Notice to Prospective Bidders
Small Business and/or Disabled Veteran Business Enterprise Option
2023-ITO-088379 NetDocuments License Renewal

May 14, 2024 at 2:00 PM PST,

As a State of California certified small business (SB) or disabled veteran business enterprise (DVBE), you are invited to review and respond to this contracting opportunity for NetDocuments License Renewal offered by the Department of Financial Protection and Innovation (DFPI). Government Code Section 14838.5 allows state agencies to contract with California certified SB's or DVBEs for goods, services and information technology for up to $249,999.99 as long as the agency obtains price quotations from two (2) or more certified SB's, including microbusiness(es) (MBs) or DVBEs with the condition that the contract award, if made, is to a California certified SB (MB) or DVBE. Refer to EXHIBIT A: SCOPE OF WORK for all required services. 

Questions regarding this solicitation must be submitted in writing via the online submission portal by May 17th, 2024 at 4:00 PM PST. Verbal information will not be binding on the State unless such information is issued in writing as an addendum. 

Please note: The attached sample contract consists of a sample STD 213 and all Exhibits & Attachments.   Information displayed in orange font on the attached sample contract is for bidding purposes only and will not appear in the final contract.

Please note:  In order to award a contract, the apparent winning Contractor will need to complete the below items as directed and provided by the Contract Analyst. If the Contractor does not provide the required documents, DFPI reserves the right to reject the bid and move to the next lowest bid.

Any agreement entered with the State of California, will have the following included by reference:

General Provisions – Cloud Computing Software-as a Service (SaaS), which can be viewed and downloaded at the following internet site: https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/CloudComputing_SaaSGeneralProvisions062122.pdf

Please be advised of Executive Order N-6-22 Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order (EO) N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid, Bidder represents that it is not a target of Economic Sanctions. Should the State determine Bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Bidder’s bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

At the time bids are reviewed, each bid shall be checked for the presence or absence of required information in conformance with the submission requirements. 

DFPI shall then review bids which meet the submission requirements to determine its responsiveness. If a response is missing information required in either Attachments, it may be deemed not responsive.  Further review is subject to DFPI’s discretion.

Bids will be evaluated based on low cost. The bid with the lowest cost will be awarded.

The Department of Financial Protection and Innovation (DFPI) is seeking to purchase  Software as a Service (SaaS) NetDocuments License renewal.

Any reference to brand names and model numbers in the solicitation is intended to be descriptive, but not restrictive. Unless the bidder specifies otherwise, it is understood that the bidder is offering the specific brand item(s) listed in the solicitation. * 

*Quotes offering equivalent items meeting the standards of quality specified will be considered, providing the quote clearly describes the article offered and how it differs from the referenced brand. The State reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references.

1. This Scope of Work (SOW) reflects the Department of Financial Protection and Innovation (DFPI), hereinafter referred to as the “State,” request for the services described below. 
    
2. Purpose
   1. The purpose of this procurement is to acquire one-year licenses for multiple users to enable access to NetDocuments, a data management system, and support ongoing data management operations within the organization.
         

3. Contractor's rates, specified in SECTION 3. REQUIRED DOCUMENTS shall stay in effect for the entire contract term. 

    

4. Term Dates: June 30, 2023 to June 29,2024

    

5. Deliverables

1. Contractor is responsible for the work described herein.
    
2. All performance under the agreement shall be completed on or before the termination date of  the agreement.
    
3. The Contractor shall not be authorized to deliver or commence performance of services until written approval has been obtained from the Contract Administrator. Any delivery of performance of service commended prior to obtaining all written approvals shall be considered voluntary and will not be compensated.

1. In November of 2020, voters approved Proposition 24, The California Privacy Rights Act
   (CPRA) of 2020.
   
   The CPRA cements California's place as the nation's leader in consumer privacy by amending and extending the California Consumer Privacy Act of 2018 (CCPA), the first comprehensive consumer privacy law in the United States. The law is intended to "protect consumers' rights, including the constitutional right of privacy." To this end, it gives consumers various rights to limit and control businesses' collection and sharing of personal information and imposes on businesses various disclosure, security, and other responsibilities.
   
   To implement the law, the CPRA established the Agency, governed by a five-member board (Board) and overseen by an Executive Director. The Agency is the first agency with administrative power focused on privacy in the United States and has a broad mandates. The CPRA vests the Agency with the "full administrative power, authority, and jurisdiction to implement and enforce" the law.
   
   The Agency's responsibilities include engaging in rulemaking, investigating violations, assessing penalties, cooperating with other jurisdictions, and promoting public awareness including providing guidance to consumers and businesses on complex matters relating to online privacy, cybersecurity, and automated decision making. 

1. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, and made a part of this Agreement, identified in Budget Detail and Payment Provisions, SECTION 4. PAYMENT DETAIL. No travel will be reimbursed. 
    

2. For services procured and paid for with advance payment method the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, and made a part of this Agreement, identified as SECTION 4. PAYMENT DETAIL 

    

3. Invoices shall include the Agreement Number, 2023-ITO-088379, and shall be submitted electronically not more frequently than monthly in arrears to:
   
   Department of Financial Protection and Innovation
   Attn: Accounting Office
   accountingap@DFPI.ca.gov
   
   Invoices shall include the following:

• Agreement Number 2023-ITO-088379

• Deliverable
   

D. If Vendor is a DVBE, the following applies: Aligned with legislative changes of AB 230 (Brough, Chapter 676, Statutes of 2019) amending section 999.5 of the Military and Veterans Codes (MVC) and Sections 14839 and 14841 of the Government Code (GC) and the added Section 10230 to the Public Contract Code (PCC); AB 1365 ( Veterans Affairs Committee, Chapter 689, Statues of 2020) added Section 999.7 to the MVC, it is the awarded contractor’s responsibility to understand and comply with these requirements.
 

1. The awarded Contractor is required to submit a complete and accurate Prime Contractor’s Certification – DVBE Subcontracting Report ( STD 817) Upon contract completion.
2. The STD 817 can be found here: Prime Contractor’s DVBE Subcontracting Report (ca.gov)
3.  DFPI will withhold $10,000, or full payment if less than $10,000, from a prime Contractor’s final payment pending the receipt of a complete and accurate STD 817.
4. DFPI will review the STD 817 and determine if it is complete and accurate. The withhold will only be released once the review and determination has been completed by DFPI.
5. If the STD 817 is late or incomplete, DFPI will send the prime Contractor a cure notice allowing a minimum of 15 days, but no more than 30 days, to meet the certification requirements.
6. If the prime Contractor does not comply by the identified deadline, the withhold is permanently deducted.
7. All records shall be retained for a minimum of six (6) years.

1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect.  In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
    
2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 

In accordance with SECTION 1. INVOICING AND PAYMENT, Item 1.A., DFPI shall pay Contractor the subscription license costs identified on SECTION 3. REQUIRED DOCUMENTS.

Any agreement entered with the State of California, will have the following included by reference:

General Provisions – Cloud Computing Software-as a Service (SaaS), which can be viewed and downloaded at the following internet site: https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/CloudComputing_SaaSGeneralProvisions062122.pdf