DOCUMENTS..............................................138EXHIBIT 13: DVBE DECLARATIONS...................................................................................140EXHIBIT 14: BIDDING PREFERENCES AND INCENTIVES................................................142EXHIBIT 15: COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION...................144EXHIBIT 16: TACPA PREFERENCE REQUEST FORMS....................................................146EXHIBIT 17: LIST OF PROPOSED SUBCONTRACTORS (PUBLIC WORKS)....................148EXHIBIT 18: CONTRACTOR’S LICENSE INFORMATION...................................................150EXHIBIT 19: BIDDER QUALIFICATION FORM – INSTRUCTIONS....................................152EXHIBIT 19.1: BIDDER QUALIFICATIONS FORM...............................................................154EXHIBIT 19.2: BIDDER REFERENCE FORM.......................................................................156EXHIBIT 20: KEY STAFF QUALIFICATIONS FORM – INSTRUCTIONS.............................158EXHIBIT 20.1: {STAFF} - QUALIFICATIONS FORM............................................................161EXHIBIT 20.2: {STAFF} - REFERENCE FORM....................................................................163EXHIBIT 21: FUNCTIONAL AND NON-FUNCTIONAL REQUIREMENTS...........................165EXHIBIT 22: DELIVERABLES TABLE...................................................................................167EXHIBIT 23: COST WORKSHEETS.....................................................................................169EXHIBIT 24: RESPONSIBILITY CERTIFICATION................................................................171EXHIBIT 25: BIDDERS’ LIBRARY (APPLICABLE/NOT APPLICABLE)........................................173ATTACHMENT 1: TEMPLATE FOR QUESTION SUBMITTAL.............................................175ATTACHMENT 2: TEMPLATE FOR REQUEST FOR CHANGE SUBMITTAL.....................177ATTACHMENT 3: PROCEDURES FOR CONDUCTING PROTESTS UNDER THE ALTERNATIVE PROTEST PROCESS..................................................................................179ATTACHMENT 4: SOLICITATION SUBMISSION CHECKLIST............................................192ATTACHMENT 5: GLOSSARY OF TERMS.........................................................................195


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1 INTRODUCTIONThis solicitation is being conducted under the policies and procedures developed by the California Department of Technology (CDT) as provided under Public Contract Code (PCC) §12100 et seq. This solicitation contains the instructions governing the requirements for a fixed price to be submitted by interested bidders. The format that bid information is to be submitted and the material to be included therein follows. This solicitation also addresses the requirements that bidders must meet to be eligible for consideration, as well as addressing bidder’s responsibilities before and after award.

1.1 PURPOSE OF THIS {INVITATION FOR BID/REQUEST FOR PROPOSAL}[INSTRUCTIONS: This first paragraph should encapsulate the basic purpose of this procurement document. In addition, it should identify the legislative mandate, state business, or operational reason for the procurement. There is no need to give any background about the Agency/state entity or any other extraneous information. Just be brief but let the potential bidders know what is being requested.]

[Example Text:]

The purpose of this {Invitation for Bid/Request for Proposal} (hereafter referred to as “solicitation”) is to obtain proposals from qualified bidders to provide [insert the Agency/state entity name] and the State of California (hereafter referred to as “State”) with [insert the services/equipment, etc.] (Hereafter referred to as “[establish project name acronym (XXX)”). XXX will purchase all (Agency/state entity to decide whether the department or vendor, awarded the contract, will purchase equipment, hardware, software, maintenance. Provide this information here].

Responses to this solicitation will be evaluated based on the bidder’s total proposal in response to the requirements of this solicitation. The Contract award, if made, will be to the single bidder awarded the highest points as calculated in accordance with the methodology defined in Section 7, Evaluation.

1.2 BACKGROUND[INSTRUCTIONS: Explain what the issue is; what brought the Agency/state entity to this point. Explain the business need for this purchase and provide any details that would help the bidders better understand the state project/program objectives and business goals.]

1.3 TERM OF CONTRACT[Example Text:]


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Effective upon approval of CDT, Statewide Technology Procurement (STP), the term of the Contract is [enter the number of years in both alphabetical and numerical] years, with an estimated start date of [enter anticipated date mm/dd/yyyy].

The State, at its sole discretion, may exercise its option to execute [enter the number of optional years in both alphabetical and numerical years as] {two (2), one-year} extensions to perform [the Agency/state entity to specify what types of services – example: maintenance and operations, on-going support, knowledge transfer etc.] for a maximum Contract term of [enter the total number of alphabetical and numerical years including the optional years] {four (4) years.}

1.4 CURRENT AND PROPOSED ENVIRONMENT

1.4.1 CURRENT ENVIRONMENT[INSTRUCTIONS: Describe the current environment and the business needs to be solved. Identify existing business processes and technical systems that produce and maintain the data. Also describe how the data is being used. This section may contain more details of the organizational and functional responsibilities of the entity issuing the solicitation.

The following topics may be considered. They are not inclusive and are not in any order of importance. Include other applicable topics to meet the Agency/state entity’s needs.]

Overview of the Current System Technical Architecture Hardware and Software System Interfaces Application Interactions Database Information System Security Performance Criteria System Support Reports Business Process Flow, Application Flow and Data Flow Diagrams Help Desk Maintenance Schedules

1.4.2 PROPOSED ENVIRONMENTThis section is intended to present an overview of the proposed system and as such will not specify any detailed technical requirements. The bidder requirements and solution requirements supporting this overview are to be included in Section 4, Bid Requirements.


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In the event a discrepancy or ambiguity between the requirements described in this section, and the requirements set forth in Section 4, Bid Requirements is detected after the opening of proposals, Section 4, Bid Requirements and the bidder’s response thereto shall have priority over this section.

[INSTRUCTIONS: This section should provide an understanding of the framework and general requirements of the proposed system and the environment in which it must operate. When the following elements are relevant to the proposed system, describe the elements in a general fashion. However, any requirement that the bidder must accept and comply with to be deemed responsive must be a requirement in Section 4, Bid Requirements.

The following topics may be considered, are not inclusive, and are not in any order of importance. Include other applicable topics to meet the Agency/state entity’s needs.]

Overview of the Proposed System Changes to Current Operations Technical Architecture Hardware and Software System Interfaces Application Interactions Database Information System Security Performance Criteria System Support Reports Business Process, Application, and Data Flow Diagrams Workload and Expected Growth Help Desk Implementation Approach Contractor Transition-In Maintenance and Operations Maintenance and Technical Refresh Schedules

1.5 AMERICANS WITH DISABILITIES ACT (ADA)To comply with the nondiscrimination requirements of ADA, it is the policy of the State of California to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing a reasonable accommodation to participate in the procurement process or for persons having questions regarding reasonable accommodations of the procurement process, you may contact the Procurement Official


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identified in Section 2.2.1. You may also contact the State of California at the numbers listed below.

Important: To ensure that we can meet your need, it is best that we receive your request for reasonable accommodations at least 10 working days before the scheduled event, e.g., meeting, conference, workshop, etc., or deadline due-date for procurement documents.

The California Relay Service Telephone Numbers are:

TTY/VCO/HCO to Voice English

Spanish

1-800-735-2929

1-800-855-3000

Voice to TTY/VCO/HCO English

Spanish

1-800-735-2922

1-800-855-3000

From or to Speech-to-Speech

English & Spanish 1-800-854-7784

2 BIDDING INSTRUCTIONS[INSTRUCTIONS: Section 2, Bidding Instructions, is not to be retyped by the Agency/state entity and may not be modified. Several sections are labeled with “(Applicable/Not Applicable). These sections allow the Agency/state entity to choose whether they are applicable to the solicitation. If the Agency/state entity determines that the section(s) is “Not Applicable,” the Agency/state entity must delete the word “Applicable” from the section title and leave in “(Not Applicable),” then change the “(Not Applicable)” text and parenthesis in the section title from red to black. If the Agency/state entity determines that the identified section(s) is “Applicable,” the Agency/state entity must remove the entire “(Applicable/Not Applicable)” text and parenthesis from the section title for consistency with the other sections that do not have the label.

2.1 BIDDER ADMONISHMENTThis procurement will follow a phased approach designed to increase the likelihood that Final Proposals will be received without disqualifying defects. The additional steps:


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Ensure that the bidder clearly understand the State’s requirements before attempting to develop its Final Proposal

Ensure that the State clearly understands what each bidder intends to propose before those proposals are finalized

Provide an opportunity for the State and each bidder to discuss weaknesses or potentially unacceptable elements of a bidder’s proposal and gives the bidder an opportunity to modify its proposal to correct such problems

Specific information regarding such steps is found in Section 2.5, Bidding Steps and Section 7, Evaluation, of the solicitation.

The bidder should refer to Section 2.5, Bidding Steps, to understand the phases applicable to this solicitation. It is the bidder’s responsibility to:

1. Carefully read the entire solicitation.2. Ask appropriate questions in a timely manner, if clarification is necessary.3. Submit all required responses by the required dates and times.4. Make sure that all procedures and requirements of the solicitation are accurately

followed and appropriately addressed.5. Carefully re-read the entire solicitation before submitting a Draft and Final Proposal.

2.2 COMMUNICATIONS AND CONTACTSThe State uses an online procurement system known as Cal eProcure to communicate with prospective bidders and suppliers. Information and ongoing communications for this solicitation will be posted by the State on the Cal eProcure website, www.caleprocure.com.

Only questions submitted in writing and answered in writing by the Procurement Official shall be binding and official. Written questions must be submitted by email to the Procurement Official identified in Section 2.2.1, Procurement Official, using Attachment 1, Template for Question Submittal. All written questions submitted by the deadline specified in Section 2.3, Key Action Dates, will be responded to at the same time with all questions and answers posted to Cal eProcure in the form of a question and answer set.

Oral communications by Agency/state entity officers and employees concerning this solicitation shall not be binding on the State and shall in no way excuse the bidder of any obligations set forth in this solicitation.


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http://www.caleprocure.com/



2.2.1 PROCUREMENT OFFICIAL[INSTRUCTIONS: This is the individual conducting the solicitation process. If CDT STP is conducting the solicitation on behalf of the Agency/state entity, the CDT STP Procurement Official should be listed here.]

The Procurement Official is the State’s designated authorized representative regarding this procurement.

Bidders are directed to communicate, submit questions, deliver proposals, and submit all other correspondence regarding this procurement to the Procurement Official at the address below in Table 2-1: Procurement Official.

Table 2-1: Procurement OfficialHand Delivered Proposal; Parcel Post

(FedEx, UPS, etc.)United States Postal Service

(USPS)

California Department of TechnologyStatewide Technology ProcurementAttn: Name, Procurement Official10860 Gold Center Drive,Suite 200 - Security DeskRancho Cordova, CA 95670

California Department of TechnologyStatewide Technology ProcurementAttn: Name, Procurement OfficialMail Stop Y12P.O. Box 1810Rancho Cordova, CA 95741

{Name}, Procurement OfficialPhone: (916) {###-####} Email: [email protected]

2.2.2 QUESTIONS REGARDING THE SOLICITATION DOCUMENTBidders requiring clarification of the intent, terms and conditions, content of this solicitation, or on procedural matters regarding the competitive bid process may request clarification by submitting questions using Attachment 1, Template for Question Submittal, in an email (using the solicitation identification information from the solicitation title page) to the Procurement Official listed in Section 2.2.1. To ensure a response, questions must be received in writing by the scheduled date(s) specified in Section 2.3, Key Action Dates. Question and answer sets will be provided to all bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

If a bidder who desires clarification or further information on the content of the solicitation, but whose questions relate to the proprietary aspect of its proposal and disclosure exposes its proposal to other bidders, the question may be submitted using the same criteria above with the notation, “CONFIDENTIAL.” The bidder must explain why the question is sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the proposal, the question


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mailto:[email protected]



will be answered and both the question and answer will be confidentially maintained. If the State does not concur with the proprietary aspect of the question, the question and answer will not be confidentially maintained and the bidder will be so notified.

If the bidder believes that one or more of the solicitation requirements is onerous, unfair, or imposes unnecessary constraints on the bidder proposing a less costly or an alternate solution, the bidder may request a change to the solicitation by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change using Attachment 2, Template for Request for Change Submittal. Such request must be submitted to the Procurement Official by the date specified in Section 2.3, Key Action Dates for submitting a request for change. Oral responses shall not be binding on the State. Bidders must submit all requests for changes by the date specified in Section 2.3: Key Action Dates.

2.2.3 INTENT TO BIDBidders that want to participate in the solicitation should submit a completed Exhibit 2: Intent to Bid by the date specified in Section 2.3, Key Action Dates. This document shall be emailed to the Procurement Official identified in Section 2.2.1. Only those bidders acknowledging interest in this solicitation will receive correspondence applicable to the solicitation (e.g., scheduling dates for confidential discussions, Office of Technology services (OTech) meetings, etc.) throughout this procurement. Correspondence to a bidder regarding this solicitation will only be given to the bidder’s designated contact person.

It shall be the bidder’s responsibility to immediately notify the Procurement Official identified in Section 2.2.1, in writing, regarding any revision to the contact person information. The State shall not be responsible for proposal correspondence not received by the bidder if the bidder fails to notify the State, in writing, about any change pertaining to the designated contact person.

A bidder must notify the Procurement Official whenever its intent to bid changes or whenever there is a change in the bidder’s designated contact information.

2.2.4 BIDDERS’ LIBRARY (APPLICABLE/NOT APPLICABLE)The State will make available a Bidders’ Library containing reference and supporting documentation that the bidder may review and use to prepare its Final Proposal. The Bidders’ Library is accessible using the following URL:

[INSTRUCTIONS: Insert link to Bidders’ Library]

{Exhibit XX contains a list, sites referenced, and links to the items physically located in the Bidders’ Library.}


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The bidder is encouraged to review the information in the Bidders’ Library to gain a thorough understanding of the [insert project name]. It is each bidder’s responsibility to check for updates to the Bidders’ Library.

[OR][INSTRUCTIONS: The standard language above can be replaced with the language below. The language below is used if the Agency/state entity has determined that the information posted on the Bidders’ Library is confidential. Additionally, Agency/state entity may need to develop a Bidders’ Library access authorization form.]

The bidder is encouraged to review the information in the Bidders’ Library to gain a thorough understanding of the [insert project name]. It is each bidder’s responsibility to check for updates to the Bidders’ Library.

It is the bidder’s responsibility to contact the Procurement Official for a User ID, password and URL. Bidders should check frequently for updates to the Bidders’ Library. Bidders are not allowed to share or provide this information to anyone.

To obtain Bidders’ Library access, bidders must sign and submit the Exhibit 3: Confidentiality Statement, to the Procurement Official. It is the bidder’s responsibility to provide the Procurement Official the required documentation to obtain the User ID, password and URL for access to the Bidders’ Library. The bidder must identify a Bidders’ Library single point of contact, email, street address, and phone number. A User ID, password and URL will be emailed back to the bidder’s single point of contact within three (3) days after receipt of the Exhibit 2: Intent to Bid and Exhibit 3: Confidential Statement. Bidders are encouraged to review the information in the Bidders’ Library to gain a thorough understanding of [insert project name] and the project solution requirements in which it operates.

The State will provide updated information as it becomes available during the course of the solicitation. The State will ensure the latest documents are provided in the Bidders’ Library.

2.2.5 BIDDER’S CONFERENCE (APPLICABLE/NOT APPLICABLE)[A Bidder’s Conference is generally held when a physical review or walkthrough of the facility/equipment is necessary for bidder(s) to obtain additional information prior to submitting a proposal response. This is an optional step in the solicitation process.]

A Bidder’s Conference will be held, during which bidders will be afforded the opportunity to meet with State personnel and discuss the content of the solicitation and the procurement process. Bidders are encouraged to attend the Bidder’s Conference. The time, date and place of such conference are specified in Section 2.3, Key Action Dates. Written questions, as noted in Section 2.2.2, received prior to the cutoff date for


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submission, may be answered at the conference without divulging the source of the query.

If questions are asked at or before the conference, bidders will be asked to submit the question(s) in writing to the Procurement Official. Answers to these questions will be published in a question and answer set. Oral responses shall not be binding on the State. A transcript of the Bidder’s Conference will not be created.

2.2.6 SITE VISIT (APPLICABLE/NOT APPLICABLE)[INSTRUCTIONS: This section is recommended when the bidder needs to observe, review, or investigate certain current operations or facilities before submitting their Final Proposal. This section may be tailored by the Agency/state entity to fit the specific requirements. Include language of the intent of site visits, location, and any special instructions that the bidder needs to be aware of before and during the site visits.]

Visits to the physical installation site may be conducted for the purpose of familiarization with the current system(s), environment, applications, etc.

Conditions appropriate for examination include, but are not limited to any of the following: [insert those applicable conditions]

2.2.7 CLOUD COMPUTING SERVICES [INSTRUCTIONS: Include language of the intent of the meeting, location, and any special instructions that the bidder needs to be aware of before and during the meeting.

CDT has developed a Cloud Computing Policy in order to harness the benefits of Cloud Computing. Whenever feasible, Agencies/state entities must utilize cloud services provided by CDT, (OTech). These service options include Software-as-a-Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS). If the required services are not available through OTech, Agencies/state entities must utilize other commercially available SaaS, PaaS, or IaaS cloud service models when feasible and cost effective. Additionally, Agencies/state entities must utilize the Department of General Services (DGS) Cloud Computing Services Special Provisions when procuring commercial cloud SaaS.

California’s Cloud Computing strategy is based on growing the cloud from the inside out. In support of this strategy, CDT published a Cloud Computing Reference Architecture (CCRA) in January 2014. CCRA provides guidance to all Agencies/state entities to build or evaluate cloud services. Using this guide, OTech developed a secure state government-wide private cloud, referred to as “CalCloud”. CalCloud is currently operational and offers cloud services to all Agencies/state entities. Refer to SAM 4983.1 for the Cloud First policy.]


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http://www.dgs.ca.gov/pd/Home/CloudComputing.aspx

http://www.cio.ca.gov/ea/docs/Cloud-Computing-CC-V1.pdf

http://www.cio.ca.gov/ea/docs/Cloud-Computing-CC-V1.pdf



Per the State’s Cloud Computing Policy, whenever feasible, Agencies/state entities will utilize the CalCloud services provided by OTech. These service options include Software-as-a-Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS).

The bidder will be provided the opportunity to confidentially meet and discuss its solution approach with OTech and {enter name of program} technical representatives to assist the bidder in understanding the CalCloud service offerings, rates, and standards. These meetings will allow each bidder to determine whether CalCloud provides a technically viable platform to host its solution. If CalCloud is a viable option, the bidder will identify in their Final Proposal, the physical requirements, and the costs for deploying the solution in the CalCloud environment, as well as the ongoing costs to support the solution upon deployment. Therefore, it is in the bidder’s best interest and recommended that each bidder meet with OTech prior to the submission of its draft bid to assist the bidder in preparing its proposal. The OTech meetings will be conducted in a confidential manner for all bidders.

The bidder must submit an OTech meeting request to the Procurement Official prior to the deadline specified in Section 2.3, Key Action Dates, in order to guarantee a meeting with OTech prior to the Draft Proposal submission deadline. OTech technical representatives will also be available for a follow-up discussion, if necessary, following confidential discussions in accordance with the deadlines specified in Section 2.3, Key Action Dates. OTech may also initiate discussions with the bidder through the Procurement Official.

During confidential meetings with OTech, both the State and the bidder may take written notes. There will not be an official transcript of the proceedings. If a bidder has any outstanding issues or needs for clarification prior to a meeting, the bidder is advised to submit questions in writing to the Procurement Official for resolution and/or clarification prior to submission of the Final Proposal, in accordance with the deadlines specified in Section 2.2.2, Questions Regarding the Solicitation Document and Section 2.3, Key Action Dates. Oral statements made by Agency/state entity officers and employees concerning this solicitation shall not be binding on the State and shall in no way excuse the bidder of any obligations set forth in this solicitation.

The bidder should submit questions, diagrams, and other materials for OTech review to the Procurement Official in advance of the scheduled discussion date, in accordance with the deadline specified in Section 2.3, Key Action Dates, to facilitate productive sessions with OTech. Bidder meetings with OTech will be scheduled in advance for a block of {enter the number of hours that will be allotted for each Bidder} hours. Each bidder will be notified by email or phone of their assigned meeting date, time, and location.


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The bidder may request follow-up meetings with OTech following confidential discussions and prior to the final bid due date, in accordance with the deadline specified Section 2.3, Key Action Dates, if desired. Additional information regarding OTech service offerings and rates is provided in the Bidders’ Library.

After the confidential discussion with OTech, if the bidder determines that use of the CalCloud is not technically feasible to accommodate its proposed solution, the bidder must provide a justification to the Procurement Official, which states the specific reasons why CalCloud is not technically feasible. The reasons may include technical incompatibility with the proposed solution and/or the inability of CalCloud to meet the system stability, availability, or performance requirements for the bidder’s proposed solution. With the concurrence of OTech, the bidder may propose the use of a Federal Risk and Authorization Management Program (FedRAMP) compliant commercial cloud service.

Proposing a commercial alternative if CalCloud is technically feasible may be considered a material deviation and may be the basis for the rejection of the bidder’s proposal. Additional information regarding OTech service offerings and rates are provided in the Bidders’ Library.

[The Agency/state entity Bidders’ Library must include, at a minimum, the following links:] OTech Services: https://cdt.ca.gov/services/ CalCloud - IaaS FAQ: https://cdt.ca.gov/services/calcloud-iaas/ Contact OTech: https://cdt.ca.gov/services/ Open Service Request: https://cdt.ca.gov/services/

2.3 KEY ACTION DATESTable 2-2: Key Action Dates provides the key action dates and times by which actions must be taken or completed. If the State finds it necessary to change these dates or times, it will be accomplished via an addendum to this solicitation with the exception of dates listed after the bidder’s submission of Final Proposal. Dates listed after the bidder’s submission of Final Proposal are estimated and may be adjusted without addendum to this solicitation. All times listed are for California Pacific Time/Pacific Standard Time.

[INSTRUCTIONS: In order to allow the State and the bidders enough time to execute their respective tasks during the procurement, sufficient time must be allowed between events to ensure adequate time for the process, assure the State’s needs are met, and minimize the risk of procurement cancellation. The times shown are typical; however, Agencies/state entities are to decide if more time is needed between each key action item. More time would be dependent upon such things as number of requirements, the


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https://cdt.ca.gov/services/



complexity of the requirements, etc. Prior to the release of a solicitation (before Action 1) allow a minimum of 20 working days for review of the solicitation by CDT STP and all critical partners.]

Table 2-2: Key Action Dates (KAD)Key Action Dates

Item Action Date and Time [Allow at least the following number of days]

1. Release of Solicitation

2. {Last day to submit questions for clarification of solicitation for Bidder’s Conference1}

{Insert date}[This is an optional step in the solicitation process. If a Bidder’s Conference is held, add 10 working days from “release of solicitation” (item 1).]

3. {Bidder’s Conference1

[Identify the location/address of the conference here]

{Insert date and time}[This is an optional step in the solicitation process. If a Bidder’s Conference is held, add 5 – 15 working days from “last day to submit questions for clarification…” (item 2)]

4. Last day to submit Exhibit 2: Intent to Bid and Exhibit 3: Confidentiality Statement (signed)

{Insert date}[10 working days from “Release of Solicitation” (item #1) OR 5 working days from Bidder’s Conference (item 3)]

5. {Submission of Conceptual Proposal1}

{Insert date}[This is an optional step in the solicitation process. If requesting conceptual proposals, add 5-25 working days from “Last day to submit Exhibit 2: Intent to Bid and Exhibit 3: Confidentiality Statement (signed)” (Item 4)]

6. {Confidential discussion with individual bidder regarding Conceptual Proposal1}[If requesting conceptual proposals, this action will apply]

{Insert date and time}[This is an optional step in the solicitation process. If requesting conceptual proposals, add 10 – 60 working days from last day from “Submission of Conceptual Proposal” (Item 5)]


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Key Action Dates


7. {Submission of Detailed Technical Proposal1 }

{Insert date and time}[This is an optional step in the solicitation process. If requesting technical proposals, add 5 – 25 working days from “Last day to submit Exhibit 2: Intent to Bid and Exhibit 3: Confidentiality Statement (signed)” (item 4) or “Confidential discussions…regarding Conceptual Proposal” (item 6)]

8. {Confidential discussion with individual bidders regarding Technical Proposal1}[If requesting technical proposals, this action will apply]

{Insert date and time}[This is an optional step in the solicitation process. If requesting technical proposals, add 10 – 60 working days from “Submission of Detailed Technical Proposal” (item 7)]

9. {Last day to submit written questions and request a meeting with OTech1 }

{Insert date and time}[This is an optional step in the solicitation process. Add 10 – 15 working days from “Release of Solicitation” (item 1) OR “ Confidential Conceptual and/or Technical discussions” (item #6 and/or #8)]

10. {OTech meetings with bidders1,3} {Insert date and time}[This is an optional step in the solicitation process. If having meetings with OTech, add 10 working days from “Last day to submit written questions to…OTech” (item 9]

11. Last day to submit written questions using Attachment 1 and request changes to requirements using Attachment 22

{Insert date and time}[Add 10 – 20 working days from “Last day to submit Exhibit 2: Intent to Bid and Exhibit 3: Confidentiality Statement (signed)” (item 4), AND/OR “Confidential discussions…regarding Conceptual Proposal” (item 6), AND/OR “Confidential discussion…regarding Technical Proposal” (item 8)] OR “OTech meetings with bidders” (Item 10)


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Key Action Dates


12. State’s response to bidder’s questions, bidder’s request for changes to the requirements and release of potential addendum[This is action is not an official Key Action Date; however, it is helpful to alleviate questions from bidders inquiring when an addendum will be released.]

{Insert date and time}[Add 15-20 working days from “Last day to submit written questions…and request changes…” (item 11)

Note: Agency/State entity should add in time or KAD for an Addendum.]

13. Last day to protest solicitation requirements2

{Insert date and time}[Add 5 working days from “State’s response to bidder questions…and request for changes to the requirements and release of potential addendum” (item 12)]

14. Last day to submit Draft Proposals1 {Insert date and time}[Add 5 – 15 working days from “Last day to protest solicitation requirements” (item 13)]

15. Confidential discussions with individual bidders1,3

[If requesting draft proposals, this action will apply]

{Insert date and time}[Add 10 – 20 working days from “Last day to submit Draft Proposals” (item 14)Note: When establishing the timeframe, consider time needed to evaluate each Draft.]

16. Last day to submit questions for clarification of solicitation and/or request a change to the requirements in the solicitation prior to Final Proposal

{Insert date and time}[Add 5 – 10 working days from “Confidential discussions…” (item 15)]


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Key Action Dates


17. State’s response to bidder’s questions, bidder’s request for changes to the requirements and release of potential addendum[This is action is not an official Key Action Date, however, it is helpful to alleviate questions from bidders inquiring when an addendum will be released.]

{Insert date and time}[Add 10 – 15 working days from “Last day to submit questions for clarification…and/or request a change in the requirements…prior to Final Proposal” (item 16)

Note: When establishing timeframe, consider how likely an addendum may be required as a result of item 16 or 17 and then subsequent step to allow time for bidder to protest any new requirements as a result of an addendum.]

18. Last day to submit Final Proposal4 {Insert date and time}[Add 10 – 15 working days from “State’s response to bidder’s questions…request for changes…” (item 17)]

19. Evaluation Period5 {Insert date and time}[Add 10 – 20 working day period beginning after “Last day to submit Final Proposal” (item 18)]

20. {Demonstration1} {Insert date and time}[This is an optional step in the solicitation process. If demonstrations are performed, add 10-30 working days from the end of the “Evaluation Period” (Item 19)]

21. Public Cost Opening {Insert date and time}[Add 10 – 15 working days from “Evaluation Period” (item 19) OR “Demonstration” (Item 20)]

22. Notification of Intent to Award {Insert date}[Add 10-15 working days from “Public Cost Opening” (Item 21)]

23. Last day to protest selection6 {Insert date}[Add 1 – 5 Days from “Notification of Intent to Award” (Item 22)]


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Key Action Dates


24. Contract Award {Insert date}[TBD]

25. Contract Execution {Insert date}[TBD]

1 This key action is an optional step in the solicitation process. Agency/state entity must decide if it applies to their procurement.

2 Or five (5) business days following the last addendum that changes the requirements of the solicitation. 3 Actual dates to be determined when the number of bidders is known.4 All dates after submission of Final proposal are approximate and may be adjusted as conditions indicate without

addendum to this solicitation.5 Based on the number of proposals received.6 See Section 2.6, Protests.

2.4 RULES GOVERNING COMPETITIONThis solicitation, the evaluation of responses, and the award of any resultant Contract shall be made in conformance with current competitive bidding procedures as they relate to the procurement of IT goods and services by public bodies in the State of California.

2.4.1 IDENTIFICATION AND CLASSIFICATION OF SOLICITATION REQUIREMENTS

The State has established certain requirements with respect to proposals to be submitted by prospective Contractors. The use of “shall,” “must,” or “will” (except to indicate simple futurity) in the solicitation indicates a requirement or condition which is mandatory. A deviation, if not material, may be waived by the State.

A deviation from a requirement is material if the response is not in substantial accord with the solicitation requirements, provides an advantage to one bidder over other bidders, or has a potentially significant effect on the delivery, quantity, or quality of items bid1, amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived.

The words “should” or “may” in the solicitation indicate desirable attributes or conditions, but are non-mandatory in nature. Deviation from or omission of such a desirable feature, even if material will not in itself cause rejection of the proposal.

1 The word "bid" as used throughout is intended to mean "proposed," "propose" or "proposal" as appropriate.


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2.4.2 SOLICITATION DOCUMENTSThis solicitation document includes, in addition to an explanation of the State’s requirements which must be met, instructions which prescribe the format and content of proposals to be submitted and the model of the Contract to be executed between the State and the successful bidder.

If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this solicitation document, the bidder shall immediately notify the Procurement Official identified in Section 2.2.1, of such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to Section 2.4.6, Addenda. Such modifications shall be given by written notice to all parties who have identified themselves as bidders to the Procurement Official without divulging the source of the request. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible therefore.

If the solicitation document contains an error known to the bidder, or an error that reasonably should have been known, the bidder shall bid at its own risk. If the bidder fails to notify the State of the error prior to the date fixed for submission of proposals, and is awarded the Contract, the bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

2.4.3 EXAMINATION OF THE WORKThe bidder should carefully examine the entire solicitation document and any addenda thereto, and all related materials and data referenced in the solicitation document or otherwise available to the bidder, and should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work. Specific conditions to be examined may be listed in Section 3, Administrative Requirements and/or Section 4, Bid Requirements.

2.4.4 EXCLUSION FOR CONFLICT OF INTERESTNo consultant shall be paid out of State funds for developing recommendations on the acquisition of information technology (IT) products or services or assisting in the preparation of the project approval lifecycle documents (stages 2, 3, or 4) or feasibility study, while in effect, if that consultant is to be a source of such acquisition or could otherwise directly and/or materially benefit from State adoption of such recommendations or the course of action recommended in the project approval lifecycle documents (stages 2, 3, or 4) or feasibility study. Further, no consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus IT products if that consultant would directly and/or materially benefit from State adoption of such recommendations.


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A consultant shall not be eligible to serve as the Prime Contractor or subcontractor pursuant to this solicitation if the Contractor/subcontractor is currently working on the solicitation in an Independent Verification and Validation (IV & V) role.

2.4.5 CONFIDENTIALITYBidder material becomes public only after the notice of Intent to Award is released. If material marked “confidential,” “proprietary,” or “trade secret” is requested pursuant to the Public Records Act, the State will make an independent assessment whether it is exempt from disclosure. If the State disagrees with the bidder, the State will notify the bidder and give them a reasonable opportunity to justify their position or obtain a court order protecting the material from disclosure.

The bidder should be aware that marking a document “confidential” or “proprietary” in a Final Proposal may exclude it from consideration for award and will not keep that document from being released after notice of award as part of the public record, unless a court has ordered the State not to release the document. The content of all working papers and discussions relating to the bidder’s proposal shall be held in confidence indefinitely, unless the public interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement or the evaluation of the proposal.

Any disclosure of confidential information by the bidder is a basis for rejecting the bidder’s proposal and ruling the bidder ineligible to further participate. Any disclosure of confidential information by a State employee is a basis for disciplinary action, including dismissal from State employment, as provided by Government Code §19570 et seq. Total confidentiality is paramount; it cannot be over emphasized.

2.4.6 ADDENDAThe State may modify the solicitation at any time prior to submission of Final Proposal by issuing an addendum. Addenda will be numbered consecutively.

If a bidder determines that an addendum unnecessarily restricts its ability to bid, the bidder is allowed five (5) business days to submit written questions and protest the addendum according to the instructions contained in Section 2.6.1, Requirements (Initial) Protests.

2.4.7 BIDDER’S COSTCosts for developing proposals are the responsibility entirely of the bidder and shall not be chargeable to the State.


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2.4.8 DISCOUNTSIn connection with any discount offered, except when a provision is made for a testing period preceding acceptance by the State, time will be computed from the date of delivery of the supplies or equipment as specified, or from date correct invoices are received in the office specified by the State if the latter date is later than the date of delivery. When a provision is made for a testing period preceding acceptance by the State, the date of delivery shall mean the date the supplies or equipment are accepted by the State during the specified testing period. Payment is deemed made, for the purpose of earning the discount, on the date of mailing the State warrant or check.

Cash discounts offered by bidders for the prompt payment of invoices will not be considered in evaluating offers for award purposes; however, all offered discounts will be taken if the payment is made within the discount period, even though not considered in the evaluation of offers.

2.4.9 SIGNATURE OF PROPOSALA cover letter shall be considered an integral part of the Final Proposal and any proposal form requiring signature, must be signed by an individual who is authorized to bind the bidding firm contractually. The signature block must indicate the title or position that the individual holds in the firm. An unsigned Final Proposal may be rejected.

The draft proposal, if applicable, must also contain the cover letter, including the title of the person who will sign, but need not contain the signature.

2.4.10 IRREVOCABLE OFFERA bidder’s Final Proposal is an irrevocable offer for {pick a number of days between 120 and 180 or longer} [depending on the complexity of the project. Consider federal approvals, Special Project Reports (SPRs) or Section 11 approvals, etc., when establishing this timeframe] days following the scheduled date for submission of {Final Proposal or consider using Contract award date} specified in Section 2.3, Key Action Dates. A bidder may extend the offer in the event of a delay of Contract award.

2.4.11 FALSE OR MISLEADING STATEMENTSProposals which contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this solicitation document, it will be the basis for rejection of the bidder’s proposal.


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2.4.12 JOINT BIDS (APPLICABLE/NOT APPLICABLE)[INSTRUCTIONS: Generally, the State does not accept joint proposals for IT goods/services. The Agency/state entity needs to discuss with the Procurement Official the rationale for accepting joint proposals for the solicitation.]

A joint proposal [two (2) or more bidders quoting jointly on one (1) bid] may be submitted and each participating bidder must sign the joint bid. If the Contract is awarded to joint bidders, it shall be one indivisible Contract. Each joint Contractor will be jointly and severally responsible for the performance of the entire Contract, and the joint bidders must designate, in writing, one individual having authority to represent them in all matters relating to the Contract. The State assumes no responsibility or obligation for the division of orders or purchases among joint Contractors.

2.4.13 BONDSThe State reserves the right to require a performance bond or other security document as specified in the solicitation from the bidder in an amount not to exceed the amount of the Contract. In the event the State requires a surety bond that has not been expressly required by the solicitation, the State will reimburse the bidder as an addition to the purchase price in an amount not exceeding the standard premium on such bond.

2.4.14 UNFAIR PRACTICES ACT AND OTHER LAWSBidder warrants that its proposal complies with the Unfair Practices Act (Business and Professions Code §17000 et seq.) and all applicable state and federal laws and regulations.

2.4.15 FAIR EMPLOYMENT AND HOUSING COMMISSION REGULATIONSThe California Government Code §12990 requires all state Contractors to have implemented a Nondiscrimination Program before entering into any Contract with the state. The Department of Fair Employment and Housing (DFEH) randomly selects and reviews state contractors to ensure their compliance with the law. DFEH periodically disseminates a list of contractors who have not complied. Any contractor so identified is ineligible to enter into any state contract.

2.4.16 PLASTIC TRASH BAG CERTIFICATION VIOLATIONSPublic Resources Code §42290 et seq. prohibits the state from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a state contract or subcontract or renewal, extension, or modification of an existing contract or subcontract. Prior to award, the State shall ascertain if the intended awardee or proposed


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subcontractor is a business identified on the current California Department of Resources Recycling and Recovery (CalRecycle) noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the CalRecycle of the proposed award and afford the CalRecycle the opportunity to advise the State. No award will be made when either the bidder or a subcontractor has been identified either by published list or by advice from the CalRecycle, to be in violation of certification requirements.

2.4.17 AIR OR WATER POLLUTION VIOLATIONSUnless the Contract is less than $25,000 or with a non-competitively bid contractor, Government Code §4477 prohibits the State from entering into any contract for the purchase of supplies, equipment, or services from any person, including a corporation or other business association who is in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district, or is subject to a cease and desist order not subject to review issued pursuant to Water Code §13301 for violation of waste discharge requirements or discharge prohibitions, or is finally determined to be in violation of provisions of federal law relating to air or water pollution.

2.5 BIDDING STEPSThe procurement process may require any or all of the following types of compliance phase (preliminary) proposals: Conceptual Proposal, Detailed Technical Proposal, and/or Draft Proposal. The procurement process requires a final phase consisting of a Final Proposal.

The procurement process to be used in this solicitation is composed of at least one (1) phase of proposal development. Refer to Section 2.3, Key Action Dates to determine which phases and mandatory steps are included in this solicitation.

[INSTRUCTIONS: The use of the draft proposal submission is encouraged. The use of detailed (technical or conceptual) proposals, however, is dependent upon the level of specification and the State’s desire to discuss possible solutions with the bidders. The use of detailed technical or conceptual proposals may be desirable if: The State can identify the resultant performance criteria but the method of delivery

or achievement is optional The State recognizes there may be more than one means of meeting the

requirements and wants to evaluate alternatives Competition can only be ensured by the State’s active analysis and participation in

proposal refinement.]


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2.5.1 COMPLIANCE PHASEThe compliance phase is an iterative, conversational mode of proposal and Contract development. It requires the State, working together in confidence with each bidder, to assess and discuss the viability and effectiveness of the bidder’s proposed methods of meeting the State’s needs as reflected in the solicitation. It is a departure from the rigid “either accept or reject” philosophy of traditional competitive bidding, yet it is highly competitive in nature. It provides the flexibility needed for the bidder to present a preliminary proposal prior to formal submittal of the Final Proposal, and it facilitates the correction of defects before they become detrimental to the bid. The compliance phase proposals or preliminary proposals may include the submission of a conceptual proposal and/or a detailed technical proposal and/or a draft proposal by the bidder, confidential discussions of the bidder’s proposal(s), and revised draft proposals to address the correction of defects.

The additional compliance phase step(s) will (1) ensure that the bidder clearly understand the State’s requirements before attempting to develop its Final Proposal; (2) ensure that the State clearly understands what each bidder intends to propose before those proposals are finalized; and (3) give the State and each bidder the opportunity to discuss weaknesses or potentially unacceptable elements of a bidder’s proposal and give the bidder the opportunity to modify their proposal to correct such problems.

The bidder is strongly encouraged to follow the scheduled steps of this procurement document in order to increase the chance of submitting a compliant Final Proposal. Costs submitted in any submission other than the Final Proposal may preclude the bidder from continuing in the process.

2.5.1.1 Conceptual Proposal (Applicable/Not Applicable)

The conceptual proposal is optional and included for the purpose of allowing each bidder to provide a general concept of a proposal. It should contain just enough detail to enable the evaluators to determine if the bidder is on the right track toward meeting the requirements as stated in the solicitation; and if not, where the bidder must change a concept. This step invites the bidder to be as innovative as the solicitation requirements allow in eliminating unnecessary constraints.

2.5.1.2 Detailed Technical Proposal (Applicable/Not Applicable)

The detailed technical proposal is optional and included for the purpose of allowing each bidder to provide a detailed technical description of its proposal. The proposal should determine whether the proposal is responsive to all the requirements of the solicitation, and if not, which elements are not responsive and what changes would be necessary.

2.5.1.3 Draft Proposal (Applicable/Not Applicable)


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The draft proposal is optional and included to provide the State with an "almost final" proposal in order to identify any faulty administrative, bid requirement or any aspects of the proposal which, if not corrected, could cause the Final Proposal to be rejected.

The draft proposal must be complete in every respect as required by the Section 6, Proposal/Bid Format and Submission Requirements. The inclusion of cost information in the draft proposal may be a basis for rejecting the proposal and notifying the bidder that further participation in the procurement is prohibited.

REVIEW OF THE DRAFT PROPOSAL BY THE STATE MAY INCLUDE CONFIDENTIAL DISCUSSIONS WITH INDIVIDUAL BIDDERS AND THE STATE WILL PROVIDE FEEDBACK TO THE BIDDER PRIOR TO SUBMITTAL OF THE FINAL PROPOSAL. Regardless of the inclusion of a confidential discussion, the State will notify the bidder of any defects it has detected in the draft proposal, or of the fact that it did not detect any such defects. Such notification is intended to minimize the risk that the Final Proposal will be deemed defective; however, THE STATE WILL NOT PROVIDE ANY WARRANTY THAT ALL DEFECTS HAVE BEEN DETECTED AND THAT SUCH NOTIFICATION WILL NOT PRECLUDE REJECTION OF THE FINAL PROPOSAL IF SUCH DEFECTS ARE LATER FOUND.

The State’s evaluation and review of preliminary proposal(s) is cursory. Therefore, bidders are cautioned not to rely on the State during these evaluations and reviews to discover and report to the bidders all defects and errors in the submitted documents. Before submitting each document, the bidder should carefully proof it for errors and adherence to the solicitation requirements.

2.5.1.4 Evaluation of Preliminary Proposal(s) and Discussion Agenda

The State will review each preliminary proposal including conceptual, detailed technical and draft proposals, as applicable in the solicitation. Review of the preliminary proposal(s) will be in accordance with the evaluation methodology outlined in the solicitation for the purpose of identifying areas in which the proposal is nonresponsive to a requirement, is otherwise defective, or in which additional clarification is required in order that the State may fully understand the ramifications of an action proposed by the bidder. As a result of this evaluation, the State may prepare an agenda of items to be discussed with the bidder, and will normally transmit the agenda to the bidder at least two (2) working days before the scheduled meeting. The agenda may also include, in addition to the identification of discovered defects, a discussion of the bidder’s proposed supplier support, implementation plans, validation plans, demonstration plans, and proposed Contracts, as appropriate.

2.5.1.5 Confidential Discussion with Each Bidder

In accordance with the discussion agenda, the State may meet with each bidder for the purpose of discussing the preliminary proposal(s) in detail. The bidder may bring to the


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discussion those persons who may be required to answer questions or commit to changes. As the first order of business, the bidder may be asked to give a short proposal overview presentation. To the maximum extent practical, the bidder will address the concerns of the State, as expressed in the discussion agenda, and should be prepared to answer any questions that may arise as a result of the presentation. The participants will then proceed to discuss each of the agenda items.

The State will not make counter proposals to a bidder’s proposed solution to the solicitation document requirements. The State will only identify its concerns, ask for clarification, and express its reservations if a particular requirement of the solicitation document is not, in the opinion of the State, appropriately satisfied. The primary purpose of this discussion is to ensure that the bidder’s Final Proposal will be responsive.

2.5.1.6 Submission of Amended Preliminary Proposal(s)

If, at the conclusion of the confidential discussion, the State determines that required changes can only be fully confirmed through the submission of an amended preliminary proposal(s), the State may require either the submission of an addendum to the bidder’s preliminary proposal(s) consisting only of those pages that were in doubt, or a the submission of a complete resubmittal.

The bidder will be notified of defects discovered in these submittals as well. The State will not provide any warranty that all defects have been detected and that such notification will not preclude rejection of the Final Proposal if such defects are later found.

2.5.2 FINAL PHASEThe purpose of the final phase is to obtain proposals that are responsive in every respect. The Final Proposal is a mandatory step for all bidders; all other steps are optional unless otherwise stated in Section 2.3, Key Action Dates.

The Final Proposal must be complete, and include all cost information, required signatures, contract changes issued by the State via an addendum and corrections made to those defects noted by the State in its review of the draft proposal, if any. Cost as identified in Section 6, Proposal/Bid Format and Submission Requirements must be submitted under a separate, sealed cover.

2.5.3 WITHDRAWAL AND RESUBMISSION/MODIFICATION OF PROPOSALSA bidder may withdraw its conceptual proposal, detailed technical proposal or draft proposal at any time by written notification. A bidder may withdraw its Final Proposal at any time prior to the Final Proposal submission date and time specified in Section 2.3, Key Action Dates, by submitting a written notification of withdrawal signed by an


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authorized representative of the bidder in accordance with Section 2.4.9, Signature of Proposal. The bidder may thereafter submit a new or modified proposal prior to the respective proposal submission date and time specified in Section 2.3, Key Action Dates. Modification offered in any other manner, oral or written, will not be considered. Other than as allowed by law, Final Proposals cannot be changed or withdrawn after the deadline date and time designated for receipt, except as provided in the solicitation.

2.5.4 DISPOSITION OF PROPOSALSAll materials submitted in response to this solicitation will become the property of the State of California and will be returned only at the State’s option and at the bidder’s expense. At a minimum, the master copy of the Final Proposal shall be retained for official files and will become a public record after the Notification of Intent to Award is posted. However, materials the State considers as confidential information (such as confidential financial information submitted to show bidder responsibility) will be returned upon request of the bidder.

2.6 PROTESTSThere are two (2) types of protests: 1) requirements (initial) protests and 2) award protests. A protest shall be submitted according to the procedures below.

2.6.1 REQUIREMENTS (INITIAL) PROTESTSProtests regarding any issue other than selection of the “successful bidder” are requirements protests. A protest of requirements is a challenge brought against a requirement that may be restrictive, ambiguous, favors a specific vendor, solution, technology, etc. Requirement protests will be heard and resolved by the Deputy Director of CDT STP, whose decision will be final.

Before a requirements protest is submitted, the bidder must make full and timely use of the procedures described in Section 2.2.2, Questions Regarding the Solicitation Document to resolve any outstanding issue(s) between the bidder and the State. The procurement procedure is designed to give the bidder and the State adequate opportunity to submit questions and discuss the requirements, proposals and counter proposals before the Final Proposal is due. The protest procedure is made available in the event that a bidder cannot reach a fair agreement with the State after exhausting these procedures.

All protests of requirements must be made in writing, signed by an individual authorized under Section 2.4.9, Signature of Proposal, and contain a statement of the reason(s) for protest, citing the law, rule, regulation, or procedures on which the protest is based. The protestant must provide facts and evidence to support the claim. All protests to the solicitation requirements must be received by the Deputy Director of CDT STP as


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promptly as possible, but not later than the respective deadline time and date specified in Section 2.3, Key Action Dates, for such protests. Protests must be mailed or delivered to:

Table 2-3: Protest Delivery InformationStreet Address: Mailing Address:

Deputy Director Deputy DirectorCalifornia Department of TechnologyStatewide Technology Procurement

California Department of TechnologyStatewide Technology Procurement

10860 Gold Center Drive, 2nd Floor(Security Desk)

P.O. Box 1810 MS Y12Rancho Cordova, CA 95741-1810

Rancho Cordova, CA 95670

Copies of all protests are to be sent to the Procurement Official listed in Section 2.2.1.

2.6.2 AWARD PROTESTAn award protest is where a bidder has submitted a Final Proposal which it believes to be responsive to the requirements of the solicitation document and to be the proposal that should have been selected according to the evaluation procedure in Section 7, Evaluation, and the bidder believes the State has incorrectly selected another bidder for award.

2.7 ALTERNATIVE PROTEST PROCESS [INSTRUCTIONS: Only the DGS and CDT have the authority to use the Alternative Protest Process. If the Agency/state entity is conducting the solicitation under their delegated authority, the Alternative Protest Process should be replaced with the Traditional Protest Language.

This procurement is being conducted under the provisions of the Alternative Protest Process (Public Contract Code § 12125 et seq.). The bidder understands that by submitting a proposal to this procurement, the bidder consents to participation in the Alternative Protest Process, and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5.

http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx

A Notice of Intent to Award for this solicitation will be publicly posted on the 2nd floor Security Desk of CDT, 10860 Gold Center Drive, Rancho Cordova, CA and sent via email to any bidder who submits a written request for notice and provided an email address.


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http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx



During the protest period, any bidder who submitted a Final Proposal may protest the proposed award on the following grounds:

1. For major information technology acquisitions where there was a violation of the solicitation procedure(s) and that the protesting bidder’s proposal should have been selected; or

2. For any other acquisition where the protesting bidder’s proposal should have been selected in accordance with the selection criteria in the solicitation document.

A written notice of intent to protest the proposed award of this solicitation must be received (email or facsimile acceptable) by the coordinator by the date and time specified in Section 2.3, Key Action Dates. Failure to submit a timely, written notice of intent to protest waives bidder’s right to protest.

Bidder is to send the notice of intent to protest to:

Table 2-4: Notice of Intent to Protest AddressHand Delivered Bid; Parcel Post

(FedEx, UPS, etc.)United States Postal Service

(USPS)

California Department of TechnologyStatewide Technology ProcurementAttn: Alternative Protest Process Coordinator10860 Gold Center Drive,Suite 200 – Security DeskRancho Cordova, CA 95670

California Department of TechnologyStatewide Technology ProcurementAttn: Alternative Protest Process Coordinator Mail Stop Y12P.O. Box 1810Rancho Cordova, CA 95741-1810

Fax: (916) 463-9910 Email: [email protected]

Copies of the protest are to be sent to the Procurement Official listed in Section 2.2.1.

Within seven (7) working days after the last day to submit a notice of intent to protest, the coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification, as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

Protest bond requirement: The bond amount for this Alternative Protest Process is ten percent (10%) of the estimated Contract value. Refer to California Code of Regulations, Title 1, Division 2, Chapter 5 §1418 .

Refer to Attachment 3: Procedures for Conducting Protests Under the Alternative Protest Process.


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https://govt.westlaw.com/calregs/Document/I53F857B0D3B111DE80E09959A9407E24?contextData=(sc.Search)&rank=1&originationContext=Search+Result&navigationPath=Search%2Fv3%2Fsearch%2Fresults%2Fnavigation%2Fi0ad60056000001544eecb02d5a101f2b%3FstartIndex%3D1%26Nav%3DREGULATION_PUBLICVIEW%26contextData%3D(sc.Default)&list=REGULATION_PUBLICVIEW&transitionType=SearchItem&listSource=Search&viewType=FullText&t_T2=1418&t_S1=CA+ADC+s

https://govt.westlaw.com/calregs/Document/I53F857B0D3B111DE80E09959A9407E24?contextData=(sc.Search)&rank=1&originationContext=Search+Result&navigationPath=Search%2Fv3%2Fsearch%2Fresults%2Fnavigation%2Fi0ad60056000001544eecb02d5a101f2b%3FstartIndex%3D1%26Nav%3DREGULATION_PUBLICVIEW%26contextData%3D(sc.Default)&list=REGULATION_PUBLICVIEW&transitionType=SearchItem&listSource=Search&viewType=FullText&t_T2=1418&t_S1=CA+ADC+s



2.8 NEGOTIATIONSThe State of California reserves the right to negotiate. Should it be determined that it is in the State’s best interest, the State will conduct negotiations under PCC §6611. The purpose of the negotiation process is to maximize the State’s ability to obtain a best value solution, based on the requirements and the evaluation factors set forth in the solicitation.

3 ADMINISTRATIVE REQUIREMENTS[INSTRUCTIONS: All sections of the solicitation identified as “(IF APPLICABLE)” may be edited as deemed necessary by the Agency/state entity. If a section does not apply, remove the entire non applicable section in its entirety. If a section is applicable, remove the “(IF APPLICABLE)” from the section title.

Section 3 contains the mandatory administrative requirements that must be met in order to be considered responsive to this solicitation.

Unless designated otherwise, all of the requirements in this section are mandatory. The documents that must be submitted with the bidder’s Final Proposal are noted as “Mandatory” or “(M)” in this section.

Additionally, Section 3 contains optional requirements noted as “Optional” or “(O)” that may require documents to be submitted with the bidder’s proposal. The administrative requirements listed in this section are denoted as follows:

1. (M) – All sections labeled as “Mandatory” or “M” are not negotiable. To be considered responsive and responsible to these requirements, all requirements identified as (M) must be responded to. A “fail” in a mandatory section will result in a proposal being deemed non-responsive and, therefore, will be disqualified. Failure to respond to any mandatory requirements shall result in disqualification of the proposal. The responses will be evaluated in accordance with Section 7, Evaluation.

2. (O) – All sections labeled as “Optional” or “O” are not required to be offered by the bidder in order to be compliant to the solicitation requirements. A bidder may choose whether to meet administrative requirements labeled as (O) such as those relating to preference points. However, if a bidder offers any of these (O) requirements, the bidder must meet the minimum requirements as stated in the section. The State will review responses to optional requirements and apply points, if applicable, per criteria stated in Section 7, Evaluation.

3.1 ABILITY TO PERFORMPrior to award of the Contract, the State must be assured that the bidder selected has all of the resources to successfully perform under the Contract. This includes, but is not


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http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=6611.



limited to, personnel in the numbers and with the skills required; equipment of appropriate type and in sufficient quantity; financial resources sufficient to complete performance under the Contract; and experience in similar endeavors. If, during the evaluation process, the State is unable to assure itself of the bidder’s ability to perform under the Contract if awarded, the State has the option of requesting from the bidder any information that the State deems necessary to determine the bidder’s responsibility. If such information is required, the bidder will be so notified and will be permitted five (5) state business days to submit the information requested in writing. Examples of the type of financial responsibility information requested may include annual reports and current audited balance sheets for the bidder’s firm.

3.2 PRIMARY BIDDERAn award, if made, will be to a primary bidder. The awarded primary bidder will be responsible for successful performance of all subcontractors and support services offered in response to this solicitation. All State policies, guidelines, and requirements that apply to the primary bidder also apply to subcontractors, as applicable to the products and services they provide and to their role as a subcontractor. Furthermore, the State will consider the primary bidder to be the sole point of contact regarding contractual matters for the term of the resulting Contract. The bidder shall not assign financial documents to a third-party without prior written approval by the State, and an amendment to the resulting Contract.

3.3 SUBCONTRACTORSIt is the bidder’s responsibility to ensure any subcontractor that the bidder chooses to use in fulfilling the requirements of this solicitation, and which is expected to receive more than ten percent (10%) of the value of the Contract, also meets all administrative and bid requirements of the solicitation, as applicable to the services provided by the subcontractor.

Nothing contained in the resulting Contract shall create any relationship between the State and any subcontractors, and no subcontract shall relieve the bidder of its responsibilities and obligations. The bidder is fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them.

The Contractor shall not change subcontractor(s) and/or DVBE subcontractor(s) if such changes conflict with the work to be performed under this Contract. For DVBE subcontractor changes, the Contractor shall utilize another DVBE subcontractor. The State recognizes that changes to subcontractor(s) may be necessary and in the best interests of the State, however, advance notification of a contemplated change and the reasons for such change must be made to the State no less than seven (7) business days prior to the existing subcontractor’s termination. If this should occur, the Contractor


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should be aware that the State Contract administrator or designee must approve any changes to the subcontractor(s) prior to the termination of the existing subcontractor(s). This also includes any changes made between submittal of the Final Proposal and actual start of the Contract.

The State will not compensate the Contractor for any of the Contractor’s time or effort to educate or otherwise make the new subcontractor(s) ready to begin work on the contract.

The bidder’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to pay or to enforce the payment of any money to any subcontractor. Contractor is solely responsible for any payments to or claims made by subcontractors.

3.3.1 BIDDER DECLARATION FORM (M)The bidder must complete and submit Exhibit 5: Bidder Declaration GSPD-05-105, with its Final Proposal. When completing the declaration, the bidder must identify all subcontractors proposed for participation in the Contract. The bidder awarded the Contract is contractually obligated to use the subcontractors for the corresponding work identified, unless the Agency/state entity agrees to a substitution and it is incorporated, in writing. If the bidder is not using subcontractors, the bidder must still complete Exhibit 5 answering the applicable questions on the form, and submit it with its Final Proposal. The form is available at:

www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf

3.4 AMENDMENTAny Contract executed as a result of this solicitation may be amended consistent with the terms and conditions of the Contract and by mutual consent of both parties, subject to approval by the Statewide Technology Procurement under PCC §12100.

3.5 FINANCIAL RESPONSIBILITY INFORMATION

3.5.1 FINANCIAL STABILITYIn order to minimize the potential risk of default due to financial issues, the State reserves the right to request additional documentation throughout the life of the awarded Contract.

The State must be assured that the bidder continues to have the financial resources to sustain its operations during system development and implementation phases including the time required for the State to pay the Contractor after system acceptance.


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http://www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf



3.5.2 FINANCIAL STATEMENTS (M) (IF APPLICABLE)[INSTRUCTIONS: Section 3.5.2 Financial Statements should only be included in the solicitation if bidders are required to submit financial statements with its Final Proposal AND the Agency/state entity is evaluating the financial statements. The Agency/state entity can only use this requirement when the Agency/state entity:1. Has the expertise or is hiring a financial expert to evaluate this requirement; and 2. Includes evaluation criteria in Section 7, Evaluation for each of the items below. The

criteria MUST describe how the Agency/state entity is evaluating the bidder’s submitted financial information to determine that the bidder is responsive and responsible to the solicitation requirements; and

3. The Agency/state entity must clearly identify what the bidder is required to submit with their Final Proposal submittal for the items below.]

The bidder must provide financial statements giving the State enough information to determine financial stability. These statements may include, but are not limited to:

1. Financial Statement, Annual Report, or Form 10-K for the last three (3) years.2. Statement of income and related earnings.3. Statement of Changes in financial position.4. Letter from the bidder's banking institution.5. Statement from certified public accounting firm.

If the information submitted by the bidder, or available from other sources, is insufficient to satisfy the State as to the bidder's contractual responsibility, the State may request additional information from other sources or reject the bid. The State's determination of the bidder's responsibility, for the purposes of this solicitation, shall be final.

NOTE: If any of the submitted information is identified by the bidder as confidential, it shall be treated as such by the State and returned upon request after the bidder's responsibility has been determined.

3.5.3 RESPONSIBILITY CERTIFICATION (M)[INSTRUCTIONS: The information obtained from the bidder’s response to this section should be discussed during confidential discussions. Depending on the risks and complexity of the project, any disparaging information provided by the bidder must be discussed with Agency/state entity and CDT STP’s legal staff to determine how the State will move forward with the solicitation.]

The bidder must certify in writing, to the best of its knowledge and belief that the bidder, the bidder’s subcontractor(s) or any personnel related to the Contract to be awarded are not presently debarred, suspended, proposed for debarment or declared ineligible for


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the award of Contracts by any state or federal agency. The bidder must submit its certification as Exhibit 24: Responsibility Certification with its Final Proposal.

The bidder shall be deemed non-responsive if certification is not submitted with its Final Proposal, as specified in this section.

3.6 GENERAL PROVISIONSThe bidder is advised that deviations from the State approved Terms and Conditions may be the basis for rejection of the bidder’s proposal.

[INSTRUCTIONS: All General Provision carve outs and non-carve outs must be clear and understandable.

Note: Any modifications to the General Provisions, including carve outs and non-carve outs, must be approved by the CDT STP Assistant Deputy Director and CDT Legal Division. Furthermore, any changes to the GSPD – 401IT, General Provisions – Information Technology (carve outs and non-carve outs) must be listed in the STD 213 by the modified GSPD – 401IT, General Provisions – Information Technology paragraph number (for non-carve outs) and the specific SOW paragraph section (number) modified forthwith (for carve-outs).]

3.6.1 GENERAL PROVISIONS – INFORMATION TECHNOLOGY (GSPD-401IT-09/05/2014)

The Contract awarded as a result of this solicitation shall automatically incorporate by reference the GSPD – 401IT, General Provisions – Information Technology, which can be found at the following URL:

http://www.documents.dgs.ca.gov/pd/poliproc/gspd401it14_0905.pdf

3.6.2 CLOUD COMPUTING SERVICES SPECIAL PROVISIONSIf the bidder’s solution includes commercial Software as a Service (SaaS) as part of the solution, the Contract awarded as a result of this solicitation shall automatically incorporate by reference the “State Model: Cloud Computing Services Special Provisions for Software as a Service (SaaS),” which can be found at the following URL:


[INSTRUCTIONS: Agency/state entity must include these special provisions on the face of the STD 213.]

3.7 COMMERCIAL GENERAL LIABILITY


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http://www.documents.dgs.ca.gov/pd/poliproc/gspd401it14_0905.pdf



[INSTRUCTIONS: The Commercial General Liability is a typical requirement. This is the minimum requirement that should be included in all solicitations. The insurance requirements should be included as applicable to the project. Other types of insurance requirements include: Automobile Liability, Aircraft Liability, Pollution Liability, Professional Liability, Builder’s Risk/Installation Floater, and Fidelity Bond/Crime Insurance. See site below containing the insurance requirements and the text that must be used for contracts. Contact the Department of General Services (DGS), Office of Risk and Insurance Management (ORIM) for a detailed analysis. http://www.dgs.ca.gov/orim/programs/insurance/contractlanguage.aspx ]

The Contractor shall maintain general liability with limits of not less than [minimum amount is $1,000,000] {$1,000,000} per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises, operations, independent Contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured Contract. This insurance shall apply separately to each insured against whom a claim is made or suit is brought subject to the Contractor’s limit of liability.

The policy must include the State of California, its officers, agents, employees and servants as an additional insured, but only insofar as the operations under the Contract are concerned.

In accordance to GSPD-401IT 09/05/2014, Provision 20, Insurance, the Contractor must furnish insurance certificate(s) evidencing required insurance coverage acceptable to the State, including endorsements showing the State as an “additional insured” if required under the Contract. Any required endorsements requested by the State must be separately provided; merely referring to such coverage on the certificates(s) is insufficient for this purpose. When performing work on state owned or controlled property, Contractor shall provide a waiver of subrogation in favor of the State for its workers’ compensation policy.

The prime Contractor shall agree to furnish the State satisfactory evidence of insurance within ten (10) calendar days of Contract award.

3.8 WORKERS' COMPENSATION/EMPLOYER'S LIABILITY (M)[INSTRUCTIONS: This is a typical requirement. If the Contractor has employees, workers' compensation coverage is mandatory. If the Contractor will be using the employees on the project, workers' compensation/employer's liability language should be required in the Contract.]

The Prime Contractor shall maintain statutory workers' compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Contract, including special coverage extensions where applicable. Employer's liability


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http://www.dgs.ca.gov/orim/programs/insurance/contractlanguage.aspx



limits of $1,000,000 shall be required. The bidder is required to sign Exhibit 7: Workers’ Compensation Certification and submit it with its Final Proposal.

3.9 ADMINISTRATIVE REQUIREMENTS DOCUMENT (M)The bidder must indicate its willingness and ability to satisfy these requirements by marking “Yes” on the “Bidder Agrees Yes/No” column on Exhibit 4: Response to Administrative Requirements. Answering “No” to any of the mandatory administrative requirements or not submitting the required documents with its Final Proposal will result in the proposal being deemed non-responsive.

3.10 COVER LETTER (M)The bidder must submit a cover letter containing the following:

On company letterhead. Include the legal name of the bidder’s company. Include the address of the bidder’s company.

The body of the cover letter must include the following: A statement the proposal response is the bidder’s binding offer, good for {120 –

180} calendar days from scheduled Contract award date, as noted in Section 2.3, Key Action Dates.

A statement indicating the bidder agrees to the terms and conditions of this solicitation and accepts responsibility as the prime Contractor if awarded the Contract resulting from this solicitation.

A statement indicating the bidder has available staff with the appropriate skills to complete the Contract for all services and provide all deliverables as described in this solicitation and SOW.

Be signed by an individual who is authorized to bind the bidding firm contractually. The individual’s name must also be typed, and include the title or position that the individual holds in the firm. An unsigned cover letter in the bidder’s Final Proposal may deem a bidder non-responsive and may be the basis for rejection of the bidder’s Final Proposal.

The email and phone number of the person signing the letter. The date signed.

3.11 STD 213, STANDARD AGREEMENT SAMPLEThe STD 213, Standard Agreement form, Exhibit 1. Once contract award is complete, the State will enter all required information prior to moving forward to the signature process step. The bidder, will be contacted to designate the name and title of the party


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authorized to bind the bidder contractually. The State will send the completed finalized STD 213, Standard Agreement, to the bidder for signing and return to the State for signature and approval.

3.12 STATEMENT OF WORK (M)Appendix A: Statement of Work (SOW) identifies and describes the tasks and responsibilities of the Contractor and the responsibilities of the State during the term of the Contract. The bidder must submit Appendix A: SOW with its Final Proposal.

The bidder is advised that deviations to the SOW may be the basis for rejection of the bidder’s Final Proposal. Refer to Part 2, Bidder Response, Appendix A: Statement of Work.

3.13 CONFIDENTIALITY STATEMENT (M)[INSTRUCTIONS: The Agency/state entity should provide a copy of the confidentiality statement that the bidder’s personnel will be expected to sign. Include the statement in Part 2 of the solicitation template.]

The bidder must agree to the State’s confidentiality requirements by submitting a signed Exhibit 3: Confidentiality Statement, for the bidder’s company. The completed confidentiality statement must be submitted with Exhibit 2: Intent to Bid, as indicated in Section 2.3, Key Action Dates.2

The bidder engaging in services pertaining to this solicitation, requiring contact with confidential State information or State customer information will be required to exercise security precautions for all such data that is made available and must accept full legal responsibility for the protection of this confidential information. This includes all statistical, personal, technical, and/or other confidential personal data and information relating to the State’s operations that are designated confidential by the State.

The bidder will also be required, upon Contract award, to submit a signed confidentiality statement from all personnel, agents, and subcontractors assigned to the awarded Contract.

3.14 SECRETARY OF STATE CERTIFICATION (M)If required by law, the Prime Contractor must submit a certificate of status from the California Secretary of State, showing that the Prime Contractor is certified with the California Secretary of State to do business in the State of California. If the bidder does not currently have this certification, the firm must be certified before a Contract award

2 Exhibit 3: Confidentiality Statement must be included in the Final proposal and/or prior to Bidder’s access to the Bidders’ Library.


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can be made, and must provide information in the Final Proposal to support the status of its application to be certified to do business in the State of California.

Domestic and foreign corporations, Limited Liability Companies (LLCs), Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded the Contract. The California Secretary of State Certificate of Status must be included with the proposal. The required document(s) may be obtained through the California Secretary of State, Certification and Records Unit at (916) 657-5448 or through the following website: http://kepler.sos.ca.gov/. The bidder must complete and submit the required documentation as Exhibit 6: Secretary of State Certification, with its Final Proposal.

3.15 SELLER’S PERMIT (M) (IF APPLICABLE)This proposal is subject to all requirements set forth in §6452, §6487, §7101 and §18510 of the Revenue and Taxation Code §10295 of the Public Contract Code, requiring the bidder to provide a copy of its retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization. The bidder must complete and submit its documentation as Exhibit 8: Seller’s Permit Certification, with their Final Proposal. For more information on seller’s permit or certification of registration, refer to the following links:

http://boe.ca.gov/pdf/pub73.pdf and http://boe.ca.gov/.

3.16 PAYEE DATA RECORD (STD 204) (M)The Payee Data Record (STD.204) indicates the bidder is subject to state income tax withholdings pursuant to California Revenue and Taxation Code §18662.

The bidder must complete and submit the Payee Data Record (STD 204) with its Final Proposal as Exhibit 9. The bidder must provide the company’s Federal Employer Identification Number (Business IRS Number) on this form. The form can be located at the following website:

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

3.17 IRAN CONTRACTING ACT OF 2010 (M)Division 2, Part 1, Chapter 2.7 of the PCC is the Iran Contracting Act of 2010. This Act §2203 requires that no one shall submit a proposal for a Contract, or enter into or renew a contract, with a public entity for goods or services valued at $1,000,000 or more if that person (i.e., bidder or contractor) engages in investment activities of $20,000,000 or more as described in PCC §2202.5 pursuant to all provisions of the Iran Contracting Act of 2010. The Iran Contracting Act of 2010, at §2204 requires bidders to certify at the


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

http://boe.ca.gov/

http://boe.ca.gov/pdf/pub73.pdf

http://kepler.sos.ca.gov/



time the proposal is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of PCC §2203 as a person engaging in investment activities in Iran described in subdivision (a) of PCC §2202.5, or as a person described in subdivision (b) of PCC §2202.5, as applicable.

The bidder must complete and submit Exhibit 10: Iran Contracting Act of 2010, with its Final Proposal, and, if the bidder is selected, again each time their awarded contract is renewed.

3.18 CALIFORNIA CIVIL RIGHTS LAWS (M)For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

The bidder must complete and submit Exhibit 11: California Civil Rights Laws Certification, with its Final Proposal, and, if the bidder is selected, again each time their awarded contract is renewed.

3.19 BONDS AND OTHER SECURITY DOCUMENTS (M) [INSTRUCTIONS: The Agencies/state entities are to rate the individual characteristics of the project in accordance with the complexity assessment toolkit outlined in SIMM 45C and 45D. An overall rating of high, medium or low should then be assigned to the entire solicitation for establishing the contract bond amounts as outlined in SCM Volume 3, Chapter 4, Section 4.B2.13.

There are different kinds of bonds used for different purposes during the bid process.

The list of bond documents are:

1a Letter of Bondability

1b Bidders Bond

2a Letter guaranteeing issuance of a Certificate of Deposit

2b Certificate of Deposit

3a Letter guaranteeing issuance of an Irrevocable Letter of Credit

3b Irrevocable Letter of Credit


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[NOTE: see definitions below Table 3-1.]

[The following text is required if the State requires a bidder to submit a bond/financial security document in response to the solicitation. If no bond/financial security document is required by the State, the State must document such decision in Table 3-1 below.]

The bidder must submit as Exhibit 12: Bond and Other Security Documents, with its Final Proposal as described below in Table 3-1 {1a, 2a, or 3a}. A Final Proposal submitted without the required documents will be considered non-responsive and will be the basis for rejection of the bidder’s proposal. For this requirement, the length of time for surety consideration shall be {number} years. [Specify the length of Contract in number of years through warranty/maintenance]

[INSTRUCTIONS: Agency/state entity must identify the appropriate risk mitigation strategy based on the bond documents listed below and remove the items and the definitions that do not apply from Table 3-1.

It is advised that the Agency/state entity discuss the requirements during confidential discussions and reiterate the applicable requirements defined in Table 3-1 below.

Table 3-1: Bond Requirements Table

Item

Financial Protection for Guarantee of Performance (Bid

process)

Required at Final Proposal Submittal

{If submitted at Final Proposal Submittal} Item

Surety Bond and Letter of Credit and Other Forms of Guarantee (at

Intent to Award stage)

Required within 21 days after Contract Award and Aligns with

Performance Start Date{Then corresponding document is

required for Contract}{1a} {Letter of Bondability} {1b} {Bidder’s Bond}

{2a} {Letter of Certificate of Deposit} {2b} {Certificate of Deposit}

{3a} {Letter for Irrevocable Letter of Credit}

{3b} {Irrevocable Letter of Credit}

Definitions:

1a Letter of Bondability (Required at Final Proposal Submittal)


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The Letter of Bondability shall be from an admitted surety insurer which states the surety unconditionally offers to guarantee to the extent of {fifty percent (50%) of the contract price for service contracts, or twenty-five percent (25%) for all other contracting as identified in the solicitation, or specify $$$$ amount here} the bidder’s performance in all respects of the terms and conditions and provisions of the agreement, and that within 21 calendar days of contract execution, the surety will execute the Performance Bond or Bidder’s Bond requirement.

1b Bidder’s Bond (Required within 21 Calendar Days of Contract Execution)A Bidders Bond executed by an admitted surety insurer, made payable to CDT, [or specify delegated Agency/state entity name] State of California, guaranteeing the Bidder’s performance in all respects of the terms, conditions, and provisions of the Contract commencing on the effective start date. The security shall be in an amount of {fifty percent (50%) of the Contract price for service Contracts, or twenty-five percent (25%) for all other contracting as identified in the solicitation, or specify $$$$ amount here}.

2a Letter of a Certificate of Deposit (Required at Final Proposal Submittal)The letter, guaranteeing issuance of a Certificate of Deposit, shall be from a bank doing business in this State, and shall be insured by the Federal Deposit Insurance Corporation (FDIC) and shall state that, if the Bidder is successful, a Certificate of Deposit in the amount of {fifty percent (50%) of the Contract price for service Contracts, or twenty-five percent (25%) for all other contracting as identified in the solicitation, or specify $$$$ amount here} will be furnished to the State within 21 calendar days of Contract execution.

2b Certificate of Deposit (Required within 21 Calendar Days of Contract Execution)

The Bidder shall furnish to the Deputy Director of CDT STP, [or specify delegated Agency/state entity name] at no cost to the State, a Certificate of Deposit. The Certificate of Deposit shall be a Security Deposit Time Certificate of Deposit from a bank insured by the FDIC, in the amount of {fifty percent (50%) of the Contract price for service Contracts, or twenty-five percent (25%) for all other contracting as identified in the solicitation, or specify $$$$ amount here}, made payable to CDT. The certificate of deposit shall be automatically renewable during the Contract period and remain in effect until Contractor’s satisfactory compliance with the terms of the Contract has been completed.

3a Letter of Irrevocable Letter of Credit (Required at Final Proposal Submittal)The letter, guaranteeing issuance of an Irrevocable Letter of Credit, shall be from a bank doing business in this State, and shall be insured by the FDIC and shall state that if the Bidder is successful, an Irrevocable Letter of Credit, as appropriate, in the amount


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of {fifty percent (50%) of the Contract price for service Contracts, or twenty-five percent (25%) for all other contracting as identified in the solicitation, or specify $$$$ amount here} will be furnished to the State within 21 calendar days of Contract execution.

3b Irrevocable Letter of Credit (Required within 21 Calendar Days of Contract Execution)

The Bidder shall furnish to the Deputy Director of CDT STP, [or specify delegated Agency/state entity name] at no cost to the State, an Irrevocable Letter of Credit in the amount of {specify {fifty percent (50%) of the Contract price for service Contracts, or twenty-five percent (25%) for all other contracting as identified in the solicitation, or specify $$$$ amount here}. The Irrevocable Letter of Credit must be insured by a bank doing business in this State and insured by the FDIC. The State of California, CDT [or specify delegated Agency/state entity name] shall be identified as the beneficiary.

The Irrevocable Letter of Credit shall further provide for honor of a draft or demand for payment presented with the State’s written statement signed by the Deputy Director of CDT STP certifying that there has been loss, damage or liability resulting from the Contractor’s performance or nonperformance of duties and obligations under the Contract, or from the negligence or act of omission by the Contractor or its agents, servants, and employees, and that the amount of the demand or draft is, therefore, now due and payable.

Because the security represented by the letter of credit must remain in effect until the Contractor’s satisfactory completion of the Contract requirements, the Contractor, by offering the letter of credit, agrees to amend, if necessary, the Irrevocable Letter of Credit for the purpose of extending the expiration date.

3.20 SOCIOECONOMIC PROGRAMS[Agency/state entity should refer to the link below and the Broadcast Bulletins # P-18-15 and # P-19-15 on DGS’ website for additional information. http://www.documents.dgs.ca.gov/pd/smallbus/CUF/DVBEIncentiveRequireGoodIT.pdf]

3.20.1 BIDDER’S PREFERENCE AND INCENTIVE DECLARATION (M)The Bidder must complete and submit Exhibit 14: Bidding Preference and Incentives, with its proposal. The Bidder must indicate on Exhibit 14 whether it is or is not claiming each preference and/or incentive. Refer to Section 7, Evaluation, for details on the amount and application of preference and incentive points during proposal evaluation.

3.20.2 DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAMThe Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts are established in Public Contract Code (PCC), §10115 et seq., Military and


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http://www.documents.dgs.ca.gov/pd/smallbus/CUF/DVBEIncentiveRequireGoodIT.pdf



Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq.

Information regarding the DVBE Program Requirements may be viewed at:


The Bidder who has been certified by California as a DVBE (or who has obtained the participation of subcontractors certified by California as a DVBE) must submit a completed form(s) STD.843 Disabled Veteran Business Declarations for each DVBE. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign a form for each DVBE and submit as Exhibit 13: DVBE Declarations. The form is available at:

www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

The Office of Small Business and DVBE Services offer program information and may be reached at:

Office of Small Business and DVBE Services707 Third Street, 1st Floor, Room 400West Sacramento, CA 95606http://www.dgs.ca.gov/pd/Programs/OSDS.aspx Receptionist: (916) 375-4940 Fax (916) 375-4650

[Delete the capitalized paragraph below, if the DVBE Participation Requirement has been waived:]

PLEASE READ THESE REQUIREMENTS CAREFULLY. FAILURE TO COMPLY WITH THE MINIMUM DVBE PARTICIPATION REQUIREMENT WILL CAUSE YOUR SOLICITATION RESPONSE TO BE DEEMED NONRESPONSIVE AND YOUR FIRM INELIGIBLE FOR AWARD OF THE PROPOSED CONTRACT.

3.20.2.1 DVBE Participation Requirement (M)

[INSTRUCTIONS: If the DVBE program participation requirement has been waived, the DVBE Incentive may still be applicable. See SCM 4.B2.8 for the conditions of waiver. Add the sentence below if the DVBE Participation Requirement has been waive]

For the purposes of this solicitation, the DVBE Participation Requirement has been waived.The Bidder must fully comply with DVBE Participation Program requirements in the draft proposal and Final Proposal. Failure to submit a complete response with the Bidder’s Final Proposal may deem the Bidder non-responsive and may be the basis for rejection of the Bidder’s proposal. The Bidder’s response must include a minimum DVBE


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http://www.dgs.ca.gov/pd/Programs/OSDS.aspx

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf




participation goal of three percent (3%) of the Bidder’s net proposal price with one (1) or more DVBE.

The Bidder must complete the Bidder Declaration GSPD-05-105 form and submit as Exhibit 5: Bidder Declaration GSPD 05-105, with Final Proposal. This form and completion instructions is available at:

http://www.documents.dgs.ca.gov/pd/poliproc/master-biddeclar08-09.pdf

3.20.2.2 DVBE Incentive (O)

[INSTRUCTIONS: If the Agency/state entity has waived the DVBE Participation requirement, this section must be revised to reflect the incentive that will be offered to the Bidders. If the DVBE Requirement is waived, the incentive preference may have a lower threshold than the 3% that is stated below.]

In accordance with Military and Veterans Code §999.5(a), an incentive will be given to all Bidders who exceed the three percent (3%) DVBE mandatory participation. For Contract award evaluation purposes only, the State shall apply the incentive amount based on the amount of DVBE participation obtained above the three percent (3%) requirement. The incentive is only given to those Bidders who are responsive to the DVBE program requirement and propose DVBE participation in the resulting Contract that exceeds the mandatory three percent (3%) requirement. If the Bidder is claiming a DVBE incentive, the Bidder must complete the Bidder Declaration GSPD-05-105 form as Exhibit 5, the DVBE Declaration (STD 843) for each DVBE as Exhibit 13, and Exhibit 14: Bidding Preferences and Incentives, and submit with its Final Proposal. If the Bidder is not using subcontractors, the Bidder is still required to complete Exhibit 5: Bidder Declaration GSPD-05-105 form, answering the applicable questions on the form and submit with Final Proposal. See Section 7, Evaluation, for details on the amount and application of the incentive during proposal evaluation.

The GSPD-05-105 form and its completion instructions are available at:


3.20.3 SMALL BUSINESS PREFERENCE (O)§14835 et seq. of the California Government Code requires that a five percent (5%) preference be given to Bidders who qualify as a small business The rules and regulations of this law, including the definition of a small business, or qualifying non-small business, are contained in Title 2, California Code of Regulations, §1896 et seq. The definition of nonprofit veteran service agencies qualifying as a small business is contained in §999.50 et seq. of the Military and Veterans Code. The Bidder must complete and submit Exhibit 14: Bidding Preferences and Incentives, and the Bidder Declaration GSPD-05-105 form and submit as Exhibit 5: Bidder Declaration GSPD-05-105, with Final Proposal. If the Bidder is not using subcontractors, the Bidder must


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complete the Bidder Declaration GSPD-05-105 form answering the applicable questions on the form and submit it as Exhibit 5: Bidder Declaration GSPD-05-105, with Final Proposal. More information regarding the Small Business Preference may be found at:

www.dgs.ca.gov/pd/Programs/OSDS.aspx

3.20.4 NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE (O)A five percent (5%) proposal preference is available to Bidders who qualify as a non-small business claiming at least 25 percent (25%) California-certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the Bidder’s response must include a list of the small businesses with which the firm commits to subcontract in an amount of at least 25 percent (25%) of the net proposal price with one (1) 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 §14838(b)(1)(2).

Bidders claiming the five percent (5%) preference must commit to subcontract at least 25 percent (25%) of the net proposal price with one (1) or more California-certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5 p.m. of 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 percent (25%) of its net proposal price shall be given five percent (5%) of the highest responsive, responsible firm’s total score. A non-small business that qualifies for this preference, may not take an award away from a certified small business.

If claiming a small business preference or using small business subcontractors, the Bidder must complete the Bidder Declaration GSPD-05-105 form and submit as Exhibit 5: Bidder Declaration GSPD-05-105, and Exhibit 14: Bidding Preferences and Incentives and submit with Final Proposal. If the Bidder is not using subcontractors, the Bidder must complete the Bidder Declaration GSPD-05-105 answering the applicable questions on the form and submit as Exhibit 5: Bidder Declaration GSPD-05-105 with Final Proposal.

3.20.5 COMMERCIALLY USEFUL FUNCTION (M)All certified small business, micro business, and/or DVBE Contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code Section 14837 (for SB), Military and Veterans Code Section 999 (for DVBE), and Title II California Code of Regulations, Section 1896.4 and 1896.62.


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http://www.dgs.ca.gov/pd/Programs/OSDS.aspx



A Contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the Contractor’s, subcontractor(s), or supplier’s role is limited to that of an extra participant in the transaction, the awarded Contract, or project through which funds are passed to obtain the appearance of small business or micro business participation.

The Bidder must complete Exhibit 15: Commercially Useful Function (CUF) Certification for each Small Business and/or DVBE (prime and/or subcontractor(s)). All Bidders and subcontractors identified in the proposal response to fulfill the requirements for one (1) or more of the socio-economic programs (DVBE and small business) must perform a commercially useful function (CUF) in the resulting Contract. CUF is defined pursuant to Military and Veterans Code §999(b)(5)(B) and Government Code §14837(d)(4)(A) for the DVBE and small business programs, respectively.

Bidders claiming one (1) or more of the socio-economic programs must complete the Bidder Declaration GSPD-05-105 form and submit as Exhibit 5: Bidder Declaration GSPD-05-105, with its Final Proposal. If the Bidder is not using subcontractors, the Bidder must complete the Bidder Declaration GSPD-05-105 form answering the applicable questions on the form, and submit it as Exhibit 5: Bidder Declaration GSPD-05-105 and submit with Final Proposal. The Bidder Declaration GSPD-05-105 is available at:

www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf.

Bidder(s) may be required to submit additional written clarifying information regarding CUF on Exhibit 15: Commercially Useful Function Certification. Failure to submit the requested written information as specified may be the basis for rejection of the bidder’s Final Proposal.

3.20.6 TARGET AREA CONTRACT PREFERENCE ACT (TACPA) (O) [The Department of General Services (DGS), Procurement Division’s (PD), Dispute Resolution Unit (DRU) will process all TACPA site evaluations per Bulletin #: P-14-15. Refer to DGS’ website at http://tacpa.dgs.ca.gov/ for more information and/or any additional forms that must be included in the solicitation i.e. DGS/PD 525, MANUFACTURER’S SUMMARY of Contract Activities and Labor Hours.]

INSTRUCTIONS: The TACPA preference must be included in the IFB/RFP except when the worksite is fixed by the terms of the contract (GC 4533). If the TACPA preference does not apply, the solicitation does not need to include the preference, however it must be stated that it is not applicable and why.

Departments shall include language that identifies to bidders that the TACPA preference is applicable to the competitive solicitation. In accordance with SCM 3.9.2, TACPA Solicitation Language, recommended solicitation language is as follows:]


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http://tacpa.dgs.ca.gov/

http://www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf



Target Area Contract Preference Act (TACPA) will be granted to California-based firms in accordance with Government Code §4530 whenever contracts for goods or services are in excess of $100,000 and the Bidder meets certain requirements as defined in the California Administrative Code (Title 2, §1896.30 et seq.) regarding labor needed to produce the goods or provide the services being procured. The TACPA is optional on the part of the Bidder (not mandatory), is for proposal evaluation purposes only, and does not alter the amount of the awarded Contract.

Bidders wishing to take advantage of this preference will need to review the website below and submit the appropriate response forms as Exhibit 16: TACPA Preference Request Forms, with its Final Proposal.

The required applications/forms are as follows: TACPA (Std. 830) Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 525) Manufacturer Summary of Contract Activities and Labor Hours (DGS/PD 526).

http://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf

{The TACPA preference does not apply when the worksite is fixed by the terms of the Contract.}

3.21 PRODUCTIVE USE REQUIREMENTS [INSTRUCTIONS: The successful operation of a particular program will depend on reliable operation of the procured product and recognition that subsequent failure of the product could cause loss of revenues, extra expenditure of funds, and/or the idling of personnel. Clearly, it is necessary to minimize, at the time of procurement, the risk of failure of the product to be procured. The following requirements are to be used as indicated in all procurements for data processing, office automation, and telecommunication products.]

The productive use requirements protect the State from being an experimentalist for new equipment and software having no record of proven consistent performance. The State will only accept proven technology products.

The proposed solution must include only equipment and off-the-shelf software that is currently supported by its manufacturer for at least the time specified in Table 3-2, Productive Use Timeframes. No equipment and/or software may be proposed, specified, or employed if the manufacturer has announced an end to support. The productive use requirements defined in this section do not apply to any portion of the custom software developed for the State or to modifications to custom software that was developed for the State under this Contract prior to proposed submittal and throughout Contract duration.


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3.21.1 CUSTOMER IN-USE [INSTRUCTIONS: This requirement applies to procurements with a COTS or MOTS platform and is not applicable for design efforts.

Large procurements must not be divided into smaller procurements in order to avoid or reduce the time requirement for customer in-use. Once the appropriate language is selected from the table below to fit the procurement at hand, it may be reformatted into proper sentences.]

The State requires each equipment and software component proposed as part of an automated system adhere to the following:

1. Must have been installed and in productive use, in substantially the conformation bid;2. For a paying customer external to the Bidder’s organization; and3. For at least the number of months shown in Table 3-2 below and prior to the

{required date of installation or Final Proposal submission} [Agency/state entity to specify only one of the columns in red and delete the column that is not applicable].

Table 3-2: Productive Use TimeframesProduct Project Cost Installation Final

Proposal Submission

Category 1 - Critical SoftwareSoftware that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.

Less than $10,000 1 month 1 month

$10,000 up to $100,000 4 months 3 months

More than $100,000 8 months 6 months

Category 2 - All Information Technology Equipment and Non-critical Software.Information technology equipment is defined in SAM §4819.2.

Less than $10,000 1 month 1 month

$10,000 up to $100,000 4 months 3 months

More than $100,000 6 months 4 months

Design changes in required system control modules or in components critical to the processing requirements of the State's workload are also subject to the In-Use Requirement. Increases or decreases in numbers of components or minor alteration in


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equipment or minor modifications or updates to software to provide improvements or features, to correct errors, or to accommodate hardware changes may be exempt from the In-use requirement by CDT STP, if no changes in logic, architecture or design are involved.

3.21.2 CUSTOMER REFERENCES FOR PRODUCTIVE USE REQUIREMENTS (M) (IF APPLICABLE)

[INSTRUCTIONS: The number of references required by the Agency/state entity should be adequate to verify the claims of the Bidder in responding to the requirements. If this section is applicable, the Agency/state entity must develop evaluation criteria for this requirement in Section 7.)

The following is example language for the procurement of equipment and software:]

[Example Text:]

The purpose of the customer reference requirement is to provide the State the ability to verify the claims made in the proposal by the Bidder.

The Bidder must provide a list of customers who presently have the bid equipment and/or software installed and operating. If Section 3.21.1, Customer In-Use, is used, the list must include at least one (1) customer meeting that requirement. However, at least one customer reference must be included for each type of machine and feature bid that is subject to the requirements of that section (i.e., one customer having the specific CPU).

The State has the option to request from the Bidder supporting evidence of compliance to the customer in-use requirements. Supporting evidence could include, but is not necessarily limited to, one or more of the following:

Customer purchase order or Contract showing installation dates for subject equipment or software;

Acceptance document containing verification of installation by a paying customer; Customer invoice for subject equipment or software; Shipping invoice or bill of lading; Dated maintenance records; Sworn notarized statement from an officer of the bidding firm and/or a paying

customer; State visit to the site of a paying customer.

The State will not consider exceptions to productive use requirements for this solicitation.

[INSTRUCTIONS: The Agency/state entity must create evaluation criteria for this requirement and include it in Section 7, Evaluation.]


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3.21.3 HARDWARE/EQUIPMENT All equipment offered must be new and the latest model in current production. Used, shopworn, refurbished, demonstrator, prototype, or discontinued models are not acceptable.

3.22 PUBLIC WORKS REQUIREMENTS (M) (IF APPLICABLE)[INSTRUCTIONS: If not applicable, the Agency/state entity must also delete Exhibit 17.]

(APPLICABLE FOR INSTALLATIONS ONLY)

Proposals that require the Contractor to perform site modifications, wire or cable installation, alteration or improvement to building, modification to fire wall to complete wiring requirements, etc. must include the following Public Works Requirements (applicable to installation) language and corresponding exhibits in the solicitation document.

In accordance with the provisions of §1773 of the California Labor Code, the Contractor shall conform and stipulates to the general prevailing rate of wages, including employer benefits as defined in §1773.1 of the California Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment of materials purchased under the Contract.

Pursuant to §1770 of the California Labor Code, the Department of Industrial Relations has ascertained the general prevailing rate of wages in the county in which the work is to be done, to be as listed in the Department of Transportation booklet entitled General Prevailing Wage Rates. The booklet is required to be posted at the job site. Contact the Department of Industrial Relations, Prevailing Wage Unit at (415) 972-8628.

Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on STD 807 when the Contract involves public works expenditure (labor/installation costs) in excess of $5,000.00. Such bond shall be in a sum not less than one-half the Contract price for the public works portion of the labor/installation costs. Forms will be made available to the Contractor. See following link for form and information:

http://www.dgs.ca.gov/dgs/ProgramsServices/Forms/FMC/search/resultsNumber.aspx?number=807

[INSTRUCTIONS: Agency/state entity needs to add an exhibit for this form, if applicable to the solicitation.]

The Bidder must submit with Final Proposal a list of proposed subcontractors or indicate that none are to be used on Exhibit 17: List of Proposed Subcontractors (Public Works). The State reserves the right to approve or object to the use of proposed subcontractors on the list.


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The Bidder must certify that it is aware of the provisions of §3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and that it will comply with such provisions before commencing with the performance of work of this Contract. A Workers’ Compensation Certification, Exhibit 7, must be completed and submitted with an original signature with the Bidder’s Final Proposal.

3.22.1 LAWS TO BE OBSERVED

3.22.1.1 Labor

Pursuant to §1775 of the California Labor Code, the Contractor shall, as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid by the Contractor, or its subcontractor, less than the prevailing wage so stipulated; and in addition, the Contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly registered apprentices.

Pursuant to §1810-§1815 of the California Labor Code, inclusive, it is further agreed that the maximum hours a worker is to be employed is limited to eight (8) hours a day and forty (40) hours a week and the Contractor shall forfeit, as a penalty to the State, twenty-five dollars ($25) for each worker employed in the execution of the Contract for each calendar day during which a worker is required or permitted to labor more than eight (8) hours in any calendar day or more than forty (40) hours in any calendar week, in violation of §1810-§1815 of the California Labor Code, inclusive.

3.22.1.2 Travel and Subsistence Payments

The Contractor shall pay the travel and subsistence of each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with California Labor Code §1773.8.

3.22.1.3 Apprentices

Special attention is directed to §1777.5, §1777.6, and §1777.7 of the California Labor Code and Title 8, California Code of Regulations §200 et seq. Each Contractor and/or subcontractor must, prior to commencement of the public works Contract, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, CA, or one of its branch offices to ensure compliance and complete understanding of the law


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regarding apprentices and specifically the required rationale thereunder. Responsibility for compliance with this section lies with the Prime Contractor.

3.22.1.4 Payroll

The Contractor shall keep an accurate payroll record showing the name, address, social security account number, work classification and straight time and overtime hours worked by each employee. A certified copy of the employee’s payroll record shall be made available for inspection as specified in §1776 of the California Labor Code.

3.23 CONTRACTOR’S LICENSE (M) (IF APPLICABLE)Contractors and subcontractors performing cable and/or wiring installation work or structural modifications for the State are required to have the appropriate State Contractor’s license. The company submitting the proposal, as well as any subcontractors performing the work, must have the appropriate license(s). The license must be in the name of the company or the name of the “qualifying individual” of the company. Complete and submit Exhibit 18: Contractor’s License Information, with Final Proposal submittal.

The Bidder certifies under penalty of perjury, the accuracy of the representations made with regard to the Contractor’s license number, class, and expiration date.

The Contractor shall pay the rate of wages for regular, overtime, and holiday work plus employer payments for benefits generally prevailing in the locality in which the work is performed, for all crafts, classifications or types of workmen used on State premises at the point of delivery by the Contractor for the assembly and installation of material purchased under this Contract.

A Final Proposal that does not contain the information, or if the information is later proven false, may be rejected by the State.

4 BID REQUIREMENTS[INSTRUCTIONS: This section describes the bid requirements in which the Bidders must comply. The development of this section may be at varying levels of specification. However, it is essential that the level of detail be sufficient for the Bidder to know exactly what is required to be submitted and allows the Bidders the flexibility to propose original solutions that meet the State’s needs.

Section 4 contains the mandatory qualifications, functional and non-functional requirements pertaining to the required services that must be met in order to be considered responsive and responsible to this solicitation. In addition to meeting these requirements, the Bidder must adhere to the SOW as described in Appendix X of the solicitation.


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Unless designated otherwise, all of the requirements in this section are mandatory. The documents that must be submitted with the bidder’s Final Proposal are noted as Mandatory “(M)”, {Mandatory Scored “(MS)” or Mandatory Optional “(MO)”}.

{Additionally, Section 4 contains optional requirements noted as Desirable Scored “(DS)” or Optional “(O)” that may require documents to be submitted with Bidder’s proposal.}

[REQUIRED AND RECOMMENDED PARAGRAPHS

All solicitations are to contain the following paragraphs:]

The State has determined that it is best to define its own needs, desired operating objectives, and desired operating environment. The State will not tailor these needs to fit some solution a Bidder may have available; rather, the Bidder shall propose to meet the State’s needs as defined in this solicitation.

The Bidder qualifications and solution requirements listed in this section are denoted as follows:

[INSTRUCTIONS: The Agency/state entity must choose the applicable evaluation type or develop their own and delete those that do not apply. Agency/state entity must also establish the evaluation methodology and criteria in Section 7.]

[Example Text:]

1. (M) Sections labeled as “Mandatory” or “M” are not negotiable. To be considered responsive and responsible to these requirements, all requirements identified as (M) must be responded to. A “fail” will result in a proposal being deemed non-responsive and, therefore, will be disqualified. Failure to respond to any (M) requirements where indicated shall result in a “fail” and disqualification of the proposal.

2. (MS) Sections labeled as “Mandatory Scored” or “MS” are not negotiable. To be considered responsive and responsible to these requirements, all requirements identified as (MS) must be responded to. A “fail” will result in a proposal being deemed non-responsive and, therefore, will be disqualified. Failure to respond to any (MS) requirements where indicated shall result in a “fail” and disqualification of the proposal. The State’s evaluation team will review responses to (MS) requirements and apply points, if applicable, per criteria stated in Section 7, Evaluation.

3. (MO) Sections labeled as “Mandatory Optional” or “MO” are not negotiable. To be considered responsive and responsible to these requirements, all requirements identified as (MO) must be responded to. A “fail” will result in a proposal being deemed non-responsive and, therefore, will be disqualified. Failure to respond to any (MO) requirements where indicated shall result in a “fail” and disqualification of


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the proposal. It is at the State’s option/discretion on whether to utilize the option in the Contract.

4. (DS) Sections labeled as “Desirable Scored” are not required to be offered by the Bidder in order to be compliant with the solicitation requirements. The Bidder may choose whether to meet requirements labeled as (DS). However, if a Bidder offers any of these (DS) requirements, the Bidder must meet the minimum requirements as stated in the section. The State will review responses to (DS) requirements and apply points, if applicable, per criteria stated in Section 7, Evaluation.

4.1 QUALIFICATION REQUIREMENTS[INSTRUCTIONS: Agency/state entity must determine the Bidder’s and key staff’s Qualification Requirements. The purpose of the qualification requirements is to allow the State the ability to specify the experience and competencies necessary in to ensure the most qualified Bidder is selected. Each solicitation and its requirements are unique, so the qualifications (skills, experience, competencies, etc.) required should relate directly to the project goals and tie to the roles and responsibilities described in the SOW.

For example, if the project requires integration with several counties, then a qualification for the Bidder should be to have experience integrating with multiple counties, with “similar” size and “scope” and/or if the project requires data base training, then a key staff classification, as identified by the Agency/state entity, should be to have a minimum of “5” years’ experience “conducting data base training.

Because the Bidder/staff qualification requirements, reference requirements, evaluation methodology, and associated exhibits (including Instructions), are inter-connected it is imperative that the language in all of these areas correlate to each other as applicable.]

The requirement below is example text. This is not intended to be inclusive of all qualification requirements.

[Example Text:]

The Bidder is expected to have a proven record of success and be responsible for all aspects of the service, including any subcontractors and the project team/staff proposed.

The Bidder must meet the minimum Bidder Qualification and Staff Qualification Requirements. Failure to meet any of the minimum requirements shall result in a proposal being deemed non-responsive and therefore disqualified.


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4.1.1 BIDDER QUALIFICATIONS (M)The Bidder must complete and submit as part of the proposal response, Exhibit 19.1: Bidder Qualification Form, to confirm that the Bidder’s experience meets all the minimum requirements identified in Exhibit 19.1. It is incumbent upon the Bidder to provide enough detail in Final Proposal for the state to evaluate the Bidder’s ability to meet the requirements and perform the services as described in this solicitation.

The Bidder must provide information for a minimum of {three (3)} projects. A separate Exhibit 19.1: Bidder Qualification Form must be submitted for every project used to meet the minimum required experience. Any given project may meet multiple requirements, but at least {three (3)} projects and {not more than six (6) projects} must be provided to meet the requirements in Exhibit 19.1: Bidder Qualification Form. If more than {six (6)} Bidder Qualification Forms are submitted, only the {first six (6)} in the order presented in the proposal will be evaluated.

Experience must have occurred within five (5) years prior to the solicitation release date for all projects {and must have been completed in the United States of America.} Points will be awarded based on desirable experience in accordance with Section 7, Evaluation.

4.1.2 BIDDER REFERENCES (M OR MS)The bidder must complete and submit as part of Final Proposal, Exhibit 19.2: Bidder Reference Form, for each of the projects cited on the corresponding Exhibit 19.1: Bidder Qualification Form.

The purpose of the bidder reference requirement is to provide the State the ability to assess the bidder’s experience in providing similar or relevant services to other organizations through a satisfaction rating provided by the bidder’s previous project clients. The description of their projects must be detailed and comprehensive enough to permit the State to assess the similarity of those projects to the work anticipated for the Contract resulting from this solicitation.

[INSTRUCTIONS: Agency/state entity must determine the evaluation methodology for example - “References that are returned with an unsatisfactory rating will be cause for rejection of the proposal” or Agency/state entity may want to set minimum point threshold or average score to be considered responsible.

Agency/state entity must determine whether to include reference restrictions from within their Agency/state entity for example – “The department may not be used as a reference to satisfy this requirement”].

Exhibit 19.2: Bidder Reference Form, must be completed in its entirety, signed, and dated by a reference that performed a management or supervisory role on the reference project to be considered responsive. The Exhibit 19.2: Bidder Reference Form, must be


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returned to the Bidder for submission with Final Proposal. Photocopies may be accepted as long as the form, response, and signature are legible. No information corrections or changes may be made on the reference form by the Bidder. Forms with alterations or changes to the entered information may deem the Bidder non-responsive and may be the basis for rejecting the Bidder’s proposal.

References may be contacted to validate submitted responses based on customer satisfaction in accordance with Section 7, Evaluation. References must be external to a Bidder’s organization and corporate structure. Failure to provide verifiable references may cause the proposal to be rejected.

[INSTRUCTIONS: Consider the following supplemental language if the circumstance below is known in advance:]

[Example Text:]

If the reference is not allowed either legally or by company/organization policy to sign the reference form, the reference must type in its full name with a brief statement on the form outlining the reason they are not permitted to sign the States reference form. If needed, the State may contact either the Bidder and/or staff references to validate the reference submitted. The evaluation team will make two (2) attempts via phone and/or email to validate Bidder and/or staff experience using the information provided in the Bidder and/or staff reference forms, as applicable.

4.1.3 STAFF QUALIFICATIONS (M)[INSTRUCTIONS: Agency/state entity must determine the staff classifications required and must develop the specific qualification requirements for each staff classification. Each solicitation and its requirements are unique, so the qualifications (skills, experience, competencies, etc.) required should relate directly to the project goals and tie to the roles and responsibilities described in the SOW. For example; if the project requires training, then a Staff classification, as identified by the State, should be to have experience “conducting training”.

Because the Bidder/staff qualification requirements, reference requirements, evaluation methodology, and associated exhibits (including Instructions), are inter-connected it is imperative that the language in all of these areas correlate to each other as applicable.]

The requirement below is example text. This is not intended to be inclusive of all qualification requirements.]

The Bidder is fully responsible for all necessary staffing resources to successfully implement [insert name of application/software/system] within the agreed upon schedule {and to perform to the standards set forth in the SOW Service Level Agreement (SLA).} A minimum of {three (3)} Contractor key staff are required to fill the roles required in the SOW.


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The bidder must complete and submit as part of Final Proposal Exhibits 20.1 through XX.X: Staff Qualifications Forms. The Bidder must provide complete information to confirm that each of the {three (3)} proposed staff possess the experience and qualifications as specified for their project role described in Exhibits 20.1 through XX.X: Staff Qualification Forms. The Bidder {may cite as many projects as required} per proposed staff to meet the requirements. Each cited project for each staff must be submitted separately on Exhibits 20.1 through XX.X: Staff Qualification Forms. It is incumbent upon the Bidder to provide enough detail in the response for the State to evaluate the Bidder’s proposed staff’s ability to meet the requirements and perform the services as described in this solicitation.

The Bidder’s proposed staff must meet all of the mandatory minimum qualification requirements. All experience used to meet the minimum requirements must have occurred within the last {seven (7)} years prior to the solicitation release date, unless stated otherwise. The same resource may not be assigned to meet multiple roles. Points will be awarded to Bidders that meet the criteria set forth in the desirable experience qualifications as specified in Section 7, Evaluation.

The following key staff are required to perform the services as described in {Appendix A, SOW.} Additional Contractor staff may also be necessary, at no additional cost to the State, (for adherence to the implementation schedule and SLA): [reference the SOW, for the areas to list below. The list should include the core responsibilities at a high level. Project Manager, Operation, Monitoring, and Maintenance Business Analyst, Organizational Change Management Lead Developer, Help Desk support Training Coordinator, User and Technical Staff Training,

4.1.4 STAFF REFERENCES (M OR MS)[INSTRUCTIONS: Agency/state entity must determine the evaluation methodology (for example - “References that are returned with an unsatisfactory rating will be cause for rejection of the proposal”) or Agency/state entity may want to set minimum point threshold or average score to be considered responsible.

Agency/state entity must determine whether to include reference restrictions from within their Agency/state entity for example – “The department may not be used as a reference to satisfy this requirement”].

The bidder must complete and submit as part Final Proposal, Exhibits 20.2 through XX.X: Staff Reference Forms. The Bidder must submit a completed staff reference form for each project cited in Exhibits 20.1 through XX.X.

The purpose of the staff reference requirement is to provide the State the ability to assess the staff’s experience in providing similar or relevant services to other


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organizations through a satisfaction rating provided by the staff’s previous clients. The description of their projects must be detailed and comprehensive enough to permit the State to assess the similarity of those projects to the work anticipated for the Contract resulting from this solicitation. [Agency/state entity must determine whether to include reference restrictions from within their Agency/state entity for example – “The (enter Agency and/or state entity) may not be used to satisfy this requirement”].

References must complete all required information on the staff reference forms. Exhibits must be completed in its entirety, signed, and dated by the staff’s reference contact who performed a management or supervisory role on the referenced project to be considered responsive. Photocopies may be accepted as long as the form, response, and signature are legible. No information corrections or changes may be made on the staff reference forms. Forms with alterations or changes to the entered information may be rejected.

References may be contacted to verify staff’s experience qualification information submitted. References must be external to a Bidder’s organization and corporate structure. Failure to provide verifiable references may deem the Bidder non-responsive and may be the basis for rejection of the Bidder’s proposal.

[INSTRUCTIONS: Consider the following supplemental language if the circumstance below is known in advance:]

[Example Text:]

If the reference is not allowed either legally or by company/organization policy to sign the reference form, the reference must type in its full name with a brief statement on the form outlining the reason they are not permitted to sign the States reference form. If needed, the State may contact either the Bidder and/or staff references to validate the reference submitted. The evaluation team will make two (2) attempts via phone and/or email to validate Bidder and/or staff experience using the information provided in the Bidder and/or staff reference forms, as applicable.

4.1.4.1 Full-Time/Part-Time Month Equivalents Definition

For each experience requirement (marked by “x”) that is met or partially met on the referenced project, specify the number of full-time month equivalents experience that the Staff person accrued on the referenced project. For each period in which the Staff person performed work applicable to the claimed experience for a minimum of twenty (20) work days of a minimum total of 140 hours (the minimum required to represent working full-time), the Staff accrues one (1) full-time month equivalent experience. To calculate and report the full-time month equivalents experience for Staff who worked part-time (partial) on a referenced project, use the following calculation:

If the Staff worked half (½) time on a referenced project, experience should be pro-rated to one-half (½) or 0.5 month full-time month equivalent experience for each period in


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which the staff person worked a minimum of seventy (70) hours over twenty (20) State Business Days in a month.

For each experience requirement that the Staff’s work on a referenced project addresses, report the total number of full-time month equivalents’ experience the Staff’s work represents using the calculations as previously described in this section, which depend upon the time period (calendar period) during which the Staff worked on the referenced project and whether he/she worked on a full-time or some other basis.

4.2 SOLUTION REQUIREMENTSThis section contains the detailed functional and non-functional requirements pertaining to the proposed system that must be met in order to be considered responsive to this solicitation. In addition to meeting these requirements, the Bidder must adhere to the SOW as described in Appendix A of the solicitation.

[INSTRUCTIONS: CDT has adopted the Project Approval Lifecycle (PAL) to improve the quality, value and likelihood of success for IT projects undertaken by the State of California. When an Agency/state entity is developing requirements for proposal responses, the Agency/state entity must keep in mind that the solicitation must be consistent with the project approved lifecycle deliverables (stages 2 and 3).

Solution Requirements describe specific characteristics of the solution both in terms of functionality and quality of service. Solution requirements are sub-classified into functional requirements, non-functional requirements and project/Contract (transitional) requirements.

Each requirement or set of requirements should be clearly stated and include enough explanatory information so that the Bidders do not have to guess at the intended meaning.

Agency/state entity must develop the solution requirements; determine the applicable classification (Mandatory, Desirable Scored, Mandatory Optional, etc.); evaluation criteria; and weighted scores methodology. Agency/state entity should provide the requirement instructions in this section and direct the Bidder to the applicable attachments. See PAL Stage 3, Section 19C, Requirements Template Tool, to use for documenting the requirements.

4.2.1 FUNCTIONAL AND NON FUNCTIONAL REQUIREMENTS (M)[INSTRUCTIONS: The Agency/state entity may contact the CDT STP Procurement Official for examples. The examples provided in this section are types of proposal responses for Agency/state entity to consider.]

[Example Text:]


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The Bidder must complete the following exhibits and include each exhibit in its draft proposal and Final Proposal in accordance with Section 4, Bid Requirements and Section 6, Proposal/Bid Format and Submission Requirements.

1. Exhibit 21: Functional and Non Functional Requirements (M)

[Example Text:]

The Bidder must complete and submit as part of its Final Proposal, Exhibit 21: Functional and Non Functional Requirements. The Bidder must indicate compliance and confirmation to each of the requirements by marking “Yes” or “No” in the column labeled “Contractor Agrees to provide the Requirement Yes/No”. A blank or “NO” answer in either of these two (2) columns will be deemed non-responsive and will be the basis for rejection of the Bidder’s proposal. In addition to the compliance of each requirement, the Bidder must submit a narrative response, where indicated, describing how the Bidder will meet the requirement and identify the location of the narrative response to each requirement in the “Bid document and page number” column provided. It is incumbent on the Bidder to provide enough detail in the response for the State to evaluate the Bidder’s ability to meet the requirement.

The following provides a description of each column and the instructions for completing Exhibit 21: Functional and Non Functional Requirements: [Agency/state entity must list the column headers from the exhibit and provide a brief description and/or instructions on how to complete each row of the exhibit/table.]

The Bidder is reminded that in order to be considered responsive and responsible to the requirement, the Bidder must provide enough detail in Final Proposal in order for the State to evaluate the Bidder’s ability to meet the requirement. Refer to Section 7, Evaluation for details on how the requirement will be scored as part of the overall evaluation.

2. Exhibit 22: Deliverables Table (M)

[INSTRUCTIONS: The intent of the deliverables table is a tool to confirm that the Contractor will comply with deliverables, milestones and/or completion dates for each SOW deliverable. Include any other requirement information, tables, and exhibits, related to solution requirements, as needed.

The models provided in this section are examples of proposal responses for Agency/state entity to consider.]

[Example Text:]

The Bidder must complete and submit as part of Final Proposal, Exhibit 22: Deliverables Table. The Bidder must indicate compliance and confirmation with each of the deliverables by marking “Yes” or “No” in the column labeled “Contractor Agrees to provide the Deliverable Yes/No” and must indicate the date the deliverable will be


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completed in the column labeled, “Contractor’s Deliverable Complete Date”. A blank or “NO” answer in either of these two (2) columns will be deemed non-responsive and will be the basis for rejection of the Bidder’s proposal.

The following provides a description of each column and the responsibility of the Bidder for completing the Exhibit 22: Deliverables Table: [Agency/state entity must list the column headers from the exhibit and provide a brief description and/or instructions on how to complete each row of the exhibit/table.]

The Bidder is reminded that in order to be considered responsive and responsible to the requirements, the Bidder must provide enough detail in Final Proposal in order for the State to evaluate the Bidder’s ability to meet the requirement. Refer to Section 7, Evaluation for details on how the requirement will be scored as part of the overall evaluation.

4.2.2 NARRATIVE RESPONSE REQUIREMENTS (MS) (IF APPLICABLE)[INSTRUCTIONS: Each requirement or set of requirements should be clearly stated and include enough explanatory information so that the Bidders do not have to guess at the intended meaning.

This section provides the requirements for submitting draft project deliverables and/or submitting the Bidder’s approach to a specific business need or requirement. This is intended to provide the State an opportunity to evaluate the Bidder’s understanding of the State’s business objectives and project activities or deliverables process. Section 7, Evaluation, must outline the criteria for scoring the narrative responses.]

The Agency/state entity may require draft project deliverables (Draft Project Management Plan, Draft Implementation Plan, Draft Training Plan, Draft Communication plan, etc.) or the Bidder’s approach to a specific business need or Contract requirement. If requesting narrative responses with the Final Proposal response, the Agency/state entity must include evaluation criteria for each of the proposal requirements.

The following is an example of a draft project deliverable the Agency/state entity may want the Bidder to submit with Final Proposal. The table below is only one example of how the Agency/state entity may want to structure these types of narrative response requirements.

[Example Text:]

The Bidder must provide narratives for the following areas by completing Exhibit XX, Narrative Response, and include with its Final Proposal in accordance with Section 6, Proposal/Bid Format and Submission Requirements.

The narrative responses are organized into the following sections:


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[Example] Risk Management Plan; Conversion Plan; Project Management; Testing; etc.

[INSTRUCTIONS: When developing narrative requirements, the Agency/state entity should point to the corresponding section of the SOW where the detailed description of the Contractor’s responsibility is located. This provides the Bidder with additional information for responding to the narrative requirements of the solicitation. The following is one example of many methods to structure Bidder proposal response requirements.]

[Example:]

{The Bidder should refer to, Appendix A: SOW [reference the SOW section which outlines each specific Contractor requirements], Risk Management Plan, to understand the requirements for responding to items 1 and 2.}

ITEM #

TYPE SOW Reference

REQUIREMENT MAXIMUM POINTS AVAILBLE

1 MS Section 1X

The Bidder must provide a description on how it will manage potential issues and risks related to California Project X Services. Response must include:a. Potential issues, risks and mitigation

strategies related to supporting California Project X, which has one of the nation’s largest caseloads.

15

2 MS Section 2X

The Bidder must provide a description on how it will manage potential issues and risks related to California Project X Services. Response must include: a. Potential issues, risks and mitigation

strategies related to managing the California Project X interface partners’ systems which are reliant on the Bidder’s (customized for California) Project X systems.

20


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5 COST[INSTRUCTIONS: This section explains the cost methodology and cost worksheets. The Forms/cost worksheets should be prepared for the Bidders to complete and submit with Final Proposal. Each cost element appropriate to the evaluation of this solicitation must be explained in this section. Clear instructions should be given for completing the forms/cost worksheets.

The format of this template is required; however, individual paragraphs are used only as appropriate. Additional requirements may also be added as appropriate; however, the guiding principle is that the cost evaluation methodology must be realistic and bear a rational relationship to what the State intends to do during the Contract period.

All reasonable implementation costs, and continuing costs for the evaluation should be provided for; such as hardware, software, key staff hourly rates, site facilities, training, program conversion, file conversion, data base building, maintenance and operations, optional extension years, etc.

The evaluation, including cost evaluation, is to be explained fully in Section 7, Evaluation. The evaluation period should be based on a likely Contract period including all optional years. If there is a good chance the State will need to extend the maintenance of the system, then optional years should be included and evaluated as a basis of award. Contract options for maintenance or anything else cannot be exercised, without a Non-Competitive Bid (NCB) Contract justification, unless evaluated.

NOTE: Optional years for maintenance need not be weighted equally as mandatory maintenance years.]

Cost is a primary evaluation criterion weighted at {50% unless otherwise approved by CDT STP} of the total points [Insert points here]. Evaluation in this category will be based on the lowest total estimated net cost as calculated according to the methodology in this section and Section 7, Evaluation.

All proposed costs for all line items must be all inclusive, thereby including the cost of any and all services required in this solicitation.

The intent is to structure the pricing format in order to facilitate a straightforward comparison among all Bidders and foster competition to obtain the best market pricing. Consequently, the [Enter Agency/state entity name] requires that each Bidder’s cost be in the format outlined in this section. Therefore, the Bidder is advised that failure to comply with the instructions listed in this section, such as submission of an incomplete proposal, use of alternative pricing structures or different formats than the one requested, may be the basis for rejection of the Bidder’s proposal.

Important Note: It is imperative that no cost information is included in the body of the proposal. Cost information must only be submitted in the Bidder’s Response, Volume 3, Cost in accordance with Section 6, Proposal/Bid Format and Submission Requirements.


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[COST CONSIDERATIONS:]

[Implementation Costs:

One-time Costs or implementation costs are those costs paid by the State for material and services necessary for the acquisition and implementation of the proposed solution including:

Implementation/Installation costs—services, testing, and training, the cost of personnel, travel, hardware/software, and any other equipment and/or services necessary to affect an operational system.

Freight costs—the cost of transportation of equipment to and from the State's facilities.

On-Going Costs:

Continuing costs are those costs that are projected to be paid by the State to the successful Bidder(s) or other entities on a monthly basis. The State prefers that any discounts offered be reflected in the monthly rates. In addition, for evaluation purposes, continuing costs include any cost adjustments that are applied on a monthly basis (e.g., price escalations and equipment failure costs). The following are continuing costs:

Hardware and Software maintenance and operational costs Licensing and Associated Costs OTech, Data Center Service Costs (if applicable) Personnel Costs

Price Escalation

The Agency/state entity may consider adding price escalation language to the solicitation. Escalation language must describe the rates and terms upfront and how it will be calculated for evaluation purposes. The Agency/state entity may allow the Bidders to propose their own escalation rates, in which case cost worksheets will need to be included to allow Bidders to propose their escalation rates.]

[Example Text:]

The costs will be calculated for each year of the Contract term, after the first Contract year, using the maximum percentage of increase allowed by the Contract:

(1 + _% of increase) x (previous year rate) x (# of months)

[The Agency/state entity should include some language in the Contract that requires the Contractor to request in writing to the State, annually, i.e., three months prior to the start of the next Contract year term, the ability to increase the Contract costs either (1) up to the agreed to percentage rate as allowed by the proposal, (2) down to a lower percentage or (3) no change to the costs.]


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5.1 COST WORKBOOK (M)Services, features, and costs included in the Exhibit 23: Cost Worksheets are those that the Bidder must provide for the term of the Contract as identified in the SOW, {which includes all optional years.} All Bidders must provide individual costs as indicated in the cost worksheets and submit with the bidder’s Final Proposal. Items submitted with no price will be considered as offered at no cost.

[INSTRUCTIONS: Provide clear and concise instructions here. Typically steps are used; however, the format can vary. The list below is not all inclusive of all types of cost worksheets. Agency/state entity must develop cost worksheets specific to the solicitation. Agency/state entity may ask CDT STP for cost worksheet examples that may be applicable to the solicitation. If CalCloud is a viable option, the Bidders will identify the costs for deploying the solution in the CalCloud environment as well as ongoing costs to support the solution upon deployment (see Section 2.2.7, Cloud Computing Services). Agency/state entity must develop these cost worksheets for evaluation.]

[Examples:] Tab 1, Instruction Worksheet Tab 2, Cost Worksheet #1: Summary of Cost Worksheets #__-__ and Evaluation

Grand Total, – Automatically calculated. Tab 3, Cost Worksheet #__: Mandatory Implementation Tasks and Deliverables Tab 4, Cost Worksheet #__: Optional Extensions, Maintenance and Operation Tab 5, Cost Worksheet #__: Mandatory Optional Functional Requirements Tab 6, Cost Worksheet #__: Unanticipated Tasks Hourly Labor Rates

5.2 COST WORKBOOK INSTRUCTIONSThe cost workbook includes multiple cost worksheets that must be completed by the Bidder and submitted with its Final Cost Proposal to be considered responsive. The cost worksheets lists all cost elements required to {implement, maintain and operate the proposed services.}. The Bidder must include the completed cost worksheets sealed in Volume 3 Final Proposal.

The Bidder is required to enter all cost data in the format prescribed by the cost workbook, even if there are no costs for the item indicated on the worksheet(s). In these instances the Bidder must indicate the cost as a zero ($0). In addition, if any character other than a numeral is used (e.g., a dash), the State will assume the cost of the item to be zero ($0). All other fields must not be modified. If the cost worksheet is modified or cells are left blank, the State may reject the Bidder’s proposal. The cost worksheets must be filled out completely or the State may reject the Bidder’s proposal.

The State has populated some of the cells with formulas, however it is the responsibility of the Bidder to ensure worksheets and calculations are correct and accurate. The State


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will not assume responsibility for any cost figures that do not calculate properly. {Cells highlighted in yellow, indicate the cells in which the Bidders must enter its cost.}

[The Agency/state entity must add specific instructions on the individual cost worksheets or develop an instructional cover page (tab) in the cost worksheet workbook.]1. Mandatory Implementation Task and Deliverables

This cost worksheet #__ lists the required deliverables that must be priced and included with the Bidder’s proposal response.

2. Optional Extensions – Maintenance and OperationThis cost worksheet #__ lists the maintenance and operations that must be priced and included with the Bidder’s proposal response.

3. Mandatory Optional RequirementsThis cost worksheet #__ lists the requirements that must be priced and included in the Bidder’s proposal response. It is at the State's discretion whether the mandatory optional requirements will be implemented during the term of this Contract.

4. Unanticipated Tasks Hourly Labor RatesThis cost worksheet #__ lists the required staff classifications that must be priced and included in the Bidder’s proposal response.

The State expects that during the Contract period, legislative and/or program changes may necessitate modifications to the system and/or software. Modifications may result in unanticipated tasks and be structured based on the Bidder’s hourly labor rates identified on {cost worksheet ##}. These rates will be used to support change requests or modifications to the Contract.

Unanticipated tasks is additional work that must be performed and is within scope, but was not identified in the State's solicitation document or SOW. Both the State and the Contractor must agree upon the work that needs to be performed which will result in unanticipated costs through the {Work Authorization} process. [The WA process must be defined in the SOW] No work can be performed in advance of State's agreement of unanticipated tasks.

The State limits the budget for unanticipated tasks not to exceed 5% of the sum of the base Contract, not to include the maintenance and operations portion of the Contract. The Bidder must complete [Insert Cost Worksheet Number], Unanticipated Tasks Hourly Labor Rates per the instructions on the cost worksheet.

5.3 PROJECT PAYMENT TERMS[Agency/state entity must determine if this is applicable to the procurement. This language is applicable for progress payments. If progress payments are included, this text applies]


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In accordance with Public Contract Code, §12112, the State will withhold, from each invoiced payment amount to the Contractor, an amount equal to ten percent (10%) of the payment per the SOW.

[Example Text:]

The payment schedule for [project name] implementation is deliverables-based except for maintenance and operations services {insert any other services that are paid monthly} which are paid monthly in arrears at the rates indicated in {insert Cost Worksheet #__}.

[Deliverable based Contracts should not be based solely on paying for “a paper deliverable”. It should also be associated with the completion of the work related to the “paper deliverable”. For example if a payment milestone is the submission of a training plan, the payment should also be tied to the completion of the training as well.]

5.4 SALES TAXSales tax is not to be included in the cost worksheets. If awarded the Contract, sales tax, if applicable, should be added at time of invoicing. The sales tax rate applied should be based on the rate of the area where the service is to be provided. See Board of Equalization Regulation 1502 (f) (1) (D).

6 PROPOSAL/BID FORMAT AND SUBMISSION REQUIREMENTS[INSTRUCTIONS: This section prescribes the format of the proposal submittals.]

These instructions identify the mandatory proposal format and the approach for the development and presentation of proposals. The format instructions must be followed, all requirements and questions in the solicitation must be completed and all requested data must be supplied. The Bidder shall carefully examine the solicitation and be satisfied with the compliance conditions prior to submitting a proposal.

It is important that all proposals be submitted in sealed envelopes/containers and clearly marked or they may be rejected. Proposal submittals must be in the number of copies indicated in Section 6, Proposal/Bid Format and Submission Requirements.

The State will not be liable for any costs incurred by any Bidder in responding to this solicitation, regardless of whether the State awards the Contract through this process, decides not to move forward with the project, cancels this solicitation for any reason, or Contracts for the project through other processes or by issuing another solicitation.

6.1 PREPARATIONProposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this solicitation document. Expensive bindings, colored displays, promotional materials, etc., are not necessary or


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desired. Emphasis should be concentrated on conformance to the solicitation document instructions, responsiveness to the solicitation document requirements, and completeness and clarity of content.

6.2 COMPLETION OF PROPOSALSProposals must be complete in all respects as required by this section. A Final Proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A Final Proposal will be rejected if any such defect or irregularity constitutes a material deviation from the solicitation document requirements. The Final Proposal must contain all costs as required in Section 5, Cost and Section 6, Proposal/Bid Format and Submission Requirements. Draft Proposals must contain all information required in the Final Proposal except cost.

6.3 DATE, TIME, AND ADDRESS OF SUBMITTALSMail or deliver proposals to the Procurement Official listed in Section 2.2.1. If mailed, it is recommended that Bidders use certified or registered mail with return receipt requested, as delivery of documents is at the Bidder’s own risk of untimely delivery, lost mail, etc.

Proposals must be received no later than the date and time specified in Section 2.3, Key Action Dates. A proposal not received by the date and time specified in Section 2.3, Key Action Dates, shall be rejected.

6.4 PACKAGING AND LABELINGThe Bidder should provide all of its proposal documents at the same time within the same package (box or boxes). The overall package must be sealed and labeled as follows:

1. The Bidder’s name and address2. The solicitation number "RFP/IFB ##-###”3. Identification of the submittal as “RFP/IFB ##-###” Draft Proposal or Final Proposal4. Box “# of ##”, if more than one (1) box is required for the entire submission

EACH BINDER AND CD MUST BE PLAINLY MARKED WITH:1. The Bidder’s name2. The solicitation number "RFP/IFB ##-####”3. The Volume number and title as appropriate:

a. Volume 1: Response to Section 3, Administrative Requirements, and Section 4, Bid Requirements

b. Volume 2: STD 213 and Appendix A, SOW


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c. Volume 3: Costd. Volume 4: Literature

Volume 3, Cost (including binder and CDs) must be in its own sealed package (or envelope) that is separate from Volumes 1, 2, and 4. If cost information is not submitted in its own separately sealed package (or envelope) the proposal may be rejected.

6.5 FORMATTINGIt is the Bidder’s responsibility to ensure its proposal is submitted in a manner that enables the State to easily locate all response descriptions and exhibits for each requirement of this solicitation. Page numbers should be located in the same page position throughout the proposal. Figures, tables, charts, etc., should be assigned index numbers and should be referenced by these numbers in the text and in the Table of Contents. Figures, tables, charts, etc., should be placed as close to text references as possible. The proposal should be tabbed to identify the volume and section.

Proposals must be submitted in printed format (hard copy), and also in electronic file format (soft copy) on a {CD or USB compatible portable data storage device as follows}

1. All hard copies must be on standard 8.5” x 11” paper, except for charts, diagrams, and similar materials, which may be foldouts. If foldouts are used, the folded size must fit within the 8.5” x 11” format. Hard copy of large size drawings shall not be larger than Standard E-size format.

2. Double sided printing is preferred. The following must be shown on each page of the Proposal:a. {IFB/RFP ##-###}b. Name of Bidderc. Volume numberd. Exhibit Numbere. Page number (Page # of ##)

3. Soft copies of the proposals must be in {Microsoft Word 2010 and Excel 2010 as appropriate, or compatible, except electronic files of drawings must be compatible with Microsoft Visio 2010.}

4. Each volume submitted must be provided in the following number of copies:a. Five (5) hard copies (printed), one (1) copy marked Master, for a total of six

copies. b. Two (2) soft copies (CD’s or a USB compatible portable data storage device)

5. All hard copy submittals should use clearly marked tabs, page numbers and table of contents for effective access to the Bidder’s material. Similarly, soft copies should be organized into appropriate files and folders designed for easy access. The MASTER


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COPY must contain original signatures and initials wherever a signature or initials are required. If discrepancies exist between two (2) or more copies of the proposal, the proposal may be rejected. However, if not rejected, the Master Copy will provide the basis for resolving such discrepancies.

The Bidder should be sure that no pricing information of any type is shown in its draft or Final Proposal, except in the sealed “cost” envelope of the proposal, Volume 3. The inclusion of pricing in any fashion or format in any other place in the proposal, except for the sealed cost in the proposal, may be the basis for immediate rejection of the Bidder’s proposal.

As stated in Section 2.4.5, Confidentiality, The Bidder should be aware that marking the Final Proposal “confidential” or “proprietary” may exclude it from consideration for award.

6.6 CONCEPTUAL AND/OR DETAILED TECHNICAL PROPOSAL FORMAT AND CONTENT (IF APPLICABLE)

The conceptual and/or detailed technical proposal must contain all material specified in this section for Volumes 1, 2, and 4 of the Final Proposal except for any cost. The STD 213 need not be signed at this point. It is important that all exhibits/attachments are complete and included with proposal submission. The number of copies of the conceptual proposals and/or detailed technical proposal to be submitted for evaluation is as follows:

1. Volume 1: 1 Master Copy and (##) Copies2. Volume 2: 1 Master Copy and (##) Copies3. Volume 4: 1 Master Copy and (##) Copies

6.7 DRAFT PROPOSAL FORMAT AND CONTENTThe draft proposal must contain all the material specified in this section for Volumes 1, 2, and 4 of the Final Proposal except for any cost data. The STD 213 not be signed at this point. It is important that all exhibits are complete and included with the draft proposal submission. The number of copies of the draft proposal to be submitted for evaluation is as follows:

1. Volume 1: 1 Master Copy and (##) Copies2. Volume 2: 1 Master Copy and (##) Copies3. Volume 4: 1 Master Copy and (##) Copies

6.8 FINAL PROPOSAL FORMAT AND CONTENT[INSTRUCTIONS: This section should describe in more detail the desired content and format of the individual sections of each Volume of the Final Proposal. It should be


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specific where it will make the evaluation easier without undue burden on the Bidders and non-specific where it doesn't matter. In particular, it should explain how the Bidder is to complete the Bidder response forms for Section 3, Administrative Requirements; it should contain information to help the Bidder to respond to the Section 4, Bid Requirements, and the instructions for completing the cost worksheets unless those instructions are already within the cost worksheets in the cost section. Some examples of typical paragraphs are shown below. An explanation and/or example can be provided for each paragraph/requirement in this section.]

Each volume of the proposal must be provided separately in a three-ring binder, submitted in the number of hard copies indicated in this section, and must be structured in the following manner:

6.8.1 VOLUME 1: RESPONSE TO ADMINISTRATIVE REQUIREMENTS1. Table of Contents

This section must contain a Table of Contents. All parts of the proposal, including forms, must be identified by volume and page number. The Table of Contents must identify all figures, charts, graphs, etc.

2. Financial Statements (If applicable) (Refer to Section 3.5.2)3. Cover Letter (Refer to Section 3.10)4. Required solicitation exhibits, in the following order:

a. Exhibit 2: Intent to Bid form (if not already submitted)b. Exhibit 3: Confidentiality Statement (if not already submitted)c. Exhibit 4: Response to Administrative Requirements d. Exhibit 5: Bidder Declaration, GSPD 05-105 e. Exhibit 6: Secretary of State Certificationf. Exhibit 7: Workers’ Compensation Certificationg. Exhibit 8: Seller’s Permit Certificationh. Exhibit 9: Payee Data Recordi. Exhibit 10: Iran Contracting Act of 2010j. Exhibit 11: California Civil Rights Laws Certificationk. Exhibit 12: Bond and Other Security Documentsl. Exhibit 13: DVBE Declarationsm. Exhibit 14: Bidding Preferences and Incentivesn. Exhibit 15: Commercially Useful Function Certification Form o. Exhibit 17: List of Proposed Subcontractors (Public Works) (If applicable)p. Exhibit 18: Contractor’s License Information (If applicable)


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q. Exhibit 24: Responsibility Certification

PREFERENCE/INCENTIVE EXHIBITS (REQUIRED ONLY AS INDICATED)r. Exhibit 16: Preference Request Forms (required if claiming TACPA preference)

RESPONSE TO QUALIFICATION REQUIREMENTS, SOLUTION REQUIREMENTS, AND THE REQUIRED EXHIBITS, IN THE FOLLOWING ORDER:s. Exhibits 19.1 through 19.2: Bidder’s Qualification Form and Bidder Reference

Form(s) t. Exhibits 20.1 through 20.2: Key Staff Qualifications Form(s) and Key Staff

Reference Formsu. Exhibit 21: Functional and Non-Functional Requirementsv. Exhibit 22: Deliverables Table [Agency/state entity to define]w. Exhibit (##): Specifications [Agency/state entity to define]

6.8.2 VOLUME 2: CONTRACT1. Exhibit 1: STANDARD AGREEMENT, STD 2132. Appendix A, SOW (Refer to Section 3.12)

6.8.3 VOLUME 3: COSTThis volume must be in a separately sealed, marked envelope or container containing: Exhibit 23: Cost Worksheets # - ##

6.8.4 VOLUME 4: LITERATURE (IF APPLICABLE)This volume must contain all technical and other reference literature necessary to support the responses to the requirements of this solicitation.

7 EVALUATION[INSTRUCTIONS: This section explains to the Bidders how the evaluation of proposals will be conducted. The Agency/state entity must develop the evaluation criteria and methodology specific to the project. The guiding principle is that the evaluation methodology must be realistic and bear a rational relationship to what the State intends to do during the Contract period. It is very important to note that all evaluation criteria that can affect the responsiveness or ranking of the proposals must be explained in this section to afford the Bidder the ability to determine the advantages and risks of bidding a particular solution. The evaluation procedure must be reasonable, must be followed, and cannot be modified during the evaluation. Formal evaluation instructions and


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reporting forms must be developed for use by the evaluation team to facilitate the evaluation and to minimize any misunderstandings.

The purpose of the proposal evaluation process is to provide a mechanism to determine which proposal submitted in response to the solicitation best meet the State’s specified needs. The proposal evaluation results are an assessment of the Bidder’s ability to successfully accomplish the Contract. Because the Contract award decision is based on the proposal evaluation, it is important that the evaluation criteria clearly reflect the State’s need and provides for an accurate evaluation of a Bidder’s proposal; represent key areas of importance and; support meaningful discriminators between competing proposals.]

This section presents the evaluation process and scoring procedures the State will follow when evaluating proposals submitted in response to this solicitation. The evaluation process is multi-step, comprised of a thorough review of each Bidder’s proposal response to determine that it is responsive and responsible, and provides “best value” to the State. The best value proposal is the proposal that meets all requirements set forth in this solicitation and offers the State the best combination of administrative, qualification, solution, and cost value as determined through the evaluation process specified in this section.

Final selection will be based on compliance with all requirements, fifty percent (50%)-scored administrative, qualifications, and solution requirements, and fifty percent (50%) cost, among the proposals that are responsive and responsible to the solicitation requirements. [Unless prior approval is received by CDT STP] Responsiveness is indicated by meeting the Administrative, Bid Requirements, and Cost Requirements, and complying with the Section 2.4, Rules Governing Competition. Proposals that do not comply with the mandatory components stipulated in this solicitation may be deemed non-responsive and the Bidder disqualified. The State reserves the right to modify or cancel this procurement in its entirety or in part at any time.

The Bidder is required to thoroughly review the solicitation to ensure that its proposal and its proposal responses are fully compliant with the solicitation requirements and thereby avoid the possibility of being ruled non-responsive or non-responsible. If the State finds that a bidder’s Final Proposal has a material deviation from a specified requirement, the Bidder will be deemed non-responsive and will be the basis for rejecting the Bidder’s proposal.

7.1 EVALUATION TEAMThis procurement is being conducted under the guidance of a Procurement Official from CDT STP (refer to Section 2.2.1, Procurement Official). The Procurement Official will serve as the Bidder’s point of contact for questions and clarification, and will identify the rules governing this procurement.


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The State will establish an evaluation team consisting of {Dept. of XX management and staff to review and evaluate proposals.} The State Procurement Official will provide guidance to the evaluation team and provide oversight of the evaluation process. The State may engage additional qualified individuals or subject matter experts (SME) during the evaluation process to assist the State in gaining a better understanding of technical, financial, legal, contractual, or program issues. These other individuals do not have voting privileges or responsibility for the evaluation process and will serve solely in an advisory capacity.

7.2 EVALUATION STEPS

7.2.1 EVALUATION OF REQUIRED INFORMATION AND REQUIREMENTSProposals must be complete and meet all format and submission requirements as identified in Section 6, Proposal/Bid Format and Submission Requirements. A Final Proposal may be rejected if it is conditional or incomplete, contradicts the requirements, contains any alterations of form, or contains other irregularities of any kind, including alterations to any terms and conditions.

A Final Proposal will be rejected if any such defect or irregularity constitutes a material deviation from the solicitation requirements.

7.2.2 RECEIPT AND PRELIMINARY REVIEWAll proposals received by the time and date specified in Section 2.3, Key Action Dates, will be acknowledged as having been received on time. Each proposal will be date-and time-marked as it is received, and verified that all it was submitted under an appropriate cover, sealed, and properly identified.

Proposals will remain sealed until the designated time for opening. Bidder’s Response, Volume 3 Cost, shall remain sealed and in the possession of the Procurement Official listed in Section 2.2.1, until the evaluations of all Bidder response volumes 1 and 2 have been completed for all Bidders that submitted a proposal.

The Procurement Official will check all proposals for the proper identification and to ensure that required information conforms to the proposal format and submission requirements of Section 6, Proposal/Bid Format and Submission Requirements. Absence of required information may make the proposal non-responsive and may result in Bidder disqualification.

7.2.3 MANDATORY REQUIREMENTS EVALUATIONThe State will review each proposal to determine its compliance with all of the requirements set forth in Section 3, Administrative Requirements, and Section 4, Bid Requirements.


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The evaluation team will evaluate and score each submitted proposal by consensus for compliance with the requirements designated in Section 3 and Section 4. If a Proposal fails to meet any requirement specified in Section 3 or Section 4, the State will determine if the deviation is material.

7.2.4 VALIDATION AGAINST REQUIREMENTSThe State will check each proposal in detail to determine its compliance with the solicitation requirements. The State reserves the right to determine if the Bidder’s response to a requirement, as detailed in its description and/or supporting documentation, supports or contradicts the Bidder’s claim of intended compliance. If a Bidder’s proposal fails to meet a mandatory requirement, the State will determine if the deviation is material, as defined in Section 2.4.1, Identification and Classification of Solicitation Requirements. A material deviation cannot be waived and may be a cause for the rejection of the Bidder’s proposal.

During the proposal evaluation, the State may request that the Bidder clarify any area of the proposal that the State determines to be unclear. However, this request for clarification will not be an opportunity for the Bidder to change its proposal.

7.3 EVALUATION OF PRELIMINARY PROPOSALS (IF APPLICABLE)

7.3.1 CONCEPTUAL PROPOSALS (IF APPLICABLE)Upon receipt of the conceptual proposals, the State will review each proposal in accordance with the evaluation methodology outlined in this section.

[Agency/State entity must develop/review text. See Section 2.5.1.1 for additional information.]

7.3.2 DETAILED TECHNICAL PROPOSALS (IF APPLICABLE)Upon receipt of the technical proposals, the State will review each proposal in accordance with the evaluation methodology outlined in this section.

[Agency/State entity must develop/review text. See Section 2.5.1.2 for additional information.]

7.3.3 DRAFT PROPOSALS (IF APPLICABLE)Draft proposals must be submitted for review by the date and time designated in Section 2.3, Key Action Dates. The evaluation team will review Draft Proposals in an attempt to detect any inconsistencies that, if contained in the Final Proposal, may cause the proposal to be rejected. It is not the intent of the State to review the draft proposal at this time for total responsiveness to all the solicitation requirements.


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This solicitation does not contain provisions for a conceptual and/or detailed technical proposal, and the procurement process is limited to submitting a Draft and Final Proposal. The State intends to participate in confidential discussions with individual Bidders. The State will schedule with each Bidder a date, time and location to meet with the Bidder and/or Bidder representative(s) to discuss items that need clarification, and any defects found by the State. Prior to the scheduled discussion, the State may prepare and provide to each Bidder a discussion agenda that itemizes the points to be covered in its confidential discussion.

The State will not be in a position during this review to determine if a defect could be material and cause the Final Proposal to be rejected. The State makes no warranty that all such errors will be identified during its Draft Proposal review or that such errors remaining in the Final Proposal will not cause the proposal to be rejected.

7.4 FINAL PROPOSAL EVALUATION This section outlines how the State will evaluate a Final Proposal and award points in a manner that preserves the integrity of the competitive procurement process. During Final Proposal evaluation, failure to respond to a mandatory requirement is considered non-responsive and may be considered a material deviation.

Proposals will be evaluated according to the procedures contained in this solicitation section. Special instructions and procedures apply to conceptual proposals, detailed technical proposals, and Daft Proposals.

The maximum points available for this solicitation are XXX points. All point calculations will be rounded to two (2) decimal places (the nearest hundredth). The Bidder’s cost will only be opened if it complies with Section 3, Administrative Requirements and Section 4, Bid Requirements. Bidders that have a material deviation will be disqualified and their cost will not be opened. The distribution and allocation of maximum points possible for each proposal element is provided in Table 7-1: Scoring and Point Distribution, which identifies each evaluation component, the scoring methodology, and the maximum points available for scored components.

[The proposal scoring and point distribution (point values) examples below explain the calculations and have no other significance. The Agency/state entity must modify this table to their specific solicitation.]


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Table 7-1: Scoring and Point DistributionMaximum possible Scores for each Evaluation Area

Section 3, Administrative Requirements {Pass/Fail}

Section 4, Bid Requirements (Qualification and Solution Requirements) Maximum Points {1000}

Bidder Qualification Forms {Pass/Fail}

Bidder Reference Forms {100}

Staff Qualification Forms {Pass/Fail}

Staff Qualification Forms - Desirables {50}

Staff Reference Forms {50}

Exhibit 21: Functional and Non-Functional {500}

Exhibit 22: Deliverables Table {Pass/Fail}

Exhibit XX: Narrative Response Requirements {300}

Incentive Points Maximum Points (TBD)

Maximum Small Business Preference Points TBD

DVBE Incentive TBD

Section 7, Cost Maximum Points {1000}

Cost Worksheets {1000}

Maximum Total Score (Points) {2000}

Maximum Total Score with preference points applied TBD

7.4.1 ERRORS IN THE FINAL PROPOSALAn error in the Final Proposal may cause the rejection of that proposal; however, the State may at its sole option retain the proposal and make certain corrections. In


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determining if a correction will be made, the State will consider the conformance of the proposal to the format and content required by the solicitation, and any unusual complexity of the format and content required by the solicitation.

1. If the Bidder's intent is clearly established based on review of the complete Final Proposal submittal, the State may at its sole option correct an error based on that established intent.

2. The State may, at its sole option, correct obvious clerical errors.

3. The State may, at its sole option, correct discrepancy and arithmetic errors on the basis that, if intent is not clearly established by the complete proposal submittal, the master copy shall have priority over additional copies, the proposal narrative shall have priority over the Contract, and the Contract shall have priority over the cost sheets.

Within each of these, the lowest level of detail will prevail. If necessary, the extensions and summary costs will be recomputed accordingly, even if the lowest level of detail is obviously misstated. The total price of unit-price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible, uncertain for any cause, or omitted, it shall be the amount obtained by dividing the total price by the quantity of the item.

4. The State may, at its sole option, correct errors of omission. In the following four situations, the State will take the indicated actions if the Bidder's intent is not clearly established by the complete proposal submittal:

a. If an item is described in the narrative but omitted from the Contract and cost data provided in the proposal for evaluation purposes, it will be interpreted to mean that the item will be provided by the Bidder at no cost.

b. If a minor item is not mentioned at all in the Final Proposal and is essential to satisfactory performance, the proposal will be interpreted to mean that the item will be provided at no cost.

c. If a major item is not mentioned at all in the Final Proposal, the proposal will be interpreted to mean that the Bidder does not intend to supply that item.

d. If a major item is omitted, and the omission is not discovered until after Contract award, the Bidder shall be required to supply that item at no cost. The determination of whether an item is minor or major is the responsibility of the State.

5. If a Bidder does not follow the instructions for computing costs not related to the Contract, if any, (e.g., State personnel costs), the State may reject the proposal, or at its sole option, re-compute such costs based on instructions contained in the solicitation.


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6. If the re-computations or interpretations, as applied in accordance with this section, result in significant changes in the amount of money to be paid to the Bidder (if awarded the Contract) or in a requirement of the Bidder to supply a major item at no cost, the Bidder will be given the opportunity to promptly establish the grounds legally justifying relief from its proposal.

7. It is absolutely essential that the Bidder carefully review the cost elements in Final Proposal, since they will not have the option to correct errors after the time for submittal of the Final Proposals.

8. The State may request clarification of items in the Bidder’s proposal if the meaning is not clear to the State. Responses to requests for clarification must be confirmed in writing by the Bidder as instructed by the State’s Procurement Official at the time of the request.

9. At the State’s sole discretion, it may declare all Final Proposals to be Draft Proposals in the event that the State determines that Final Proposals from all bidders contain material deviations. Bidders may not protest the State’s determination that all proposals have material deviations. If all proposals are declared noncompliant, the State may issue an addendum to the solicitation. Should this occur, the State may hold confidential discussions with participating bidders that are interested in continuing to be considered. Each participating Bidder will be notified of the new Final Proposal due date. This submission must conform to the requirements of the original solicitation as amended by any subsequent addenda. The new Final Proposals will be evaluated as required in this section.

7.4.2 REJECTION OF PROPOSALSThe State may reject any or all proposals and may waive any immaterial deviation or defect in a proposal. The State's waiver of any immaterial deviation or defect shall in no way modify the solicitation documents or excuse the Bidder from full compliance with the solicitation specifications if awarded the Contract.

7.4.3 ADMINISTRATIVE REQUIREMENTS EVALUATIONAll Section 3, Administrative Requirements labeled with (M) are mandatory, with the exception of those Administrative Requirements in Section 3, labeled with (O) which are optional and Bidders are not required to respond. Review of the proposals will begin with ensuring that the Bidder has responded to all administrative requirements, in Section 3, that require proposal submittal documents.

Only proposals that pass the evaluation of the mandatory Section 3, Administrative Requirements and Section 4, Bid Requirements will proceed to cost opening. If a proposal fails to meet any mandatory requirement specified in Section 3, Administrative Requirements, or Section 4, Bid Requirements, the State will determine if the


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deviation(s) is material. If the deviation is determined to be material, the Bidder will be deemed non-responsive and will be the basis for rejecting the Bidder’s proposal.

7.4.3.1 Financial Statements

[INSTRUCTIONS: Agency/state entity must develop evaluation criteria. The criteria MUST describe how the Agency/state entity is using the financial information to determine that the Bidder is responsive and responsible to the solicitation requirements. See requirement Section 3.5.2 for the conditions for including this requirement]

7.4.3.2 Responsibility Certification

[INSTRUCTIONS: Agency/state entity must develop evaluation criteria. The criteria MUST describe how the Agency/state entity is evaluating the Bidder’s response to Section 3.5.3 to determine that the Bidder is responsive and responsible to the solicitation.

7.4.4 QUALIFICATION REQUIREMENTS EVALUATION[INSTRUCTIONS: Agency/state entity must establish the Bidder/corporate requirements. Additionally Agency/state entity must determine if incomplete projects (on-going) can be used toward Bidder’s qualification experience.

The examples below are specific Bidder/corporate requirements relating to the Bidder and Staff Contract roles and responsibilities. This is not intended to be inclusive of all Bidder/corporate requirements.]

The evaluation team will consider all information in the Bidder’s proposal to evaluate the Bidder and Staff Qualifications. Narrative descriptions on the Bidder and Staff Qualification forms must be clear and apply directly to the solicitation requirements. Narrative descriptions may be used to validate other information provided on any form. Any conflicting information may result in the proposal being deemed non-responsive and may result in the Bidder being disqualified.

The State will evaluate Bidder and staff qualifications using the information contained in the completed Exhibit 19.1: Bidder Qualification Form and Exhibits 20.1 – 20.XX: Staff Qualification Forms, that the Bidder submits with Final Proposal. Reference contacts may be contracted to verify Bidder and Staff information and claimed experience.

To aid the State in evaluating Bidder and staff qualifications, the Bidder should use a MM/DD/YYYY format when indicating project start and end dates. If a Bidder submits a proposal in any other date format, the State will count only the whole months or years between the start and end dates. For example, Bidder “A” cites start and end dates for a project as 6/2011 to 12/2011. The Bidder or staff member would only be credited with five (5) months of experience.


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[Example Text:]

If a project end date is ongoing or exceeds the Final Proposal due date, then the Bidder or staff member will receive credit for only the experience acquired up to the Final Proposal due date. Concurrent project timeframes (overlapping dates) will only count once for calculating the number of years and months of qualification experience for the staff.

If the number of years and months for a project was not indicated on the Bidder or staff qualification form “Experience gained on this cited Project” and the Bidder or staff checked “yes” to meeting the total experience on the project cited, then the Bidder or staff will only receive experience credit for the minimum number of years required for that requirement or will receive the number of years indicated on the header of the Bidder or staff qualification form, whichever is less.

Bidders that do not return all required completed and signed Bidder and staff qualifications and reference forms with Final Proposal shall be deemed non-responsive and the Bidder may be disqualified.

7.4.4.1 Bidder Qualifications

[Example Text:]

The evaluation team will evaluate the completed Exhibit 19.1: Bidder Qualification Form and all Exhibit 19.2 Bidder Reference Forms for compliance with the mandatory requirements specified in Section 4.1.1, Bidder Qualifications. The evaluation team will validate claimed experience on the associated Bidder Reference Form for each project Bidder identifies to meet the requirements. If the completed Bidder Qualification and Reference Forms fails to document the Bidder experience sufficiently for the evaluation team to determine the Bidder experience sufficiently for the evaluation team to determine if the Bidder meets a requirement, the State will determine if the deviation is material. If the deviation is determined to be material, the proposal will be deemed non-responsive, and the Bidder disqualified.

The Bidder must provide for a minimum of three (3) projects and not more than six (6) projects. The Bidder must submit one (1) completed Bidder and staff qualification form for each of the projects cited. Bidders who do not return the required qualification forms shall be deemed non-responsive.

The evaluation team will also evaluate the Bidder qualifications and reference forms to ascertain whether the Bidder qualifies for any of the Desirable Scored (DS) experience points, in accordance with the criteria specified in Exhibit 19.1.

If the State is unable to validate that the information supplied by the Bidder qualifies for (DS) experience points, no points will be awarded for such experience. Any desirable scored experience points awarded will be added to the Bidder’s qualification score.


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Reference contacts listed on attachments may be contacted to verify information provided by the Bidder.

7.4.4.2 Bidder References

[Example Text:]

The State will evaluate the Bidder’s references using the information provided in each Exhibit 19.2: Bidder Reference Forms. The Bidder must submit one (1) Exhibit 19.2 form for each project cited on Exhibit 19.1: Bidder Qualification Form.

[Example Text:]

{A minimum of three (3) references must be submitted and up to a maximum of six (6). One (1) reference for each project cited.} Each Bidder Reference Form must be signed by a reference contact who performed a management or supervisory role on the referenced project.

All reference forms must be returned with the proposal in order to meet the Bidder minimum experience requirements. Bidders who do not return the required reference forms shall be deemed non-responsive.

[INSTRUCTIONS: If the Agency/state entity used the supplemental language in Section 4.1.2 regarding references not allowed either legally or by its company/organization policy to sign reference forms, the first paragraph below (**) will need to be included:]

[Example Text:]

**If the reference is not allowed either legally or by company/organization policy to sign the reference form(s), the reference must type in its full name with a brief statement on the form outlining the reason they are not permitted to sign the States reference form. If needed, the State may contact either the Bidder and/or staff references to validate the reference submitted. The State will make two (2) attempts via phone and/or email to validate Bidder and/or staff experience using the information provided in the Bidder and/or staff reference forms, as applicable.**

[Example Scoring Text:]

Reference scores will be calculated by totaling the ratings from each reference form submitted. Each total rating for all the reference forms submitted will then be summed and divided (averaged) by the number of reference forms submitted to determine the Bidder’s final evaluated total rating score. For example, if there are three (3) total rating scores of 30, 27, and 24, from three (3) projects, they will be summed together to equal 81 out of a total possible score of 90. The resulting number (81) will then be divided by three (3) (the number of reference forms submitted) to equal the final total rating of 26.67.


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If a reference form received a rating of “N/A” that question will not receive any points. All questions must be rated with the exception of the desirables (DS) that contain an “N/A” rating.

If any of the reference questions contain a rating of 0=Unsatisfactory, the proposal shall be deemed non-responsive and the Bidder shall be disqualified.

7.4.4.3 Key Staff Qualifications

[INSTRUCTIONS: Agency/state entity must determine what key staff is required for their project and develop specific qualification requirements for each key staff classification. Qualifications should relate directly to the project goals and tie to the roles and responsibilities specified in the SOW.

[Example Text:]

For each key staff, the evaluation team will first evaluate the completed Staff Qualification Form for compliance with the mandatory requirements specified in Section 4.1.3, Staff Qualifications. The State will evaluate the Bidder’s key staff experience using the information provided in Exhibits 20.1 through 20.XX: Staff Qualifications Forms. The evaluation team will validate claimed experience on the associated Staff Reference Form for each requirement. If the completed Staff Qualifications and Reference forms fail to document the staff member’s experience sufficiently for the evaluation team to determine if the Bidder meets a requirement, the State will determine if the deviation is material.

If the deviation is determined to be material, the proposal will be deemed non-responsive and the Bidder disqualified.

The evaluation team will next evaluate the completed Staff Qualification forms to ascertain whether any proposed staff qualifies for any of the desirable scored (DS) experience points for the specific staff member. If the State is unable to validate that the information supplied qualifies for any (DS) experience points, no points will be awarded for such experience. Any desirable scored experience points awarded will be added to the staff’s qualification score. Reference contacts listed on attachments may be contacted to verify information provided by the Bidder.

Reference contacts listed on attachments may be contacted to verify information provided by the Bidder.

7.4.4.4 Key Staff References

[Example Text #1:]

The State will evaluate the Bidder’s key staff references using the information provided on each key staff member’s submitted in Exhibits 20.1 through 20.XX: Staff Reference


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Form. The Bidder must submit one (1) reference form for every project cited on the staff member’s Exhibit 20.1: Staff Qualification Form.

Each staff reference form must be signed by a reference contact who performed a management or supervisory role on the referenced project.

All reference forms must be returned with the proposal submittal in order to meet the staff reference requirements. Bidders who do not return the required reference forms will be deemed non-responsive and will be the basis for rejecting the Bidder’s proposal.

The State may contact the reference to validate its response in accordance with the process in Section 7.4.4.5, Bidder and Staff Reference Checks.

[INSTRUCTIONS: If the Agency/state entity used the supplemental language in Section 4.1.4 regarding references not allowed either legally or by company/organization policy to sign reference forms, the first paragraph below (**) needs to be included. If this text is included, It is strongly recommended that a requirement is included stating that references must attach its company’s policy.]

[Example Text:]

{**If the reference is not allowed either legally or by company/organization policy to sign the reference form, the reference must type in its full name with a brief statement on the form outlining the reason they are not permitted to sign the States reference form. If needed, the State may contact either the Bidder and/or staff references to validate the reference submitted. The State will make two (2) attempts via phone and/or email to validate Bidder and/or staff experience using the information provided in the Bidder and/or staff reference forms, as applicable. **}

[Example Scoring Text:]

{Reference scores will be calculated by totaling the ratings from each reference form submitted. Individual reference forms will be given an average score for the all rated questions. If a reference form received a rating of “N/A” that question will not be factored in the Bidder’s average score. For example, if the rating scores for the “Technical Lead” on one (1) reference form are 6,6,4,6 and N/A on one (1) project, those scores will summed together to equal 22 points out of a possible of 24. The resulting number (22) will be divided by the number of questions answered and scored (in this example, four (4) questions were answered and scored) to equal the average score of 5.5 for the “Technical Lead” on that particular reference form. All subsequent forms will be calculated in the same manner and then averaged by the total number of forms submitted for the Bidder’s total final score for references. Each required staff person reference scores will be calculated in the same manner.}

{If any of the reference questions on any of the forms contain a rating of 0=Unsatisfactory, the proposal shall be deemed non-responsive and the Bidder must be disqualified.


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All questions must be rated with the exception of the desirables (DS) that contain an “N/A” rating.

{If any of the reference questions contain a rating of 0=Unsatisfactory, the proposal shall be deemed non-responsive and the Bidder shall be disqualified. If any one of the reference forms receives an average score below 3, the Bidder will be deemed non-responsive and will be the basis for rejecting the Bidder’s proposal.}

[Example Text #2:]

{Reference scores will be calculated by totaling the ratings from each reference form submitted. The total from each reference form will be summed and divided (averaged) by the number of reference forms submitted for each key staff. For example, if there are three (3) rating scores of 18, 22, and 24, from three (3) different projects for the “Project Manager”, they will be summed together to equal 64 out of a possible score of 72 (24x3). The resulting number will then be divided by three (3) (for the three (3) projects, 64/3=21) to equal a score of 21 for the “Project Manager”. This calculation will be performed for each of the required key staff. Each of the staff scores will be summed to produce the Bidder’s final evaluated total rating score. The total possible points for the staff Qualification reference forms are XX.}

7.4.4.5 Bidder and Staff Reference Checks

If needed to verify either the Bidder or key staff’s qualifications, the State will make two (2) attempts via phone or email to the reference contact identified on the Bidder or Staff Reference Form, to validate the claimed information and experience. The Bidder should ensure that its reference contacts are available for validation during the evaluation period identified in Section 2.3, Key Action Dates.

If the State has not received a response from the reference contact after the first attempt, a second attempt will be made. If no response is received after the second attempt, the State will contact the Bidder and request that the Bidder assist the State by having the reference respond to the State within a 48-hour period from the second attempted contact. If the evaluators are still unable to contact the reference, the Bidder’s proposal may be deemed non-responsive for failure to provide verifiable references, and the Bidder may be disqualified.

7.4.5 SOLUTION REQUIREMENTS EVALUATION

7.4.5.1 Functional and Non-Functional Requirements

The functional and non-functional requirements identified in Exhibit 21: Functional and Non-Functional Requirements, consist of (M), (MS), (MO), and (DS) requirements. The Bidder must provide complete responses to each (M), (MS) and (MO) requirements, as described in Section 4.2.1, Functional and Non-Functional requirements.


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The State will evaluate each functional and non-functional requirement, including any reference materials to which the State is specifically directed for additional information to determine whether the response fully addresses the requirements in accordance with the following criteria:

[INSTRUCTIONS: The Agency/state entity must establish the detailed evaluation criteria for the functional and/or non-functional requirements required for the solicitation in a table or exhibit format. The following types of tables or exhibits should include the following information, when applicable:]1. [Insert Table #] – Evaluation Criteria for the Mandatory (M) Function and Non-

Functional Requirements2. [Insert Table #] – Evaluation Criteria for the Mandatory Scored (MS) Function and

Non-Functional Requirements3. [Insert Table #] – Evaluation Criteria for the Desirable Scored (DS) Function and

Non-Functional Requirements

7.4.5.2 Deliverable Evaluation (Pass/Fail)Bidders must respond “Yes” that it agrees to produce each deliverable identified in Exhibit 22: Deliverables. The evaluation team will evaluate Bidder’s responses to every deliverable listed in Exhibit 22 to confirm compliance. If the Bidder responds with a “No” response to any deliverable, the State will determine if the deviation is material. If the deviation is material, the proposal will be deemed non-responsive and the Bidder disqualified.

7.4.5.3 Narrative Response(s) Requirements

[INSTRUCTIONS: Every solicitation is different, weighting of narratives, point distribution, areas of importance etc. and there are NO examples that will fit every solution perfectly. CDT STP usually does not provide examples until team discussions have occurred.

Keep the following in mind for the evaluation of non-cost factors: Evaluation criteria must be based directly on the solicitation requirements regardless if it is a pass/fail requirement or a scored requirement. Evaluation areas must be consistent with the Contract award objective and the solicitation requirements that are most important to an Agency/state entity. Evaluation criteria outside of the solicitation requirements or outside of the scope of the Contract cannot be used as these will provide a wide range of responses from the Bidders that lead to subjective scoring which cannot be applied consistently to the Bidders.

The development and use of standards is the key to uniform application of evaluation criteria. Standards establish the minimum level of acceptability for a requirement and provide the basis on which the ratings above and below the minimum level are set. Evaluation criteria are used by the evaluators to determine whether a proposal meets, exceeds, or fails to meet a solicitation requirement. Evaluation criterion provides a


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consistent and uniform measurement target, and promotes an objective evaluation of proposals.

Evaluation criteria should be: Structured to specify the minimum acceptable level and the levels above and below

the minimum that ratings can be assigned Developed using precise language that is clearly and easily understood by both the

Bidders and evaluators Structured to evaluate substance consistent with the minimum requirements of the

SOW.]

7.4.6 DEMONSTRATIONS (IF APPLICABLE)[INSTRUCTIONS: Demonstrations by the Bidders is normally required to afford the State the ability to verify and possibly score functional claims proposed by the Bidders in response to the system requirements such as a COTS functionality, corroborate the evaluation of the proposal, and/or confirm that the hardware and/or software proposed are actually in operation. This section, if used, provides the explanation of the procedure and rules for the demonstration. The evaluation criteria and points methodology must be included in this section. The details of the demonstration should be specified in enough detail to substantiate the responsiveness to the appropriate requirements of the solicitation. Additional detail, specific to the apparent selected Bidder, may be added as a result of the evaluation in order to verify the claims made in the proposal and to corroborate the evaluation.

If the system requirements are specified in a manner that allows different solutions, it is usually desirable to require the Bidders to furnish a demonstration plan in its proposal that delineates how they intend to demonstrate the requirements as it pertains to their solution. The following paragraphs are suggested as being appropriate.]

The demonstration is intended to afford the State the ability to verify the claims made by the Bidder in response to the requirements, corroborate the evaluation of the proposal, and/or confirm that the hardware and/or software proposed are actually in operation.

Demonstrations will be held at the [insert location]. {A laptop with internet connectivity and a projector will be provided for the purposes of the demonstration. The laptop is configured with Windows 7, Office 2010, and Internet Explorer 8. Additional laptop specifications including add-ons may be provided upon request at no additional cost to the State.}

Alternatively, the Bidder may choose to utilize its own equipment, but must also provide its own means for internet connectivity, if needed. {Bidder equipment will not be connected to the State network.}

Costs for developing and providing the demonstration, including travel to [location] if necessary, are entirely the responsibility of the Bidder and shall not be chargeable to


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the State. Failure of the Bidder to demonstrate that the claims made by the proposal in response to the solicitation requirements, if in fact true, may be sufficient to cause the proposal to be deemed non-responsive. The State reserves the right to determine whether or not the demonstration has been successfully passed.

The demonstration must be performed in accordance with the requirements specified in Exhibit X: [INSTRUCTIONS: Agency/state entity must develop an exhibit for demonstration requirements.]

7.4.7 CALCULATE BIDDER PROPOSAL NON-COST SCOREThe Bidder’s non-cost score is the sum of the Bidder’s qualification requirements score plus the bidder’s solution requirements score from the bidder’s Final Proposal. The table below is an illustration of this process.

Table 7-2Bidder Proposal Non-Cost Score Calculation

BidderHypothetical

Bidder Qualification Requirements

Score

HypotheticalBidder Solution Requirements

Score

HypotheticalBidder Proposal

Score Summation

A 150 points 750 points 900 points

B 175 points 775 points 950 points

C 100 points 650 points 750 points

NOTE: Point values in the example explain the calculations and have no other significance.

7.4.8 COST EVALUATIONAfter Section 3, Administrative Requirements and Section 4, Bid Requirements (including demonstrations) have been evaluated, the evaluation team will open the sealed cost (Bidder’s response to Volume 3) for those Bidders whose proposals have been deemed responsive and responsible. If a Bidder was determined to be non-responsive and/or not responsible during the evaluation of the administrative and bid requirements, the cost will remain unopened for that Bidder.

NOTE: If a Bidder’s cost fails to meet the requirement to be submitted under separate, sealed cover, the State may immediately deem the Bidder non-responsive and may discontinue evaluation of the proposal.

All cost worksheets will be validated to verify completeness and mathematical accuracy. If appropriate, errors will be corrected in accordance with Section 7.4.1. After costs


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worksheets have been verified for accuracy, the Bidder with the lowest proposed total cost will receive the maximum score of {1,000} points. All other Bidders will receive a proportionally lower score using the ratio of the lowest proposed total cost to the Bidder’s proposed total cost applied to the maximum points of {1,000}, as shown in the Bidder cost score formula Table 7-3 below:

Table 7-3Bidder Cost Score Formula

(Lowest proposed total cost) X {1,000} points = Bidder cost score(Bidder’s proposed total cost)

The cost score calculation example in Table 7-4, Bidder Cost Score Calculation example illustrates that Bidder C proposed the lowest cost and received the maximum points possible.

Table 7-4Bidder Cost Score Calculation

BidderBidder’s

Proposed Total Cost

Calculation Bidder Cost Score

A $500,000$300,000 X {1,000}

points600 points

$500,000

B $400,000$300,000 X {1,000}

points750 points

$400,000

C $300,000$300,000 X {1,000}

points1,000 points

$300,000

NOTE: Point values in this example explain the calculations and have no other significance.

7.4.9 SOCIOECONOMIC PROGRAMS[Agency/state entity should refer to the link below and the Broadcast Bulletins # P-18-15 and # P-19-15 on DGS’ website for additional information. http://www.documents.dgs.ca.gov/pd/smallbus/CUF/DVBEIncentiveRequireGoodIT.pdf ]

Bidders who claim preference points will be evaluated to determine whether they submitted the required forms, documents, exhibits, and/or the responses necessary to validate their qualification and eligibility for the claimed preference(s). If the State determines that the submitted information is insufficient or that the required documents do not otherwise validate the eligibility for points in any of the claimed programs, then the points for that program will not be added to the Bidder’s final overall proposal score.


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If the State is able to validate the Bidder’s claim, the qualified preference points will be applied to the Bidder’s final overall proposal score as illustrated in Table 7-8, Final Score and Rank Determination, provided that the Bidder’s proposal is not otherwise determined to be non-responsive to any mandatory requirements.

7.4.9.1 TACPA Preference (If Applicable)

[INSTRUCTIONS: The TACPA preference does not apply when the worksite is fixed by the terms of the Contract. If TACPA is not applicable remove this section]

The State will give preferences in accordance with the GC 4530-4535.3, for bidders who are California home based and who qualify for claimed preferences under the Target Area Contract Preference Act (TACPA) by computing and returning the appropriate forms described in the RFP. Where multiple preferences are claimed, the State will verify eligibility for the preferences and evaluate and apply preferences in accordance with the law.

Available evaluation preferences under TACPA are limited to nine percent (9%), five percent (5%) worksite, and one percent (1%) up to four percent (4%) workforce of the lowest total proposal price or $50,000.00, whichever is less. The TACPA preference is a dollar preference, applied against the Bidder’s proposed cost, before cost is evaluated and converted to points.

The State will verify Target Area Contract Preference Act (TACPA) preference and apply the TACPA Preference accordingly. The TACPA preference does not apply when the worksite is fixed by the terms of the Contract.

7.4.9.2 Small Business Preference

The State will verify Small Business/Non-Small Business preference claim and apply the five percent (5%) preference accordingly.

In accordance with Government Code §14835 et seq., bidders who qualify as a small business will be given a five percent (5%) preference for evaluation purposes only. The five percent (5%) preference is calculated on the total number of points awarded to the highest scoring non-small business that is responsible and responsive to the proposal requirements. The rules and regulations of this law, including the definition of a small business for the delivery of goods and services, are contained in the California Code of Regulations, Title 2, § 1896 et seq.

This five percent (5%) small business preference is also available to a non-small business claiming 25% California certified small business subcontractor participation. The five percent (5%) preference is calculated on the total number of points awarded to the highest scoring non-small business that is responsible and responsive to the


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proposal requirements and that is not subcontracting a minimum of 25% to a small business. Non-small business bidders claiming the five percent (5%) small business preference must commit to subcontract at least 25% of the net proposal price with one (1) or more California certified small businesses.

Completed certification applications and required support documents must be submitted to the Department of General Services Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the Final 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.

For an illustration of this process, refer to the example in Table 7-5, Small Business Preference Points Calculation. Points in this example explain the calculations and have no other significance.

The preference points for bidders A and B are based on five percent (5%) of the Bidder proposal score of Bidder C, the highest scorer of a non-small business, which is (1750.00 points) x (.05) = 87.5 points (rounded). Bidder C, which is neither a small business nor a non-small business subcontracting a minimum of 25 percent (25%) to a small business, receives no small business preference points.

Table 7-5Small Business Preference Points Calculation

Bidder Bidder Total Proposal Score

Small Business

Preference Claim?

Non-Small Business

Preference Claim?

Small Business Preference Points

Awarded

A 1,500.00 pts Yes No 87.50 ptsB 1,700.00 pts No Yes 87.50 ptsC 1,750.00 pts No No 0.00 pts

NOTE: Calculation is based on 5% of the Bidder with the highest “Bidder proposal score” that is a non-small business. In the example Table 7-5, Bidder C has the highest non-small business score.

7.4.9.3 DVBE Incentive[INSTRUCTIONS: Agency/state entity should refer to the link below and the Broadcast Bulletins # P-18-15 and # P-19-15 on DGS’ website for additional information. http://www.documents.dgs.ca.gov/pd/smallbus/CUF/DVBEIncentiveRequireGoodIT.pdf

Agency/state entity should replace the example points with points relevant to the solicitation.]


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In accordance with §999.5(a) of the Military and Veterans Code, for evaluation purposes only, the State shall provide an incentive to bidders who provide California-certified DVBE participation that exceeds the mandatory California-certified DVBE participation goal in the amounts shown in Table (insert table #) DVBE Participation Incentive Points.

The State will verify DVBE and apply the incentive accordingly. The DVBE Incentive points are a percentage of the total possible points. The maximum incentive for this procurement is five percent (5%) of the total points available, and is based on the amount of DVBE participation confirmed. The below table is an illustration of this calculation:

Table 7-6DVBE Participation Incentive Formula

Confirmed DVBE Participation

DVBE IncentivePercentage DVBE Incentive Points*

≥ 5% {5%} {100.00 (2,000 x .05)}4% - 4.99% {4%} {80.00 (2,000 x .04)}

3.1% - 3.99% {3%} {60.00 (2,000 x .03)}<3% {0%} {0.00}

7.4.10 BIDDER FINAL SCORE CALCULATION AND RANK DETERMINATIONThe evaluation team will calculate the Bidder’s final score. Table 7-7, Bidder Final Score Calculation example illustrates the Bidder’s final score that incorporates both preference and incentive points:

Table 7-7Bidder Final Score Calculation

BidderBidder Total

Proposal Score

Small Business

Preference Points

Awarded

Verified DVBE %

DVBE Incentive

Points Awarded

Bidder Final Score

A 1500.00 pts 87.50 pts 3% 60.00 pts 1647.5.00 pts

B 1700.00 pts 87.50 pts 4% 80.00 pts 1867.50 pts

C 1750.00 pts 0.00 pts 5% 100.00 pts 1850.00 pts

NOTE: Bidder final score calculation in Table 7-7 is an example that explains the calculations and has no other significance.


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7.4.11 SELECTING THE PROPOSED AWARDEEAward of Contract, if made, will be the responsible Bidder whose Final Proposal complies with all the requirements of the solicitation and any addenda thereto, except for such immaterial defects as may be waived by the State, and whose proposal achieves the {highest number of total points} for requirements, references, cost, and any preferences and/or incentives.

The State will determine which bidders are responsive and responsible. The State will determine which Bidder has the highest combined score for the bid requirements and cost, up to the maximum points, plus any preference and/or incentive points. The State will rank all qualified proposals by the Bidder final score and then recommend the Bidder with the highest Bidder final score to be the proposed awardee. Table 7-8 demonstrates how the final ranking determination is made:

Table 7-8Final Score and Rank Determination

Scoring ElementMax

Points Available

Bidder A Bidder B Bidder C

Meets all Administrative, Mandatory and Mandatory Optional Requirements.

Yes Yes Yes

Qualification Requirements (Bidder/Staff Qualifications/References)

200.00 150.00 175.00 100.00

Solution Requirements (Functional and Non-Functional, Narrative Response Requirements)

800.00 750.00 775.00 650.00

Total Non-Cost Score 1,000.00 900 950 750Cost (Before Preference/Incentives)

$500,000.00 $400,00.00 $300,000.00

TACPA Claimed No No NoTACPA Preferences Amt. $00.00 $00.00 $00.00 $00.00Cost after TACPA preference $500,000.00 $400,00.00 $300,000.00Total Evaluated Cost Score(points awarded)

1000 600 750 1000

Evaluated Score (points) non-cost and cost scores(before preferences/Incentives)

2000 1500 1700 1750

Initial Rank (Before preferences and incentives)

3 2 1

DVBE Participation claimed 3% 4% 5%


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DVBE Incentive Points 100.00 60.00 80.00 100.00Small Business Preference Points

87.50 87.50 87.50 0.00

Bidder Final Score 2,187.50 1647.50 1,867.50 1,850.00Final Rank 3 1 2

7.5 NEGOTIATIONSThe State of California reserves the right to negotiate. Should it be determined that it is in the State’s best interest, the State will conduct negotiations under PCC §6611. The purpose of the negotiation process is to maximize the State’s ability to obtain value effective based on the requirements and the evaluation factors set forth in the solicitation.

[INSTRUCTIONS: If the Agency/state entity is considering conducting the solicitation under PCC 6611, the Agency/state entity must submit a request to CDT STP using the process outlined in the DGS Negotiation Process Guide for IT Goods and Services. Upon CDT STP’s approval, the Agency/state entity must work with CDT STP Procurement Official to determine appropriate process and provide negotiation language information into the proposal that describes the negotiation process.

If the Agency/state entity is releasing the solicitation under the provisions of PCC 12100, Sections 7.5.1–7.5.5 should not be included in the solicitation.

If the Agency/state entity has determined upfront that negotiations will be conducted prior to contract award, the Agency/state entity must work with CDT STP Procurement Official to determine the appropriate language and negotiation process.

The following text in red is example language and used only for solicitations that are released under the provisions of PCC 6611 and not under the provisions of PCC 12100.

The example text below regarding negotiations (Sections 7.5.1–7.5.5) should be discussed with CDT STP prior to including it in the solicitation:]

Negotiations allow the State and Bidder an opportunity to discuss items that could, in the State’s opinion, enhance the Bidder’s proposal and potential for award. Negotiations are not intended to allow a Bidder to completely rewrite their proposal. The negotiations are exchanges between the State and the Bidder, which are undertaken with the intent of allowing the Bidder to revise their Final Proposal only in areas determined by the State during the negotiation process. Negotiations will be conducted either orally or in writing. These negotiations may include bargaining, such as persuasion, and alteration of assumptions and positions.

The State may discuss any aspect of the Bidder’s proposal that could, in the opinion of the State, be altered or explained to materially enhance the proposal’s potential for award. However, the State is not required to discuss every area where the Bidder’s


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proposal could be improved. The scope and extent of negotiation exchanges are the matter of the State’s judgment.

All aspects of the Bidder’s proposal are confidential until after the issuance of the notification of award.

7.5.1 PROCEEDING TO NEGOTIATIONS At the discretion of the State, the {top three (3)} highest scoring, compliant bidders will be determined eligible to participate in the negotiation process. At the discretion of the State, the State may invite Bidder(s) to participate in the negotiation process under the following Option 1 or Option 2:

[Option 1]

The State will invite and proceed with negotiations with the highest scoring compliant Bidder and may be awarded a Contract. If the State cannot come to an agreement with the highest scoring compliant Bidder, the State will determine the Bidder disqualified and will invite and proceed with negotiations with the next highest scoring compliant Bidder. This Bidder negotiation selection process will continue until the State completes negotiations with the final selected Bidder and may be awarded a Contract.

[OR][Option 2]

The State will invite and proceed with negotiations with all of the {top three (3)} highest scoring compliant bidders. Proposals will be re-evaluated and the Bidder with the highest scoring proposed may be awarded a Contract.

7.5.2 NEGOTIATION INVITATIONOnce compliant bidders are determined based on the applicable option (1 or 2), those bidders will be notified in writing: (1) that the State is initiating negotiations pursuant to Public Contract Code 6611(a); (2) the general purpose and scope of the negotiations; (3) the anticipated schedule for the negotiations; and (4) the procedures to be followed for negotiations.

At the discretion of the State, the State may invite Bidder(s) to participate in the negotiation process under Option 1 or Option 2 stated previously in negotiations Section 7.5.1:

Confirmation of Attendance: Bidder(s) who have been invited to participate in negotiations must confirm attendance, in accordance with the invitation instructions, within two (2) State business days of invitation.


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7.5.3 BEST AND FINAL OFFER SUBMISSION (BAFO)At the conclusion of negotiations, the State may request a best and final offer (BAFO) submission. The intent of the BAFO is to clarify and document understandings reached during negotiations. The State will establish a date and time for receipt of the BAFOs based on when the Bidder’s BAFO negotiations occur. A Bidder’s BAFO is an irrevocable offer for {120} calendar days following the scheduled date for submission of a final accepted BAFO. A Bidder may extend the offer in the event of a delay in Contract award.

BAFOs must be submitted to the location identified in Section 2.2.1, Procurement Official, by the specific date and time that will be communicated to each Bidder individually in writing. The BAFO submission must address the following:1. A supplemental proposal containing all negotiated/revised section(s) of the Bidder’s

original Final Proposal, any other revised area specifically required by the State to be included in the BAFO, and revisions made necessary in accordance therewith.

2. The supplemental proposal must include all changes made to negotiated section(s) of the Bidder’s original Final Proposal in tracked changes. Changes to the Bidder’s original Final Proposal that are not tracked in the supplemental proposal or otherwise identified may result in rejection of the proposal or cause for termination of the Contract.

3. An executive summary must accompany the supplemental proposal, identifying a list of all changes (other than non-substantive changes to formatting, punctuation and grammar) that have been made to the Bidder’s original Final Proposal. The Bidder must include and attest to the following statement within the Executive Summary:

“This Best and Final Offer (BAFO) is in response to {RFP XXX} and the changes identified in this executive summary represent all changes made to {Bidder’s name} Final Proposal previously submitted to the State. Any substantive change not included in this list is non-operative, non-binding, and will not be considered a part of the {Bidder’s name} BAFO.”

7.5.4 EVALUATION OF BAFO SUBMISSIONThe State will evaluate the BAFO submissions, based on topics negotiated. The State will document the evaluation process in accordance with the evaluation selection criteria outlined in the negotiation invitation letter.

7.5.5 SELECTIONUpon completion of evaluation of the BAFOs, final selection will be determined based on the responsive and responsible Bidder submitting the highest scoring (after


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preferences and incentives) supplemental proposal. The State reserves the right at any time to reject any or all proposals.

7.5.6 DEBRIEFINGA debriefing may be held within three (3) months after Contract award at the request of any Bidder for the purpose of receiving specific information concerning the evaluation. The discussion will be based primarily on the qualifications, solution requirements and cost evaluations of the Bidder’s Final Proposal. A debriefing is not the forum to challenge the solicitation specifications or requirements.

8 INFORMATIONAL ATTACHMENTSThe following attachments to this solicitation are informational for use in the solicitation process and do not need to be submitted with the Bidder’s proposal response. They can be found in Part 2 – Bidder Response:

1. Attachment 1: Template for Question Submittal. This attachment provides the format for a Bidder to submit questions regarding this solicitation.

2. Attachment 2: Template for Request for Changes Submittal. This attachment provides the format for a Bidder to submit requests for changes to this solicitation.

3. Attachment 3: Procedures for conducting protests under the Alternative Protest Process.

4. Attachment 4: Proposal Submission Checklist. This attachment references items to be submitted as part of the Final Proposal submission, but is not guaranteed to include all necessary items.

5. Attachment 5: Glossary of Terms. This attachment includes definitions, acronyms and abbreviations for terms used in the solicitation and in the SOW.

6. Attachment 6: Bidders’ Library.


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F

{INVITATION FOR BID (IFB)/REQUEST FOR PROPOSAL (RFP)}

{RFP/IFB (NUMBER)}

PART 2 – BIDDER RESPONSE

FOR

{Name of System or Project}

{Release Date}

Issued by:

STATE OF CALIFORNIA

{Agency Name and Mailing Address}

Part 1 of the solicitation template contains the Bidder and bidding instructions, proposal form instructions, solution requirements and instructions, and all other instructional/compliance information that the Bidder must meet in order to be considered responsive and responsible to the solicitation.

Part 2 of the solicitation template contains all forms a Bidder must complete and return with its Final Proposal, including the STD 213, SOW, administrative forms, qualification forms, requirement responses and all exhibits/attachments discussed in Part 1.

Disclaimer: The original PDF version and any subsequent solicitation addendums released by the Procurement Official of this solicitation remain the official version. In the event of any inconsistency between the Bidder’s versions, articles, attachments, specifications or provisions (which constitute the Contract), the official State version of the solicitation in its entirety shall take precedence.


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Add Agency/State Entity’s Logo

State of California {IFB/RFP (Enter number)}{Agency/state entity name} Part 2 – Bidder Response




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{RFP/IFB}

PART 2 – BIDDER RESPONSE


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APPENDIX A, STATEMENT OF WORK

[INSTRUCTIONS: The Agency/state entity must develop and attach the Statement of Work (SOW) as Appendix A.

The SOW is a formal document that captures the contractual obligations between the State and Contractor. It defines the work activities, deliverables, and timeline a Contractor must execute in performance of specified work for the State. The SOW is the most essential document in any solicitation and/or Contract. The SOW should include traceability to the solution requirements, Contractor requirements/responsibilities, payment milestones, and standard regulatory and governance terms and conditions.

Below is a link to the SOW Guidelines. The purpose of the guidelines is to provide Agencies/state entities with guidance to develop an SOW. It includes general information, recommendations, and section headers which are commonly used for large reportable information technology (IT) projects.]

To assist Agencies/State entities, the following resources can provide information in the development of the SOW.

SCM3: http://www.documents.dgs.ca.gov/pd/cmas/SOWMarch06-IM.pdf Statement of Work Guidelines: need hyperlink Requirements Guidelines: SIMM 170, A-D need hyperlink


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EXHIBIT 1:


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SOLICITATION FORMS

The following exhibits and attachments, of Part 2 of the solicitation template are the forms the Bidder must complete and return with Final Proposal, including the STD 213, SOW, administrative forms, qualification forms, bid requirement responses and all exhibits/attachments discussed in Part 1.


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{Add release date or date of the last addendum}STANDARD AGREEMENT

FOR IT GOODS/SERVICES ONLYEXHIBIT 1: SAMPLE STD 213, STANDARD AGREEMENT

STATE OF CALIFORNIA STANDARD AGREEMENT

REGISTRATION NUMBER:

STD. 213 (REVISED 07/12)PURCHASING AUTHORITY NUMBER: AGREEMENT NUMBER:

1. This Agreement is entered into between the State Agency and the Contractor named below

STATE AGENCY’S NAME

CONTRACTOR’S NAME

2. The term of this Agreement is:

mm/dd/yyyy through mm/dd/yyyy, or upon STP approval, whichever is later. (with two, one year optional extension years remaining)

3. The maximum amount if this Agreement is:

$

4. The parties agree to comply with the terms and conditions of the following attachments which are by this reference made a part of the Agreement:(*) General Provisions – Information Technology (GSPD – 401IT-09/05/2014) Appendix A, Statement of WorkExhibit 21, Functional and Non-Functional RequirementsExhibit 23, Cost Worksheets (*) RFP/IFB XX in its entirety(*) Contractor’s Final Proposal to RFP/IFB XX in its entirety

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.CONTRACTOR Statewide Technology Procurement

Use OnlyCONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)

Exempt per

BY (Authorized Signature) DATE SIGNED

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

BY (Authorized Signature) DATE SIGNED

PRINTED NAME AND TITLE OF PERSON SIGNING


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{Add release date or date of the last addendum}ADDRESS


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EXHIBIT 2: INTENT TO BIDCalifornia Department of TechnologyStatewide Technology ProcurementP. O. BOX 1810, MS Y12Rancho Cordova, CA 95741Phone: E-mail address:

We: (select one)

☐ Intend to submit a bid and has no problem with the solicitation requirements.

☐ Intend to submit a bid, but have one or more problem(s) with the requirements. Use the applicable form(s) to document your concerns on Attachment 1, Template for Question Submittal or on Attachment 2, Template for Request for Changes submittal, by the due dates specified in Section 2.3, Key Action Dates, of the solicitation.

☐ Does not intend to submit a bid and have one or more problem(s) with the solicitation requirements. Use the applicable form(s) to document your concerns on Attachment 1, Template for Question Submittal or Attachment 2, Template for Request for Change Submittal by the due dates specified in Section 2.3, Key Action Dates of the solicitation.

The individual to whom all information regarding this solicitation shall be transmitted is:

Name:

Address:

City, State and ZIP Code:

Telephone: FAX:

E-Mail:

Sincerely,

Name (Signature) Name and Title Email

Company Telephone Fax


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State of California [RFP/IFB (Enter number)]{Agency/state entity name} Part 2 – Bidder Response


EXHIBIT 3: CONFIDENTIALITY STATEMENT

As an authorized representative or corporate officer of the company name below, I have the authority to bind the company contractually, and I agree that all persons employed by this company will adhere to the following policy:

All information belonging to the California Department of Technology (CDT) or its affiliated agencies is considered sensitive and confidential and cannot be disclosed to any person or entity that is not directly approved to participate in the work required to execute this Agreement.

I certify that I will keep all project information including (but not limited to) information concerning the planning, processes, development or procedures of the project, and all communication with CDT or its affiliates related to any procurement process, confidential and secure. I will not copy, give or otherwise disclose such information to any other person unless CDT has on file a Confidentiality Statement signed by the other person(s), and the disclosure is authorized and necessary for the project. I understand that the information to be kept confidential includes, but is not limited to, specifications, administrative requirements, terms and conditions, concepts and discussions, as well as written and electronic materials. I further understand that if I leave this project before it ends, I must still keep all project information confidential. I agree to follow any instructions provided by the project relating to the confidentiality of project information.

I fully understand that any unauthorized disclosure I make may be basis for civil and/or criminal penalties. I agree to advise the Contract Manager immediately in the event of an unauthorized disclosure, inappropriate access, misuse, theft or loss of data.

I warrant that if my company is awarded the Contract, it will not enter into any agreements or discussions with a third party concerning such materials prior to receiving written confirmation from the State that such third party has an agreement with the State similar in nature to this one.

All materials provided for this Project, except where explicitly stated will be promptly returned or destroyed, as instructed by an authorized CDT representative. If the materials are destroyed and not returned, a letter attesting to their complete destruction, which documents the destruction procedures, must be sent to the Contract Manager before payment can be made for services rendered. In addition, all copies or derivations, including any working or archival backups of the information, will be physically and/or electronically destroyed within five (5) calendar days immediately following either the end of the Contract period or the final payment, as determined by the contracting Agency/state entity.

All personnel assigned to this project shall be provided a Confidentiality Statement and will be expected to sign and return it to the State’s project manager before beginning work on this project.

Representative Name: Title: Phone Number:

Company Name:

Address:

City/State/Zip Code:


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Signature:

Date:



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EXHIBIT 4: RESPONSE TO ADMINISTRATIVE REQUIREMENTSThe Bidder must indicate agreement to each of the Administrative Requirements in the table below as described in Section 3.9. By indicating “Yes,” the Bidder affirms that it understands the requirement and agrees to comply with the requirement. Answering “No” to any of the mandatory administrative requirements in the Final Proposal will deem the Bidder non-responsive and will be the basis for rejecting the Bidder’s proposal.[INSTRUCTIONS: Agency/state entity must modify the table to identify the sections from Section 3 that are relevant to the solicitation.]

IFB/RFP Section* Administrative Requirement – IFB/RFP Section 3 Bidder Agree Bidder Agree

3.1 Ability to Perform Yes

3.2 Primary Bidder3.3 Subcontractors3.4 Amendment 3.5.1 Financial Stability3.6 General Provisions3.6.1 General Provisions – Information Technology3.6.2 Cloud Computing Services Special Provisions3.7 Commercial General Liability3.20 Socioeconomic Programs3.21 Productive Use Requirements3.21.1 Customer In-Use3.21.3 Hardware/Equipment3.22 Public Works Requirement3.22.1 Laws to be Observed


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EXHIBIT 5: BIDDER DECLARATION GSPD 05-105

ATTACH THE BIDDER DECLARATION GSPD-05-105 AS EXHIBIT 5.

The Bidder Declaration GSPD-05-105 and its instructions are available as a fill and print PDF at: http://www.documents.dgs.ca.gov/pd/poliproc/Master-Biddeclar08-09.pdf


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EXHIBIT 6: SECRETARY OF STATE CERTIFICATION

ATTACH A COPY OF THE BIDDER’S SECRETARY OF STATE CERTIFICATION STATUS AS EXHIBIT 6.

[ADDITIONAL INSTRUCTIONS: The following statement clarifies when businesses must file formation documents with the CA Secretary of State’s office. Business who must file are a Corporation, Limited Liability Company, Limited Partnership, General Partnership and Limited Liability Partnership. A Sole Proprietorship is not required to file formation documents with the California Secretary of State’s office.]

For more information on certification/status of registration, refer to the following website link:



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EXHIBIT 7: WORKERS’ COMPENSATION CERTIFICATION

The undersigned in submitting this document hereby certifies the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this Contract.

Signature Date

Name and Title (Print or Type) Street Address

Firm Name City, State, ZIP code


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EXHIBIT 8: SELLER’S PERMIT CERTIFICATION

ATTACH A COPY OF THE CALIFORNIA SELLER’S PERMIT AS EXHIBIT 8.

For more information on a seller’s permit or certification of registration, refer to the following links:

http://boe.ca.gov/

http://boe.ca.gov/pdf/pub73.pdf


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EXHIBIT 9: PAYEE DATA RECORD

ATTACH THE STD. 204, PAYEE DATA RECORD AS EXHIBIT 9.

Refer to the following website link to obtain the appropriate form and information for the Payee Data Record (STD 204): http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf


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EXHIBIT 10: IRAN CONTRACTING ACT OF 2010

IRAN CONTRACTING ACT

(Public Contract Code § 2202-2208)

Prior to bidding on, submitting a proposal or executing a Contract or renewal for a State of California Contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code § 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or Contract pursuant to Public Contract Code § 2203(c) or (d).

To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: California law (Public Contract Code § 2205) establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the Contract for which the false certification was made; Contract termination; and three-year ineligibility to bid on Contracts.

OPTION #1 - CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Vendor Name/Financial Institution (Printed): Federal ID Number (or n/a):

By (Authorized Signature):

Printed Name and Title of Person Signing:

Date Executed: Executed in:


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EXHIBIT 10: IRAN CONTRACTING ACT OF 2010, continued.

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code Sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enter into or renew a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed): Federal ID Number (or n/a)


Printed Name and Title of Person Signing: Date Executed:


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EXHIBIT 11: CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to Public Contract Code Section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION

I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of


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EXHIBIT 12: BOND AND OTHER SECURITY DOCUMENTS

ATTACH A COPY OF THE BOND DOCUMENT REQUIRED WITH FINAL PROPOSAL SUBMITTAL PER RFP SECTION 3.19 AS EXHIBIT 12.


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EXHIBIT 13: DVBE DECLARATIONS

ATTACH THE STD 843, DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS AS EXHIBIT 13.

The STD. 843, Disabled Veteran Business Enterprise Declarations and its instructions are available as a fill and print PDF at:

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf


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EXHIBIT 14: BIDDING PREFERENCES AND INCENTIVES

THE BIDDER MUST COMPLETE ALL SECTIONS BELOW AND SUBMIT WITH ITS PROPOSAL.

1. SMALL BUSINESS PREFERENCE:

Bidder must check the appropriate box from the choices below.

☐ I am a DGS certified Small Business and claim the Small Business Preference.My DGS Small Business certification number is:

☐ I have recently filed for DGS Small Business Preference but have not yet received certification, but I am claiming the Small Business Preference.

☐ I am not a DGS certified Small Business, but 25% or more of the revenue from the award will go to DGS certified Small Business subcontractors performing a Commercially Useful Function and therefore I am claiming the preference.

Bidder must complete and submit Exhibit 5: GSPD-05-105 Bidder Declaration, indicating the percentage of the revenue that will be received by each DGS certified Small Business subcontractor. The form can also be found at the following link:

http://www.documents.dgs.ca.gov/pd/poliproc/Master-Biddeclar08-09.pdf

☐ I am not claiming the DGS Small Business Preference.

2. DVBE INCENTIVE:

Bidder must check the appropriate box from the choices below.


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☐ I am a DGS certified DVBE. A copy of my STD. 843 form is attached.

☐ I have recently filed for DGS DVBE certification, but have not yet received certification.

☐ I am not a DGS certified DVBE, but a percentage of the revenue will be going to DGS certified DVBE Subcontractors performing a Commercially Useful Function, and therefore I am claiming the DVBE incentive.

Bidder must submit a complete Exhibit 5: GSPD-05-105, Bidder Declaration, indicating the percentage of the revenue that will be received by each DGS certified DVBE subcontractor. Bidder must also submit an Exhibit 13, STD 843 DVBE Declarations, for each DVBE subcontractor, signed by the DVBE owner/manager. The form can be found on the following link:http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

☐ I am not claiming the DVBE incentive.

EXHIBIT 14: BIDDING PREFERENCES AND INCENTIVES, continued

3. ADDITIONAL BIDDING PREFERENCES:

The Bidder shall check the appropriate box from the choices below.

☐ I am not claiming the TACPA preference.

☐ I am claiming the TACPA bidding preference.

Bidder must submit Exhibit 16: TACPA Preference Request Forms. The forms can be found on the following link:http://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf

Name of Bidder:

Signature and Date:


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EXHIBIT 15: COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION

THE BIDDER MUST COMPLETE AND SUBMIT WITH ITS PROPOSAL.

Bidder Name:

Subcontractor Name (submit one form for each SB/DVBE (prime and/or subcontractor(s)) :

Mark all that apply: DVBE: ☐ Small Business: ☐ Micro Business: ☐ N/A: ☐

All certified small business (SB), micro business (MB), and/or DVBE Contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code Section 14837 (for SB), Military and Veterans Code Section 999 (for DVBE), and Title II California Code of Regulations, Section 1896.4 and 1896.62.

Answer questions 1-5 below, as they apply to your company for the goods and/or services being acquired in this solicitation. A California certified SB, MB, or DVBE business must be deemed to perform a Commercially Useful Function (CUF) by meeting ALL of the following CUF requirements for Contract award consideration.

1. Is responsible for the execution of a distinct element of the resulting Contract. Yes ☐ No ☐2. Carries out its obligation by actually performing, managing, or supervising the

work involved.Yes ☐ No ☐

3. Performs work that is normal for its business services and functions. Yes ☐ No ☐4. Is responsible, with respect to products, inventories, materials, and supplies

required for the Contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment. If this is a SERVICE with NO goods involved, check N/A and go to #5.

Yes ☐No ☐

orN/A ☐

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

Yes ☐ No ☐

If the answer to any of the five (5) questions is “NO” (except for #4 when marked with “N/A”), may result in your proposal being deemed non-responsive.

The Bidder must provide a written statement below detailing the role, services and goods the subcontractor(s) will provide to meet the commercially useful function requirement. If the Bidder is not claiming a SB or DVBE, indicate “Not claiming a preference” in the box below.

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

By signing this form, the undersigned Bidder certifies that the Certified Small Business or DVBE satisfies the Commercially Useful Function requirement, and will provide the role, services, and/or goods stated above.


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Bidder Signature:

Bidder Printed/Typed Name and Title:



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EXHIBIT 16: TACPA PREFERENCE REQUEST FORMS

ATTACH THE TACPA PREFERENCE REQUEST FORMS AS EXHIBIT 16.

[The Department of General Services (DGS), Procurement Division’s (PD), Dispute Resolution Unit (DRU) will process all TACPA site evaluations per Bulletin #: P-14-15. Refer to DGS’ website at http://tacpa.dgs.ca.gov/ for more information and/or any additional forms that must be included in the solicitation.]

INSTRUCTIONS: The TACPA preference must be included in the IFB/RFP except when the worksite is fixed by the terms of the contract (GC 4533). If the TACPA preference does not apply, the solicitation does not need to include the preference, however it must be stated that it is not applicable and why.

Bidders wishing to take advantage of this preference will need to review the website below and submit the appropriate response forms as Exhibit 16: TACPA Preference Request Forms, with Final Proposal.

The required applications/forms are as follows: • TACPA (Std. 830) • Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 525) • Manufacturer Summary of Contract Activities and Labor Hours (DGS/PD 526).



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http://tacpa.dgs.ca.gov/





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EXHIBIT 17: LIST OF PROPOSED SUBCONTRACTORS (PUBLIC WORKS)(APPLICABLE FOR INSTALLATIONS ONLY)

Listed hereinafter is the name and address of each subcontractor who will be employed and the kind of work which each will perform if the Contract is awarded to the aforesigned. I understand that under Government Code Section 4100 through 4113 (see note below), I must here clearly set forth the name and address of each subcontractor who will perform work or labor or render service to me in or about the construction of the work in an amount in excess of one-half of one percent (1/2 of 1%) of my total proposal and that as to any work in which I fail to do so, I agree to perform that portion myself or be subject to penalty under the act.

IF MORE THAN ONE SUBCONTRACTOR IS LISTED FOR THE SAME TYPE OF WORK, SPECIFY THE PORTION OF THAT TYPE OF WORK THAT THE INDIVIDUAL SUBCONTRACTOR WILL BE PERFORMING. LIST THE SUBCONTRACTORS’ APPLICABLE CONTRACTOR’S LICENSE NUMBER(S), IF AVAILABLE. VENDORS OR SUPPLIERS OF MATERIALS ONLY NEED NOT BE LISTED.

If additional space is required for the listing of proposed subcontractors, reproduced additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of the Final Bid proposal.

SUBCONTRACTORNAME AND ADDRESS

TYPE OF WORK LICENSE NO. EXPIRATION DATE

NOTE: The above listing requirement will for purposes of this proposal be construed in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (“The Act”) as set forth in Government Code Sections 4100 through 4113. Also, for purposes of this proposal and interpretation of The Act, a vendor will be considered to be a Prime Contractor regardless of whether such vendor is or is not a licensed Contractor.


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EXHIBIT 18: CONTRACTOR’S LICENSE INFORMATION(Installation Services Only)

Bidder shall complete the applicable contractor’s license information below in accordance with the Contractor’s State License Board, Department of Consumer Affairs. A Contractor’s license of appropriate Class {Agency conducting the bid must specify the Class of license required for the specific solicitation} is required before any Bidder can contract business (e.g. submit a proposal) which includes the installation of cable and wiring, electrical modification. In addition, if structural modifications are required, a Class B license is required.

CONTRACTOR:

Class License No:

Licensee: Expiration Date:

Note: Bidder (Firm’s Name or a Responsible Managing Employee) must be licensed in addition to all subcontractor(s) performing under this Contract.

SUBCONTRACTOR 1:

Class License No:


Relationship of Licensee to Contractor:

SUBCONTRACTOR 2:

Class License No:


Relationship of Licensee to Contractor:

(Use additional sheets if necessary.)


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EXHIBIT 19: BIDDER QUALIFICATION FORM – INSTRUCTIONS

The Bidder must complete Exhibit 19.1 with the qualifying project information being used to meet the minimum experience required for this project. A separate exhibit must be completed for each project used to meet the minimum mandatory requirements. [INSTRUCTIONS: Agency/state entity must ensure that Section 4.1.1 is consistent with this exhibit. Exhibit 19.1 must clearly specify the Bidder’s minimum experience requirements needed to meet the objective of the project.]

Exhibits 19.1 will be used by (Agency/state entity) to evaluate Bidder’s qualifications. The Bidder must specify the required experience in the pertinent row for each requirement in Exhibit 19.1. Use additional forms as needed to complete each response. (Agency/state entity) may contact references listed on Exhibit 19.2 to verify the information provided by the Bidder. Any conflicting information may result in the bid being deemed non-responsive.

All experience must have occurred within five (5) years prior to the solicitation release date, unless stated otherwise.

The Bidder must complete Exhibit 19.1, Bidder Qualifications Form in accordance with the instructions provided below. One attachment must be completed for each separate project used to meet the minimum mandatory experience requirements.

All dates must be in MM/DD/YYYY format.

Contact person for Bidder’s references must not be an employee of [Agency/state entity to insert specific unit in the Agency/state entity. This is intended to avoid the Bidder using an evaluation member as a reference which would be a conflict of interest). The reference and contact name(s) must be from the end user of the development project. References from another contractor or contracting company are not acceptable.

Bidder’s references may be contacted to verify information provided by the Bidder.

Box 1, Bidder: Provide the company name of the Bidder submitting the proposal.

Box 2, Project Name: Provide the name of the project.

Box 3, Company Name of the Bidder’s reference. Identify the company for whom the project was completed.

Box 4, Contact name and contact information of the Bidder's reference. Identify the contact information from whom the project was completed. Enter the name, title, e-mail address, and phone number for the reference contact for the project. By submitting a proposal, the Bidder declares that the reference person identified is/was employed by the company identified in box 3. This reference must be the same person identified in the Bidder Reference Form (Exhibit 19.2).

Boxes 5 and 6, Start Date and End Date: Provide the start and end date that the Bidder worked on the cited project using MM/DD/YYYY format.

Box 7, Project Description: Provide a brief description of the nature of the Bidder’s cited project. The description should include those elements that are similar to the State’s project as described in the solicitation.

Box 8, Check the appropriate response, “Yes” or “No”. If the “No” box is checked, time spent on that project will


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not count towards Bidder experience.

Box 9, Check the appropriate response, “Yes” or “No” or “On-going” [INSTRUCTIONS: Agency/state entity to determine if only completed projects can be used for experience.]

Box 10, Project Contract Amount: Provide the dollar amount in currency format of the project contract value.

Box 11, Instructions for documenting the years of experience gained from the project cited.

EXHIBIT 19: BIDDER QUALIFICATION FORM – INSTRUCTIONS, continued

Note: It is the Bidder’s responsibility to ensure that each minimum experience requirement is met in full and is addressed in the Bidder qualification forms in order for the State to determine compliance to the requirements. If the State cannot determine that the years of experience for each of the minimum experience requirements have been met, Bidder’s proposal may be deemed non-responsive.

[INSTRUCTIONS: Agency/state entity to define all the criteria elements to avoid any misinterpretation or assumptions of the qualification requirements.

EXAMPLE DEFINITIONS:]

1. If the required qualification indicates the experience must be on a large-scale and complete complex IT project, the Bidder and reference must use the following definitions: Large-scale is defined as greater than 1000 users A complex IT project is defined as a multi-segmented environment consisting of two or more disparate

sites/locations.

2. Satisfactory – Bidder Qualification Reference Form rating is not lower than a “2”.


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EXHIBIT 19.1: BIDDER QUALIFICATIONS FORM

[INSTRUCTIONS: The text provided in the “Mandatory Experience” column only represents an example of the intent of this form.] Agency/state entity must develop the minimum mandatory and/or desirable Scored Requirements, as needed.]

The Bidder may use multiple projects to meet the total experience required for each mandatory experience and, if applicable, desirable experience. A separate form must be completed for each project cited.

1 Bidder:

2 Project Name:

3 Company Name of Bidder’s reference:

4 Contact Name and Title, Email Address and Telephone Number of Bidder’s reference:

5 Start Date (MM/DD/YYYY):

6 End Date (MM/DD/YYYY):

7 Project Description:

8 Was the Bidder that performed the work the Prime Contractor? Yes ___ No ___

9 Did the Bidder complete the project? Yes ☐ No ☐ On-going ☐ (see line #6 for Contract completion date)

10 Project Contract Amount: $

11 For each mandatory experience and, if applicable, desirable experience listed below, check “Yes” if the total years of experience was met on this referenced project; check “No” if none of the experience was met on this referenced project; or check “Partial” if fewer than the total years of the experience was met on this referenced project. If partial or total experience was met (checked), enter the years and/or months of “Experience gained on this referenced project” and describe the Bidder’s role and responsibilities performed on the project in the “Description of services provided” field.

Number

Classification Mandatory Experience

Total Experienc

e Required

Experience gained on this cited Project

1M

Three (3) years of experience integrating large-scale and complex application architecture in a government data center.

[INSTRUCTIONS: Agency/state entity must add the minimum Mandatory and/or Desirable Scored Requirements and the appropriate number rows in this table for each requirement.]

3 Years

Yes ☐No ☐Partial ☐

Yr.___ Mo.___

Description of services provided:


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EXHIBIT 19.2: BIDDER REFERENCE FORM

[INSTRUCTIONS: The text provided in the form only represents an example of the intent of this form.]

Bidder Instructions: Complete items 1-6 of this Exhibit 19.2, Bidder Reference Form. One (1) form must be used for each corresponding Exhibit 19.1 submitted. The Bidder’s reference contact must complete the remainder of this form. The reference information below must be consistent with the corresponding Exhibit 19.1. Bidder must submit a copy of the completed Exhibit 19.1 and the corresponding Exhibit 19.2 , to references for completion.

Instructions to the Bidder’s Reference: Using the rating scale in the “Reference Satisfaction Rating” field, rate your satisfaction with the Bidder who performed the services described on Exhibit 19.1. Sign and date this Exhibit 19.2 and return the form(s) to the Bidder.

1 Bidder:

2 Project Name:

3 Company Name of Bidder’s reference:

4 Contact Name and title, Email Address, and Telephone Number of Bidder’s reference:

5 Bidder’s involvement in this project (role and responsibilities):


Satisfaction Rating to be completed by the Bidder’s reference:

Using the following scale:0 = Unsatisfactory, 1 = Marginal, 2 = Satisfactory, 3 = Excellent, N/A = Not Applicable

Circle only one number for each question below.

7 How would you rate the Bidder’s effectiveness at implementing or supporting a State, County or City government registry system?

0 1 2 3

8 Was the immunization registry system an instance of WIR? Yes No N/A

9How would you rate the Bidder’s effectiveness at transforming, consolidating, de-duplicating and integrating data from multiple sources into a single registry database?

0 1 2 3

10 How would you rate the Bidder’s effectiveness at integrating application architectures within a central government data center?

0 1 2 3


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11How would you rate the Bidder’s effectiveness at developing and/or implementing a statewide training program for users of a registry system?

0 1 2 3

EXHIBIT 19.2: BIDDER REFERENCE FORM, continued

12 How would you rate the Bidder’s effectiveness at providing skilled staff?

0 1 2 3

13 How would you rate the Bidder’s effectiveness at providing quality and timely responses to users’ questions and concerns?

0 1 2 3

14 How would you rate the quality and professionalism of the Bidder’s staff?

0 1 2 3

15 How would you rate the Bidder’s effectiveness at managing project resources?

0 1 2 3

16 How would rate the Bidder’s ability to manage project milestones, deliverables, and timelines?

0 1 2 3

17 How would you rate the Bidder’s overall performance? 0 1 2 3

Total Possible Points 30

By signing below, I declare that I have reviewed the information contained in Exhibit 19.1 and that the information is true and correct.

Reference Signature: Date:

Printed Name:

Reference Title or role on the project:

Reference Email:

Reference Phone:


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EXHIBIT 20: KEY STAFF QUALIFICATIONS FORM – INSTRUCTIONS

The Bidder must complete Exhibit 20.1 through Exhibit 20.XX with the qualifying project information for each key staff used to meet the minimum experience required for this project. A separate Exhibit must be completed for each project used to meet the minimum mandatory requirements for each key staff. [INSTRUCTIONS: Agency/state entity must ensure that Section 4.1.3 is consistent with this exhibit. Exhibit 20.1 must clearly specify the minimum experience requirements for each staff needed to meet the objective of the project.]

Exhibits 20.1 will be used by the State to evaluate key staff’s qualifications. The Bidder must specify the required experience in the pertinent row for each requirement in Exhibit 20.1 – 20.XX. Use additional forms as needed to complete each response. (Agency/state entity) may contact references listed on Exhibit 20.2 – 20.XX to verify the information provided by the Bidder. Any conflicting information may result in the bid being deemed non-responsive.

All dates must be in MM/DD/YYYY format.

All experience must have occurred within the last seven (7) years prior to the IFB release date.

Contact person for staff’s references must not be an employee of (Agency/state entity to insert specific unit in the Agency/state entity. This is intended to avoid the Bidder using an evaluation member as a reference which would be a conflict of interest). The reference contact name(s) must be a representative of the company for which the project was developed. References from another contractor or contracting company are not acceptable.

Box 1, Bidder: Provide the company name of the Bidder submitting the proposal.

Box 2, Key Staff Name: Provide the name of the Bidder’s proposed key staff for the {enter name of project} project.

Box 3, Staff’s Referenced Project Name: Provide the project name for key staff’s referenced project.

Box 4, Company Name of key staff’s reference: Provide the company name of the key staff’s reference.

Box 5, Contact Information of staff’s reference: Identify the contact information for whom the project was completed. Enter the name, title, e-mail address, and phone number for the reference contact for the project. By submitting a proposal, the Bidder declares that the reference person identified is/was employed by the company identified in box 4. This reference must be the same person identified in the Bidder’s Key Staff Reference Forms (Exhibits 20.2 through 20.XX).

Provide the name of the individual from the company that received services from the key staff. Employee references are not acceptable.

Boxes 6 and 7, Staff Start Date and End Date: Provide the start and end dates the key staff worked on the cited project using MM/DD/YYYY format.

Box, 8, Project Description: Provide a brief description of the nature of the Bidder’s cited project. The description should include those elements that are similar to the State’s project as described in the solicitation.

Box 9, Project Contract Amount: Provide the dollar amount in currency format of the project contract value.

Box 10, Instructions for documenting the years of experience gained from the project cited.


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Note: It is the Bidder’s responsibility to ensure that each minimum experience requirement is met in full and addressed in the staff qualification forms in order for the State to determine compliance to the requirements. If the State cannot determine that the years of experience for each of the minimum experience requirements has been met, the Bidder’s proposal may be deemed non-response.


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EXHIBIT 20: STAFF QUALIFICATIONS FORM – INSTRUCTIONS, continued

[INSTRUCTIONS: Agency/state entity to define all the criteria elements to avoid any misinterpretation or assumptions of the qualification requirements.]

EXAMPLE DEFINITIONS:

1. If the required qualification indicates the experience must be on a large-scale and complete complex IT project, the Bidder and reference must use the following definitions: Large-scale is defined as greater than 1000 users A complex IT project is defined as a multi-segmented environment consisting of two or more disparate

sites/locations.2. Satisfactory – Staff Reference Form rating is not lower than a “3”..


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EXHIBIT 20.1: {STAFF} - QUALIFICATIONS FORM

[INSTRUCTIONS: The text provided in the “Mandatory Experience” column only represents an example of the intent of this form. Agency/state entity must develop the minimum mandatory and/or desirable Scored requirements, as needed.]

The Bidder may use multiple projects to meet the total experience required for each mandatory experience and, if applicable, desirable experience. A separate form must be completed for each project cited.

1 Bidder:

2 Key Staff Name:

3 Staff’s Referenced Project Name:

4 Company Name (of staff’s reference):

5 Contact Name, Email Address and Telephone Number (of Staff’s Reference):

6 Staff Start Date (MM/DD/YYYY):

7 Staff End Date (MM/DD/YYYY):


9 Project Contract Amount:

10

For each mandatory experience and, if applicable, desirable experience listed below, check “Yes” if the total years of experience was met on this referenced project; check “No” if none of the experience was met on this referenced project; or check “Partial” if fewer than the total years of the experience was met on this referenced project. If partial or total experience was met (checked), enter the years and/or months of “Experience gained on this referenced project” and describe the Staff’s role and responsibilities performed on the project in the “Description of services provided” field.

Number Classification Mandatory ExperienceTotal

Experience Required

Experience gained on this cited

Project

11M

Seven (7) years of experience as a PM.[INSTRUCTIONS: Agency/state entity must add the minimum Mandatory and/or Desirable Scored Requirements and the appropriate number rows in this table for each requirement.]

7 Years Yes ☐No ☐Partial ☐

Yr.___ Mo.___

MFour (4) years of experience as a Senior PM on a large complex IT project.

4 Years


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12M

Project Management Institution (PMI) Project Management Professional (PMP) certification.

Attach Certificate N/A


EXHIBIT 20.1: {STAFF} - QUALIFICATIONS FORM, continued

13DS

One (1) to three (3) years of experience as the Project Manager implementing or maintaining a registration system.

Two (2) points per year up to three (3) years of satisfactory Project Manager experience. To receive DS points for this requirement, the following conditions must be met:

The (insert type) system must be for a state, county or city government with a population greater than 1,000,000 people.

(2 pts. X 3 years = 6 maximum points possible.

1-3 Years Yes ☐No ☐Partial ☐

Yr.___ Mo.___


Total Maximum Points Possible:


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EXHIBIT 20.2: {STAFF} - REFERENCE FORM

[INSTRUCTIONS: The text provided in the form only represents an example of the intent of this form.]

Bidder Instructions: Complete items 1-5 of this Exhibit 20.2, Staff Reference Form. One (1) form must be used for each corresponding Exhibit 20.1 submitted. The Bidder’s key staff reference contact must complete the remainder of this form. The reference information below must be consistent with the corresponding Exhibit 20.1. Bidder must submit a copy of the completed Exhibit 20.1 and the corresponding Exhibit 20.2 , to the staff’s reference(s) for completion.

Instructions to the staff’s Reference: Using the rating scale in the “Reference Satisfaction Rating” field, rate your satisfaction with the staff that performed the services described on Exhibit 20.1. Sign and date this Exhibit 20.2 and return the form(s) to the Bidder.

1 Bidder:

2 Bidder’s Key Staff Name:

3 Project Name:

4 Company Name of key staff’s reference:

5 Contact Name and title, Email Address, and Telephone Number of staff’s reference:

Satisfaction Rating to be completed by the Staff’s Reference:Using the following scale: 0 = Unsatisfactory, 2 = Marginal, 3 = Satisfactory, 4 = Exceeds Expectations, 6 = Excellent, N/A = Not Applicable

Circle only one number for each question below.6 How would you rate the individual’s overall performance? 0 2 3 4 6

7 How would you rate the individual’s effectiveness at communicating (orally and in writing) with project members and stakeholders?

0 2 3 4 6

8 How would you rate the individual’s effectiveness in dealing with conflicting priorities?

0 2 3 4 6

9How would you rate the individual’s effectiveness as the project manager at implementing or maintaining a state, county, or city immunization registry system?

0 2 3 4 6 N/A

10 Was the immunization registry system an instance of WIR? Yes No N/A

By signing below, I declare that I have reviewed the information contained in Exhibit 20.1 and that the information is true and correct.

Reference Signature: Date:

Printed Name:

Reference Title or role on the project:


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Reference Email:

Reference Phone:



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EXHIBIT 21: FUNCTIONAL AND NON-FUNCTIONAL REQUIREMENTSThe Bidder must indicate agreement to each of the functional and non-functional requirements in the table below as described in Section 4.2.1. By indicating “Yes,” the Bidder affirms that it understands the requirement and agrees to comply with the requirement. Answering “No” to any of the mandatory functional and non-functional requirements in the Final Proposal will result in the proposal being deemed non-responsive. [INSTRUCTIONS: Agency/state entity must create a table that lists the functional and non-functional requirements relevant to the solicitation and must be in line with the description/instructions in Section 4.2.1.]


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EXHIBIT 22: DELIVERABLES TABLEBidder must indicate agreement to each of the {deliverables and/or milestones etc.} listed in the table below as described in Section 4.2.1. By indicating “Yes,” the Bidder affirms that it understands the requirement and agrees to comply with the requirement. Answering “No” to any of the mandatory {deliverables and/or milestones etc.} in the Final Proposal will result in the proposal being deemed non-responsive. [INSTRUCTIONS: Agency/state entity must create a table that lists the {deliverables and/or milestones etc.} requirements relevant to the solicitation and must be in line with the description/instructions in Section 4.2.1.]


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EXHIBIT 23: COST WORKSHEETS

a) Refer to the Excel Workbook file on Cal eProcure labeled, “Exhibit 23: Cost Worksheets” for submission of your Cost Data. [INSTRUCTIONS: The sentence above is intended to let bidders know that the cost worksheets will be in MS excel and posted as a separate document outside of Part 1 and Part 2 documents.

b) The cost worksheets shall be completed in accordance with the instructions in the Section 5, Cost and Section 6, Proposal/Bid Format and Submission Requirements. Cost worksheets shall be submitted with the Bidder’s Final Proposal in Volume 3, in a separately sealed envelope.

c) [INSTRUCTIONS: Unanticipated Cost worksheets should also be included in this section.]


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EXHIBIT 24: RESPONSIBILITY CERTIFICATION

[INSTRUCTIONS: The information obtained from the Bidder’s response to this section should be discussed during confidential discussions. Depending on the risks and complexity of the project, any disparaging information provided by the Bidder must be discussed with Agency/state entity and CDT STP’s legal staff to determine how the State will move forward with the solicitation.]

By signing and submitting this certification, the Bidder is providing the certification as set out below:

The Bidder certifies to the best of its knowledge and belief that the Bidder, the Bidder’s subcontractor(s) or any personnel related to the Contract to be awarded are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency.

Vendor Name (Printed): Federal ID Number (or n/a)


Printed Name and Title of Person Signing: Date Executed:


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State of California {RFP/IFB (Enter number)}{Agency/state entity name} Part 2 – Bidder Response


EXHIBIT 25: BIDDERS’ LIBRARY (APPLICABLE/NOT APPLICABLE)

[Agency/state entity to add additional exhibits, as needed]


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ATTACHMENT 1: TEMPLATE FOR QUESTION SUBMITTAL

[INSTRUCTIONS: This attachment provides the format for a Bidder to submit questions regarding this solicitation and is not required to be submitted with proposal responses.]

The Bidder is required to use this form when submitting questions to the Procurement Official listed in Section 2.2.1. Instructions are as follows:

Name of Bidder – Provide the name of the bidding firm

Contact Person – Provide the name of the person to contact if the State needs clarification about the question.

Contact Email and Phone Number – Provide the email and phone number (including area code) for the listed contact person.

Q # – Sequentially number each question, always starting at one (1) for each submission.

Section/Document(s) – Identify the section or document the request pertains to, such as “Section 5.4, Sales Tax.”

Page # – Identify the page number of the section/document name or title the question pertains to.

Question – Write the question in this column.

Expand or reduce the number of rows to accommodate the number of questions.

Table-1 Question Submittal FormSOLICITATION Bidder Question Form

Name of Bidder:

Contact Person:

Contact Email and Phone Number:

Q # Section/Document(s) Page # Question

1

2

3

4


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ATTACHMENT 2: TEMPLATE FOR REQUEST FOR CHANGE SUBMITTAL

[INSTRUCTIONS: This attachment provides the format for which a Bidder shall submit requests for changes to this solicitation and is not required to be submitted with your solicitation response.]

The Bidder is requested to use this form when submitting request for changes to the Procurement Official listed in Section 2.2.1. Instructions are as follows:

Name of Bidder – Provide the name of the Bidding firm.

Contact Person – Provide the name of the person to contact if the State needs clarification about the request for change.

Contact Email and Phone Number – Provide the email and phone number (including area code) for the listed contact person.

Change # – Sequentially number each change, always starting with number 1 for each request.

Section/Document(s) – Identify the section or document the request pertains to, such as “Section 5.4, Sales Tax.”

Page # – Identify the page number the change pertains to.

Proposed Change – Write the requested change in this column. The Bidder shall apply tracked changes to ensure the change is evident.

Bidder’s Rationale – Provide explanation or the motivation for the requested change.

Expand or reduce the number of rows to accommodate the number of questions.

Table-2 Bidder Request for Change FormIFB/RFP Bidder Request for Change Form

Name of Bidder:

Contact Person:

Contact Email and Phone Number:

Ch #

Section/Document(s) Page # Proposed Change (in tracked changes)

Bidder’s Rationale

1

2

3


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ATTACHMENT 3: PROCEDURES FOR CONDUCTING PROTESTS UNDER THE ALTERNATIVE PROTEST PROCESS

(This attachment is not required to be submitted with your solicitation response.)

California Code of Regulations, Title 1, Division 2.

Chapter 5. Procedures for Conducting Protests under the Alternative Protest Process

Article 1. General Provisions§1400. Purpose; Scope of Chapter.Protests under the Alternative Protest Pilot Project (AB 1159, Chapter 762 of 1997 Statutes, Public Contract Code Division 2, Part 2, Chapter 3.6 (Sections 12125-12130)) shall be resolved by arbitration as defined and established by this chapter.

Authority cited: Section 12126, Public Contract Code. Reference: Sections 12125-12130, Public Contract Code.

1. New Chapter 5 (Articles 1-3), Article 1 (Sections 1400-1404) and Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1402. Definitions.(a) Arbitration, as used in this chapter, means a dispute resolution procedure in which the Department of General Services, Office of Administrative Hearings provides a neutral third party who decides the merits of a protest and issues a binding decision to the Parties.(b) Awardee includes Proposed Awardee and means the person or entity that was a successful Bidder to a Solicitation and has been, or is intended to be, awarded the contract.(c) Close of Business, as used in this chapter, means 5 p.m. Pacific Standard Time (PST) or Pacific Daylight Time (PDT), as applicable.(d) Contracting Department means either Procurement or the department which has applied and been approved by the Department of General Services to conduct the Solicitation under the Alternative Protest Pilot Project (Public Contract Code Sections 12125-12130.).(e) Coordinator means the person designated as the Alternative Protest Pilot Project Coordinator by the Department of General Services, Procurement Division, to coordinate all aspects of the Solicitation under the Alternative Protest Pilot Project (Public Contract Code Sections 12125-12130).(f) Estimated Contract Value means the value of Protestant's bid.(g) Frivolous means a protest with any or all of the following characteristics: (1) It is wholly without merit. (2) It is insufficient on its face. (3) The Protestant has not submitted a rational argument based upon the evidence or law which supports the protest. (4) The protest is based on grounds other than those specified in Section 1410.


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(h) Major Information Technology Acquisition means the purchase of goods or services, or both, by a state agency, through contract, from non-governmental sources, that has significant mission criticality, risk, impact, complexity, or value attributes or characteristics. Pursuant to subdivision (e) of Section 11702 of the Government Code, these purchases shall include, but not be limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications that include voice, video, and data communications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(i) OAH means the Department of General Services, Office of Administrative Hearings.(j) Party means the Procurement Division of the Department of General Services, the Contracting Department, the Awardee, and Protestant(s).(k) Procurement means the Procurement Division of the Department of General Services.(l) Protestant means a person or entity that was an unsuccessful Bidder to a Solicitation under the Alternative Protest Pilot Project (Public Contract Code Sections 12125-12130) and that protests the award.(m) Small Business means a Certified California Small Business, pursuant to Government Code Division 3, Part 5.5, Chapter 6.5 (commencing with Section 14835) and Title 2, California Code of Regulations, Section 1896.(n) Solicitation means the document that describes the goods or services to be purchased, details the contract terms and conditions under which the goods or services are to be purchased, and establishes the method of evaluation and selection.(o) Solicitation File means the Solicitation and the documents used by the Contracting Department in the Solicitation process, including documents used to evaluate Bidders and select a Proposed Awardee. The Solicitation File shall remain available to the public except information that is confidential or proprietary.

Authority cited: Section 12126, Public Contract Code. Reference: Section 11702, Government Code; and Sections 12125-12130, Public Contract Code.

1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1404. Notice of Intent to Award Contract.The Contracting Department shall post a Notice of Intent to Award Contract in a public place specified in the Solicitation, send rejection facsimiles to rejected Bidders, and send Notice of Intent to Award Contract facsimiles to any Bidder who made a written request for notice and provided a facsimile number. The Contracting Department shall indicate that the Solicitation File is available for inspection. The Contracting Department has the discretion to award a contract immediately, upon approval by the Director of the Department of General Services and, if the Solicitation was for a Major Information Technology Acquisition, the Director of the Department of Information Technology.



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1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).


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Article 2. Protest Procedure§1406. Notice of Intent to Protest; Service List.(a) An unsuccessful Bidder who intends to protest the awarded contract pursuant to this chapter must inform the Coordinator. The Notice of Intent to Protest must be in writing and must reach the Coordinator within the number of days specified in the Solicitation, which shall be not less than 1 working day and not more than 5 working days after the posting of the Notice of Intent to Award Contract, as specified in the Solicitation. Failure to give written notice by Close of Business on that day shall waive the right to protest.(b) On the day after the final day to submit a Notice of Intent to Protest, the Coordinator shall make a service list consisting of those Bidders who did submit a Notice of Intent to Protest, the Awardee, and the Contracting Department. The Coordinator shall include addresses and facsimile numbers on this list and shall forward this service list to those Bidders who submitted a Notice of Intent to Protest.


1. New Article 2 (sections 1406-1418) and Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1408. Filing a Protest.(a) A protest is filed by the submission of: the Detailed Written Statement of Protest and any exhibits specified in Section 1412; a check or money order made payable to the Office of Administrative Hearings for the OAH filing fee of $50; and the arbitration deposit as specified in subsection (c) or (d) to the Coordinator by the Close of Business on the 7th working day after the time specified in the Solicitation for written Notice of Intent to Protest under Section 1406. A copy of the Detailed Written Statement of Protest and exhibits must also be served on all Parties named in the service list as specified in Section 1406. A Protestant who fails to comply with this subsection waives Protestant's right to protest.(b) Protestant(s) must provide a FAX (facsimile) number. Notification by facsimile is sufficient for service. If the Detailed Written Statement of Protest is sent to the Coordinator by facsimile, Protestant must:(1) Verify that the pages sent were all received by the Coordinator; and(2) Remit the required deposit and filing fee to Coordinator by any reasonable means. If sending via carrier, the postmark date or equivalent shall be used to determine timeliness.(c) Each Protestant not certified as a Small Business shall make a deposit of the estimated arbitration costs, by check or money order made payable to the Office of Administrative Hearings, as determined by the Estimated Contract Value.(1) For contracts up to $100,000.00, the deposit shall be $1500.00.(2) For contracts of $100,000.00 up to $250,000.00, the deposit shall be $3,000.00.(3) For contracts of $250,000.00 up to $500,000.00, the deposit shall be $5,000.00.(4) For contracts of $500,000.00 and above, the deposit shall be $7,000.00.(5) Failure to remit a timely required deposit waives the right of protest. (6) Any refund to Protestant(s) shall be made per Section 1436. (d) Each Protestant certified as a Small Business shall submit a copy of the Small Business


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Certification in lieu of the deposit specified in subsection (c). If Protestant is a Small Business and the protest is denied by the arbitrator, the Contracting Department shall collect the costs of the arbitration from Protestant. If Protestant does not remit the costs due, the Contracting Department may offset any unpaid arbitration costs from other contracts with Protestant and/or may declare Protestant to be a non-responsible Bidder on subsequent solicitations.


1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1410. Grounds for Protest.(a) The Public Contract Code, at Section 12126(d) provides: Authority to protest under this chapter shall be limited to participating Bidders.(1) Grounds for Major Information Technology Acquisition protests shall be limited to violations of the Solicitation procedures and that the Protestant should have been selected.(2) Any other acquisition protest filed pursuant to this chapter shall be based on the ground that the bid or proposal should have been selected in accordance with selection criteria in the Solicitation document.(b) The burden of proof for protests filed under this chapter is preponderance of the evidence, and Protestant(s) must bear this burden.


1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1412. Detailed Written Statement of Protest.(a) The Detailed Written Statement of Protest must include the grounds upon which the protest is made, as specified in 1410(a).(b) The Detailed Written Statement of Protest shall contain reasons why Protestant should have been awarded the contract. (1) For Major Information Technology Acquisition protests, the Detailed Written Statement of Protest must specify each and every Solicitation procedure which was violated and the manner of such violation by specific references to the parts of the Solicitation attached as exhibits and why, but for that violation, Protestant would have been selected.(2) For other acquisition protests, the Detailed Written Statement of Protest must specify each and every selection criterion on which Protestant bases the protest by specific references to the parts of the Solicitation attached as exhibits. (3) For all protests, Protestant must specify each and every reason that all other Bidders who may be in line for the contract award should not be awarded the contract.(c) The Detailed Written Statement of Protest must be limited to 50 typewritten or computer generated pages, excluding exhibits, at a font of no less than 12 point or pica (10 characters per inch), on 8 1/2 inch


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by 11-inch paper of customary weight and quality. The color of the type shall be blue-black or black. In addition to a paper copy, the arbitrator may request that a Protestant submit such information on computer compatible diskette or by other electronic means if the Protestant has the ability to do so.


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(d) Any exhibits submitted shall be paginated and the pertinent text highlighted or referred to in the Detailed Written Statement of Protest referenced by page number, section and/or paragraph and line number, as appropriate.(e) The Detailed Written Statement of Protest shall not be amended.(f) Protestant(s) may not raise issues in hearing which were not addressed in the Detailed Written Statement of Protest.(g) A Protestant who fails to comply with this subsection waives Protestant's right to protest.


1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1414. Review by Coordinator.(a) Within 2 working days after receipt of the Detailed Written Statement of Protest, the Coordinator shall notify the Contracting Department and the Awardee of a potential protest hearing. (b) The Coordinator shall review the Detailed Written Statement of Protest within 5 working days after receipt to preliminarily determine if the protest is Frivolous and notify Protestant of the option to withdraw or proceed in arbitration.(1) If Protestant withdraws the protest within 2 working days after the notification by the Coordinator of a preliminary determination of Frivolousness, the Coordinator shall withdraw the preliminary finding of Frivolousness and refund Protestant's deposit and filing fee.(2) If the Protestant previously filed two protests under the Alternative Protest Pilot Project preliminarily determined Frivolous by the Coordinator but then withdrew or waived them before the arbitration decision, the Coordinator shall make final the preliminary determination of Frivolousness for the Department of General Services.


1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1416. Review and Response by Contracting Department and Awardee.(a) The Awardee shall have 7 working days after notification by the Coordinator to submit to the Coordinator and Protestant a response to the Detailed Written Statement of Protest.(b) The Contracting Department, in conjunction with the Coordinator, shall have 7 days after the filing of the Detailed Written Statement of Protest to send a response to Protestant and Awardee.(c) Responses shall follow the standards set forth in Section 1412(c) and (d).



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1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1418. Bond Requirement.(a) If the Coordinator has determined that a protest is Frivolous and the Protestant does not withdraw the protest, the Protestant shall be required to post a bond in an amount not less than 10% of the Estimated Contract Value.(b) The percentage of the bond shall be determined by the Contracting Department and specified in the Solicitation.(c) Protestant shall post the bond, pursuant to Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure, within 15 working days of the filing of the Detailed Written Statement of Protest or shall be deemed to have waived the right to protest.(1) If the arbitrator determines that the protest is Frivolous, the bond shall be forfeited to Procurement and the Coordinator will impose Sanctions.(2) If the arbitrator determines that the protest is not Frivolous, the bond will be returned to the Protestant and no Sanctions imposed.

Authority cited: Section 12126, Public Contract Code. Reference: Sections 995.010 et. seq., Code of Civil Procedure; and Sections 12125-12130, Public Contract Code.


Article 3. Arbitration Procedure§1420. Arbitration Process.Within 19 calendar days after the Notice of Intent to Award has been posted, the Coordinator shall consolidate all remaining protests under the Solicitation, and send to OAH:(a) a copy of all Detailed Written Statements of Protest;(b) OAH filing fees;(c) arbitration deposits, and/or notice that any Protestant is a Small Business;(d) Awardee responses;(e) Coordinator/Contracting Department responses;(f) the Solicitation File; and(g) notice to OAH whether interpreter services will be needed for any Protestant or Awardee. OAH shall arrange interpreter services which shall be paid by the Contracting Department.


1. New article 3 (Sections 1420-1440) and Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1422. Selection of Arbitrator.(a) Within 2 working days after receipt of the protest from the Coordinator, OAH shall furnish the names


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of ten arbitrators to Protestant(s), the Awardee, and the Coordinator. The arbitrator list shall include administrative law judges who are employees of OAH and contract private arbitrators who are not employees of the State of California. Protestant(s), the Awardee, and the Coordinator may each strike two of the ten names and notify OAH within 2 working days. Protestant(s) may also indicate if they prefer a contract arbitrator or an OAH administrative law judge. OAH may then select as arbitrator any name not stricken and shall notify Protestant(s), the Awardee, and the Coordinator within 2 working days. If all names are stricken, the Director of OAH shall appoint an arbitrator.(b) A proposed arbitrator shall be disqualified on any of the grounds specified in Section 170.1 of the Code of Civil Procedure for the disqualification of a judge.Authority cited: Section 12126, Public Contract Code. Reference: Sections 12125-12130, Public Contract Code.

1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1424. Authority of Arbitrator.(a) Arbitrators are authorized to:(1) Administer oaths and affirmations;(2) Make rulings and orders as are necessary to the fair, impartial, and efficient conduct of the hearing; and(3) Order additional deposits from Protestant(s) to cover additional estimated costs. If OAH does not receive the required deposit(s) in the time specified, the right to protest will be deemed waived.(b) The arbitrator shall have exclusive discretion to determine whether oral testimony will be permitted, the number of witnesses, if any, and the amount of time allocated to witnesses.(c) It shall be in the arbitrator's exclusive discretion to determine whether to:(1) Conduct a prehearing conference; and/or(2) Permit cross-examination and, if so, to what extent; and/or(3) Review documents alone for all or part of the protest.(d) It shall be in the arbitrator's exclusive discretion to determine whether additional responses and rebuttals are to be submitted, and the timelines and page limits to be applied.


1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1426. Decision Based in Whole or in Part on Documents Alone.Any Party may request that the arbitrator base the arbitrator's decision on documents alone. It shall be the arbitrator's exclusive discretion to do so.



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1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1428. Prehearing Conference.(a) If the arbitrator determines that a prehearing conference is necessary, OAH shall set the time and place and notify Protestant(s), the Awardee, and Procurement at least 5 working days prior to the prehearing conference.(b) The prehearing conference shall be held to identify and define issues in dispute and expedite the arbitration. The parties should be prepared to discuss, and the arbitrator may consider and rule on, any of the following matters applicable to the protest:(1) Clarification of factual and legal issues in dispute as set forth in the Detailed Written Statement of Protest.(2) The extent to which testimony shall be permitted and the extent to which cross-examination will be allowed.(3) Identity of and limitations on number of witnesses, need for interpreters, scheduling and order of witnesses, etc.(4) Any other matters as shall promote the orderly and efficient conduct of the hearing.(c) At the prehearing conference, Protestant(s), the Awardee, and Procurement shall deliver a written statement which contains the name of each witness a party wishes to call at hearing along with a brief written statement of the subject matter of the witness's expected testimony. If the arbitrator, in his or her exclusive discretion, allows an expert witness to be called, the party calling the witness shall provide the name and address of the expert along with a brief statement of the opinion the expert is expected to give. The party shall also attach a statement of qualifications for the expert witness.


1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1430. Scheduling the Hearing.The arbitrator shall schedule the date, time, and place of hearing and notify all Parties.


1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1432. Discovery.The arbitrator has exclusive discretion to issue subpoenas and/or subpoena duces tecum. There shall be no right to take depositions, issue interrogatories, or subpoena persons or documents.



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1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1434. Attendance at Hearings.The Arbitration hearings shall be open to the public unless the arbitrator, in his or her exclusive discretion, determines that the attendance of individuals or groups of individuals would disrupt or delay the orderly conduct or timely completion of the proceedings. Authority cited: Section 12126, Public Contract Code. Reference: Sections 12125-12130, Public Contract Code.

1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1436. Arbitrator's Decision.(a) The final decision shall be in writing and signed by the arbitrator. It shall include a Statement of the Factual and Legal Basis for the decision, addressing the issues raised in the Detailed Written Statement(s) of Protest, and shall include an order upholding or denying the protest(s). The arbitrator's order shall not award a contract.(b) A copy of the decision shall be sent by regular mail to Procurement, the Contracting Department, the Awardee, and Protestant(s) within 45 calendar days after the filing of the first Detailed Written Statement of Protest. In the arbitrator's exclusive discretion, this timeline may be extended for an additional 15 calendar days. The arbitrator's failure to issue a decision within the time specified by this section shall not be a ground for vacating the decision.


1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1437. Costs.(a) For protests not determined Frivolous by Procurement:(1) If the arbitrator denies the protest, Protestant(s) will be liable for all costs of the arbitration.(2) If the arbitrator upholds the protest, the Contracting Department shall pay for all costs of the arbitration and Protestant(s) will be refunded the deposit by OAH.(b) If Procurement determined that the protest was Frivolous and the arbitrator affirms that the protest is Frivolous, the bond shall be forfeited to Procurement, the protest will be denied, and Protestant(s) will be liable for all costs of the arbitration.(c) If Procurement determined that the protest was Frivolous and the arbitrator determines that the protest is not Frivolous, any bond(s) posted by Protestant(s) shall be returned:(1) If the arbitrator denies the protest, Protestant(s) shall be liable for half of the costs of the arbitration. The Contracting Department shall pay the remaining half of the arbitration costs.


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(2) If the arbitrator upholds the protest, the Contracting Department shall pay for all costs of the arbitration and Protestant(s) will be refunded the deposit by OAH.(d) A Protestant who withdraws his or her protest before the arbitrator's decision has been issued will remain liable for all arbitration costs up to the time of withdrawal. These costs include, but are not limited to, the arbitrator's time in preparation, prehearing conferences, and hearing the protest. If Procurement deemed the protest Frivolous, any bond posted shall be forfeited to Procurement.(e) Except as provided in (f), if any costs are determined to be payable by Protestant(s), that amount shall be subtracted from deposit(s) of Protestant(s) as ordered by the arbitrator. Any additional costs shall be billed to Protestant(s) and any refunds shall be sent to Protestant(s) by OAH.(f) If a Protestant is a Small Business, then the Contracting Department shall pay OAH all arbitration costs and collect the amount due from Protestant.


1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1438. Judicial Review.The grounds for judicial review shall be as set forth in Chapter 4 of Title 9 of Part III of the Code of Civil Procedure (commencing with Section 1285).Authority cited: Section 12126, Public Contract Code. Reference: Sections 12125-12130, Public Contract Code.

1. New Section filed 8-18-98; operative 8-18-98 pursuant to Government Code Section 11343.4(d) (Register 98, No. 34).§1440. Transcripts.(a) A party desiring a transcript of the proceedings shall contact the OAH Transcript Clerk to make arrangements to pay for preparation of the transcript. Prior to preparation of the transcript, a deposit equal to the estimated cost of the transcript shall be paid. Preparation of the transcript will be arranged by the OAH Transcript Clerk. The deposit shall be applied to the actual cost and any excess shall be returned to the party that submitted the request. Any balance due shall be paid by the party or a representative on behalf of the party requesting the transcript before the transcript is released to the requesting party.(b) Unless a record of a proceeding or any portion thereof was sealed, any person may request a transcript or a recording of the proceeding. If a record of a proceeding or any portion thereof was sealed, only parties to the proceeding may request a transcript of the sealed portions, and the sealed portions shall not be disclosed to anyone except in accordance with the order sealing the proceeding or subsequent order.



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ATTACHMENT 4: SOLICITATION SUBMISSION CHECKLIST(This attachment is not required to be submitted with your solicitation response.)

Has your firm submitted the following Exhibits?

Exhibit 2: Intent to Bid

Exhibit 3: Confidentiality Statement

Does your Final Proposal follow the format specified in Section 6?

Packaged and labeled as identified in Section 6.

Provided in the number of copies and formatted as identified in Section 6.

No cost data provided in any volumes, except in Volume 3.

Is your Final Proposal provided in the following order, as identified in Section 6?

Volume 1: Response to Administrative Requirements

Financial Statements as specified in Section 3.5.2

Responsibility Certification as specified in Section 3.5.3

Cover letter with original signature and information as specified in Section 3.10

Exhibit 4: Response to Administrative Requirements

Exhibit 5: Bidder Declaration GSPD 05-105

Exhibit 6: Secretary of State Certification

Exhibit 7: Workers’ Compensation Certification

Exhibit 8: Seller’s Permit Certification

Exhibit 9: Payee Data Record

Exhibit 10: Iran Contracting Act of 2010

Exhibit 11: California Civil Rights Laws Certification

Exhibit 12: Bond and Other Security Documents


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Exhibit 13: STD. 843 DVBE Declarations

Exhibit 14: Bidding Preferences and Incentives


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ATTACHMENT 4: SOLICITATION SUBMISSION CHECKLIST, continued

Exhibit 15: Commercially Useful Function Certification (CUF) Form

Exhibit 16: TACPA Preference Request Forms (required if claiming TACPA preference)

Exhibit 17: List of Proposed Subcontractors (Public Works)

Exhibit 18: Contractor’s License Information

Exhibits 19.1 through 19.2: Bidder Qualification Form(s) and Bidder Reference Form(s)

Exhibit 20.1 through 20.2: Staff Qualifications Forms and Staff Reference Forms

Exhibit 21: Functional and Non-Functional Requirements

Exhibit 22: Deliverables Table

Exhibit 24: Responsibility Certification

Exhibit XX: [Agency/state entity to add any other exhibits, if needed]

Volume 2: Contract

Exhibit 1: STD 213, Standard Agreement

Appendix A, Statement of Work

Volume 3: Cost

Exhibit 23: Cost Worksheets

Volume 4: Literature

The State makes no warranty that the checklist is a full and comprehensive listing of every requirement specified in the solicitation. Checking off the items on the checklist does not establish your firm’s intent nor does it constitute responsiveness to the requirements. The checklist is only a tool to assist participating bidders in compiling the Final Proposal. The bidder is encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submission of the Final Proposal cannot be over emphasized.


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ATTACHMENT 5: GLOSSARY OF TERMS

[INSTRUCTIONS: Agency/state entity should include definitions, acronyms and abbreviations for terms used in the solicitation and the SOW in order to eliminate misinterpretations. Review SAM 4819.2 for existing terminology.]

Definitions, Acronyms, and Abbreviations

Term/Acronym Definition

Agency/State entity

Includes every state office, officer, department, division, bureau, board, and commission, including Constitutional Officers. “State entity” does not include the University of California, California State University, the State Compensation Insurance Fund, the Legislature, or the Legislative Data Center in the Legislative Counsel Bureau.

Bidder 1. A supplier who submits, or has identified their intention to submit, a bid to the State in response to a solicitation. 2. An individual, sole proprietorship, firm, partnership, corporation, or any other business venture that responds to a solicitation.

Business Requirements

Higher-level statement of the goals, objectives, or needs of the Agency/state entity. Business requirements describe the reasons why a project has been initiated, the objective that the project will achieve, and the metrics that will be used to measure its success. Business requirements describe the needs of the Agency/state entity as a whole, not the groups or stakeholders within it.

Commercial Off-The-Shelf (COTS) Software

A computer hardware or software product that is ready-made for specific uses and available for sale to the general public. COTS products are designed to be installed without requiring custom development. For example, Microsoft Office is a COTS product that is a packaged software solution for businesses and individuals. The set of rules for COTS is defined by the Federal Acquisition Regulation (FAR).

Custom Solution Typically, computer software developed for a specific customer to accommodate the customer's particular requirements, preferences, and expectations.

Final Proposal A final offer made in response to a request to perform a contract for work/labor or to supply goods at a specified price. Also known as a Final Bid.

Functional Requirements

Functional requirements represent the business objectives, needs and outcomes of all stakeholders. They should be organized and presented in context of and with a baseline business process/workflow that they describe. They provide a description of what an enabling solution should provide and specifies essential details of a solution for stakeholders as a means to express and manage expectations. They describe actions and operations that the solution must be able to perform. They can describe services, reactions, and behaviors of the solution. They also describe information the solution will manage. The requirements should be expressed in business terms and should not include any


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technical references. The requirement should identify “what” is required to meet the business objective, not “how” the requirement will be implemented.

Immaterial Deviation

A deviation can be accepted by the State when it is determined to be of such a minor concern that it carries little or no importance, and by accepting it, it doesn’t provide the bidder with any material advantage over other bidders.

Example: A bidder referenced the wrong page in their supporting technical literature. The bidder directed the evaluator to page 4 and the correct page should have been page 5.

Material Deviation A deviation in the bid response that cannot be accepted by the State because it is not in substantial accord with the solicitation requirements, provides an advantage to one bidder over other bidders, or has a potentially significant effect on the delivery, quantity, or quality of items bid, amount paid to the Contractor, or on the cost to the State. Material deviations cannot be waived.

Example: The solicitation required a system that would serve 500 users and the bidder only offered a system that would serve 250 users.

Modified Off-The-Shelf (MOTS) Software

Typically, a COTS product with source code made available to the purchaser to allow for modifications. The product may be customized by the purchaser, by a vendor, or by another party to meet the requirements of the customer. Since MOTS product specifications are written by external sources, purchasers may not have control of future changes to the product.

Non-Functional Requirements

Non-functional requirements provide criteria to evaluate the operation of an enabling solution and primarily represent qualities of (expectations and characteristics) and constraints on (e.g., governmental regulations) the solution. They capture conditions that do not directly relate to the behavior or functionality of the solution, but rather describe environmental conditions of an effective solution or productive qualities of the solution. Mid-level non-functional requirements also define quality of service requirements, such as those relating to required capacity, speed, security, privacy, availability, response time, throughput, usability, and the information architecture and presentation of the user interfaces.

Project/Transitional Requirements

Project/transition requirements describe capabilities that the solution must have in order to facilitate the transition from the current state of the enterprise to a desired future state. Mid-level project/transition requirements are differentiated from other requirement types because they are usually temporary in nature and will not be needed once the transition is complete. They typically cover process requirements imposed through the Contract, such as mandating a particular design method, administrative requirements, data conversion and migration from existing systems, interfaces, skill gaps that must be addressed, and other related changes required to reach the desired future state.

Responsive Bidder A bidder whose solicitation response is compliant with the solicitation requirements and indicates performance without material deviation from the terms and conditions of the proposed contract.


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Responsible Bidder

A bidder who is fully capable of performing the contract. Considerations include a supplier deemed to satisfactorily demonstrate some or all of the following, pertinent to the specific transaction: 1. Adequate financial resources or the ability to obtain the resources required to perform the contract; 2. An adequate cost accounting system; 3. The capability to comply with the required or proposed delivery or performance schedule considering all existing commitments;4. A satisfactory record of performance; 5. A satisfactory record of integrity; 6. Qualified and eligible to receive an award under all applicable laws and regulations; and/or7. Necessary organization, experience, operational controls and technical skills (or the ability to obtain them).

Statement of Work (SOW)

A written description of work to be performed under a contract to satisfy the State's needs. It can include what is to be done, when, where, and how plus define the roles and responsibilities of the State and the contractor. Sometimes referred to as scope of work.

Solution Requirements

Describes the characteristics of a solution that will meet the business requirements. Solution requirements describe specific characteristics of the solution both in terms of functionality and quality of service. Solution requirements are sub-classified into functional requirements, non-functional requirements and project/transitional requirements.

Transitional/Project Requirements

Transition/ Project requirements describe capabilities that the solution must have in order to facilitate the transition from the current state of the enterprise to a desired future state. Project/transition requirements are differentiated from other requirement types because they are usually temporary in nature and will not be needed once the transition is complete. They typically cover process requirements imposed through the Contract, such as mandating a particular design method, data conversion and migration from existing systems, interfaces, skill gaps that must be addressed, and other related changes required to reach the desired future state.


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SIMM 195 Solicitation Template - cdt.ca.gov · Web viewThe word "bid" as used throughout is...

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Transcript of SIMM 195 Solicitation Template - cdt.ca.gov · Web viewThe word "bid" as used throughout is...