REQUEST FOR PROPOSALS

Building Initiative for Low-Emissions Development (BUILD) Program

(Senate Bill 1477, 2018)

Technical Assistance Provider

RFP-20-502www.energy.ca.gov/contracts/

State of California California Energy Commission

May 2021

Table of Contents

I. INTRODUCTION......................................................................................................1PURPOSE OF RFP..........................................................................................................1KEY WORDS/TERMS.......................................................................................................2KEY ACTIVITIES AND DATES............................................................................................3AVAILABLE FUNDING.......................................................................................................3ELIGIBLE BIDDERS..........................................................................................................4CONFLICTS OF INTEREST................................................................................................5RESPONSES TO THIS RFP..............................................................................................5PRE-BID CONFERENCE...................................................................................................5QUESTIONS....................................................................................................................6CONTACT INFORMATION..................................................................................................6REFERENCE DOCUMENTS...............................................................................................7

II. SCOPE OF WORK AND DELIVERABLES..............................................................7ABOUT THIS SECTION.....................................................................................................7BACKGROUND/PROBLEM STATEMENT..............................................................................7GOALS AND OBJECTIVES OF THE AGREEMENT.................................................................8WORK AUTHORIZATIONS.................................................................................................8ADMINISTRATIVE TASKS..................................................................................................8TECHNICAL TASKS........................................................................................................12

III. PROPOSAL FORMAT, REQUIRED DOCUMENTS, AND DELIVERY..................19ABOUT THIS SECTION...................................................................................................19REQUIRED FORMAT FOR A PROPOSAL...........................................................................19METHOD FOR DELIVERY................................................................................................19ORGANIZE YOUR PROPOSAL AS FOLLOWS....................................................................20

IV. EVALUATION PROCESS AND CRITERIA...........................................................24ABOUT THIS SECTION...................................................................................................24PROPOSAL EVALUATION................................................................................................24SCORING SCALE...........................................................................................................25NOTICE OF PROPOSED AWARD.....................................................................................25

V. BUSINESS PARTICIPATION PROGRAMS (REQUIREMENTS AND PREFERENCES)...........................................................................................................31

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE).....................................................31DVBE INCENTIVE.........................................................................................................34SMALL BUSINESS / MICROBUSINESS / NON-SMALL BUSINESS.........................................35TARGET AREA CONTRACT PREFERENCE ACT................................................................37

VI. ADMINISTRATION.................................................................................................38RFP DEFINED..............................................................................................................38COST OF DEVELOPING PROPOSAL.................................................................................38

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SOFTWARE APPLICATION DEVELOPMENT.......................................................................38PRINTING SERVICES.....................................................................................................39CONFIDENTIAL INFORMATION.........................................................................................39DARFUR CONTRACTING ACT OF 2008...........................................................................39IRAN CONTRACTING ACT OF 2010.................................................................................39CALIFORNIA CIVIL RIGHTS LAWS...................................................................................40RFP CANCELLATION AND AMENDMENTS........................................................................40ERRORS.......................................................................................................................40MODIFYING OR WITHDRAWAL OF PROPOSAL..................................................................40IMMATERIAL DEFECT.....................................................................................................40DISPOSITION OF BIDDER’S DOCUMENTS.........................................................................41BIDDERS’ ADMONISHMENT............................................................................................41GROUNDS TO REJECT A PROPOSAL..............................................................................41PROTEST PROCEDURES................................................................................................42AGREEMENT REQUIREMENTS........................................................................................42

No. Attachments1 Contractor Status Form2 Darfur Contracting Act3 DVBE Std. 8434 Bidder Declaration form GSPD-05-1055 Contractor Certification Clauses6 Client References7 Budget Forms8 Sample Standard Agreement9 Iran Contracting Act Form10 California Civil Rights Laws Certification

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I. IntroductionNOTE ABOUT SIGNATURES

The California Energy Commission (CEC) may have waived the requirement for a signature on application materials for this solicitation for submissions. If a notice regarding CEC’s waiver of the signature requirement appears on the CEC’s Solicitation webpage, the waiver applies to this solicitation. In the event of a conflict between the notice and any language in this solicitation regarding signatures, the notice will govern.

Even if the requirement for signatures has been waived, applicants are still expected to adhere to the requirements of this solicitation as if they had signed.

PURPOSE OF RFPThe purpose of this Request for Proposals (RFP) is to select a full-service Prime Contractor (Contractor or Technical Assistance Provider) that demonstrates technical, field, administrative and project management experience and competence related to: a) education and outreach activities focused on building decarbonization market transformation, targeted to low-income and affordable multifamily projects, b) low-emissions building design, and equipment expertise to support electrification and decarbonization, and c) building decarbonization incentive programs.

The Bidder’s proposal must demonstrate expertise and successful experience in the areas of:

high performance building design and near-zero-emission building technologies 

low-income and market rate housing development and construction  incentive programs, consulting and customer service, and stakeholder

collaboration  collaboration with community-based organizations addressing the needs of

low-income and disadvantaged communities    outreach and education efforts related to building and energy issues.

The Contractor will provide technical assistance supporting the Building Initiative for Low-Emissions Development (BUILD) pilot Program. The BUILD pilot program is a market transformation initiative authorized by Senate Bill SB   1477   (Stern, 2018). Additional program requirements were later defined by California Public Utility Commission’s (CPUC) Decision 20-03-027 (D.20-03-027) .

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KEY WORDS/TERMSImportant definitions for this RFP are presented below:

Acronym/Word Definition ADA Americans with Disabilities ActAHSC Affordable Housing and Sustainable Communities ProgramBidder Respondent to this RFPBUILD Building Initiative for Low-Emissions Development (BUILD)

Program, or BUILD Pilot Program, or ProgramBUILD Guidance Documentation

All existing or developing governance documentation pertaining to the BUILD Program, including but not limited to, SB 1477, CPUC Decision 20-03-027, BUILD Implementation Plan(s), the BUILD Guidelines, handbooks, manuals and other procedural documents.

CABEC California Association of Building Energy ConsultantsCAM Commission Agreement ManagerCAO Commission Agreement OfficerCARB California Air Resources Board CBECC Building Energy Efficiency Standards Approved Computer

Compliance Program. Freeware available on CEC Website.CDLAC California Debt Limit Allocation CommitteeCEA Certified Energy AnalystCEC State Energy Resources Conservation and Development

Commission or as commonly called, the California Energy Commission, the Energy Commission, or the CEC

CPUC California Public Utilities CommissionDGS Department of General ServicesDVBE Disabled Veteran Business EnterprisesGHG Greenhouse GasHCD California Department of Housing and Community DevelopmentHERS Home Energy Rating SystemHVAC Heating, Ventilation and Air Conditioning LITHC Low-Income Housing Tax Credit ProgramLSE Load Serving Entities including Investor Owned Utilities (IOUs),

Publicly Owned Utilities (POUs), Community Choice Aggregators (CCAs), and Electric Service Providers (ESPs)

Near-zero-emissions technology

Technology that reduces: (1) energy demands of a building, and (2) direct and indirect emissions of greenhouse gases from buildings

NOPA Notice of Proposed Award, a public notice by the California Energy Commission that identifies award recipients

Proposal Formal written response to this document from BidderP.T. Pacific Time ZoneREN Regional Energy NetworksRFP Request for Proposals

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Acronym/Word Definition State State of CaliforniaCTCAC California Tax Credit Allocation CommitteeTBD To be determinedTECH Initiative Technology and Equipment for Clean Heating (TECH) InitiativeWA Work Authorization

KEY ACTIVITIES AND DATES Key activities including dates and times for this RFP are presented below. An addendum will be released if the dates change for the asterisked (*) activities.

ACTIVITY ANTICIPATED DATERFP Release May 17, 2021Pre-Bid Conference May 25, 2021 at 19:00 a.m.

P.D.T.Written Questions Submittal Deadline* May 26, 2021 by 5:00 p.m. P.D.T.

Distribute Questions/Answers and Addenda (if any) to RFP

Week of May 31

Deadline to Submit Proposals* June 14, 2021 by 5:00 p.m. P.D.T.

Clarification Interviews (if Necessary) Week of June 14 or 21, 2021Notice of Proposed Award Week of June 21 or 28, 2021Commission Business Meeting July 15, 2021Contract Start August 2021Contract Termination or Extension August 2025 (potential to extend)

AVAILABLE FUNDING The initial contract awarded to the BUILD Technical Assistance Provider is not to exceed $6 million for a four-year term. However, the CEC reserves the option to: (1) add up to $2 million dollars in additional funding for a total amount not to exceed $8 million; and (2) add up to an additional two years for a total term of up to 6 years. The CEC may exercise these options separately or at the same time. Both options will be considered by the CEC during the evaluation of responses to this RFP. This is an hourly rate plus cost reimbursement contract and the award will be made to the responsible Bidder receiving the highest points.

Funding for this contract shall be subject to the appropriation of monies for that purpose in the Governor’s Budget and availability of funds. In the event funds are not available, the CEC shall have no further liability with regard to the contract. The CEC reserves the right to reduce the contract amount to an amount deemed appropriate in the event the Governor’s Budget or availability of funds do not provide for full funding of this CEC contract. In this event, the Contractor and Commission Agreement Manager (CAM) shall meet and reach agreement on a reduced scope of work commensurate with the level of available funding.

BUILD funding comes from auction proceeds realized from the sale of greenhouse gas (GHG) emission allowances allocated to four investor-owned natural gas utilities: May 2021 Page 5 of 42 RFP-20-502

Southern California Gas Company, Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southwest Gas Corporation. Funds are collected during the fiscal years 2019-2020 through 2022-2023, and transferred to the CEC as administrator of the BUILD Program.

Consistent with the regulatory requirements for use of the cap-and-trade auction funds being utilized, D. 20-03-027 specifies that all spending should attributed to gas corporation service territories in proportion to their funding contributions. The Contractor must ensure that all technical assistance activities conducted adhere to the proportional expenditure requirements. The proportion of program budget for each utility service territory is provided in Table 1.

Table 1. BUILD Program Budget Allocation by Natural Gas TerritoryNatural Gas Utility Territory Allocated Percent of Budget

and Program ActivitySouthern California Gas Company 49.26%Pacific Gas and Electric Company 42.34%San Diego Gas & Electric Company 6.77%Southwest Gas Corporation 1.63%

ELIGIBLE BIDDERS

This is an open solicitation, as such all public and private entities with the required technical expertise and experience are eligible to submit proposals in response to this RFP. The Agreement resulting from this solicitation includes terms and conditions that set forth the Contractor’s rights and responsibilities. Private sector entities must agree to use the attached standard terms and conditions (Attachment 8). The University of California, California State University or U.S. Department of Energy National Laboratories must use either the standard or the pre-negotiated terms and conditions located at: (DGS Lab Terms). The CEC will not award agreements to non-complying entities. The CEC reserves the right to modify the terms and conditions prior to executing agreements.

The CEC is seeking a Contractor applying as a single entity or representing a team of companies with the necessary combination of expertise to complete the various tasks. A single company, not a group of representatives from different companies, must submit a proposal as the Contractor. The Contractor will be responsible for all contract duties, directing team members, including Subcontractors, if applicable, in all contract provisions, and in participating technical work assignments.

All corporations, limited liability companies (LLCs), limited partnerships (LPs) and limited liability partnerships (LLPs) that conduct intrastate business in California are required to be registered and in good standing with the California Secretary of State prior to its contract being recommended for approval at a CEC Business Meeting. If not currently registered with the California Secretary of State, bidders are encouraged to contact the Secretary of State’s Office as soon as possible to avoid potential delays in beginning the proposed contract. For more information, contact the Secretary of State’s Office at SOS Website. Sole proprietors using a fictitious business name must be registered with the appropriate county and provide evidence of registration to the CEC prior to their contract being recommended for approval at an CEC Business Meeting.May 2021 Page 6 of 42 RFP-20-502

CONFLICTS OF INTEREST

The selected Contractor and Subcontractors must refrain from any practices, activities, or relationships that appear to conflict with the Contractor’s obligations under the resulting contract, including but not limited to participating in any independent evaluation of work under this Agreement beyond providing program data and other information requested by CEC or a third-party evaluator for the purposes of program evaluation.

Please also note that individuals from the selected Contractor and Subcontractors performing certain tasks under the resulting contracts that qualifies as “consultant” work under the Political Reform Act will have an ongoing duty to prevent conflicts of interest from occurring between their role as the technical assistance provider to BUILD and other economic interests that have a material financial interest in the BUILD Program. This ongoing duty includes but is not limited to being restricted from certain other work related to the BUILD Program.

For further requirements regarding conflicts of interest see Exhibit G, Conflicts of Interest.

RESPONSES TO THIS RFPResponses to this solicitation shall be in the form of an Administrative, Technical and Cost Proposal according to the format described in this RFP. The Administrative response shall include all required administrative documents. The Technical Proposal shall document the Bidder’s approach, experience, qualifications, and project organization to perform the tasks described in the Scope of Work, and the Cost Proposal shall detail the Bidder’s budget to perform all tasks.

PRE-BID CONFERENCE

There will be one Pre-Bid Conference; participation in this meeting is optional but encouraged. The Pre-Bid Conference will be held at the date, time and location listed below. Please call (916) 891-8474 or refer to the Energy Commission's website to confirm the date and time.

Date and time: May 25, 2021 at 10:00 a.m. P.D.T.

Zoom Instructions:

To join the Zoom meeting, go to https://zoom.us/join and enter the Meeting ID below and select “join from your browser.” Participants will then enter the meeting password listed below and their name. Participants will select the “Join” button.

Join Zoom Meeting:BUILD Technical Assistance Provider RFP Pre-Bid Conference

https://energy.zoom.us/j/93660512291?pwd=amFlUHBJV3JxVXppNSs3cENXYkhiZz09 

Webinar ID: 936 6051 2291

Passcode: 813624May 2021 Page 7 of 42 RFP-20-502

Telephone Access Only:Call 1-888 475 4499 (Toll Free) or 1-877 853 5257 (Toll Free). When prompted, enter the meeting number above. International callers may select a number from the

Zoom International Dial-in Number List at: https://energy.zoom.us/u/acfIRLzein. To comment, dial *9 to “raise your hand” and *6 to mute/unmute your phone line.

Access by Mobile Device: Download the application from the Zoom Download Center, https://energy.zoom.us/download.

Technical Support: For assistance with problems or questions about joining or attending the meeting,

please call Zoom Technical Support at 1-888-799-9666 ext. 2. You may also contact the CEC’s Public Advisor’s Office at publicadvisor@energy.ca.gov, or 800-822-6228.

System Requirements: To determine whether your computer is compatible, visit Zoom’s system requirements webpage. (https://support.zoom.us/hc/en-us/articles/201362023-System-requirements-for-Windows-macOS-and-Linux)

If you have a disability and require assistance to participate, please Erica Rodriguez by e-mail at Erica.Rodriguez@energy.ca.gov or (916) 764-5705 at least five days in advance.

QUESTIONS

During the RFP process, questions of clarification about this RFP must be directed to the Commission Agreement Officer (CAO) listed in the following section. Parties may ask questions at the Pre-Bid Conference and submit written questions via electronic mail. However, all questions must be received by 5:00 pm P.T. one business day after the Pre-Bid Conference.

The questions and answers will be posted on the Commission’s website at: CEC Solicitations Webpage.

Any verbal communication with a CEC employee concerning this RFP is not binding on the State and shall in no way alter a specification, term, or condition of the RFP. Therefore, all communication should be directed in writing to the CEC’s CAO assigned to the RFP.

CONTACT INFORMATION

Phil Dyer, Commission Agreement Officer or CAOCalifornia Energy Commission1516 Ninth Street, MS-18Sacramento, California 95814Telephone: (916) 891-8474 FAX: (916) 654-4423E-mail: Phil.Dyer@energy.ca.gov

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REFERENCE DOCUMENTS Bidders responding to this RFP may want to familiarize themselves with the following documents:

Building Initiative for Low-Emissions Development (BUILD) Program Implementation Plan (Revised September 2020)

California Natural Gas Utility Service Area Decision Establishing Building Decarbonization Pilot Programs (CPUC D. 20-03-

027) Definition for Individual Low-Income Residential Housing ( Public Utilities Code

section 2852 (a)(3)(C) Order Instituting Rulemaking Regarding Building Decarbonization (CPUC R.19-

01-011) Senate Bill 1477 (Stern, 2018) 2019 Building Energy Efficiency Standards -Title 24, Residential Compliance

Manual 2022 Building Energy Efficiency Standards Proceeding

II. Scope of Work and Deliverables

ABOUT THIS SECTION

This section describes the contract scope of work, deliverables, and due dates under this Agreement.

BACKGROUND/PROBLEM STATEMENT

SB 1477 states that electricity and heating fuels used in buildings are responsible for a quarter of California’s GHG emissions and contribute to indoor and outdoor air pollution. To address these issues, the BUILD Program provides incentives for the installation of near-zero emission building technologies in new residential buildings that reduce GHG emissions significantly beyond the prescriptive standards described in Part 6 of Title 24 of the California Code of Regulations (California Energy Code). SB 1477 also requires that new low-income residential building projects be offered technical assistance. Consistent with the direction provided in CPUC D. 20-03-027, for the first two years BUILD funding will be available for low-income residential building projects only. Two years after BUILD Program launch1 the CPUC may consider expansion of the program as described in D. 20-03-027.

The general design of the BUILD Program is detailed in the CEC’s Building Initiative for Low-Emissions Development (BUILD) Program Implementation Plan (BUILD Implementation Plan) which provides information on the eligible projects and applicants, technology requirements, and other relevant information. Additional guidance on BUILD Program implementation, which may be relevant to the tasks to be performed by the Technical Assistance Provider described below, will be gleaned from existing and future BUILD Program Guidance Documentation. Staff is currently developing the BUILD

1 Two years from the CEC’s issuance of the BUILD Program’s Notice of Availability. May 2021 Page 9 of 42 RFP-20-502

Program Guidelines and anticipate draft guidelines will be provided for public input in Q3 2021 and finalized in Q4.

GOALS AND OBJECTIVES OF THE AGREEMENT

The activities conducted under this Agreement will contribute to the reduction of GHG emissions from the building sector by supporting the integration of high-performance building designs and near-zero-emission building technologies, with a priority to address low-income and affordable multifamily housing. Activities are described in tasks as shown in Table 2.

All products and deliverables for this contract intended for release to the public shall be compliant with the Americans With Disabilities Act (ADA).

Table #2. Task OverviewTask # Task ActivityTask 1 Agreement ManagementTask 2 Provide Education, Outreach, and Stakeholder Engagement

Support to the BUILD ProgramTask 3 Provide Technical Assistance for Potential BUILD Incentive

Program ParticipantsTask 4 Provide Technical Support and Subject Matter Expertise to

the BUILD Program StaffTask 5 Provide Data and Other Requested Information for BUILD

Program Evaluation, Measurement and Verification (EM&V)

WORK AUTHORIZATIONS

For certain tasks, as specified below, no work shall be undertaken unless authorized by the CAM through a specific written document called a “Work Authorization.” For tasks subject to a Work Authorization, the CAM will prepare a Work Authorization that identifies the specific tasks to be performed and sets a maximum price, budget, and schedule for the work. The end date for Work Authorizations should be no later than 60 days prior to the term end date of the Agreement to allow the Contractor time to complete closeout activities and prepare the Final Report.

All other tasks may begin immediately, as appropriate and in accordance with the terms and conditions of this Agreement.

ADMINISTRATIVE TASKS

TASK 1 AGREEMENT MANAGEMENT

TASK 1.1 KICK-OFF MEETING

The goal of this task is to establish the lines of communication and procedures for implementing this Agreement. The ‘kick-off” meeting will occur no later than 15 calendar days after final approval of the Agreement is complete.

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The Contractor shall: Attend a “kick-off” meeting with the CAM, and the CAO. The meeting may be held virtually. The Contractor shall include their Project Manager, Contracts Administrator, Accounting Officer, and others designated by the CAM in this meeting. The administrative and technical aspects of this Agreement will be discussed at the meeting.

If necessary, prepare an updated Schedule of Deliverables based on the decisions made in the kick-off meeting

The CAM shall: Arrange the meeting including scheduling the date and time Provide an agenda to all potential meeting participants prior to the kick-off

meeting

Deliverables: An Updated Schedule of Deliverables (if applicable)

TASK 1.2 INVOICES

The Contractor shall:Prepare invoices for all reimbursable expenses incurred performing work under this Agreement in compliance with the Exhibit B of the Terms and Conditions of the Agreement. Invoices should be submitted with the same frequency as progress reports (Task 1.4), however may be submitted on a less frequent basis, coordinated with the accompanying progress report for invoiced activities, with approval of the CAM. Invoices must be submitted to the CEC Accounting Office.

Deliverables: Invoices

TASK 1.3 MANAGE SUBCONTRACTORS

The goal of this task is to ensure quality products, to enforce Subcontractor Agreement provisions, and in the event of failure of the Subcontractor to satisfactorily perform services, recommend solution to resolve the problem.

The Contractor shall:Manage and coordinate Subcontractor activities. The Contractor is responsible for the quality of all Subcontractor work and the CEC will assign all work to the Contractor. If the Contractor decides to add new Subcontractors or replace initial Subcontractors, they shall 1) comply with the Terms and Conditions of the Agreement, and 2) notify the CAM who will follow the CEC process for adding or replacing Subcontractors.

TASK 1.4 PERIODIC PROGRESS REPORTS

The goal of this task is to periodically verify that satisfactory and continued progress is made towards achieving the objectives of this Agreement.

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The Contractor shall: Prepare progress reports which summarize all Agreement activities conducted by the Contractor for the reporting period, including an assessment of the ability to complete the Agreement within the current budget and any anticipated cost overruns. Each progress report is due within 15 calendar days after the end of the reporting period. The CAM will provide the format for the progress reports. While initial reporting will be monthly, it may become more periodic (less frequent than monthly) if mutually agreed upon by both parties.

Deliverables: Monthly or Periodic Progress Reports

TASK 1.5 QUARTERLY WORK PLANS The goal of this subtask is to develop and manage, in consultation with the CAM, the specific scope of all services to be completed, including any Work Authorizations (WAs) issued by the CAM as specified in Tasks 4 and 5 and in accordance with all requirements of this Agreement, with all technical and budgetary considerations on a recurring three-month cycle. Each three-month period will be documented in a Quarterly Work Plan that is subject to review and approval by the CAM. Progress in completing the approved work will be assessed during monthly/periodic reviews with the CAM and revised Quarterly Work Plans will be prepared as needed.

The Contractor shall: In consultation with CAM, prepare Quarterly Work Plans in accordance with the

contract requirements. The Work Plan format and contents will be specified by the CAM. Final schedule to be agreed upon and documented during the kickoff meeting described in Task 1.1 and based on the agreement start date

Participate in Quarterly Work Plan Reviews Establish and maintain contractual agreements with entities performing work Develop project schedules Manage Subcontractor activities in accordance with the Agreement terms and

conditions Provide oversight and first-level review of reports and documentation, and

comment on the content of deliverables Provide audit and accounting services for all Work Plans and invoices Immediately report any significant variances affecting performance under the

work plans and recommend mitigation actions for consideration by the Contractor and CAM. Examples of significant variances include the inability to submit deliverables by key due dates, unavailability of key personnel that will affect timely submittal of deliverables, and key technical issues that would require change in scope, redirection of the effort, or discontinuation of the project

Coordinate with the CAM to close out completed Work Plans and remaining unallocated balances

Provide updated WA project schedules, as needed, and determine if each WA is on schedule and deliverables are satisfactory

Track the start, progress, and closure of each WA Monitor and track each Work Plan and the Overall Agreement

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o Provide updated project schedules, as needed, and determine if each Work Plan on schedule and deliverables are satisfactory

o Determine the fiscal status of each Work Plan and the overall Agreemento Prevent cost overrunso Track the start, progress, and closure of the service provided under the

Work Plano Submit all Work plans to the CAM

Deliverables: Quarterly Work Plans including draft versions as needed to reach agreement with

CAM Revised Work Plans, as applicable, after Work Plan Reviews Determine the fiscal status of each WA and the overall Agreement WA products, if applicable

TASK 1.6 FINAL REPORT

The goal of this task is to prepare a comprehensive Final Report that documents all activities conducted under this Agreement, including the original purpose, a summary of services performed and related outcomes, data realized through activities and as required to complete evaluation activities, and lessons learned with recommendations for future activities supporting the continued progress to reduce GHG emissions in the building sector. The Final Report shall be prepared in a manner easily understood by the public or other parties with limited technical background.

The Final Report must be completed before the termination date of the Agreement in accordance with the Schedule of Deliverables.

TASK 1.6.1. FINAL REPORT OUTLINE  The Contractor shall: 

Prepare a draft outline of the Final Report following guidance and direction provided by the CAM during relevant workplan reviews  

Submit the draft outline of the Final Report to the CAM for review and approval. The CAM will provide written comments to the Contractor on the draft outline. The Contractor shall review the comments and discuss any concerns regarding the recommended changes with the CAM 

Prepare and submit the final outline of the Final Report, incorporating the CAM’s comments 

Deliverables:  Outline of the Final Report (Draft and Final) 

TASK 1.6.2. FINAL REPORT

The Contractor shall:   Prepare the draft Final Report for this Agreement in accordance with the

approved final report outline, the CEC Style Guide and publications requirements and meeting all Americans with Disabilities Act requirements 

May 2021 Page 13 of 42 RFP-20-502

Submit the draft Final Report for review and comment. The CAM will provide written comments to the Contractor. The Contractor shall review the comments and discuss any issues with the recommended changes with the CAM 

Prepare and submit the Final Report, incorporating CAM comments 

Deliverables:  Final Report (Draft and Final) 

TASK 1.7 COMPLETE REQUIRED TRAININGS   Individuals from the selected Contractor and Subcontractors performing certain

tasks under the resulting contracts that qualifies as “consultant” work under the Political Reform Act will be required to complete conflict of interest trainings at least once every two years. For further detail on this requirement, see Exhibit G, Conflicts of Interest. The Contractor should anticipate 1.5 to 2 hours at least once every two years for individuals to which this requirement applies complete the necessary training.

TECHNICAL TASKS The Contractor shall be responsible for completing the tasks listed below during the term of this Agreement. For the first two years of this Agreement, these tasks will focus exclusively on serving new low-income residential housing projects unless stated otherwise. However, the BUILD pilot program is subject to review during initiation and administration by an independent program evaluator. Additionally, if funds reserved for new low-income residential housing building projects remain unspent after two years following program implementation, CEC, in consultation with CPUC staff, may change building project eligibility requirements through the implementation plan approval process and as allowed under Public Utilities Code Section 921.1(c)(2) to increase participation and make program funds, or a portion of program funds, available for other purposes consistent with the program. Consequently, the focus of the tasks below may expand to new market-rate housing projects, electric-ready retrofits to ease future transitions toward all-electric building, or other new measures based on the program evaluation.

TASK 2 PROVIDE EDUCATION, OUTREACH, AND STAKEHOLDER ENGAGEMENT SUPPORT TO THE BUILD PROGRAM

The goal of this task is to conduct outreach and educational activities to a diverse set of stakeholders to promote and encourage participation in the BUILD incentive program and raise awareness of the feasibility and benefits of building near zero-emission and all-electric housing. Initially, stakeholders will include but not be limited to low-income residential housing developers and owners, state and local government agencies, low-income housing advocacy groups, and other relevant parties. although this may expand or change over time as this pilot program is evaluated and further developed. Another goal of this task is to develop and maintain a robust pipeline of projects applying for BUILD Program incentives in alignment with the targeted distribution of Program funds and other program priorities.

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As a pilot program, BUILD is modeling a new pathway to achieving low-emission buildings in California. Conducting effective stakeholder education and engagement is essential to program success. As discussed in Chapter Eight of the BUILD Implementation Plan, outreach activities are designed to encourage changes within the building sector that increase the adoption of high-performance building designs and near-zero-emission building technologies.

Activities include dissemination of accurate technical and narrative information about technologies and building designs including field data on costs, efficacy, and efficiency of all-electric housing versus mixed-fuel housing in all four gas utilities territories. The Contractor’s work must be coordinated with and complement other building decarbonization efforts conducted by CEC, CPUC, and other related parties. Tasks identified below shall also be consistent with the BUILD Program Implementation Plan and all other BUILD Guidance Documentation.

To ensure robust program participation, this Task will begin prior to the BUILD incentive Program’s launch and will continue throughout the contract term. The Contractor will provide services that include, but are not limited to, the following areas:

Develop a Technical Assistance Outreach and Education Plan (Outreach Plan) that targets key program stakeholders and represents all segments of the low-income and affordable multifamily housing industry. The Outreach Plan must reflect the priorities of the BUILD Program, and may prioritize specific disadvantaged communities, climate zones, income areas, and other targets. Draft versions will be prepared for review and approval by the CAM prior to the development of a final Outreach Plan. Updates to the final Outreach Plan, including revisions to address potential changes to the BUILD program after two years, will be considered during the development of Quarterly Workplans identified in Task 1.5.

Conduct education and outreach campaigns to residential building developers and owners, government agencies, housing advocacy groups and other stakeholders in all four gas utilities’ territories to promote the BUILD incentive program and advance awareness of the available technical assistance. Campaigns must initially be for low-income and affordable multifamily housing, but this may change or expand as the BUILD program is evaluated and modified

Develop educational materials, factsheets and web content focused on residential building decarbonization design and all-electric technology for various stakeholder groups and participants (e.g. project developers, architects, contractors). Materials must include, but are not limited to, multi-fuel vs. all electric cost and GHG savings comparisons for building, space and water heating, and appliance technologies, and eligible measures for the BUILD Program’s target markets and climate zones. The program may also be available to mixed-use and mixed-income projects. These materials will be targeted to both market rate and low-income and affordable multifamily residential markets

Develop and make available educational webinars and additional tools to educate housing building industry professionals

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Develop, maintain and manage web-based pages and resources to support the implementation of services under this Agreement, in collaboration with and at the direction of the CAM. Provide web-based materials and resources for CEC and partner organizations as needed to support program implementation and develop materials and tools to provide access to technical assistance services, BUILD Incentives, and support reporting and evaluation activities

Provide education, outreach, and stakeholder engagement services to market-rate developers and owners, and other relevant stakeholders following any changes to or expansion of the BUILD Program, as appropriate and only when approved by the CAM

Coordinate with the Technology and Equipment for Clean Heating (TECH) Initiative staff and contractors to ensure collaboration, avoid duplication, and facilitate the leveraging of resources

Deliverables: Draft and Final Technical Assistance Outreach Plan, to be reviewed and

approved by the CAM. The plan will be updated over the term of the contract as noted above

Educational webinars, outreach and educational documents, training materials, technical guides, and factsheets for eligible building design elements, eligible technologies, and other similar program purposes

Web-based pages, tools and resources to support the implementation of services under the Agreement and access to technical assistance services.

Monthly or periodic (less than monthly) coordination meetings with the TECH staff to ensure effective collaboration

Implement outreach and education activities to parties as described above Summary of outreach and educational activities with specific metrics in

Monthly/Periodic Progress Reports

TASK 3: PROVIDE TECHNICAL ASSISTANCE FOR POTENTIAL BUILD INCENTIVE PROGRAM PARTICIPANTS

The goal of this task is to provide a spectrum of technical assistance services to BUILD Program incentive applicants and recipients including but not limited to: assistance with residential building decarbonization design; expanded access to technical and market information on building technologies and appliances supporting building decarbonization; assistance completing the BUILD Incentive application process; and additional assistance to support project completion and reporting. The level of technical assistance will vary depending on an applicant’s existing expertise in near-zero technologies and building design, readiness, need, and stage of project development. The BUILD Technical Assistance Provider must acquire and demonstrate a thorough command of BUILD incentive program requirements and incentive calculation factors and structure, eligible technologies, program specifics related to individual climate zones and other variables affecting incentive eligibility and impacts to owner and tenant utility costs. Performing these tasks requires direct engagement with housing developers and owners, government agencies, and manufacturers of eligible technologies.

May 2021 Page 16 of 42 RFP-20-502

The Contractor shall provide technical assistance that includes but is not limited to the following areas:

General BUILD Technical Assistance

Develop, in collaboration with the BUILD staff, a technical assistance design and corresponding implementation strategy. This includes consumer-facing interest form process, under which stakeholders can apply for and receive technical assistance to develop and construct near-zero emission residential buildings. These efforts must align with the CEC’s BUILD website and other consumer facing efforts. This work will begin prior to the BUILD incentive Program’s launch to ensure robust program participation

Conduct technical assistance intake interviews, prepare summaries and service recommendations for approval by the CAM

Assist applicants with layering BUILD incentives with other common industry financing programs such as CTCAC, CDLAC, HCD and the AHSC programs

Assist eligible housing developers in identifying complementary clean energy incentives available by the state, federal, local government, LSEs, RENs, and other parties

Assistance with Residential Building Decarbonization Design

Provide qualified team personnel or Subcontractors capable of delivering a comprehensive suite of services (as the BUILD Technical Assistance Provider) to each BUILD incentive program participant, addressing all phases of building construction —from layering incentives, designing, permitting, construction, completion and commissioning

Provide a full suite of technical assistance to eligible residential stakeholders (e.g. building designers, architects, engineers, general contractors, developers, owners, property managers, housing advocacy groups, government agencies, local governments, and other stakeholders) to support the adoption of all-electric whole building and passive design building approaches (including: near-zero emission high efficiency HVAC systems and appliances)

Offer assistance to eligible housing developers to consider near-zero emission all-electric building design options and overcome project specific design challenges presented by new building developments, renovations, rebuilds, and repurposing of nonresidential building for residential use. This work requires experienced and licensed architects or engineers. The program will also be available to mixed income and mixed-use projects

Expand access to technical and market information on building technologies and appliances supporting building decarbonization. As an element of technical assistance, develop and share technical information, design and installation considerations and other market information to further support adoption of near zero technologies and building designs

Provide technical assistance to potential BUILD incentive applicants to facilitate their readiness to apply for BUILD incentives, in accordance with BUILD Guidance Documentation.

Assistance completing the BUILD Incentive Application Process and Project Completion

Assist applicants in completing incentive application submittals and potential incentive award estimates

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Advise applicants and BUILD staff as needed to resolve any barriers to participation in the incentive process

Provide referrals to manufacturers’ resources to support electric space and water heating building technologies and appliance installations

Provide energy consultation assistance to project developers and engineers in conjunction with their California Association of Building Energy Consultants (CABEC)-qualified Certified Energy Analysts (CEA)2 to assist in modeling projects in CBECC or other approved Title 24 Part 6 compliance software to assess proposed building designs energy efficiency, and GHG emissions. This requires understanding of the Home Energy Rating System (HERS) registries and services

Advise low-income and affordable multifamily developers on local governments’ all-electric building permit requirements specified in relevant laws, ordinances, regulations, and standards and advise, if needed, on all-electric building Reach Codes development

Consult in an advisory capacity to local government building department officials, industry training partners and other parties on all-electric building permit considerations, equipment and technologies and related requirements

Provide technical assistance necessary to complete low income housing projects; conduct in-person and virtual site visits as needed to support design efforts

Deliverables: Assist in designing and establish an intake process for technical assistance

inquiries and requests; in support of, and in alignment with the CEC’s BUILD website and consumer facing efforts. This will require a phased approach, dependent on program activity level, that will ultimately include an online portal, requiring site hosting and maintenance

Technical assistance intake interview summaries and service recommendations Database for tracking participation and program activity and impact metrics Provision of technical assistance services as described herein Project-level summaries and statistics in Monthly/Periodic Progress Reports

TASK 4: PROVIDE TECHNICAL SUPPORT AND SUBJECT MATTER EXPERTISE TO THE BUILD PROGRAM STAFF The goal of this task is to provide technical support and subject matter expertise to assist CEC Staff to implement and develop the BUILD Program. The Contractor will provide input to help CEC staff with program design, implementation, and reporting. This will also include updating program implementation to align with regular updates to California Energy Code (Title 24), and incorporating lessons learned in early implementation to strengthen program impact.

The Contractor shall provide technical assistance that includes but is not limited to the following areas:

Assist CEC staff with the technical aspects of BUILD Program implementation

2 CEA should meet the requisite experience and certifications to conduct activities for single family, low-rise multi-family, and high-rise residential energy modeling. May 2021 Page 18 of 42 RFP-20-502

Provide input and feedback and conduct and present research and analysis on program design, including but not limited to research and analysis of low-income residential development, building technologies, energy consumption and conservation, or utility bills

Serve as a continuous feedback loop conveying responses from applicants and the wider housing sector to the BUILD staff so appropriate program adjustments can be made by CEC to increase incentive program subscriptions and bolster BUILD Program success

Provide technical assistance to CEC staff for implementing any modifications to the BUILD Program

Deliverables: Research and analysis on program design Feedback from applicants and the wider housing sector on the program in

Monthly/Periodic Progress Reports

Additionally, at the direction of the CAM through a properly executed Work Authorization, the Contractor shall:

Provide market analysis of the California residential building sector. This market analysis may focus on sector-wide drivers and impediments of decarbonization efforts; low-emissions building trends, local ordinances and requirements supporting wider adoption in the low-income housing sector; and in consultation with CAM, develop projections for BUILD Program’s participation rate

TASK 5: PROVIDE DATA AND OTHER REQUESTED INFORMATION FOR BUILD PROGRAM EVALUATION, MEASUREMENT AND VERIFICATION (EM&V) The goal of this task is to generate, collect, and provide requested program data and input for program evaluation by an independent program evaluator. Pursuant to SB 1477, and as discussed in Chapter Ten of the BUILD Implementation Plan, BUILD will be evaluated after two years, and may require modifications to incorporate lessons learned from early program implementation and the assessment provided by an independent program evaluator. BUILD Program performance metrics and indicators at a minimum must include: 1) the number of low-emission systems installed in each building type; 2) project utility bill savings; and 3) the cost per metric ton of avoided GHG emissions. Additional data points to collect will be identified as the BUILD Program evolves, key metric sources include (1) the BUILD Guidance Documentation or (2) the BUILD/TECH independent program evaluator.

The Contractor shall provide technical assistance that includes but is not limited to the following areas

Assist BUILD staff with collecting and furnishing data required for program evaluation in accordance with BUILD Guidance Documentation

Coordinate with, and provide information to, the independent evaluator in accordance with BUILD Guidance Documentation

Deliverables: Inclusion of program activity and impact data in Monthly/Periodic reports, that

includes but is not limited to: the number of inquiries, the number of participants

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served, type and level of technical assistance provided, technologies adopted, demographic information about participants (e.g. new versus experienced in building decarbonization, location), and other project metrics

Additionally, at the direction of the CAM through a properly executed Work Authorization, the Contractor shall:

Review completed projects to assess installed equipment and validate performance and efficiencies to improve technical assistance services under the BUILD Program

SCHEDULE OF DELIVERABLES AND DUE DATESAdministrative tasks are to be completed as described above, with the initial start of activities based on the date the Agreement is finalized.

Technical tasks are on-going over the course of the contract with specific deliverables and associated budget and deadlines agreed upon during the Quarterly Work Plans, as described above.

Task # Deliverable Due Date1 Agreement Management Ongoing1.1 Kickoff Meeting, including meeting notes and next

steps summaryAugust 2021

1.2 Invoices Ongoing1.3 Manage Subcontractors Ongoing1.4 Monthly/Periodic Progress Report Ongoing1.5 Quarterly Work Plan Every Three

Months1.6 Final Report July 2025 or 20271.7 Completed Required Trainings Biennial2 Education and Outreach Plan, Factsheets,

Educational Materials, Training Manuals, Market Analysis, Website

Starting August 2021 and Ongoing

3 Technical Assistance to Incentive Applicants, TA Application Process and Tracking System, Project Level Summaries

Starting August 2021 and Ongoing

4 Technical Assistance to Staff, Program design research and analysis, Market Analysis, Task Summary

Ongoing

5 Assistance with Program Evaluation, Measurement & Verification Process

Ongoing

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III. Proposal Format, Required Documents, and Delivery

ABOUT THIS SECTION This section contains the format requirements and instructions on how to submit a proposal. The format is prescribed to assist the Bidder in meeting State bidding requirements and to enable the CEC to evaluate each proposal uniformly and fairly. Bidders must follow all Proposal format instructions, answer all questions, and supply all requested data.

REQUIRED FORMAT FOR A PROPOSAL

All proposals submitted under this RFP must be typed or printed using a standard 11-point font, single-spaced and a blank line between paragraphs. Pages must be numbered, and sections titled.

The technical and cost proposal is limited to thirty-five (35) pages in length, not including any Previous Work Products as required under Section 2:(F).

METHOD FOR DELIVERY

The method of delivery for this solicitation is the CEC Grant Solicitation System, available at: https://gss.energy.ca.gov/. This online tool allows applicants to submit their electronic documents to the CEC prior to the date and time specified in this solicitation. Electronic files must be in Microsoft Word and Excel Office Suite formats unless originally provided in the solicitation in another format. Attachments requiring signatures may be scanned and submitted in PDF format. Completed Budget Forms, Attachment 7, must be in Excel format. The system will not allow applications to be submitted after the application due date and time.First time users must register as a new user to access the system. Applicants will receive a confirmation email after all required documents have been successfully uploaded. A tutorial of the system is available on the CEC website under General Funding Resources. You may contact the Contract Agreement Officer identified in the Contact Information section of this solicitation for more assistance.

Due to COVID-19, hard copies will not be accepted for this solicitation.

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ORGANIZE YOUR PROPOSAL AS FOLLOWS

SECTION 1: Administrative Response

Cover LetterTable of ContentsContractor Status Form Attachment 1Darfur Contracting Act Form Attachment 2Small Business Certification If applicableCompleted Disabled Veteran Business Enterprise form Attachment 3Bidder Declaration form GSPD-05-105 Attachment 4Contractor Certification Clauses Attachment 5TACPA Forms If applicableIran Contracting Act Form Attachment 9CA Civil Rights Laws Certification Attachment 10

SECTION 2: Technical and Cost Proposal

Approach to Tasks in Scope of WorkOrganizational StructureRelevant Experience and QualificationsLabor Hours by Personnel and TaskClient References Attachment 6Previous Work Budget Forms Attachment 7. See also G

below.

A. Approach to Tasks in Scope of WorkDescribe the Bidder’s approach to providing services listed in the Scope of Work, highlighting any outstanding features, proposed tactics, qualifications, and experience.

B. Organizational Structure1. Describe the organizational structure of the Bidder, including providing an

organizational chart of the entire contract team.2. Provide a short description of each firm and key members on the team. Describe

the relationship between the Contractor and Subcontractors on your team. 3. Identify the location of the Bidder’s and Subcontractor’s headquarters and

satellite office(s) and proposed methods of minimizing costs to the State. 4. Describe Bidder’s professional awards.5. Describe the organization, composition, and functions to be performed by staff

members of the Bidder and any Subcontractors and how the staff pertains to this contract.

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C. Relevant Experience and Qualifications1. The Contractor’s proposed team for this RFP must demonstrate the depth and

breadth of the project team’s qualifications as they apply to performing the tasks described in the Scope of Work. Please describe experience as it relates to this Scope of Work as summarized below.

a. Project management Experience managing teams of staff implementing complex

programs with a range of deliverables and recurring adjustments to scope, timelines and budget.

b. Team Experience in Outreach, Education, and Stakeholder Engagement, including but not limited to: Conducting outreach and education campaigns relevant to energy

and/or building decarbonization issues Working closely with developers, utilities, state and local

government agencies, advocacy groups, low-income and disadvantaged communities’ representative organizations and other stakeholders as described above

Producing informational and training materials Developing interactive multimedia informational websites and web

contentc. Team’s Expertise and Field Experience in the Technical Assistance for

Low-Income Housing Sector and Building Decarbonization Effort: Providing qualified team personnel or Subcontractors that are

capable of providing comprehensive suite of services offered by BUILD Technical Assistance Provider to each BUILD incentive program participant including all phases of building projects—from layering incentives, designing, permitting, construction, completion and commissioning

Experience working with low-income housing developers and in disadvantaged communities, specifically the design considerations unique to low-income housing developments and hard to reach communities

Experience designing and consulting for the market rate, mixed-use and mixed-income residential housing projects

Experience in designing high performance buildings and passive houses, using whole building design approaches, and with energy efficient building designs comporting to local-and-state-level Building (REACH) and Energy Codes 

Expertise in energy consulting by appropriately credentialed personnel, such as a Title 24 CEA and HERS verifiers

Experience in building renovations, rebuilds, repurposing of nonresidential buildings for residential use

Extensive knowledge of federal, state, local government-level housing and energy-related incentives, tax credits, rebates, grants, and other assistance programs

Experience in providing technical assistance and implementing programs

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d. Demonstrate Technical Proficiency in Near-zero Emission High Efficiency Space and Water Heating and Appliances  Technical fluency with incentive-eligible technologies Ability to quickly digest new technology and its unique installation

attributes Ability to advise low-income housing developers on all-electric low-

emissions electric space and water heating equipment and appliance options and provide technical assistance in installation

2. Identify and list all Bidder staff and Subcontractors (all team members) who will be committed to the tasks and describe their roles.

3. Provide current one (1) page (two sided) resumes for all team members listed, including job classification and description, relevant experience, education, academic degrees, and professional licenses.

4. Identify the percentage of time each team member will be available throughout the contract.

D. Labor Hours by Personnel and Task Provide the title or classification of each person and their level of effort (hours) for each task, including Subcontractor hours.

E. Client References Each bidder shall complete Client Reference Forms. Three client references are required for the Contractor and three for each Subcontractor.

All references must include the name and telephone number of a contact person with the contacting organization. These individuals, as well as others, may be contacted by the CEC when reviewing the submitted proposals. Final evaluations filed with the State on Bidder’s past contract performance may be reviewed; therefore, the Bidder may wish to discuss any disagreements he/she has with those evaluations.

F. Previous Work Products Each bidder shall provide one example of a similar work product for the services to be provided in Tasks 2 and 3 that demonstrate experience and competence relevant to the tasks. If Subcontractors will be providing technical support for a task, each Subcontractor shall also submit one (1) example work product that demonstrates experience and competence in potential work assignments described in this RFP.

Web links should be included when possible. Describe the scale and nature of the project, role(s) Bidder has performed, or contributions made, services provided, and final product/outcome.

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G. Budget Forms Category Budget Attachment 7Direct Labor Attachment 7Fringe Benefits Attachment 7Travel Attachment 7Equipment Attachment 7Materials & Miscellaneous Attachment 7Subcontracts Attachment 7Indirect Costs and Profit Attachment 7Loaded Hourly Rate Calculation Attachment 7aTotal Expected Labor Cost Attachment 7b

The Bidder must submit information on all of the attached budget forms and this will be deemed the equivalent of a formal Cost Proposal.

Detailed instructions for completing these forms are included at the beginning of Attachment 7.

Rates and personnel shown must reflect rates and personnel you would charge if you were chosen as the Contractor for this RFP. Bidder must include all people anticipated who will provide service on the Agreement. The CEC may consider adding a person that the Bidder did not include in its Proposal. However, because the additional person might affect the Bidder's score or take additional time that the CEC does not have or does not want to spend, the CEC reserves the right to do any of the following, along with any other existing rights:

Assess how the new person might affect the Bidder’s score, including possibly rescoring the Proposal

Refuse to add the new person Add the new person.

Bidders are cautioned that they should include all team members in their Proposal. The CEC does not want to be in the position of assessing additional persons after the Notice of Proposed Award.

The salaries, rates, and other costs entered on these forms become a part of the final agreement. The entire term of the agreement and projected rate increases must be considered when preparing the budget. The rates bid are considered capped and shall not change during the term of the contract. The Contractor shall only be reimbursed for their actual rates up to these rate caps. The labor rates shall be unloaded (before fringe benefits, overheads, general & administrative (G&A) or profit).

All budget forms are required because they will be used for the contract prepared with the winning Bidder.

Note that CAM may redirect or shift labor hours between various Task items, provided that any such movement of labor hours does not exceed the then-available total budget for labor hours under the Agreement.

NOTE: The information provided in these forms will not be kept confidential.

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IV. Evaluation Process and Criteria

ABOUT THIS SECTION

This section explains how the proposals will be evaluated. It describes the evaluation stages, preference points, and scoring of all proposals.

PROPOSAL EVALUATION

A Bidder’s proposal will be evaluated and scored based on their response to the information requested in this RFP. The entire evaluation process from receipt of proposals to posting of the Notice of Proposed Award is confidential.

To evaluate all Proposals, the CEC will organize an Evaluation Committee. The Evaluation Committee may consist of the CEC staff or staff of other California state entities.

The Proposals will be evaluated in two stages:

Stage One: Administrative and Completeness ScreeningThe Contracts Office will review Proposals for compliance with administrative requirements and completeness. Proposals that fail Stage One shall be disqualified and eliminated from further evaluation.

Stage Two: Technical and Cost Evaluation of ProposalsProposals passing Stage One will be submitted to the Evaluation Committee to review and score based on the Evaluation Criteria in this solicitation.

During the evaluation and selection process, the Evaluation Committee may schedule a clarification interview with a Bidder that will either be held by telephone or in person at the CEC for the purpose of clarification and verification of information provided in the proposal. However, these interviews may not be used to change or add to the contents of the original Proposal. CEC also reserves the right to contact any reference provided by the bidder to assist in the evaluation of the Proposals, such as verifying information contained in the Proposal or a bidder’s qualifications or experience, or the qualifications and experience of any subcontractor identified in the Proposal.

The total score for each Proposal will be the average of the combined scores of all Evaluation Committee members.

After scoring is completed, Proposals not attaining a score of 70 percent of the total possible points will be eliminated from further competition.

All applicable Preferences will be applied to all Proposals attaining a minimum of 70 percent of the total possible points. The agreement shall be awarded to the responsible Bidder meeting the requirements outlined above, who achieves the highest score after application of Preferences.

May 2021 Page 26 of 42 RFP-20-502

SCORING SCALE

Using this Scoring Scale, the Evaluation Committee will give a score for each criterion described in the Evaluation Criteria Worksheet.

% of Possible Points

Interpretation Explanation for Percentage Points

0 % Not Responsive

Response does not include or fails to address the requirements being scored. The omission(s), flaw(s),or defect(s) are significant and unacceptable.

10-30% Minimally Responsive

Response minimally addresses the requirements being scored. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

40-60% Inadequate

Response addresses the requirements being scored, but there are one or more omissions, flaws, or defects or the requirements are addressed in such a limited way that it results in a low degree of confidence in the proposed solution.

70% AdequateResponse adequately addresses the requirements being scored. Any omission(s), flaw(s), or defect(s) are inconsequential and acceptable.

80% Good

Response fully addresses the requirements being scored with a good degree of confidence in the Bidder’s response or proposed solution. No identified omission(s), flaw(s), or defect(s). Any identified weaknesses are minimal, inconsequential, and acceptable.

90% Excellent

Response fully addresses the requirements being scored with a high degree of confidence in the Bidder’s response or proposed solution. Bidder offers one or more enhancing features, methods or approaches exceeding basic expectations.

100% Exceptional

All requirements are addressed with the highest degree of confidence in the Bidder’s response or proposed solution. The response exceeds the requirements in providing multiple enhancing features, a creative approach, or an exceptional solution.

NOTICE OF PROPOSED AWARD

The CEC will post a Notice of Proposed Award (NOPA) on the Commission’s Web Site, and will email the NOPA to all parties that submitted a proposal.

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BUILD PROGRAM EVALUATION CRITERIA Possible Points

Bidder’s Organizational Structure 5

Organizational chart shows efficient, well-defined team structure

Demonstrated breadth and depth of experience with subcontractor management

Overall Responsiveness to Administrative and Technical Task requirements

Clearly defined functions to be performed by key team members and how the staffing pertains to this contract including all qualifying attributes such as credentials, certificates, degrees and other experience germane to their respective roles in this RFP

Bidder’s Administrative Capabilities 5

Demonstrates strong capability to effectively and efficiently manage personnel and sub-contractors

Demonstrates adequate fiscal management and controls

Demonstrated experience and success at managing multiple, complex issues and resolving problems and disputes

Has capability for word processing, document management, spreadsheet expertise, and technical writing and editing

Has well-established quality control processes

Bidder and Subcontractor Qualifications and Team Member Experience and Capabilities by Task 10

Resume summary provided for all personnel (Bidder and subcontractors)

Availability of key personnel in all pertinent areas

Demonstrated breadth and depth of coverage for all technical areas and functions to be performed by Bidder and Subcontractors

Proper alignment of key personnel (Bidder and Subcontractors) with technical tasks and deployment in appropriate teams

Clear descriptions of background and expertise of personnel of Bidder and Subcontractors

Bidder identified appropriate techniques, approaches, and methods to be used in providing the services listed in the Scope of Work, highlighting any outstanding features, qualifications and experience

Bidder identifies and discusses factors critical for success, in addition to risks, barriers, and limitations. Provides a plan to address them.

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Previous Work Products 5

Bidder provided at least one example of a similar work product for the services (Bidder or Subcontractor) in Task 2 and 3 as described in the RFP

Experience described is both relevant and recent

Quality of example(s) of similar project(s) managed by the Contractor

Team Qualifications for Providing Education, Outreach and Stakeholder Engagement Support to the BUILD Program 10

Demonstrated success developing and implementing the items described in Task 2

Demonstrated breadth and depth of knowledge of and experience conducting active and passive outreach campaigns to low-income residential and affordable multifamily building stakeholders to promote available technical assistance and incentive programs

Demonstrated breadth and knowledge of developing (or curating existing) education and training materials focused on building decarbonization design and all-electric technologies

Demonstrated breadth and knowledge of developing and making available educational webinars and additional tools to educate low-income and affordable housing building industry professionals

Demonstrated breadth and depth of knowledge of, and experience dealing with, and overcoming the barriers faced by low-income affordable multifamily developers as well as disadvantaged and hard to reach community concerns

Demonstrated quality of work examples

Team Qualifications for Providing Technical Assistance for Potential BUILD Incentive Program Participants 15

Demonstrated breadth and depth of knowledge of and experience assessing and analyzing items described in Task 3

Demonstrated breadth and depth of knowledge and experience advising on residential low-income and affordable multifamily ordinances, regulations and standards compliance including the Title 24 Building Code, the Energy Code and local all-electric building Reach Codes

Demonstrated breadth and depth of knowledge and experience developing and conducting technical assistance intake and interview processes

Demonstrated breadth and depth of knowledge of and experience assisting applicants in successfully completing incentive applications

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Demonstrated breadth and depth of knowledge and experience with developing a scalable consumer facing technical assistance and application processes.

Demonstrated breadth and depth of knowledge and experience with building renovations, rebuilds, and the repurposing of non-residential buildings for residential use

Demonstrated breadth and depth of knowledge and experience with federal, state, local government-level housing and energy-related incentives, tax credits, rebates, grants and other assistance programs

Demonstrated breadth and depth of knowledge and technical proficiency in near-zero emission high efficiency HVAC and appliances including unique installation attributes

Demonstrated depth and quality of work examples

Team Qualifications for Providing Technical Support and Subject Matter Expertise to the BUILD Program Staff 10

Demonstrated breadth and depth of knowledge of and experience assessing and analyzing items described in Task 4

Demonstrated breadth and depth of knowledge and experience with market analysis of California’s residential building sector focusing on sector-wide drivers and impediments of decarbonization efforts and low emission building trends

Demonstrated breadth and depth of knowledge and experience assisting with the development and maintenance of a program that requires a targeted distribution of program funds

Demonstrated breadth and depth of knowledge and experience with data collection, providing continuous feedback loops and identifying lessons learned

Demonstrated breadth and depth of knowledge of and experience with formulating lessons learned from program evaluations into new programmatic elements

Demonstrated breadth and depth of knowledge of and experience with expanding a program from a pilot market to other priority sectors and to the more generalized market as a whole

Team Qualifications for Supporting BUILD Program Evaluation, Measurement and Verification (EM&V) Activities 5

Demonstrated breadth and depth of knowledge of and experience assessing and analyzing items described in Task 5

Demonstrated breadth and depth of knowledge and experience collecting and furnishing required EM&V program evaluation data

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Demonstrated breadth and depth of experience with providing input and assistance with updating statutorily required program guidelines

Demonstrated breadth and depth of knowledge of providing periodic and annual summary reports on program metrics

Team Qualifications: Data Development and Management Skills 5

Demonstrated ability to develop strategies for improving data management and use, including developing databases, developing tools and approaches for drawing on stored data to support technical analyses, and developing clear and concise approaches to sharing the results of technical analyses to technical and public audiences.

Demonstrated breadth and depth of knowledge and experience with data analysis

Demonstrated breadth and depth of knowledge of and experience with various modeling techniques and creating in-house tools, like MS Excel and Access, to compile, analyze, and present data

COST CRITERIA 30

Total Expected Labor Costs (Cost Points). The Score for these criteria will be derived from the mathematical cost formula set forth below under Cost Criteria.

30

Total Possible Points 100

Minimum Passing Score (70%) 70

BIDDER’S TOTAL TECHNICAL SCORE

See Section V. for Preference Details

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Cost CriteriaTotal Expected Labor Costs (30 Cost Points)

Step 1

Calculate each Individual’s Loaded Hourly Rate = DL + FB + Indirect + Profit (Separately for the Prime and each Subcontractor). This is documented on Attachment 7a in each workbook.

Step 2

The Bidder (Contractor) will complete the Attachment 7b of the budget workbook. This form will calculate the Total Expected Labor Costs portion of the cost criteria.

Total Expected Labor Cost Points:

Lowest Proposal Total Expected Labor Cost = 100% of total possible points for this criteria.

All other proposals get a lower percentage of the possible points based on how close their proposal Total Expected Labor Cost is to the lowest proposal Total Expected Labor Cost as follows:

Lowest Proposal Total Expected Labor Cost / Other Proposal Total Expected Labor Cost = Other Proposal % of Possible Points

Example:

Proposal A Total Expected Labor Cost: $85,347; Proposal B Total Expected Labor Cost: $90,242; Proposal C Total Expected Labor Cost: $87,249.

Proposal A: Lowest Proposal Total Expected Labor Cost = 100% possible points

Proposal B: $85,347/$90,242 = 94.57% possible points

Proposal C: $85,347/$87,249= 97.82% possible points

Points Allocation (30 possible points):

Proposal A: 100% possible points = 30 points

Proposal B: 94.57% possible points = 28.37 points

Proposal C: 97.82% possible points = 29.35 points

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V. Business Participation Programs (Requirements and Preferences)

A Bidder may qualify for preferences/incentives as described below. Each Bidder passing Stage One screening will receive the applicable preference/incentive.

This section describes the following business participation programs:

DVBE Participation Compliance Requirements Small Business/Microbusiness Preference Non-Small Business Preference Target Area Contract Act Preference

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) Compliance Requirements DVBE Participation RequiredThis RFP is subject to a mandatory certified DVBE participation of at least three percent (3%).

Two Methods to Meet DVBE Participation Requirement If Bidder is a DVBE, then Bidder has satisfied the participation requirements if it

commits to performing at least 3% of the contract with the Bidder’s firm, or in combination with other DVBE(s).

If Bidder is not a DVBE, Bidder can satisfy the requirement by committing to use certified DVBE Subcontractors for at least 3% of the contract.

Required FormsBidders must complete Attachments 1, 3 and 4 to document DVBE participation. If Bidder does not include these forms, the Bid is considered non-responsive and shall be rejected.

Contractor Status Form (Attachment 1). Under the paragraph entitled: “Disabled Veteran Business Enterprise Participation

Acknowledgement”, make sure to check the “yes” “DVBE Participation” box. DVBE Declarations Std. Form 843 (Attachment 3) Bidder Declaration Form GSPD-05-105 (Attachment 4)

DVBE Definition For DVBE certification purposes, a "disabled veteran" is:

A veteran of the U.S. military, naval, or air service; The veteran must have a service-connected disability of at least 10% or more;

and The veteran must be domiciled in California.

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DVBE Certification and Eligibility To be certified as a DVBE, your firm must meet the following requirements:

o Your business must be at least 51% owned by one or more disabled veterans;

o Your daily business operations must be managed and controlled by one or more disabled veterans

o The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business; and

o Your home office must be located in the U.S. (the home office cannot be a branch or subsidiary of a foreign corporation, foreign firm, or other foreign based business).

DVBE limited liability companies must be wholly owned by one or more disabled veterans.

Each DVBE firm listed on the DVBE Declarations Std. form 843 (Attachment 3) and on the Bidder Declaration form GSPD-05-105 (Attachment 4) must be formally certified as a DVBE by the Office of Small Business and DVBE Services (OSDS). The DVBE program is not a self-certification program. Bidder must have submitted application to OSDS for DVBE certification by the Bid due date to be counted in meeting participation requirements.

Printing / Copying Services Not EligibleDVBE Subcontractors cannot provide printing/copying services. For more information, see section VI Administration, which states that printing services are not allowed in proposals.

To Find Certified DVBEsAccess the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at The State of California Certifications Webpage. Search by “Keywords” or “United Nations Standard Products and Services Codes” (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for Subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at California State Contracts Register Webpage. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: OSDCHelp@dgs.ca.gov.

Commercially Useful FunctionDVBEs must perform a commercially useful function relevant to this solicitation, in order to satisfy the DVBE program requirements. California Code of Regulations, Title 2, Section 1896.71 provides:

“(a) A DVBE contractor, Subcontractor or supplier of goods and/or services that contributes to the fulfillment of the contract requirements, shall perform a Commercially Useful Function (CUF) for each contract.

(b) A DVBE contractor, Subcontractor, or a supplier of goods and/or of services is deemed to perform a CUF if the business does all of the following:

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(1) Is responsible for the execution of a distinct element of work of the contract (including the supplying of services and goods);

(2) Carries out its obligation by actually performing, managing, or supervising the work involved;

(3) Performs work that is normal for its business services and functions;

(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;

(5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

(c) A contractor, Subcontractor or supplier will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.”

Information VerifiedInformation submitted by the Bidder to comply with this solicitation’s DVBE requirements will be verified. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of PCC Section 10115, et seq., and Military & Veterans Code Section 999 et seq., and follow the investigatory procedures required by California Code of Regulations Title 2, Section 1896.90 et. seq. Contractors found to be in violation of certain provisions may be subject to loss of certification, sanctions and/or contract termination.

DVBE ReportUpon completion of the contract for which a commitment to achieve DVBE participation was made, the Contractor that entered into a subcontract with a DVBE must certify in a report to the CEC: 1) the total amount the Contractor received under the contract; 2) the name and address of the DVBE(s) that participated in the performance of the contract; 3) the amount each DVBE received from the Contractor; 4) that all payments under the contract have been made to the DVBE(s); and 5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. Military & Veterans Code Section 999.5(d).

The Office of Small Business and DVBE Services (OSDS)

OSDS offers program information and may be reached at:

Department of General ServicesOffice of Small Business and DVBE Services707 3rd Street, 1st Floor, Room 400West Sacramento, CA 95605DGS WebsitePhone: (916) 375-4940 Fax: (916) 375-4950E-mail: OSDSHelp@dgs.ca.gov

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DVBE Law Public Contract Code Section 10115 et seq. Military & Veterans Code Section 999 et. seq. California Code of Regulations Title 2, Section 1896.60 et. seq.

DVBE INCENTIVE

The information below explains how the incentive is applied and how much of an incentive will be given.

Incentive ApplicationAward Based on High Point: The Incentive is applied by adding the incentive points to the Proposal for Bidders that include more than the minimum required 3.00% DVBE participation. In other words, if a Bidder includes 3.01% DVBE participation or greater, it will receive the DVBE incentive. If you include 3% DVBE participation, you will not receive the incentive. You will only receive the incentive, if you include 3.01% or greater DVBE participation. Incentive points cannot be used to achieve any applicable minimum point requirements. The DVBE incentive is only applied during the Proposal evaluation process and only to responsive Proposals from responsible Bidders.

Incentive amount For awards based on low price, the incentive will vary in conjunction with the percentage of DVBE participation. The DVBE Incentive Program may be used in conjunction with the Small Business preference which gives a 5% preference to small business Bidders or 5% to non-small business Bidders committed to subcontracting 25% of the overall Bid with small businesses.

Proposed DVBEParticipation Level

DVBE Incentive% Price Preference

DVBE IncentivePoints

3.01% - 3.99% 1% 14.00% - 4.99% 2% 25.00% - 5.99% 3% 36.00% - 6.99% 4% 47.00% or over 5% 5

*The percentage is based on the total possible available points not including preference points for small/micro business, non-small business or TACPA.

Required Forms:

Contractor Status Form (Attachment 1). DVBE Declarations Std. Form 843 (Attachment 3) Bidder Declaration Form GSPD-05-105 (Attachment 4)

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Proposed DVBEParticipation Level

DVBE Incentive% Price Preference

DVBE IncentivePoints

1% to 1.99% 1% 12% to 2.99% 2% 23% to 3.99% 3% 34% to 4.99% 4% 45% or over 5% 5

DVBE Incentive Law Military & Veterans Code Section 999.5(a) California Code of Regulations Title 2, Section 1896.99.100 et.seq.

SMALL BUSINESS / MICROBUSINESS / NON-SMALL BUSINESS

PreferenceBidders who qualify as a State of California certified small business will receive five percent (5%) preference points based on the highest responsible bidder's total score, if the highest scored proposal is submitted by a business other than a certified small business.  Bidders qualifying for this preference must submit a copy of their Small Business Certification and document their status in Attachment 1, Contractor Status Form.

Required Forms Submit a copy of your Small Business Certification Contractor Status Form (Attachment 1) Complete the “Small Business Preference Claim” section Bidder Declaration Form GSPD-05-105 (Attachment 4)

CertificationA business must be formally certified by the Department of General Services, Office of Small Business and DVBE Services (OSDS), in order to receive the small/microbusiness preference.

Nonprofit Veteran Service AgencyBidders that qualify as a Nonprofit Veteran Service Agency can be certified as a small business and are entitled to the same benefits as a small business.

Definitions Small business means a business certified by the Office of Small Business Disabled

Veteran Services (OSDS) in which:

(1) It is independently owned and operated; and

(2) The principal office is located in California; and (3) The officers of the business in the case of a corporation; officers and/or managers, or in the absence of officers and/or managers, all members in the case of a limited liability company; or the owner(s) in all other cases, are domiciled in California; and

(4) It is not dominant in its field of operation(s), and

(5) It is either:

(A) A business that, together with all affiliates, has 100 or fewer employees, and annual gross receipts of fourteen million dollars ($14,000,000) or less as averaged for the previous three tax years, as adjusted by the Department pursuant to Government Code § 14837(d)(3); or

(B) A manufacturer as defined herein that, together with all affiliates, has 100 or fewer employees.

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Microbusiness means a small business certified by OSDS, which meets all of the qualifying criteria as a small business, and is:

(1) A business that, together with all affiliates, has annual gross receipts of three million, five hundred thousand dollars ($3,500,000) or less as averaged for the previous three tax years, as adjusted by the Department pursuant to Government Code §14837(d)(3); or

(2) A manufacturer as defined herein that, together with all affiliates, has 25 or fewer employees.

Nonprofit Veteran Service Agency means an entity that:

(1) Is a community-based organization,

(2) Is a nonprofit corporation (under Section 501(c)(3) of the Internal Revenue Code), and

(3) Provides housing, substance abuse, case management, and employment training services (as its principal purpose) for:

o Low-income veterans, o disabled veterans, or o homeless veterans o and their families

Commercially Useful Function A certified small business or microbusiness shall provide goods or services that contribute to the fulfillment of the contract requirements by performing a “commercially useful function” defined as follows:

(1) The Contractor or Subcontractor is responsible for the execution of a distinct element of the work of the contract; carrying out its obligation by actually performing, managing or supervising the work involved; and performing work that is normal for its business services and functions;

(2) The Contractor or Subcontractor is not further subcontracting a greater portion of the work than would be expected by normal industry practices;

(3) The Contractor or Subcontractor is responsible, with respect to materials and supplies provided on the subcontract, for negotiating price, determining quality and quantity, ordering the material, installing (when applicable), and paying for the material itself;

(4) A Contractor or Subcontractor will not be considered as performing a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to achieve the appearance of small business participation.

Late Payment of InvoicesCertified small/microbusinesses are entitled to greater interest penalties paid by the state for late payment of invoices than for non-certified small business/microbusiness.

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Small Business / Microbusiness Law Government Code section 14835 et. seq. California Code of Regulations, Title 2 Section 1896 et. seq.

Non-Small BusinessPreferenceThe preference to a non-small business Bidder that commits to small business or microbusiness Subcontractor participation of twenty-five percent (25%) of its net Bid price will receive five percent (5%) preference points based on the highest responsible bidder's total score, if the highest scored proposal is submitted by a business other than a certified small business. A non-small business that qualifies for this preference may not take an award away from a certified small business.

Required Forms Submit a copy of the Subcontractor’s Small Business Certification Contractor Status Form (Attachment 1) Complete the “Small Business/Non-Small Business Preference Claim” section Bidder Declaration Form GSPD-05-105 (Attachment 4)

CertificationA Subcontractor business must be formally certified by the Department of General Services, Office of Small Business and DVBE Services (OSDS), in order to receive the Non-Small Business Preference.

Non-Small Business Law Government Code section 14838 (b) California Code of Regulations, Title 2 Section 1896 et. seq.

TARGET AREA CONTRACT PREFERENCE ACT

The following preference will be granted for this solicitation. Bidders wishing to take advantage of this preference will need to review the website stated below and submit the appropriate response with their Bid.

The TACPA program was established to stimulate economic growth and employment opportunities in designated Areas throughout the state of California. (GC4530)

The Department of General Services (DGS), Procurement Division (PD), Dispute Resolution Unit (DRU) oversees the TACPA program and evaluates all TACPA applications.

This solicitation contains (TACPA) preference request forms. Please carefully review the forms and requirements. Bidders are not required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of the bid.

The State as part of its evaluation process reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from bidders, Subcontractors and any other sources available at the time of the bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State's request may result in denial of preference requested.

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Contracts awarded with applied preferences will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce preference programs.

Any questions regarding the TACPA preference should be directed to the Department of General Services, Procurement Division at (916) 375-4609.

TACPA Preference Request (STD 830):

STD 830 Document

Bidder’s Summary of Contract Activities and Labor Hours:

Bidder's Summary Document

VI. Administration

RFP DEFINED

The competitive method used for this procurement of services is a Request for Proposal (RFP). A Proposal submitted in response to this RFP will be scored and ranked based on the Evaluation Criteria. Every Proposal must establish in writing the Bidder’s ability to perform the RFP tasks.

COST OF DEVELOPING PROPOSAL

The Bidder is responsible for the cost of developing a proposal, and this cost cannot be charged to the State.

SOFTWARE APPLICATION DEVELOPMENT

If this scope of work includes any software application development, including but not limited to databases, websites, models, or modeling tools, Contractor shall utilize the following standard Application Architecture components in compatible versions:

Microsoft ASP.NET framework (version 3.5 and up) Recommend 4.0 Microsoft Internet Information Services (IIS), (version 6 and up) Recommend 7.5 Visual Studio.NET (version 2008 and up) Recommend 2010 C# Programming Language with Presentation (UI), Business Object and Data

Layers SQL (Structured Query Language) Microsoft SQL Server 2008, Stored Procedures Recommend 2008 R2 Microsoft SQL Reporting Services Recommend 2008 R2 XML (external interfaces)

Any exceptions to the Electronic File Format requirements above must be approved in writing by the CEC Information Technology Services Branch.

PRINTING SERVICES

Per Management Memo 07-06, State Agencies must procure printing services through the Office of State Publishing (OSP). Bidders shall not include printing services in their proposals.

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CONFIDENTIAL INFORMATION

The Commission will not accept or retain any Proposals that have any portion marked confidential.

DARFUR CONTRACTING ACT OF 2008Effective January 1, 2009, all solicitations must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).

Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. (See # 1 on Attachment 2)

A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on Attachment 2)

IRAN CONTRACTING ACT OF 2010Prior 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 section 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; (See Option #1 on Attachment 9)b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d). (See Option #2 on Attachment 9)(The Iran Act above only applies to solicitations for $1 million or more.

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CALIFORNIA CIVIL RIGHTS LAWS

Prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $100,000 or more, a bidder or proposer must certify that it is in 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). Additionally, if a vendor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor must certify 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).

See Attachment 10.

RFP CANCELLATION AND AMENDMENTS

If it is in the State’s best interest, the CEC reserves the right to do any of the following:

Cancel this RFP; Amend this RFP as needed; or Reject any or all Proposals received in response to this RFP

If the RFP is amended, the CEC will send an addendum to all parties who requested the RFP and will also post it on the CEC Web Site (CEC Website ) and Department of General Services’ Web Site (DGS Website ) .

ERRORS

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the Bidder shall immediately notify the CEC of such error in writing and request modification or clarification of the document. Modifications or clarifications will be given by written notice of all parties who requested the RFP, without divulging the source of the request for clarification. The Commission shall not be responsible for failure to correct errors.

MODIFYING OR WITHDRAWAL OF PROPOSAL

A Bidder may, by letter to the Contact Person at the CEC, withdraw or modify a submitted Proposal before the deadline to submit proposals. Proposals cannot be changed after that date and time. A Proposal cannot be “timed” to expire on a specific date. For example, a statement such as the following is non-responsive to the RFP: “This proposal and the cost estimate are valid for 60 days.”

IMMATERIAL DEFECT

The CEC may waive any immaterial defect or deviation contained in a Bidder’s proposal. The CEC’s waiver shall in no way modify the proposal or excuse the successful Bidder from full compliance.

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DISPOSITION OF BIDDER’S DOCUMENTS

On the Notice of Proposed Award posting date all proposals and related material submitted in response to this RFP become a part of the property of the State and public record. Bidders who want any work examples they submitted with their proposals returned to them shall make this request and provide either sufficient postage, or a Courier Charge Code to fund the cost of returning the examples.

BIDDERS’ ADMONISHMENT

This RFP contains the instructions governing the requirements for a firm quotation to be submitted by interested Bidders, the format in which the technical information is to be submitted, the material to be included, the requirements which must be met to be eligible for consideration, and Bidder responsibilities. Bidders must take the responsibility to carefully read the entire RFP, ask appropriate questions in a timely manner, submit all required responses in a complete manner by the required date and time, make sure that all procedures and requirements of the RFP are followed and appropriately addressed, and carefully reread the entire RFP before submitting a proposal.

GROUNDS TO REJECT A PROPOSAL

A Proposal shall be rejected if: It is received after the exact time and date set for receipt of Proposal’s pursuant to

Public Contract Code, Section 10344. It is considered non-responsive to the California Disabled Veteran Business

Enterprise participation requirements. It is lacking a properly executed Certification Clauses. It is lacking a properly executed Darfur Contracting Act Form. It is lacking a properly executed Iran Contracting Act Form. It is lacking a properly executed California Civil Rights Law Certification Form. It contains false or intentionally misleading statements or references which do not

support an attribute or condition contended by the Bidder. The Proposal is intended to erroneously and fallaciously mislead the State in its

evaluation of the Proposal and the attribute, condition, or capability is a requirement of this RFP.

There is a conflict of interest as contained in Public Contract Code Sections 10410-10412 and/or 10365.5.

It contains confidential information, or it contains any portion marked confidential. The Bidder does not agree to the terms and conditions as attached to the

solicitation either by not signing the Contractor Status Form or by stating anywhere in the bid that acceptance is based on modifications to those terms and conditions or separate terms and conditions.

A Proposal may be rejected if: It is not prepared in the mandatory format described. It is unsigned. The firm or individual has submitted multiple proposals for each task. It does not literally comply or contains caveats that conflict with the RFP and the

variation or deviation is not material, or it is otherwise non-responsive.

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The bidder has previously completed a PIER agreement, received the PIER Royalty Review letter, which the Commission annually sends out to remind past recipients of their obligations to pay royalties, and has not responded to the letter or is otherwise not in compliance with repaying royalties.

The budget forms are not filled out completely.

PROTEST PROCEDURES

A Bidder may file a protest against the proposed awarding of a contract. Once a protest has been filed, contracts will not be awarded until either the protest is withdrawn, or the Commission cancels the RFP, or the Department of General Services decides the matter.

Please note the following:

Protests are limited to the grounds contained in the California Public Contract Code Section 10345.

During the five working days that the Notice of Proposed Award (NOPA) is posted, protests must be filed with the DGS Legal Office and the Commission Contracts Office.

Within five calendar days after filing the protest, the protesting Bidder must file with the DGS and the Commission Contracts Office a full and complete written statement specifying the grounds for the protest.

If the protest is not withdrawn or the solicitation is not canceled, DGS will decide the matter. There may be a formal hearing conducted by a DGS hearing officer or there may be briefs prepared by the Bidder and the Commission for the DGS hearing officer consideration.

AGREEMENT REQUIREMENTS

The content of this RFP shall be incorporated by reference into the final contract. See the sample Agreement terms and conditions included in this RFP.

No Contract Until Signed & ApprovedNo agreement between the Commission and the successful Bidder is in effect until the contract is signed by the Contractor, approved at a Commission Business Meeting, and approved by the Department of General Services, if required.

Contract AmendmentThe contract executed as a result of this RFP will be able to be amended by mutual consent of the Commission and the Contractor. The contract may require amendment as a result of project review, changes and additions, changes in project scope, or availability of funding.

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