0._IFB_0000035894.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

INVITATION FOR BID

PAVEMENT MARKERS

EVENT ID 0000035894

07/07/2025

BIDS ARE DUE BY: July 22, 2025, at 2:00 PM PT

RETURN BID TO:

CMU@dgs.ca.gov

(Contract Reference Number 97-36) PD Reference Only Business Unit (BU): 77601

SCOPE

The State of California, Department of General Services, Procurement Division (DGS-PD) is issuing this Invitation for Bid (IFB) to solicit bids from qualified firms to establish a Statewide Contract that provides Pavement Markers to the State of California. The contract resulting from this solicitation will be mandatory for all State of California Departments and available for use by participating local agencies.

The term of any contract resulting from this solicitation will be for three (3) years. The contract will contain two (2) extension options for one (1) year or portion thereof. If a mutual agreement for a contract extension cannot be met, the contract will expire at the end of the current contract term.

LOCAL GOVERNMENT PARTICIPATION

Local government agencies are defined as “any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology, or services,” reference Public Contract Code (PCC) Section 10298 (a) (b) and 10299 (b). Local governmental agencies shall have the same rights and privileges as the State under the terms of these contracts.

Any local governmental agencies desiring to participate shall be required to submit to the same responsibilities as do State departments and will have no authority to amend, modify or change any condition of these contracts.

CURRENT CONTRACT

The historical value based on expenditures from the current mandatory statewide contract, number 1-20-97-36, for Pavement Markers, is $1,110,220.00 over four (4) years.

METHOD OF AWARD

Award will be made by individual Groups. In order to be considered for award, all line items within the Group must be bid. The Groups are defined as follows:

· Group 1 – Pavement Markers

· Group 2 – Temporary Pavement Markers

· Group 3 – Pavement Markers for Recessed Application

Award will be made to the responsive and responsible Bidder with the lowest cost, including all applicable preference and incentive calculations.

DRAFTS

If the State determines that bids from all Bidders contain material deviations, the State may declare the bids to be draft bids. If bids are declared drafts, the State will issue an addendum to the solicitation document and confidential discussions may be held with the Bidders who wish to continue in the bidding process. Notifying the Bidder of defects is intended to minimize the risk that the final bids will be deemed non-compliant; however, the State will not provide any warranty that all defects in the draft bids have been detected. Notification of defects in the draft bid will not preclude rejection of the final bid, if undiscovered defects contained in the declared draft bid are later found in the final bid. Oral statements made by either party during confidential discussions shall not be binding.

NEGOTIATIONS

The State may elect to enter into negotiations pursuant to Public Contract Code §6611 if conditions exist. Should the State elect to negotiate, the process shall be described in writing and provided to the parties involved prior to commencement of negotiations.

ALTERNATIVE PROTEST PROCESS

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

A Notice of Intent to Award for this solicitation will be publicly posted on the Department of General Services Procurement Division webpage and sent via facsimile to any bidder who submits a written request for notice and provided a facsimile number. DGS/PD webpage link.

During the protest period, any participating bidder may protest the proposed award on the following grounds:

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

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

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 2nd working day after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Fax: 916 / 376-6226 Email: PDProtest@dgs.ca.gov

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

Protest bond requirement: bond amount for this Alternative Protest Process shall be 10 percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, Section 1418.

SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE (SB/DVBE) OFF-RAMP

Any contract awarded from this solicitation may be subject to the SB/DVBE Off-Ramp contract provision. This provision allows State departments to purchase goods or services from California certified SB/DVBE firms. Purchases which utilize the SB/DVBE Off-Ramp option do not count toward the Contractor’s SB/DVBE participation. The State reserves the right to rescind this provision at any time.

RESPONSIBLE BIDDER

DGS-PD may require Bidders to submit evidence of their qualifications. This includes, but is not limited to, personnel in the numbers and with the skills required, equipment of appropriate type and sufficient quantity, financial resources sufficient to complete performance under the contract, and experience in similar endeavors. If such information is required, the Bidder will be notified to submit the required information. If the State determines the Bidder is not responsible, the bid will be rejected.

BIDDER INSTRUCTIONS

The Bidder Instructions include the Bidder’s and the State’s rights and responsibilities for the bidding process, unless otherwise specified in this solicitation. Bidder Instructions are located at the following link: Bidder Instructions (rev 11/09/2011).

DESIGNATION OF REQUIREMENTS

The State has established certain requirements with respect to bids to be submitted by prospective Contractors. The use of “must,” “shall” or “will” (except to indicate simple futurity) in the IFB indicates a requirement or condition that is mandatory. A deviation, if not material, may be waived by the State. A deviation from a requirement is material if the deficient response is not in substantial accord with the IFB requirements, provides an advantage to one Bidder over other Bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid, amount paid to the Contractor, or on the cost to the State. Material deviations cannot be waived.

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

ADDENDA

In the event that the solicitation is revised by an addendum, Bidder is required to meet all requirements of the most current addendum, including using any updated forms.

The IFB document is not required to be submitted with the bid. This language supersedes DGS PD-451, Bidder Instructions (rev 11/09/2011) Section 3.b., Solicitation Addendum (Addenda).

PROCUREMENT OFFICIAL

The Procurement Official contact information for this IFB is listed below:

Jennifer Balluch Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (916) 946-8079 E-mail: Jennifer.Balluch@dgs.ca.gov Bid Submittal E-mail: CMU@dgs.ca.gov

The Procurement Official shall be the single point of contact. All inquiries and questions must be directed to only this person. Oral communications are discouraged and shall not be binding to the State. Bidders should only rely on written statements issued by the Procurement Official.

Bid submittals shall be sent to the Bid Submittal E-mail address identified above.

BIDDER QUESTIONS

This IFB addresses all requirements that Bidders must meet to be eligible for consideration. Bidders must carefully read the entire IFB, ask questions in a timely manner, and make sure all procedures and requirements of the IFB are accurately followed and addressed.

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other errors in the IFB, the Bidder shall immediately notify the Procurement Official of such error, in writing, and request clarification or modification of the document.

All questions, comments, and concerns should be immediately directed to the Procurement Official, in writing, no later than four (4) working days prior to bid due date. All questions and/or concerns shall be directed to Jennifer.Balluch@dgs.ca.gov. Working Days are defined as Monday through Friday, excluding holidays.

CLARIFYING INFORMATION

During the evaluation and selection process the State may ask the Bidder to clarify their submitted response if the bid contains conflicting information regarding a requirement for which compliance cannot be determined. Clarification will not be requested if the Bidder has been deemed non-compliant to other requirements.

Except for clerical errors, the State will not ask clarifying questions for bids where the response to the requirement is non-compliant as this would result in a change to the bid.

AGREEMENT COVER LETTER AND CONTRACT PROVISIONS

All Bidders must complete the Agreement Cover Letter and include it with the bid. The Agreement Cover Letter (which shall be considered an integral part of the bid) shall be signed by an individual who is authorized to bind the bidding firm contractually. An unsigned Agreement Cover Letter shall cause the bid to be rejected.

By signing the Agreement Cover Letter and submitting a bid, Bidder is agreeing to accept all of the terms and conditions of the Non-IT General Provisions (rev 02/20/2025) without addition or modification.

Bidder also agrees to comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California.

SPECIFICATIONS

All products offered must conform to the applicable sections of the State of California, Department of Transportation’s 2024 Standards Plans and Standard Specifications, and must be pre-qualified and listed on the Department of Transportation’s Prequalified and Tested Signing and Delineation Materials List version January 31, 2024.

Department of Transportation 2024 Standards Plans and Standard Specifications:

2024 Standard Plans, Standard Specifications, and Contract Item Codes | Caltrans

2024 Caltrans Standard Plans – Page 12, 13, 14, 15, 17, 18 (Pavement Marker Dimensions) 2024 Caltrans Standard Specifications – Page 199 (Temporary Pavement Markers) 2024 Caltrans Standard Specifications – Page 1123 (Pavement Markers)

Department of Transportation Prequalified and Tested Signing and Delineation Materials List version January 31, 2024:

https://dot.ca.gov/-/media/dot-media/programs/engineering/documents/mets/signing-and-delineation-materials-a11y.pdf.

SAMPLES

At the discretion of the Department of Transportation (Caltrans), delivered items may be subject to sampling and testing.

If applicable, markers will be inspected by the Caltrans, Office of Materials Engineering and Testing Services. Materials not meeting specification will be rejected and returned to the contractor at the contractor’s expense. The required time for testing shall not exceed thirty (30) days.

Twenty (20) markers selected at random will constitute a representative sample for each lot consisting of 10,000 or less markers. Forty (40) markers will constitute a representative sample for lots consisting of more than 10,000 markers. For sampling purposes, the lot size shall not exceed 25,000 markers.

ENVIRONMENTALLY PREFERABLE PURCHASING (EPP)

DGS-PD is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by PCC Sections 12400-12404. By signing the Agreement Cover Letter, the Bidder is certifying that the products offered under this solicitation are in compliance with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms, per PCC Section 12404.

POST-CONSUMER RECYCLED CONTENT CERTIFICATION

State departments are required to report purchases made within 16 product categories in the California Department of Resources Recycling and Recovery’s (CalRecycle) State Agency Buy Recycled Campaign (SABRC) in accordance with PCC Sections 12200-12217.

In order to comply with those requirements, Bidders are required to certify in writing the minimum percentage, if not the exact percentage, of post-consumer recycled content (PCRC) material in each of the products offered as part of this solicitation.

The PCRC Certification Workbook contains the following documents:

· PCRC Percentages Worksheet – Bidder shall complete the PCRC Percentages Worksheet for each product offered.

· Letter of Certification – Bidder shall sign the Letter of Certification certifying that the minimum percentage, if not exact percentage, listed in the PCRC Percentages Worksheet is accurate. The Letter of Certification shall be furnished under penalty of perjury. The Letter of Certification shall be provided regardless of content, even if the products do not contain PCRC.

· Reportable Product Categories Table – This table is provided for informational purposes only and identifies the 16 SABRC reportable product categories.

The Bidder shall complete and submit the PCRC Certification Workbook with the bid or within five (5) working days of request from the State.

During the life of the contract, the Contractor will be required to submit revised PCRC Certification Workbook information if percentages are adjusted or if substitute line items are approved by the State Contract Administrator.

TAKE-BACK SERVICES

Bidder may make available a Take-Back service for like-products covered in the resulting contract, including products from other manufacturers. Take-Back services are optional for the ordering agency to use. Bidder shall indicate on Attachment 2 – Narrative Response, whether they are offering this service. If offering a Take Back service, Bidder shall list the Take-Back credit/cost on Attachment 1 – Pricing Workbook (this is a non-award factor).

The products returned must be diverted from the waste stream and redirected for remanufacturing, repurposing, and/or recycling.

If offered, the Bidder shall provide a description of the Take-Back service with the bid or within five (5) working days after request from the State. Description shall include:

· Contact information for the Take-Back company (including transporter company, if different).

· Instructions to use the Take-Back service.

· Process flow of the Take-Back service, from pick-up to the refurbishment or recycling of the equipment. Include name and location of facilities and entities involved.

· Brochures, websites, and/or third-party certifications documenting the equipment manufacturer’s commitment to recycling or zero landfill disposal.

Take-Back Annual Report Contractor may be required to submit a Take-Back Report annually from the contract award date. A final report may be due at the end of the contract. The report shall include the following:

· Name of the agency completing the return.

· Date the equipment was received.

· Manufacturer name and model, or description of product received for take-back.

· Number of units received.

· The disposition of the returned units (refurbished, remanufactured, recycled).

· R2 Certification and/or e-Stewards® Certificate, where available.

Take-back services are subject to clarification of processes that pertain to environmental impacts and the state may request additional information from the Bidder/Contractor.

PRICING STRUCTURE

Contract line items are Pavement Markers that are commonly purchased by the State. These items will be available for purchase by ordering agencies at a fixed contract price (offered on Attachment 1 – Pricing Workbook). The State reserves the right to eliminate any specific line item from the final award.

PRICING WORKBOOK

Attachment 1 – Pricing Workbook contains the price sheet(s) that the Bidders shall use to enter pricing/discounts for the solicitation. In order to be considered for award, all line items in a group in Attachment 1 – Pricing Workbook must be bid. Bidders do not need to bid on all groups. All dollar figures must be entered to no more than two (2) decimal places (e.g., $150.00). All percentages entered shall be whole numbers and not contain any numerals after the decimal point (e.g., 49% is acceptable, 49.3% is not). Any percentages including numerals after the decimal point will be rounded up (e.g., 49.3% will become 50%). Upon award, the Bidder’s proposed products listed on Attachment 1 – Pricing Workbook will be the Contract Line Items (CLINs) under the resultant contract.

Bidders are required to provide the following proposed product information for each line item on the Pricing Workbook:

· Manufacturer Part Number (OEM #)

· Manufacturer (OEM)

· Bidder’s product Stock Keeping Unit Number (SKU#)

· Item Description

· List Price/MSRP

· Contract Unit Price

Prices quoted shall be all inclusive. Only the prices submitted in the bid response shall be included in the awarded contract. No other fees can be charged to the customer.

Attachment 1 – Pricing Workbook must be filled out completely for each Group bidder is proposing or the bid may be rejected. Yellow cells are mandatory and must be completed. Modifying any other cell in any worksheet may disqualify the Bidder.

Bidders shall submit one electronic copy in Microsoft Excel format of the completed Attachment 1 – Pricing Workbook with the emailed bid response.

Failure to submit the Attachment 1 – Pricing Workbook with the bid response shall result in the bid being considered non-responsive. Please refer to the Workbook Key tab for field definitions and additional completion instructions.

For the purpose of this solicitation only the specified brands and models will be accepted as stated in Section 17, Specifications.

QUANTITIES

The quantities shown in Attachment 1 – Pricing Workbook, are representative of the anticipated usage over a three (3) year period and is used for evaluation purposes only. Actual purchases may vary. The State will not guarantee that these quantities will be purchased. Consequently, there is no guaranteed dollar value for this contract. The State will not be obligated to purchase Contractor’s excess inventory. The State reserves the right to purchase any quantity of any line item from the resulting contract.

SALES TAX

Sales tax is not to be included in the bid response or on Attachment 1 – Pricing Worksheet. If awarded the contract, sales tax should be added at time of invoicing. The sales tax rate applied should be based on the rate of the area where the product is to be delivered.

NARRATIVE RESPONSE

The IFB includes some items that require a narrative response. Those items have been listed on Attachment 2 – Narrative Response. Bidders shall input narrative responses on the attachment only, and only for the items requested. If necessary, Bidders may add pages to the attachment to further explain their response.

Bidders shall not input narrative responses within the IFB document, nor should narrative responses be included for items the State did not list on Attachment 2 – Narrative Response. Attachment 2 - Narrative Response shall be included with the bid.

Failure to submit the Attachment 2 – Narrative Response with the bid response shall result in the bid being considered non-responsive.

SELLER PERMIT AND SECRETARY OF STATE

Bidders are required to provide their Seller’s Permit number and, if a corporation or limited liability company, their Secretary of State (SOS) certification number on Attachment 2 – Narrative Response.

A copy of the Seller’s Permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the California Department of Tax and Fee Administration (CDTFA) must be provided within five (5) working days after request from the State or bid may be deemed non-responsive.

SOS certification must be approved and in “Active” status prior to award of any contract. If a Bidder’s SOS certification is not in “Active” status on the bid submission due date, the Bidder will have five (5) working days after notification from the State to provide an “Active” SOS certification.

CUSTOMER REFERENCES

Prior to award, at the State’s sole discretion, Bidder may be required to submit customer references in order to demonstrate to the State that the Bidder can provide Pavement Markers and can handle the anticipated spend for this solicitation.

Customer References must be for the Bidder. Customers are defined as end-users of the product. References from a contractor for which the Bidder did sub-contract work are not acceptable.

Customer references shall:

· Be for work performed within the last five (5) years prior to bid submission due date

· Be for similar product (i.e., sale and distribution of Pavement Markers) to that requested in this IFB

· In total, must be valued at or above $200,000.00. An accumulation of orders from a single customer or multiple references from different customers totaling the applicable minimum value is acceptable.

· Confirm that the Bidder’s overall performance of contract requirements was, at minimum, satisfactory.

References from the DGS-PD are not acceptable. References for transactions against California Statewide Contracts or other Leveraged Procurement Agreements must be from an ordering department.

If requested, the State will provide the Bidder with the Customer Reference Form. Customer references must be provided on this form only. References submitted in any other format will not be considered. Bidder shall submit Customer Reference Forms within 10 working days after notification from the State.

The State may contact customer references to verify the information on the submitted forms. Failure to submit compliant references may result in rejection of the bid.

DECLARATION FORMS

All Bidders must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid response. When completing the declaration, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract.

If a Bidder proposes the use of a subcontractor for a portion of the contract, the Bidder agrees that all requirements will be adhered to and that requirements will apply to subcontractors. All subcontractors must comply fully with the administrative and technical requirements that are applicable with the portion of the work being delegated to the subcontractor.

Bidders and any subcontractors who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed Disabled Veteran Business Enterprise Declaration Form DGS PD 843. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form. The completed form should be included with the bid response. If this document is not included in the bid response, Bidder shall provide it within five (5) working days after request from the State.

SOCIOECONOMIC PROGRAMS

This solicitation may include the following socioeconomic programs:

A. Disabled Veteran Business Enterprise (DVBE) Program Requirements and DVBE Incentive B. Small Business Preference C. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) D. Non-Small Business Subcontractor Preference E. Target Area Contract Preference Act (TACPA) Preference

All certified firms must perform a “commercially useful function” in the performance of the contract as defined in Government Code (GC) Section 14837(d)(4).

The Contractor must notify the State Contract Administrator by written notification of any proposed changes in the SB and/or DVBE subcontractors made during the term of the contract. Changes cannot be made without State Contract Administrator approval.

If claiming SB and/or DVBE participation, the relevant Bidder and/or subcontractor must be certified by California as a SB and/or DVBE. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. PT on the bid due date, and the OSDS must be able to approve the application as submitted.

1. Disabled Veteran Business Enterprise (DVBE) Program Requirements and DVBE Incentive:

This solicitation does not require a minimum DVBE participation percentage. The DVBE participation requirement has been waived.

This solicitation provides an incentive for DVBE participation. California DVBE Bid Incentive Instructions include information about the DVBE incentive. If applicable, Bidders must claim this incentive on Attachment 2 – Narrative Response

Small Business Preference A 5 percent bid preference is available to Bidders certified as a small business in accordance with GC 14835 et seq. If applicable, Bidders must claim this preference on Attachment 2 – Narrative Response.

The Small Business regulations concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals can be viewed in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et seq.).

Small Business Nonprofit Veteran Services Agencies (SB/NVSA) SB/NVSA prime Bidders meeting requirements specified in the Military and Veterans Code (MVC) Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5 percent small business preference. If applicable, claim the preference on Attachment 2 – Narrative Response. SB/NVSAs claiming the small business preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916)375-4940.

Non-Small Business Subcontractor Preference A 5 percent bid preference is available to a non-small business claiming 25 percent California Certified small business subcontractor participation. If applicable, claim the preference on Attachment 2 – Narrative Response.

Target Area Contract Preference Act (TACPA) Preference This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid.

Bidders desiring to claim the TACPA preference are encouraged to carefully review the TACPA forms, requirements, and submittal instructions. Bidders must complete and submit all applicable TACPA program forms with the bid or within five (5) working days of request from the state to be considered for a preference. The State may request additional or missing information to determine eligibility.

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

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

Any questions regarding the TACPA preference should be directed to TACPA@dgs.ca.gov.

COMMERCIALLY USEFUL FUNCTION (CUF)

Suppliers, whether the Bidder or a subcontractor, who have a California certification for one or more of the socio-economic programs (i.e., small business or DVBE), must perform a Commercially Useful Function (CUF) in the resulting contract. CUF is defined in the Military and Veterans Code Section 999(b)(5)(B) for DVBEs and in the Government Code Section 14837(d)(4)(A) for small business as consisting of all of the following:

· Responsibility for the execution of a distinct element of the work

· Actually performing, managing, or supervising the work

· Performing work that is normal for its business services and functions

· Not further subcontracting work that is greater than that expected by normal industry standards

· Responsible, with respect to any products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing (if applicable), and making payment

Bidders shall describe in detail how each certified SB and/or DVBE, whether the Bidder or a subcontractor, meets the CUF criteria on Attachment 2, Narrative Response, in accordance with Section 33, Distribution Plan.

A Contractor, subcontractor, or supplier is not considered to perform a CUF if their role is limited to that of an extra participant through which funds are passed in order to obtain the appearance of participation.

At the State’s option, Bidders may be required to submit additional written clarifying information regarding CUF. Failure to submit the requested written information, as specified, may be grounds for rejection of the bid.

DISTRIBUTION PLAN

Bidder shall describe in detail their Distribution Plan on Attachment 2 – Narrative Response. The Distribution Plan should be the Bidder’s written plan for distribution of the products. The plan must clearly show distribution from the manufacturer to the end user, including all points in between specific to the resulting contract only, and the role that the Bidder, as the Contractor of record, will play in the distribution.

This plan should clearly identify all parties, including any subcontractor, DVBE and/or small business participants involved in the execution of this contract and their responsibilities. Work performed by a Bidder or a subcontractor who is a California certified Small Business and/or DVBE must perform a CUF.

DARFUR CONTRACTING ACT

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three (3) 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 DGS to submit a proposal.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (Public Contract Code Section 10477(a)), unless written permission from the Director of DGS to bid on this procurement has been granted (Public Contract Code Section 10477(b)).

A Bidder is required to submit a completed Darfur Contracting Act form if their company currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Darfur Contracting Act form should be submitted with the bid response. If this document is not included in the bid response, Bidder shall provide it within five (5) working days after request from the State. Failure to submit required information will result in the bid being considered non-responsive.

If a Bidder has not conducted business outside of the United States in the last three (3) years, this section does not apply. Bidders shall submit their response on Attachment 2 - Narrative Response.

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to PCC Section 2010, any Bidder entering into or renewing a contract over $100,000 on or after January 1, 2017, shall certify all of the following:

A. That they are in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code).

B. That they are in compliance with the California Fair Employment and Housing Act (FEHA) (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

C. (1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations, or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

Bidders are required to submit the California Civil Rights Laws Certification form with the bid response. Failure to submit this form will result in the bid being considered non-responsive.

IRAN CONTRACTING ACT

Pursuant to the Iran Contracting Act of 2010 (PCC Sections 2200 through 2208 are “the Act”), vendors are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the state for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities in Iran, as defined in the Act. Prior to submitting a bid or proposal and prior to executing any state contract or renewal for goods or services of one million dollars ($1,000,000) or more, a vendor must complete and return the Iran Contract Act Certification form with their bid response certifying that it is not on the list of ineligible vendors prohibited from doing business with the State of California.

Bidders are required to submit the Iran Contracting Act Certification with the bid response. Failure to submit this form will result in the bid being considered non-responsive.

FEDERAL DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY CERTIFICATION

Expenditures from this contract may involve Federal funds. The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the contract file, a certification by the Contractor that they have not been debarred nor suspended from doing business with the Federal government. Bidders must submit the Federal Debarment Certification form with the bid response. If this document is not submitted with the bid response, Bidder shall provide it within five (5) working days after request from the State. Failure to submit this form will result in the bid being considered non-responsive.

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) 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 or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI, while balancing the risks of these technologies.

Bidder/Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) 4986.2.

Failure to report GenAI to the State may result in disqualification. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder/Offeror of GenAI as required, the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

Bidder shall indicate on Attachment 2 – Narrative Response if the Bidder intends to provide GenAI as a deliverable to the State or intends to complete all or a portion of any deliverable that has material impacts as specified above.

PAYEE DATA RECORD

The Bidder to be awarded this contract will be required to complete and sign a Payee Data Record (STD 204) prior to contract award.

TAX DELINQUENCY

Pursuant to the Public Contract Code Section 10295.4, prior to executing any State contract or renewal for non-IT goods or services, the contracting department must verify that the Bidder in not on either of the prohibited lists below. If Bidder is on either list, they will be ineligible for contract award.

FTB Top 500 Delinquent Taxpayers

CDTFA Top 500 Sales & Use Tax Delinquencies in California

PRODUCT SUBSTITUTIONS

Bidder’s proposed product must be available for the entire contract term. If, during the contract term, specific contract line items are no longer available, Contractor may propose substitute product that either meets or exceeds the minimum requirements. Product substitution shall be in accordance with the Non-IT General Provisions, (rev 02/20/2025), Section 4.1 entitled “Substitutions”.

PRICE ADJUSTMENTS

All prices shall be firm fixed for the contract term, including any optional year extensions, unless a price adjustment is granted.

Frequency/Guidelines:

Price adjustments will only be acknowledged in accordance with the following guidelines:

1. Price adjustments will not be made during the first 12 months of the contract or within 12 months following an approved price adjustment.

1. Price adjustments may only be requested when the cost of finished products based on the U.S. Bureau of Labor Statistics Producer Price Index (PPI) for Rubber and Plastic Products, WPU072B invoices from the OEM and/or component suppliers has increased no less than four (4) percent.

1. No price increase/decrease shall apply to quantities ordered from the contract prior to the effective date of the price adjustment. No retroactive contract price adjustments will be allowed.

1. An exemption to these frequency/guidelines may be requested should unusual circumstances occur, in which case substantiating documentation will be required.

1. The State reserves the right to decrease prices in the same manner as price increase adjustments.

Processing a Price Increase:

1. Any price adjustment request must be in writing. The price adjustment, if accepted, will be effective upon publication of Contract User Instructions supplement by the State.

2. Price adjustment requests must include:

a. A copy of the appropriate documentation identified above illustrating the relevant percent increase/decrease.

b. An Excel spreadsheet detailing the requested adjustment to the contract line item(s). The spreadsheet should include the CLIN, current State Contract Price, percent increase/decrease requested, and adjusted State Contract Price for each contract line item.

3. Price adjustments, if granted, will be made as follows:

The PPI at the time of contract award/last price adjustment and the latest final PPI at the time of request will determine the maximum allowable adjustment to the current State contract price.

PPI data issued by the U.S. Bureau of Labor Statistics may be revised up to four (4) months after the original release date before being considered final. Only final PPI data will be used to adjust contract pricing.

Additional price adjustments within the contract term including extensions, if granted, will be made as detailed above. The base PPI will be the accepted PPI at the time of the last approved price increase request.

Upon receipt of a price increase request, the State reserves the right to:

0. Accept the adjustment as competitive with the general market price at that time; or

0. Negotiate proposed price adjustments. Note: The State will notify the Contractor, in writing, its desire to negotiate; or

0. Deny adjustment request and continue with current State contract prices; or

0. Cancel the contract without prejudice, effective upon written notice from the State.

If negotiations fail to produce any agreement, the State reserves the right to exercise Options 3c or 3d with an effective date no later than 10 working days after unsuccessful negotiation.

PRICE DECLINES

The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and ordering agencies shall receive full benefit of such declines.

MINIMUM ORDER

The minimum order shall be $5,000.00.

CUSTOMER SERVICE:

The Contractor will have a customer service unit that supports this contract. The customer service unit shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

Contractor shall assign a Contract Manager to act as a contact for all contract-related issues. Contractor Contract Manager information shall be provided prior to award.

CONTRACTOR ORDERING INFORMATION

The Contractor shall accept orders through the following methods:

· Email – An email address to be used by ordering agencies for placing orders is to be in place before the commencement of this contract.

· Facsimile – A facsimile number to be used by ordering agencies for placing orders is to be in place before the commencement of this contract. Facsimile orders must be accepted between the hours of 8:00 AM and 5:00 PM (PT), Monday through Friday.

· Mail – Contractor must have the capability to receive orders by mail in place before the commencement of this contract.

ORDER ACCEPTANCE

The Contractor shall accept orders from any State department or local governmental agency.

The Contractor shall not accept purchase documents for this contract that:

· Are incomplete (required information on purchase documents will be provided during contract implementation)

· Contain non-contract items or items outside the scope of the contract

· Contain non-contract terms and conditions

The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the State Contract Administrator.

PURCHASE EXECUTION

Ordering agencies will submit orders directly to the Contractor via one of the ordering methods in accordance with Section 47, Contractor Ordering Information.

State department orders will be submitted using a Purchasing Authority Purchase Order (Std. 65) or using the Fi$Cal Purchase Order process.

Local governmental agencies may submit orders on their own purchase document. These purchase documents must contain the same data elements as State department purchase documents.

ORDER ACKNOWLEDGEMENT

The Contractor must provide the ordering agency with an order receipt acknowledgement, either through email or facsimile, within two (2) working days of receipt. Order Acknowledgement will include:

· Contractor’s Order Number

· Ordering Agency Name

· Agency Order Number (Purchase Order Number)

· Description of Goods

· Total Cost

· Anticipated Delivery Date

· Identification of any Out of Stock/Discontinued Items

DELIVERY LOCATIONS

Delivery for orders placed against the contract resulting from this solicitation shall be in accordance with the following:

Locations

1. Caltrans Sacramento Distribution Warehouse 2001 Evergreen Street Sacramento, CA 95815

2. Other State Departments and Local Agencies:

Deliveries are to be made statewide to the location specified on the individual purchase order, which may include, but not limited to inside buildings and receiving docks.

DELIVERY SCHEDULES

Delivery of ordered product shall be completed in full within 60 calendar days after receipt of an order (ARO), unless otherwise agreed to by the ordering agency. Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each facility for their specific delivery hours before delivery occurs.

The Contractor must notify the ordering agency within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.

1. Caltrans The Contractor shall contact the Sacramento Distribution Warehouse by telephone at (916) 263-0463 or by fax at (916) 263-0871 at least two (2) working days in advance to schedule a delivery time. Unscheduled deliveries are subject to rejection. The warehouse accepts deliveries from 8:00 am to 12:00 pm PT and from 12:30 pm to 4:00 pm PT, Monday-Friday, except State holidays and any mandated furlough dates.

Other State Departments and Local Agencies:

Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM.

DELIVERY SECURITY REQUIREMENTS

Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

Deliveries that are delayed due to drivers not being cleared to enter secure grounds may…