STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
FACILITY PLANNING, CONSTRUCTION AND MANAGEMENT DIVISION
PROJECT MANAGEMENT BRANCH
REQUEST FOR STATEMENT OF QUALIFICATIONS FOR
“COMMISSIONING SERVICES”
FOR
IRONWOOD STATE PRISON HEATING, VENTILATION, AND AIR
CONDITIONING SYSTEM
AT
IRONWOOD STATE PRISON
RFQ NO. PMB 201308
I.
INTRODUCTION
The California Department of Corrections and Rehabilitation (CDCR) intends to contract with
a firm for “Commissioning (Cx) Services” for Replacement of heating, ventilation, and air
conditioning systems (HVAC) and construction of new central plant at Ironwood State Prison
(ISP) located in Blythe, California.
This project will install a new energy efficient central chiller plant on the ISP site with thermal energy
storage serving a closed loop heating, ventilation, and air conditioning (HVAC) system. The project
will correct collateral damage caused by the deteriorated evaporative cooling system. The scope of
these corrections includes restoring the corroded and non-functioning fire damper and smoke
evacuation systems to code compliance and replacing the existing roofs on buildings. The scope
includes making repairs to building structural systems, as necessary to repair damage or
accommodate new HVAC equipment. In conjunction with this project, the local utility company will
install a new electrical substation at the ISP site to separate the prison from its current substation at
Chuckawalla Valley State Prison (CVSP).
Construction and commissioning activities require strict adherence to security procedures and
coordination with security and plant operation’s staff to minimize the impact to the daily operations
of the prison. Functional performance testing must take into account the fact that new HVAC work
will be interconnected via control systems with existing equipment that will not be replaced or
repaired within the scope of this project. Work will take place in phases so as to keep the prison
occupied and active during the project. CDCR will be represented by an on-site construction
management firm during construction activities.
A Notice of Award for services is subject to budgetary, legislative and control agency approval and
funding of the proposed projects.
It is anticipated that the services will be required for projects authorized in fiscal years 2013 through
2018. Services may be required for the following phases: design, construction drawings,
bidding/procurement, construction, and post-construction. The anticipated project delivery method is
“design-bid-build (DBB).”
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II.
SCOPE OF CONSULTANT SERVICES
Under the direction/supervision of a CDCR Project Director, Cx services may include but are not
limited to the following:
A. SCOPE
1. The firm will provide Commissioning (Cx) services for the design and construction of the
Ironwood State Prison Heating, Ventilation, and Air Conditioning System under the
jurisdiction of the 2010 California Green Building Code (CGC) and the Governor’s
Executive Order S-20-04. The Proposed Project(s) listed in the introduction consist of
renovation and new construction subject to those provisions and will be constructed to a
minimum Leadership in Energy and Environmental Design (LEED™) CalGreen / (LEED™)
Silver certification.
2. The Commissioning Agent (CxA) must be a California licensed architect, registered engineer,
or licensed general contractor who is also a Certified Commissioning Professional (CCP), by
Building Commissioning Authority (BCA), and/or a certified Commissioning Authority
Professional (CAP) by the University of Wisconsin. All work must be performed under and
approved by the CxA.
3. The project delivery method will be “Design Bid Build (DBB)”.
4. Cx services are required for the following phases; Design, and Construction. A design
accredited professional will also be required for review, evaluation, and documentation
during each phase.
5. The CxA will assist in preparing the Owners Project Requirements (OPR), and coordinating
the OPR with the Basis of Design (BOD), throughout the system design, submittal
documents, installation, start-up, testing, and acceptance phase.
6. The role of the CxA is to act as an independent third party in an oversight capacity during the
Cx process to verify, and document proper design, installation, and operation of major
building systems. The CxA must provide support to CDCR during start-up of the chiller
plant through on-site observation and evaluation of the start-up process. The CxA must
verify that all chiller plant systems, connected building HVAC equipment and all associated
systems monitored by the building automation system are performing per specification
through functional performance testing (FPT) of the plant. The CxA must be on site to
observe the entire FPT of the chiller plant. In addition, the CxA must verify that State
maintenance personnel are trained properly to operate systems and have the correct
documentation.
7. The CxA’s responsibilities during the Design Phase may include, but are not limited to:
a. Provide Cx Plan for the project that is fully coordinated with the Commissioning (Cx)
specifications and the construction contract documents and ensure coordination between
plans and specifications for Cx.
b. Provide the technical Cx specifications and verify the accuracy and coordination with the
project design and work with the designer of record to suggest improvements.
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c. Providing a quality assurance review of construction documents for completeness of, and
errors and/or omissions in, building systems designed as specified for the project.
d. Review of project manuals, LEED™ documentation, and Savings by Design information
for compliance with standards and programs.
e. Assist in the preparation of the BOD and OPR reports, energy efficiency and
conservation calculations, and systems testing documentation.
f.
Review of utility rebate programs to maximize CDCR’s return on available funds.
g. Control systems analysis and evaluation to suggest improvements to the sequence of
operations and systems integration.
h. Value-engineering to maximize the value of systems and energy consumption.
i.
Consultant must attend project meetings as required, and provide other Cx services
required by the scope of the project.
8. The CxA responsibilities during the construction phase may include, but are not limited to:
a. On-site monitoring of construction activities related to Cx.
b. Quality Assurance/Quality Control (QA/QC) review. Review/develop supervisory
control and data acquisition (SCADA) control strategies and provide review of user
interface. Assist CDCR, A/E and Contractor in resolving anomalies found during in-plant
start-up and operations.
c. Update, revise, and produce the final Cx plan during the construction phase.
d. Verify installation and functionality of commissioned systems by installation inspections
or pre-functional inspections (also referred to as start-up and/or check-out).
e. System functional testing: CxA must prepare suitable QA/QC program, Pre-functional
Testing (PFT), and Functional Performance Testing (FPT), prerequisite checklists, and
evaluate testing results when completed. The CxA must be present on site for the FPT of
the chilled water plant, distribution loop, and new HVAC improvements to be tested.
f.
Conduct Cx meetings including a Cx kick-off meeting.
g. Review and report for the following project components related to Cx:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Submittals
Substitution Requests
Requests for Information (RFI)
Change orders (COs)
Schedule analysis
Testing documentation
LEED™ documentation
And any other project components required by the scope of the project.
Participation in Post-Construction phase activities.
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9. The CxA must populate and configure CDCR’s Computerized Maintenance Management
System (CMMS), IBM Tririga, and Facility Center Professional Edition version 7.7., and
must utilize only staff/resources that are trained, and certified, by IBM Tririga to support
CDCR’s specific software version(s) when performing data loads and or interfacing with
CDCR’s CMMS at any time.
10. The CxA will be responsible to collect, organize, configure, and load, all data describing the
fixed building and/or structures specified for this project(s), to enable the Operation and
Maintenance Center (OMC), diligent and efficient execution of all required facility
maintenance functions, which may include, but is not limited to the following:
a. Collect, organize, configure, and load, all data required for catalog specifications in the
CDCR’s CMMS for all maintainable systems, equipment, and components.
b. Inventory all unique occurrences of specified catalog items.
c. Must apply bar code labels to all inventoried maintainable system, equipment, or
component items as specified.
d. Must supply a bar code printer to the CDCR with labels and ink cartridges to generate
new labels for a minimum of 10% of the assets tagged.
e. Must generate at least one image for each labeled system, equipment, or component item,
in its installed location and attach to the item’s associated asset record.
f.
Must populate the system with warranty information, including warranty service provider
contact information, warranty periods, and/or extended warranties.
g. Will attach the individual O&M Manual section(s), to each equipment specification, and
create, and populate, contact records for all manufacturers, vendors, and suppliers.
h. Due to limited application of interface licenses, the CxA will be provided with remote
access to the CDCR’s system for the purpose of bulk data loads into State’s production
CMMS.
i.
The CxA will create a test/development environment using the same software version as
the CDCR’s for initial data loading, testing, and acceptance, prior to loading into the
CDCR’s production CMMS.
j.
Perform all other work necessary to insure a complete and accurate population of the
CDCR’s CMMS with asset, and preventive maintenance data, as required for on-going
OMC functions.
k. The CxA must confirm scheduled acceptance testing dates with the CDCR at least five
working days in advance.
l.
Must complete and deploy all project data in CDCR’s production CMMS no later than
the first day of system pre-functional testing, or similar project milestone prior to
activation and use.
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11. For the project(s) identified, CxA is required to hold a minimum of four (4) formal project
meetings with CDCR personnel on-site during the course of the project as specified in the
project(s) scope of work.
12. Consultant must also verify and document that all systems are complete, and functioning
property.
13. Consultant must construct a project plan and cost loaded schedule for their work upon
issuance of a notice to proceed.
B. GENERAL
1. The Consultant must review the project against the codes and standards cited in the design,
and construction documents, as the governing codes of the project. CDCR will also make
available other criteria and guidelines applicable to this project.
2. The Consultant must follow and implement all standard guidelines and procedures used by
CDCR, such as the Design Criteria Guidelines (DCGs), and Standard Design Document
(SDD), guideline drawings and specifications.
3. The Consultant must perform work in accordance with CDCR’s Standard 213 Agreement for
services with no exceptions. A copy is available for examination upon request.
4. In case of a conflict between Federal and State regulations, Consultant must notify CDCR in
writing and submit a recommendation(s) for consideration.
5. The Consultant must work in cooperation with CDCR, CDCR Design Consultants, CDCR
Program Manager, and other State agencies as required to perform the services specified
herein. If requested by CDCR, Consultant will attend meetings in Sacramento.
6. The Consultant must possess the necessary office equipment and software tools for
communication with other team members. Consultant must participate in Internet-based
meetings and communications.
7. The CxA will prepare, maintain, and update an Cx Issues Log of observed conditions, which
are at variance with the requirements impacting installation, start-up, testing, and approvals of
HVAC, chiller plant and associated control systems, during the project design and
implementation.
8. The State reserves the right to contact any Consultant that has submitted information in
response to an RFQ during the evaluation and selection process to request additional
information in order to clarify their RFQ submittal.
9. Completion of the scope of work set forth in this RFQ within the project(s) scheduled time
frame and the compensation to the Consultant for the scope of services is based upon the
Consultant and CDCR each performing their responsibilities in a timely manner.
C. DESIRED QUALIFICATIONS AND EXPERIENCE
The Cx team should include team members with experience in the design and construction of
correctional facilities. The areas of expertise include knowledge and experience with the
following: site development of existing multi-building sites; infrastructure renovation;
5
replacement and upgrade; multi-building correctional facilities, and corresponding construction
types. Experience should also include correctional planning and design; correctional construction
environments, campus wide central chiller plants, complex building systems, including, security
systems, energy management, telecommunications, fire alarm systems, data distribution, standby
power emergency generator systems, systems and material testing, and commissioning, and
facility activation.
The Cx firm should have experience in the Cx project management of similar facilities and a
demonstrated track record of successful project delivery. In addition, the team should include
individuals with expertise in the analysis of complex project Cx and CMMS services.
Respondents are advised to clearly state in their proposals the specific individuals that will be
available for this project and their individual experience and expertise.
III.
PRE-PROPOSAL CONFERENCE
CDCR’s Project Management Branch will not conduct a Pre-Proposal Conference.
IV.
QUESTIONS AND ADDENDUM
Questions regarding this RFQ must be submitted to http://www.bidsync.com no later than
September 17, 2013 at 3:00 p.m. CDCR will not respond to any questions or inquiries other that
those submitted electronically prior to the deadline. Responses to questions will be distributed by
addendum to all Consultants and/or individuals who have requested an RFQ on
http://www.bidsync.com.
V.
SUBMITTAL REQUIREMENTS
A. FORMAT AND DELIVERY REQUIREMENTS
To be considered for selection for this contract, interested Consultants must submit one (1)
original, four (4) copies, and one (1) PDF file copy (in color on a CD) of the “Statement of
Qualifications” responsive to all criteria.
Statement of Qualifications (SOQ) must be typed and must not exceed 40 pages of written
material including the cover letter.
1. Format Requirements
The 40-page limitation includes any written, photographic and graphic material contained
in the body of the Statement and any appendices; with the exception of the schedule graphic,
all pages, tables, graphs , and other material should not be larger than 8 ½ by 11 inches. The
minimum font size should be 11 pt. unless stated otherwise; each item listed below will not
be included in the 40-page limitation. The SOQ must be organized as follows:
a.
b.
c.
d.
e.
f.
Cover Letter (narratives on inside of cover will be included in 40-page limitation)
Title Page
Table of Contents (Index)
General Information Sheet (Attachment A)
Statement of Compliance (Attachment B)
Listing of Legal Judgments (Attachment C)
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g.
h.
i.
j.
Statement of Qualifications Narrative (Will be counted in the 40-page limitation)
Statement of Qualifications Evaluation Form (Attachment D)
Projects: Current and Past Experience (Attachment E)
Resumes
Blank tab pages may be used as necessary and will not be included in the 40-page limitation
(as long as narrative text is not included on them).
NOTE: SOQ’s failing to comply with the page limitations, dimensions, and submittal
requirements will be considered non-responsive to the submittal requirements, resulting in
disqualification from the selection process, and will not be evaluated.
Complete the General Information Sheet (Attachment A) and place immediately following
the Table of Contents (Index). The Statement of Compliance (Attachment B), then the Listing
of Legal Judgments (Attachment C) will immediately follow.
SOQs must not include proposed fee(s) or compensation amounts. SOQs not complying will
be considered non-responsive with the submittal requirements, resulting in disqualification
from the selection process, and will not be evaluated.
2. Delivery Requirements
All SOQs must be separately packaged in one (1) envelope or other container. The
envelope/container and covers of the SOQs must be clearly marked with the following:
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
FACILITY PLANNING, CONSTRUCTION AND MANAGEMENT DIVISION
PROJECT MANAGEMENT BRANCH
REQUEST FOR STATEMENT OF QUALIFICATIONS
“COMMISSIONING SERVICES”
FOR
Ironwood State Prison HEATING, VENTILATION, AND AIR CONDITIONING
SYSTEM
AT
Ironwood State Prison
RFQ NO. PMB 201308
One (1) original, four (4) copies, and one (1) PDF file copy (in color on a CD) of the
Statement of Qualifications must be received in the Capital Planning and Project Services
Branch by October 1, 2013 at 2:00 p.m. by mail, courier, or hand delivered to:
California Department of Corrections and Rehabilitation
Facility Planning, Construction and Management
Capital Planning and Project Services Branch
Contracts and Procurement Section
9838 Old Placerville Rd., Suite B
7
Sacramento, CA 95827
Attn: Bonnie M. Estes
SOQs received after the stated time will not be considered and will be returned unopened. It
is the responsibility of the respondent to ensure that the response is received at the Project
Management Branch office by the specified deadline. All SOQs will be date and time
stamped upon receipt. CDCR will not be responsible for late or incomplete responses due to
mistakes or delays of the respondent or carrier used by the respondent or weather delays.
E-MAIL DOCUMENTS OR FACSIMILE COPIES ARE NOT ACCEPTABLE.
A POSTMARK IS NOT SUFFICIENT.
B. COSTS AND OWNERSHIP OF SUBMITTAL
SOQs submittal preparation costs and participation in the selection process by interested
Consultants are at no cost or obligation to the State CDCR. Award of these contracts are subject
to budgetary authorization(s). Prior to award of contacts, all submitted SOQs and material will be
designated confidential to the extent permitted by the California Public Records Act. CDCR
reserves the right to, at any time, abandon or terminate efforts to contract for any or all of said
services without obligation to any firm which responds to this announcement. SOQs and other
materials submitted will become property of the CDCR and will not be returned.
C. CONTENT OF STATEMENT OF QUALIFICATIONS NARRATIVE
The Consultant’s submittal narrative must address the areas listed below in the order given. The
responses provided will be the basis for evaluation of your overall approach, internal
management, project organization and personnel experience in similar types and scope of
construction Cx management services; and the ability to integrate Disabled Veteran Business
Enterprise (DVBE) and Small Business Enterprise (SBE) participation into your plan for
accomplishing the services described in this RFQ. Note: This scope of services encourages but
does not require DVBE or SBE participation.
To be successful, Consultants must be able to demonstrate their ability and previous experience in
meeting aggressive schedules, and providing Cx services on project(s) of a similar nature to that
described in this RFQ. Consultants must be prepared for an intensive, highly interactive process,
and must be able to demonstrate that their firm and personnel can support this effort. The
successful firm will also have exhibited a high degree of expertise and experience in the technical
aspects of providing Cx services on projects of this type and size.
The following information shown below must be included within your STATEMENT OF
QUALIFICATIONS NARRATIVE:
Note: Your responses must be placed immediately following the Listing of Legal Judgments
(Attachment C).
Note: Refer to “ATTACHMENT D” STATEMENT OF QUALIFICATIONS EVALUATION
FORM for additional evaluation and scoring information.
8
1. Describe in general the Consultant’s approach for providing Cx services. Specifically
describe your approach for providing Cx services for the proposed project(s) and scope of
services above.
2. Provide a Cx work plan approach that best illustrates your understanding of ASHRAE
Guidelines regarding a QA/QC program and applying Best Commissioning practices to this
project.
3. Describe the internal management systems and methods to be employed by the Consultant in
the performance of each facet of the contract, including the following:
a. QA/QC Program: Describe how QA/QC and peer review coordination will be
performed, monitored, documented, and assured, within your organization where
applicable, between the prime-Consultant, and sub-Consultants, and between the
Consultant, and any other Consultants hired directly by CDCR. Describe your firm’s
processes that will be used to ensure that all services are complete and fully coordinated.
Additionally, provide examples of the following:
1. Describe three projects in the last five years for which you have previously conducted
commissioning that incorporated ASHRAE Guidelines and Commissioning process
tools. Describe your experience with the implementation of Computerized
Maintenance Management System (CMMS), IBM Tririga, and Facility Center
Professional Edition version 7.7.
2. Nature and quality of completed work.
3. Reliability of firm and continuity of proposed firm’s staff, and if applicable, subConsultants.
4. Demonstrated effectiveness of QA/QC program and procedures being utilized by
firm.
5. How will you measure or assess contractors QA/QC program and/or take action to
initiate quality process improvement.
b. Schedule Management System: Describe in detail the management tools and controls
that will be put in place and utilized by the Consultant on a continual basis to ensure that
production and schedule requirements are fulfilled. Include an example of a schedule
from a similar project that you have used to manage your work during the design and
construction in providing Cx services with relation to:
1. Firm’s workload and demonstrated ability to meet schedules.
2. Demonstrated experience and expertise in DBB Phased project scheduling.
c. Design and construction support management (as outlined in the scope of services of this
RFQ): Describe your team’s process for providing the following:
1. On-site monitoring of construction related to Cx.
9
2. Reviewing the Operation and Maintenance (O&M) data of equipment installed for
the facility’s CMMS.
3. Collecting, organizing, configuring, and loading data required for catalog
specifications, warranties, images, O&M manuals, contact information, asset and
preventive maintenance data etc., into the CDCR CMMS.
4. The management of bar code labeling of all inventoried maintainable systems,
equipment and components.
5. QA/QC review and reporting for the following project components related to Cx.
List examples of key Cx quality characteristics to look for during review of
contractors submittal documents, including but not limited to:
i. Submittals, RFIs, substitution requests, COs, construction activities, schedule
analysis, testing documentation, and LEED™ documentation.
d. Additionally, provide the following:
1. Indicate who will be responsible for conducting and managing this phase and how it
will be staffed.
2. Location of applicable office(s) for project coordination and services.
3. Demonstrated experience and expertise in providing Cx services for DBB phased
projects, including construction review, evaluation, and verification. Provide
examples of how to recognize when contractors QA/QC program is “off track” and
effective measures to take to remedy the contractors’ situation.
4. Description of verification and documentation process for ensuring that all systems
are complete and functioning properly.
e. LEED™: Demonstrate knowledge of the program elements defined in the LEED™
accreditation program related to Cx.
4. Describe the organization, resources, roles, and responsibilities of your proposed team as it
applies to providing Cx services for the project(s) described in this RFQ, including all of the
following:
a. Provide a chart(s) that outlines the organizational approach and identify key personnel
and their roles.
b. Identify whether a single firm, joint venture, association, or partnership, and explain what
work will be done by each member of the firm, and at what locations.
c. Identify prime-Consultant (your firm), and all sub-Consultants (if any), to be used in the
performance of the contract. Specify the service and percentage of the total project
service to be performed by the prime-Consultant and each sub-Consultant.
d. Identify any DVBE and SBE Consultants if contracted and list the expected percentage of
the total contract service they will perform.
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e. Resumes – Personnel Qualifications:
The firm must submit detailed resumes for each staff member proposed to provide Cx
services and identify their position, duties, experience and qualifications of the CxA,
name of the firm, specific responsibilities, and years with the firm. Where subConsultants are identified as part of the proposed staff, provide same.
Key personnel assigned to this contract must include a Certified Commissioning Agent
with authority to commit the resources of the firm(s). California certified, registered, or
licensed personnel must be responsible for and in control of the firm(s) performance of
any contract. Also provide the following information:
1. Projects of similar nature performed, positions held, and responsibilities on work of
similar nature; indicate if work was performed while with a different firm.
2. Education, Registrations/licenses, Certification(s).
3. Provide information to show that your proposed team has suitable resources available
to ensure satisfactory completion of the work.
4. Provide references of financial capability/stability.
Note: The Principal of the firm must verify and certify the resumes including the
academic record, experience, professional licenses, and experience of professional
personnel identified above.
D. PROJECTS: CURRENT AND PAST EXPERINCE (ATTACHMENT E)
Provide a list of projects, similar in size, scope, budget, and complexity to the projects being
considered for CxA assignments, completed within the last five (5) years, on which the Cx
Consultants’ proposed staff have provided services. Footnote their role and responsibilities on
each project. Provide the following information regarding your firm’s current and past project
experience conducting Cx services on new and renovation of correctional facility projects.
Correctional experience related but not limited to: correctional housing, medical clinics, kitchen
and dining, laundry and maintenance facilities. Building systems related but not limited to:
central plant equipment and infrastructure, air handler, package unit and heat pump replacement,
building automation and control systems, detention systems and components, touch screens, and
programmable logic controllers. Attachment E will not be counted in the 40-page limit.
Projects that demonstrate familiarity with California conditions, practices and legal requirements
applicable to competitively bid public contracts are preferable. Place a “C” next to the names of
projects listed on Attachment E to indicate California projects.
Provide the following information for projects with construction costs between $75 million and
$200 million or greater completed within the last five years:
1. Project name.
2. Construction budget.
3. Design start and completion date.
4. Construction completion date.
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5. Firm’s role on project. Indicate whether your firm was the prime-Consultant or a subConsultant on the project.
6. Consultants responsibility on project. Indicate which phase of work the firm performed (i.e.,
RFP, DBB Design, and DBB Construction).
7. Owner and contact person for project and current telephone number.
8. Additional narrative describing projects involving correctional construction experience and
experience in phased construction may be provided following the Attachment E table.
Narrative must be submitted in the Attachment E section and will be counted in the 40-page
limit.
VI.
SELECTION
A. CONSULTANT SELECTION PROCESS
1. All SOQs meeting the submittal requirements will be evaluated by a review committee and
scored using the SOQ Evaluation Form, (Attachment D).
2. Members of the review committee will review the SOQs to determine which Consultants to
invite to qualifying interviews.
3. The review committee will develop a list of finalists. The finalists will be notified by
telephone and by letter about the interview date.
4. The names of the review committee members will not be revealed prior to the interviews.
Individual or composite ratings by the review committee members will not be revealed.
5. A minimum of three (3) firms will be interviewed by a selection panel. The selection panel
interview will consist of a 25 minute base oral presentation. This time will be followed by 20
minutes for questions by the selection panel. Key personnel must participate in the interview.
The proposed CxA must lead the presentation. The oral presentation must address:
a. Project approach and knowledge of applicable LEED requirements, the 2013 California
Green Building Code (CGC) and the Governor’s Executive Order S-20-04 regulations
and the Computerized Maintenance Management System (CMMS), IBM Tririga, and
Facility Center Professional Edition version 7.7.
b. Internal management systems and project controls (ability to meet the projects scheduled
goals) and the expertise of proposed staff or sub-Consultant(s).
c. Description of organization, resources, roles and responsibilities of your firm.
d. Current and past project experience involving new and existing correctional facilities as
outlined in the RFQs scope of services.
e. Panel questions.
After the interviews, using the Interview Evaluation Criteria for (Attachment F) the
selection panel will score the Consultants firm(s). The first ranked firm will be the firm
the selection panel scored as the best meeting CDCRs requirements for the project(s).
12
6. The interview is the method used to select the Cx services Consultant(s). CDCR may choose
to hold two qualifying interviews prior to final rankings.
7. The selection panel will select and rank up to three (3) Consultants for the project that best
meet CDCR’s requirements. The State reserves the right to select one (1) Consultant to
provide services for one or more project(s).
8. Fee negotiations will commence with the top ranked Consultant. If a fee cannot be agreed
upon, negotiations will cease with that Consultant and will commence with the second ranked
Consultant and so on.
9. If the original proposed personnel are not available at the time of project commencement;
Consultants must provide equally qualified personnel for approval by CDCR. If substitute
personnel cannot be agreed upon; negotiations will cease and commence with another
Consultant.
VII.
GENERAL GUIDELINES AND RESTRICTIONS
A. QUALIFICATION OF CONSULTANT FIRMS
California Government Code Section 4245, et seq., requires that the selection of the firm(s) to
provide the required services be on the basis of demonstrated competence and the professional
qualifications necessary for the satisfactory performance of the services.
B. DISABLED VETERAN
REQUIREMENT
BUSINESS
ENTERPRISE
(DVBE)
PARTICIPATION
The State is committed to achieving legislatively established goals for the participation of DVBEs
in all State contracting and seeks to use certified DVBE businesses whenever possible.
Therefore, the State requests your voluntary participation in utilizing and reporting any certified
DVBEs, including yourself, that will be used in the performance of the resulting Agreement.
For listing of firms that have been certified as DVBE, contact the Department of General
services, Office of Small Business Certification, (916) 375-4940 or visit their website at
http://www.osds.dgs.ca.gov.
For further information and assistance regarding the DVBE program, you may contact the CDCR,
Office of Business Services - Nina Martinez at (916) 255-6134.
C. SMALL BUSINESS ENTERPRISE PARTICIPATION REQUIREMENT
The State is also committed to supporting Small Business Enterprise (SBE) participation in all
State contracting and seeks to use certified SBEs whenever possible. Therefore, the State requests
your voluntary participation in utilizing and reporting the use of SBEs that will be performing
services as part of your team. The successful Consultant will be asked to list any sub-Consultants
that are California certified SBEs. The Office of Small Business Certification Resources
(OSBCR) at the Department of General Services (DGS) can assist in identifying certified SBE
firms for solicitation purposes, they can be contacted at (916) 375-4940 or visit their website at
http://www.osds.dgs.ca.gov.
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D. EQUAL EMPLOYMENT OPPORTUNITY
CDCR is committed to equal employment opportunity principles and demands such commitment
from its Consultants. Consultants are expected to emphasize nondiscriminatory personnel
practices with respect to race, color, ancestry/ethnicity, creed, religion, age, sex, national origin,
sexual orientation, physical or mental disability, or political affiliation. All prospective
Consultants, prime and sub-Consultants, must agree to and sign the Statement of Compliance,
which has been attached to the package as Attachment B.
E.
DRUG-FREE WORKPLACE
The Consultant will, by signing any future contract agreement, swear under penalty of perjury
under the laws of the State of California that Consultant is in compliance with Government Code
Section 8355 in matters relating to providing a drug-free workplace. Consultant will:
1. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and specifying actions
to be taken against employees for violations, as required by Government Code Section
8355(1).
2. Establish a Drug-Free Awareness Program, as required by Government Code Section
8355(2), to inform employees about all of the following:
a. The dangers of drug abuse in the workplace.
b. The person’s or organization’s policy of maintaining a drug-free workplace.
c. Any available counseling, rehabilitation and employee assistance programs; and penalties
that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(3) that every employee who works on
the proposed agreement:
a. Will receive a copy of the company’s drug-free policy statement; and
b. Will agree to abide by the terms of the company’s statement as a condition of
employment on the agreement.
F. CONFLICT OF INTEREST
Consultant and their employees must abide by the provisions of Government Code (GC) Sections
1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC)
Sections 10335 et seq., and 10410 et seq., California Code of Regulations (CCR), Title 2, Section
18700 et seq., and Title 15, Section 3409, and the Department Operations Manual (DOM) Section
31000 et seq., regarding conflict of interest.
1. Consultants and Their Employees:
Consultant must file a Statement of Economic Interests, (FPPC Form 700) prior to
commencing services under the contract, annually during the life of the contract, and within
30 days after the expiration of the contract. Other service contractors and/or certain of their
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employees may be required to file a Form 700, if so requested, by the CDCR, or whenever it
appears that a conflict of interest may be at issue. Generally, service contractors (other than
Consultant required to file as above) and their employees will be required to file a Form 700
if one of the following exists:
a. The contract service has been identified by the CDCR as one where there is a greater
likelihood that a conflict of interest may occur;
b. The Consultant and/or Consultant’s employee(s), pursuant to the contract, makes or
influences a governmental decision; or
c. The Consultant and/or Consultant’s employee(s) serves in a staff capacity with the CDCR
and in that capacity participates in making a governmental decision or performs the same
or substantially all the same duties for the CDCR that would otherwise be performed by
an individual holding a position specified in the CDCR’s Conflict of Interest Code.
2. Current State Employees:
a. No officer or employee will engage in any employment, activity or enterprise from which
the officer or employee receives compensation or has a financial interest and which is
sponsored or funded by any State agency, unless the employment, activity or enterprise is
required as a condition of regular State employment.
b. No officer or employee will contract on his or her own behalf as an independent
contractor with any State agency to provide goods or services.
c. In addition to the above, CDCR officials and employees must also avoid actions resulting
in and/or creating an appearance of:
1. Using an official position for private gain.
2. Giving preferential treatment to any particular person.
3. Losing independence or impartiality.
4. Making decision outside of official channels.
5. Affecting adversely the confidence of the public or local officials in the integrity of
the program.
d. Officers and employees of the Department must not solicit, accept or receive directly or
indirectly, any fee, commission, gratuity or gift from any person or business organization
doing or seeking to do business with the State.
3. Former State Employees:
a. For the two-year period from the date he or she left State employment, no former State
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any State agency.
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b. For the 12-month period from the date he or she left State employment, no former State
officer or employee may enter into a contract with any State agency if he or she was
employed by that State agency in a policy-making position in the same general subject
area as the proposed contract with the 12-month period prior to his or her leaving State
service.
c. The Consultant will have a continuing duty to disclose to the State in writing all interests
and activities that create an actual or potential conflict of interest in performance of the
contract.
d. The Consultant will have a continuing duty to keep the State timely and fully apprised in
writing, of any material changes in the Consultant’s business structure and/or status. This
includes any changes in business form, such as a change from sole proprietorship or
partnership into a corporation or vice-versa; any changes in company ownership; any
dissolution of the business; any change of the name of the business; any filing in
bankruptcy; any revocation of corporate status by the Secretary of State; and any other
material changes in the Consultant’s business status or structure that could affect the
performance of the Consultant’s duties under the contract.
e. If the Consultant violates any provision of the above paragraphs, such action by the
Consultant will render this agreement void.
f.
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem.
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