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JOHN CHIANG California State Controller December 4, 2014 INVITATION FOR BID 72091104 Media Monitoring Services

You are invited to review and respond to this Invitation for Bid (IFB) 72091104, Media Monitoring Services. In submitting your bid, you must comply with the instructions found herein. Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site http://www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx. If you do not have Internet access, a hard copy can be provided by contacting the person listed below. In the opinion of the State Controller's Office (SCO), this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is: Emily Poffenberger State Controller's Office (916) 322-3011 [email protected] Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Emily Poffenberger Contract Analyst

State Controller’s Office IFB 72091104 Table of Contents Section

Page

A) Purpose and Description of Services ............................................................................... 3 B) Bidder Minimum Qualifications ........................................................................................ 3 C) Bid Requirements and Information .................................................................................. 4 1) Key Action Dates ……………………………………………………………….. ............... 4 2) Written Questions/Answers………………………………………………………………. . 4 3) Submission of Bid………………………………………………………………. ................ 4 4) Evaluation and Selection………………………………………………………. ................ 6 5) Award and Protest………………………………………………………………. ............... 7 6) Disposition of Bids……………………………………………………………….. .............. 7 7) Agreement Execution and Performance …………………………………….................. 8 D) Preference Programs....................................................................................................... 8 1) Small Business and/or Micro Business…..……………………………………………. .. .8 2) Non-Small Business…..………………………………………………. ........................... .8 E) Disabled Veteran Business Enterprise (DVBE) Program Requirement ........................... 8 F) Required Attachments ..................................................................................................... 9 1) Required Attachment Checklist ............................................................................ 10 2) Bid/Bidder Certification Sheet .............................................................................. 11 3) Cost Worksheet .................................................................................................... 13 4) Bidder References ............................................................................................... 14 5) Darfur Contracting Act Certification ...................................................................... 15 6) Payee Data Record (STD 204) ............................................................................ 16 7) Contractor’s Certification Clauses (CCC 307) ...................................................... 16 8) Bidder Declaration (GSPD-05-105) ...................................................................... 16 9) CA DVBE Bid Incentive Instructions..................................................................... 17 10) DVBE Declarations (STD 843) ............................................................................ 21 Sample Standard Agreement (STD 213) 1) Exhibit A - Scope of Work 2) Exhibit B - Budget Detail and Payment Provisions 3) Exhibit B - Attachment 1, Cost Worksheet 4) Exhibit C - General Terms and Conditions 5) Exhibit D - Special Terms and Conditions

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State Controller’s Office IFB 72091104 A) Purpose and Description of Services The SCO is seeking a contractor to provide Media Monitoring Services which will include conducting a comprehensive daily search, relating to the key words provided by the SCO, for appropriate media content, which the Contractor will compile and format. The Contractor must gather news from broadcasts and radio. The Contractor will provide a daily report of clips found. The report shall include a summary of the clips as well as a link to the entire clip. See Sample Standard Agreement, Exhibit A, Scope of Work, for a complete description of services. The term of this contract will be for two years. The estimated start date of this contract is January 15, 2015, or upon contract execution. Contractors are cautioned that no work will begin until the Contract has been fully executed. If work is performed prior to Contract approval, and the Contract for any reason is not approved, all previous work performed by the Contractor is considered donated to the State and no payment shall be made for that work. Contract Amendment: The SCO reserves the right to amend this contract to add/remove/update key terms, adjust estimated volumes, or augment funds. Rates quoted in the bid will not change as a result of any amendment to this contract. This contract may be terminated by the SCO upon 30 days’ written notice to the Contractor. Note: All times listed in this IFB are Pacific Standard Time (PST) B) Bidder Minimum Qualifications In order to be responsive to this IFB, the following bidding requirements must be met. Bidders who do not meet all of these qualifications will be eliminated from the competition. Mandatory Pass/Fail The bidder must submit documentation in narrative form describing, in detail, how the bidder meets each of the identified requirements/qualifications listed below. The bidder will include any necessary supporting documentation (references, certifications, etc.) necessary to validate the bidder’s qualifications. 1) Bidder must have at least three years of experience, within the past five years, providing media monitoring services 2) Bidder must be able to provide news monitoring and deliver news clips on a daily basis 3) Bidder must monitor television and radio broadcasts 4) Bidder must monitor all 210 US designated market areas Page 3 of 21

State Controller’s Office IFB 72091104 5) Bidder must have the ability to monitor Spanish and Asian stations 6) Bidder must provide monitoring services in real time 7) References: Bidder must provide three references, which can attest to the bidder’s experience providing services similar to those identified in this IFB. References must: a) Be provided on Attachment 4, Bidder References b) Have contracted with the bidder for a minimum of one year, within the past five years c) Include at least one large corporation or a state agency other than the SCO 8) Licenses, Permits, and Insurance Requirements: Bidder shall provide written documentation that they meet all licensing, permits, and insurance requirements identified in Exhibit D, Special Terms and Conditions. C) Bid Requirements and Information 1) Key Action Dates Event IFB available to Prospective Bidders Final Date for Bid Submission Cost Opening Notice of Intent to Award Proposed Award Date Estimated Contract Start Date

Date December 4, 2014 December 18, 2014; 2:00 pm December 19, 2014; 10:00 am December 19, 2014 December 29, 2014 January 16, 2015, or upon contract execution

Dates after Bid Submission are estimates only and may be subject to change. The SCO will adhere to the listed dates as strictly as possible, but will not be held accountable for changes due to unforeseen circumstances. 2) Written Questions/Answers a) Bidders may submit questions for clarification of the content of this IFB through BidSync (eProcurement) by clicking the “View Questions & Answers” tab, and then “Create New Question” tab. Questions must be submitted on or before the date stated in Section C) Bid Requirements and Information, 1) Key Action Dates. b) Questions and Answers will be provided without identifying the submitter. At the sole discretion of the SCO, questions may be paraphrased by the SCO for clarity. c) Questions and Answers will be available through BidSync under Bid tab “View Questions & Answers” in accordance with the dates specified above. 3) Submission of Bid a) All bids must be submitted under sealed cover and sent to the SCO by dates and times shown in Section C) Bid Requirements and Information, 1) Key Action Dates. The sealed Page 4 of 21

State Controller’s Office IFB 72091104 cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example: (Bidder Name) IFB #72091104 Media Monitoring Services DO NOT OPEN If the bid is made under a fictitious name or business title, the actual legal name of the bidder must be provided. The bid price (Attachment 3, Cost Worksheet) and all cost information must be submitted in a separate sealed envelope. The envelope should be affixed to the outside of the bid package and marked “Sealed Cost Bid – DO NOT OPEN”. Bids not submitted under sealed cover and marked as indicated may be rejected. A minimum of one printed original, one printed copy, and one electronic PDF version on CD/DVD of the bid must be submitted. b) All bids shall include the documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper “required attachments" shall be deemed nonresponsive. A non-responsive bid is one that does not meet the basic bid requirements. c) All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. d) Mail or deliver bids to the following address by Final Date for Bid Submission identified in Section C) Bid Requirements and Information, 1) Key Action Dates. State Controller's Office Contracts Unit, Emily Poffenberger 300 Capitol Mall, Suite 1525 Sacramento, CA 95814 Bids received after the deadline will be rejected. Postmarks will not be accepted as meeting this requirement. The bidder accepts sole responsibility for the timely arrival of the bid. If mailing your bid, please allow sufficient time for internal SCO routing, in addition to United States Postal Service time. THERE ARE NO EXCEPTIONS FOR ACCEPTANCE OF A LATE BID. e) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected. f) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The SCO may reject any or all bids and may waive Page 5 of 21

State Controller’s Office IFB 72091104 an immaterial deviation in a bid. The SCO’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement. g) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California. h) An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification Sheet, Attachment 2. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. i)

A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

j)

A bidder may withdraw its bid by submitting a written withdrawal request to the SCO, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

k)

The SCO may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

l)

The SCO reserves the right to reject all bids. The agency is not required to award an agreement.

m) Before submitting a response to this solicitation, bidders should carefully review, correct all errors and confirm compliance with the IFB requirements. n) Where applicable, bidders should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications. o) The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State's General Terms and Conditions (GTC) are not negotiable. p) No oral understanding or agreement shall be binding on either party. 4) Evaluation and Selection a) At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. b) The SCO will evaluate each bid to determine its responsiveness to the published requirements. Page 6 of 21

State Controller’s Office IFB 72091104

c) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected. d) Award if made, will be to the lowest responsive responsible bid. 5) Award and Protest a) Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by email, overnight courier, or personal delivery five working days prior to the award of the agreement. b) Notice of the proposed award shall be posted in a public place in the SCO, 300 Capitol Mall, 15th Floor lobby, Sacramento, CA 95814, for five working days prior to awarding the agreement. c) If any bidder, prior to the award of agreement, files a protest with the Department of General Services (DGS), Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the SCO on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. d) Within five days after filing the initial protest, the protesting bidder shall file with the DGS and the SCO a detailed written statement specifying the grounds for the protest. The written protest must be sent to the DGS, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605. A copy of the detailed written statement should be mailed to the SCO, 300 Capitol Mall, Suite 1525, Sacramento, CA 95814. It is suggested that protests are submitted by certified or registered mail. e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the SCO the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662. This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf No payment shall be made unless a completed STD 204 has been returned to the SCO. f) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one of the Contractor Certification Clauses (CCC 307). 6) Disposition of Bids a) Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. Page 7 of 21

State Controller’s Office IFB 72091104 b) Bid packages may be returned only at the bidder's expense, unless such expense is waived by the SCO. 7) Agreement Execution and Performance a) Service shall start on the express date set by the SCO and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the SCO, upon five days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the SCO for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bid or another contractor. b) All performance under the agreement shall be completed on or before the termination date of the agreement. D) Preference Programs 1) Small Business and/or Microbusiness: http://www.dgs.ca.gov/pd/Programs/OSDS/SBEligibilityBenefits.aspx A 5% preference will be applied to certified small business firms submitting bids. To obtain the preference, firms must be certified as a small business at the time the bid is submitted. The firm MUST include an updated copy of their Small Business Certificate to obtain the preference. The 5% preference is issued for computation purposes only and does not alter the amounts of the actual bids. 2) Non-Small Business: A non-small business, may receive a preference of 5% if the business commits to subcontract at least 25% of its net bid price with one or more small businesses or microbusinesses. The 5% preference is used only for computation purposes, to determine the winning bidder and does not alter the amounts of the resulting contract. A non-small business, which qualifies for this preference, may not take an award away from a certified small business. E) Disabled Veteran Business Enterprise (DVBE) Program Requirement: The DVBE Participation Program requirements for this solicitation have been waived. Firms responding to this solicitation are not required to comply with DVBE program requirements. However, for those firms voluntarily utilizing DVBE subcontractors, there will be an incentive applied to the level of DVBE participation identified in the bid response not to exceed 5%. Application of the incentive may place the bidder in line for bid award. Application of the incentive will not displace a certified small business with that of a non-small business. DVBE Incentive information and forms are found within the solicitation as CA DVBE Bid Incentive Instructions, Attachment 8.

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State Controller’s Office IFB 72091104 F) Required Attachments This bid package requires completion of all Attachments referenced on the required Attachment Checklist, Attachment 1 (see page 10) of this document.

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State Controller’s Office IFB 72091104 ATTACHMENT 1 REQUIRED ATTACHMENT CHECKLIST A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the SCO. For your bid to be responsive, all required attachments must be returned. This checklist should also be returned with your bid package. Attachment

Name/Description

_____

Attachment 1

Required Attachment Checklist

_____

Attachment 2

Bid/Bidder Certification Sheet

_____

Attachment 3

Cost Worksheet (Submit in a separate sealed envelope)

_____

Attachment 4

Bidder References

_____

Attachment 5

Darfur Contracting Act Check here if you are not required to complete the above attachment.

_____

Attachment 6

Payee Data Record (STD 204)

_____

Attachment 7

Contractor Certification Clauses (CCC-307)

_____

Attachment 8

Bidder Declaration (GSPD-05-105)

Attachment 9

CA DVBE Bid Incentive Instructions (Does not need to be returned)

_____

Attachment 10

DVBE Declarations (STD 843)*

_____

Bidder Minimum Qualifications Documentation (Narrative & backup) See Section B) Bidder Minimum Qualifications of this IFB

_____

Business License (See Exhibit D, Special Terms and Conditions)

_____

Insurance Coverage (See Exhibit D, Special Terms and Conditions) Acknowledgement of ability to meet insurance requirements required with bid response; certificates of coverage must be provided upon notice of contract award.

* Only submit if applicable.

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State Controller’s Office IFB 72091104 ATTACHMENT 2 BID/BIDDER CERTIFICATION SHEET This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions. A. B. C.

Our all-inclusive bid is submitted as detailed in Attachment 3, Cost WorkSheet. All required attachments are included with this certification sheet. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. An unsigned Bid/Bidder Certification Sheet may be Cause for rejection. 1. Company Name

2. Telephone Number ( )

2a. Fax Number ( )

3. Address Indicate your organization type: 4. Sole Proprietorship

5.

Partnership

6.

Corporation

Indicate the applicable employee and/or corporation number: 7. Federal Employee ID No. (FEIN) 8. California Corporation No. Indicate applicable license and/or certification information: 9.

10. Bidder’s Name (Print)

11. Title

12. Signature

13. Date

14. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as: a. California Small Business b. Disabled Veteran Business Enterprise Yes No Yes No If yes, enter your service code below: If yes, enter certification number: NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”. Date application was submitted to OSDS, if an application is pending:

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State Controller’s Office IFB 72091104 Completion Instructions for Bid/Bidder Certification Sheet Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below. Item Numbers 1, 2, 2a, 3

Instructions Must be completed. These items are self-explanatory.

4

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

5

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

6

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

7

Enter your federal employee tax identification number.

8

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

9

10, 11, 12, 13

14

Complete if your firm holds a California Contractor’s license. This information will be used to verify possession of a Contractor’s license for public works agreements. Must be completed. These items are self-explanatory.

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

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State Controller’s Office IFB 72091104 ATTACHMENT 3 COST WORKSHEET Bidder Name: _______________________________________________ Service Description Media Monitoring Services, all-inclusive flat rate. See Exhibit A for a complete description of services to be provided Incidental one-time requests Additional keyword

Rate Per Month $ Per Item $ Per Item $

Estimated Volume of Service

Total

24

$

10

$

10

$

Contract Total $ NOTE: The amounts of services listed above are only estimates. The SCO does not expressly or by implication agree that the actual amount of work will be guaranteed and reserves the right to omit portions of the work as may be deemed necessary or advisable by the SCO. However, the actual rates quoted above by the Contractor shall be binding by the Contractor for the term of the Agreement. Any amendments to this contract will adhere to rates quoted on the Cost Worksheet.

THIS ATTACHMENT MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE AS DESCRIBED IN IFB SECTION C.3.

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State Controller’s Office IFB 72091104 ATTACHMENT 4 BIDDER REFERENCES Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive. Bidder must provide references from business engagements other than the SCO for this bid process. See Section B) Bidder Minimum Qualifications for reference requirements. List below three references of similar types of services performed within the last five years. REFERENCE 1 Name of Firm Street Address City Contact Person Dates of Service Brief Description of Service Provided

State Zip Code Telephone Number Value or Cost of Service

REFERENCE 2 Name of Firm Street Address City Contact Person Dates of Service Brief Description of Service Provided

State Zip Code Telephone Number Value or Cost of Service

REFERENCE 3 Name of Firm Street Address Contact Person Dates of Service Brief Description of Service Provided

City

State Zip Code Telephone Number Value or Cost of Service

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State Controller’s Office IFB 72091104 ATTACHMENT 5 DARFUR CONTRACTING ACT CERTIFICATION Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal. If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form. OPTION #1 - CERTIFICATION If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California. Company/Vendor Name (Printed)

Federal ID Number

By (Authorized Signature) Printed Name and Title of Person Signing Date Executed

Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below. We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. Company/Vendor Name (Printed)

Federal ID Number

Initials of Submitter Printed Name and Title of Person Initialing

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State Controller’s Office IFB 72091104 ATTACHMENT 6 PAYEE DATA RECORD Fill and print form available at the link provided below: http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

ATTACHMENT 7 CONTRACTOR CERTIFICATION CLAUSES Form is available at the link provided below: http://www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx Contractor Certification Clauses (CCC – 307) is located under “Standard Contract Language”. Print, sign and submit “Page 1”.

ATTACHMENT 8 BIDDER DECLARATION (GSPD-05-105) Fill and print form available at the link provided below: http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf This form must be completed by all bidders. Please contact the Contract Analyst listed on the first page of this IFB if you are unable to access any of the provided links, have any questions regarding the completion of this form, or the DVBE program.

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State Controller’s Office IFB 72091104 ATTACHMENT 9 CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) BID INCENTIVE INSTRUCTIONS (09/03/09) Please read the instructions carefully before you begin. AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq. Recent legislation has modified the program significantly in that a bidder may no longer demonstrate compliance with program requirements by performing a “good faith effort” (GFE). This solicitation does not include a minimum DVBE participation percentage or goal. DVBE BID INCENTIVE. A DVBE incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the SCO shall apply a DVBE Bid incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation document) and confirmed by the SCO. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. Unless a table that replaces the one below has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price. Confirmed DVBE Participation of: 5% or over 4% to 4.99% inclusive 3% to 3.99% inclusive 2% to 2.99% inclusive 1% to 1.99% inclusive

DVBE Incentive: 5% 4% 3% 2% 1%

As applicable: (1) Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000. (2) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation. INTRODUCTION. Bidders must document DVBE participation commitment by completing and submitting a Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation document). Bids or proposals (hereafter called “bids”) that fail to submit the required form to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive. Page 17 of 21

State Controller’s Office IFB 72091104 Information submitted by the intended awardee to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination. Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to qualify for a DVBE incentive(s). The criteria and definition for performing a commercially useful function are contained herein on the section entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility. At the SCO’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements. THE DVBE BUSINESS UTILIZATION PLAN (BUP): DVBE BUPs are a company’s commitment to expend a minimum of 3% of its total statewide contract dollars with DVBEs -- this percentage is based on all of its contracts held in California, not just those with the State. A DVBE BUP does not qualify a firm for a DVBE incentive. Bidders with a BUP, must submit a Bidders Declaration (GSPD05-105) to confirm the DVBE participation for an element of work on this solicitation in order to claim a DVBE incentive(s). THE FOLLOWING MAY BE USED TO LOCATE DVBE SUPPLIERS: Awarding Department: Contact the SCO’s contracting official named in this solicitation for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation. You may also contact the SCO’s SB/DVBE Advocate for assistance. Email: [email protected] Other State and Federal Agencies, and Local Organizations: STATE: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at www.eprocure.dgs.ca.gov To begin your search, click on “SB/DVBE Search.” 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: www.eprocure.dgs.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: [email protected] FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at http://www.sba.gov/content/federal-contractingresources-small-businesses to identify potential DVBEs and click on the "Dynamic Small Page 18 of 21

State Controller’s Office IFB 72091104 Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions. Remember to verify each firm’s status as a California certified DVBE. LOCAL: Contact local DVBE organization to identify DVBEs. For a list of local organizations, go to http://www.documents.dgs.ca.gov/pd/smallbus/RefOrg.pdf (new 03/11) (pdf). RESOURCES AND INFORMATION For questions regarding bid documentation requirements, contact the contracting official identified in this solicitation. For a directory of SB/DVBE Advocates for each department go to: http://www.dgs.ca.gov/pd/Programs/OSDS/advocate.aspx. The Department of General Services, Procurement Division (DGS-PD) publishes a list of trade and focus publications to assist bidders in locating DVBEs for a fee. To obtain this list, please go • •

http://www.documents.dgs.ca.gov/pd/smallbus/TradePaper.pdf http://www.documents.dgs.ca.gov/pd/smallbus/FocusPaper.pdf

U.S. Small Business Administration (SBA): Use the Central Contractor Registration (CCR) on-line database. Internet contact only – Database: www.ccr.gov/.

FOR: Service-Disabled Veteran-owned businesses in California (Remember to verify each DVBE’s California certification.)

Local Organizations: Go to: FOR: http://www.documents.dgs.ca.gov/pd/smallbus/RefOrg.pdf List of potential DVBE subcontractors FOR: DGS-PD EProcurement • SB/DVBE Search Website: www.eprocure.dgs.ca.gov • CSCR Ads Phone: (916) 375-2000 Email: [email protected] • Click on Training tab to Access eProcurement Training Modules including: Small Business (SB)/DVBE Search DGS-PD Office of Small Business and DVBE Services (OSDS) 707 Third Street, Room 1-400, West Sacramento, CA 95605 Website: http://www.dgs.ca.gov/pd/Programs/OSDS.aspx OSDS Receptionist, 8am-5pm: (916) 375-4940 PD Receptionist, 8am-5pm: (800) 559-5529 Fax: (916) 375-4950 Email: [email protected]

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FOR: • Directory of California-Certified DVBEs •

Certification Applications



Certification Information



Certification Status, Concerns



General DVBE Program Info.



DVBE Business Utilization Plan



Small Business/DVBE Advocates

State Controller’s Office IFB 72091104 Commercially Useful Function Definition California Code of Regulations, Title 2, §1896.61(l): The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. As defined in MVC § 999, a person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following: • Is responsible for the execution of a distinct element of the work of the contract. • Carries out the obligation by actually performing, managing, or supervising the work involved. • Performs work that is normal for its business services and functions. • 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. • Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

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State Controller’s Office IFB 72091104 ATTACHMENT 10 DVBE DECLARATIONS (STD 843) Fill and print form available at the link provided below: http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf This form must be completed if a bidder claims the DVBE Incentive. Please contact the Contract Analyst listed on the first page of this IFB if you are unable to access the provided link, have any questions regarding the completion of this form, or the DVBE program.

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STATE OF CALIFORNIA

STANDARD AGREEMENT STD 213 (Rev 06/03)

AGREEMENT NUMBER

72091104 REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME

State Controller’s Office CONTRACTOR'S NAME

TBD 2.

The term of this

January 15, 2015

through

January 14, 2017

or upon contract execution

Agreement is: 3. The maximum amount of this Agreement is:

$ TBD

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work

2 pages

Exhibit B – Budget Detail and Payment Provisions

1 page

Exhibit B – Attachment 1, Cost Worksheet

1 page

Exhibit C – General Terms and Conditions*

GTC 610

Exhibit D – Special Terms and Conditions

3 pages

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at http://www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. California Department of General Services Use Only

CONTRACTOR CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

TBD DATE SIGNED(Do not type)

BY (Authorized Signature)

 PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA AGENCY NAME

State Controller’s Office BY (Authorized Signature)

DATE SIGNED(Do not type)

 PRINTED NAME AND TITLE OF PERSON SIGNING

TBD ADDRESS

300 Capitol Mall, Suite 1525, Sacramento, CA 95814

Exempt per:

State Controller’s Office IFB 72091104 Sample Agreement, Exhibit A SCOPE OF WORK A. Description of Services The Contractor agrees to provide to the State Controller’s Office (SCO) Media Monitoring Services as described herein: The Contractor will conduct a comprehensive daily search for appropriate content, relating to the key words provided by the SCO, which the Contractor will compile and format. The Contractor must gather news from broadcasts and radio. The Contractor will provide a daily report of clips found using a list of keywords provided by SCO. The report shall include a summary of the clips, as well as a link to the entire clip. B. Contract Term The term of this contract will be for two years beginning upon Contract execution. The SCO reserves the right to amend this contract to add/remove/update key terms, adjust estimated volumes, or augment funds. The rates quoted in Exhibit B, Attachment 1, Cost Worksheet will not change as a result of any amendment to this contract. This contract may be terminated by the SCO with thirty days’ written notice to the Contractor. Contractors are cautioned that no work will begin until the Contract has been fully executed. If work is performed prior to Contract approval, and the Contract for any reason is not approved, all previous work performed by the Contractor is considered donated to the SCO and no payment shall be made for that work. C. Contractor’s Roles and Responsibilities: 1. Will respond to SCO’s inquiries within one business day. 2. Provide reports on a mutually agreed upon time between the SCO and the Contractor, which would allow any broadcast that may have aired in the morning to be included in the daily report. a. Report should include a link to the entire clip. 3. Provide monitoring in real time. 4. Provide video clips in either an electronic format to the SCO or a web-based platform for the SCO to download and view each day in its entirety. 5. Monitor all 210 US designated market areas. 6. Monitor all 11 California market areas. 7. Monitor Spanish and Asian stations.

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State Controller’s Office IFB 72091104 Sample Agreement, Exhibit A 8. Provide additional television and radio broadcast searches as requested by the SCO. D. SCO’s Roles and Responsibilities: 1. Provide the Contractor with a list of key words for searches (up to 10 standard key words). E. Contacts Direct all Services Inquiries to: Name: TBD Division: Executive Office Address: 300 Capitol Mall Sacramento, CA 95814 Telephone: Email: Direct all Contract Inquiries to: Name: Emily Poffenberger Division: Administration and Disbursements Division, Contracts Address: 300 Capitol Mall, Suite 1525 Sacramento, CA 95814 Telephone: 916-322-3011 Email: [email protected]

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State Controller’s Office IFB 72091104 Sample Agreement, Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS A. Invoicing and Payment 1. For services satisfactorily rendered, and upon receipt and approval of Contractor’s invoices,

the SCO agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B, Attachment 1, Cost Worksheet which is attached and made a part of this Agreement. 2. Invoices shall include the Agreement Number 72091104 and shall be submitted in triplicate not

more frequently than monthly in arrears to: State Controller’s Office Departmental Accounting Office P.O. Box 942850 Sacramento, CA 94250-0001 B. Budget Contingency Clause 1. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any

subsequent fiscal 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 SCO 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 the purposes of this program is reduced or deleted for any fiscal year by the

California State Budget Act, the SCO shall have the option to either cancel this Agreement with no liability occurring to the SCO, or offer an Agreement amendment to Contractor to reflect the reduced amount. C. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

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State Controller’s Office IFB 72091104 Sample Agreement, Exhibit B, Attachment 1 COST WORKSHEET The winning bidder’s Cost Worksheet, Attachment 3 of IFB 72091104, will be inserted upon contract award.

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State Controller’s Office IFB 72091104 Sample Agreement, Exhibit D SPECIAL TERMS AND CONDITIONS A. Settlement of Disputes In the event of a dispute, Contractor shall file a "Notice of Dispute" with the SCO, Chief Legal Counsel within 10 days of discovery of the problem. Within 10 days, the SCO Chief Legal Counsel shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The decision of the SCO, Chief Legal Counsel shall be final. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal. B. Potential Subcontractors Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontractor shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. C. Licenses and Permits The Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this contract. If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If a bidder is a Contractor outside the State of California, a copy of your business license or incorporation papers for your respective state showing that your company is in good standing in that state must be submitted. Additionally, out of State bidders must register with the California Secretary of State prior to being awarded the Contract, per Corporations Code 2105. In the event, any license(s) and/or permit(s) expire at any time during the term of this contract; Contractor agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the SCO may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.

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State Controller’s Office IFB 72091104 Sample Agreement, Exhibit D D. Excise Tax The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state. E. Insurance Requirements Contractor agrees the insurance herein required shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of the Agreement, Contractor agrees to provide at least 10 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services and Contractor agrees no work or services shall be performed prior to the giving of such approval. In the event Contractor fails to keep in effect at all times insurance coverage as herein required, the SCO may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. The SCO will not be responsible for any deductibles, premiums, or assessment on the policy. The dates of inception and expiration of coverage shall be specified on the certificate. Contractor shall display evidence of the following coverage on a certificate acceptable to the Office of Risk and Insurance Management: 1. Commercial General Liability insurance on an occurrence coverage form with a limit of no less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury and property damage. The policy shall name the SCO, its officers, agents and employees as additional insured’s. The additional insured endorsement must be provided. 2. Workers’ Compensation and Employer’s Liability insurance with employer’s liability limit of no less than $1,000,000.00. The policy shall have a waiver of subrogation endorsement in favor of the State. The waiver of subrogation endorsement must be provided. 3. Policy Cancellation/Non-Renewal Contractor shall provide to the SCO within five (5) business days of receipt by Contractor a copy of any notice of cancellation or non-renewal of insurance required by this Contract. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon occurrence of such event. 4. Insurance Carrier Required Rating All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Contractor is self-insured for a portion or all of its insurance, review of financial information, including a letter of credit, may be required. The required endorsements must be supplied under form acceptable to the Office of Risk and Insurance Management of the Department of General Services. Page 2 of 3

State Controller’s Office IFB 72091104 Sample Agreement, Exhibit D F. Confidentiality of Data All financial, statistical, personal, technical and other data and information relating to the State’s operations, which is designated confidential by the State and made available to the Contractor in order to carry out this Agreement, or which becomes available to the Contractor in carrying out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State’s procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided in writing to the Contractor by the State. The Contractor shall not, however, be required to keep confidential data or information which is or becomes publicly available, is already rightfully in the Contractor’s possession, is independently developed by the Contractor outside the scope of this Agreement, or is rightfully obtained from third parties. G. Force Majeure Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of war and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible. H. Indemnification Contractor agrees to indemnify, defend and save harmless the SCO, its officers, agents and employees from any third party claims arising out of or in connection with the Contractor’s (its affiliates, employees, agents or representatives) (i) gross negligence or willful misconduct; (ii) breach of this Agreement; or (iii) actual infringement of any confidentiality agreement, patent, copyright, trademark, service mark, trade secret or other proprietary right of a third party by the Contractor System or services. I. Agency Liability The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the SCO shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

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