Categories 530 - 533

INVITATION FOR BID

IFB C5-CMCS-G1-26

CALNET MANAGED CYBERSECURITY SERVICES

PART 1– GENERAL INSTRUCTIONS

FOR CATEGORIES 530 – 533

JUNE 30, 2026

Issued by:

STATE OF CALIFORNIA

California Department of Technology Office of Statewide Technology Procurement PO Box 1810 Rancho Cordova, CA 95741 Disclaimer: The original PDF version and any subsequent addenda to this IFB remain the official version. In the event of any inconsistency between the Bidder’s versions, articles, attachments, exhibits, specifications, or provisions, which constitute the Contract, the official State version of the IFB in its entirety shall take precedence.

ADDENDUM LOG

TABLE OF CONTENTS

Categories 530 - 533

PART 1 – GENERAL INSTRUCTIONS

INTRODUCTION

This solicitation is conducted under the policies and procedures developed by the California Department of Technology (CDT) as provided under Public Contract Code (PCC) § 6611 et seq., which provides the authority to use a competitive negotiation process when the State of California’s (State) business need or the purpose of a procurement or contract is known, but negotiation is necessary to ensure the State receives the best value or the most cost-efficient Equipment and Services.

This solicitation contains the instructions governing the Requirements for a fixed price Bid to be submitted by interested Bidders. Also specified in this solicitation is the required format for Bid submissions and the material to be included therein. This solicitation also addresses the Requirements Bidders must meet to be eligible for consideration, as well as Bidder’s responsibilities before and after award.

Unless otherwise defined herein, capitalized terms are defined in EXHIBIT F: SOW GLOSSARY. The following terms are used interchangeably throughout the solicitation documents: (1) “Contract” and “Agreement;” (2) “response” and “proposal” and “Bid” and (3) “solicitation” and “procurement”.

Purpose of this Invitation for Bid The purpose of this Invitation for Bid (hereinafter referred to as IFB C5-CMCS-G1-26 or IFB or solicitation) is to obtain Bids to provide CALNET Managed Cybersecurity Services Group 1 (CMCS) in the Categories listed below.

The Services sought by this IFB consist of four Categories as follows:

Category 530 – Managed Multi-Factor Authentication (MFA) Service Category 531 – Managed Incident Response Retainer (IRR) Service Category 532 – Managed Anti-Phishing Security (MAPS) Service Category 533 – Managed Endpoint Detection & Response (EDR) Service As a result of this solicitation, the State intends to award each above Category to multiple Bidders. Awards for Categories shall result in a single coterminous award. Any delay with award of a Category may result in a subsequent solicitation.

Bids for each Category will be evaluated and awarded separately from any other Category. All awards will be based on value effective criteria as described in Section 7, Bid Evaluation. The intent of this IFB is to establish a list of Contractors with active Contracts for Equipment or Services and prices for the above Categories. Additionally, this IFB will establish specific Service Level Agreements, Business and Technical Requirements, and other relevant conditions for awarded Contractors.

Contractors awarded a Contract as a result of this IFB will be allowed to solicit Customer orders in areas throughout the State where the Contractor identified an ability to provide awarded Equipment or Services. The resulting Contracts from this solicitation will be Non-Mandatory.

Background The California Network and Telecommunications (CALNET) program focuses on providing Equipment and Services that meet the State’s complex and critical Cybersecurity needs.

This CALNET 5 IFB will allow qualified Bidders to compete to obtain an award in all eligible CALNET Managed Cybersecurity Service Categories. Contracts awarded as a result of this IFB do not guarantee revenue or Customer orders for Equipment or Services.

All State of California Executive Branch non-exempt entities are required by policy to utilize the CALNET Contracts to obtain mandated telecommunications and network services, unless otherwise authorized by the CDT. State of California exempt entities are encouraged, but are not required, to use the CALNET Contracts to purchase Required Services. Non-State Entities, i.e., California local jurisdictions (cities, counties, special districts, and other tax supported Entities) may also use the CALNET Contracts by completing an Authorization to Order (ATO). However, non-State entities are not required by the State to use the CALNET Contracts.

Contract Term The contracts resulting from IFB C5-CMCS-G1-26 shall be effective upon CDT, Office of Statewide Technology Procurement (OSTP) signature approval. The Contract term is approximately three (3) years, with two (2) one-year options to extend. The Contract term end date shall be June 30, 2029, unless the State exercises an extension option. For avoidance of doubt, Contract extensions will be exercised at the sole discretion of the State and shall not be denied by the Contractor.

Issuance of this IFB does not commit the State to award a Contract. The State reserves the right to reject any or all Bids received, or parts thereof, if the State determines that it is in the State’s best interest to do so.

1.1 Contract Pricing

Prices established in Exhibit E, Cost Workbook and Exhibit D, SOW Catalog A shall be the maximum allowed price, excluding a State Associated Administrative Fee (SAAF) as directed by the State.

Throughout the life of the Contract, Contractors may lower their prices to remain competitive, however, they may not increase any prices beyond the CALNET 5 approved rates.

1.2 Contract Management and Oversight

The Contracts awarded as a result of this IFB will be managed by the State’s CALNET Management and Oversight (CMO) team. The CMO responsibilities may include but are not limited to:

1. Oversee Contractor adherence to the awarded terms and conditions;

Provide ongoing cost analysis;

Manage or oversee Service deployments including Contractor Provisioning, maintenance of services, and other related services as may be required;

Potentially purchase Equipment or Services on behalf of State Entities;

Control the Contractors’ ability to offer and the Customers’ acquisition and use of Services through issuance of:

a) Customer User Instructions;

b) Delegation of authority to purchase and approval to order;

c) Designation of required or mandated Equipment or Services (including exemptions); and

d) Establishment of other Customer policies and instructions.

BIDDING INSTRUCTIONS

Bidder Admonishment The Bidder should refer to Section 2.5, Bidding Steps, for details surrounding the phases of this solicitation. Section 7, Bid Evaluation describes the evaluation process and scoring criteria of each Final Bid element.

Bidders are cautioned when including description content that may exceed the scope of the Requirement. Doing so may result in a Bidder committing to provide a higher level of Service than required at the price specified.

Where no description is requested or permitted, the Bidder must meet the Requirement exactly as stated. The Bidder shall only provide additional language or descriptions where requested. No other additional content is permitted. Providing additional language or descriptions in any area not requested may be considered a deviation.

As detailed in Section 5, Cost, pricing or cost information must not be included in any response, description, or literature submitted by the Bidder outside of its cost response. Failure to comply with this Requirement may result in disqualification.

It is the Bidder’s responsibility to:

1. Carefully read the entire solicitation;

Submit questions as scheduled in Section 2.3 Key Action Dates (see Attachment 1, Bidder Questions / Request for Change Form for Submitting Questions);

Ensure understanding of the State’s Requirements before attempting to develop its Final Bid;

Submit all required responses by the required dates and times;

Ensure accurate compliance with all procedures and Requirements of the solicitation; and Carefully re-read the entire solicitation before submitting a Final Bid.

Communications and Contacts The State will use its online procurement site, Cal eProcure, to communicate with prospective Bidders. Information and ongoing communications for this IFB will be posted by the State at the location below:

https://caleprocure.ca.gov Following receipt of Final Bids, communications may be transmitted via email directly to responding Bidders.

Procurement Officer CDT’s Procurement Officer is the State’s designated authorized representative for this procurement.

Bidders are directed to communicate only with the Procurement Officer at the e-mail address(es) below to submit questions and other correspondence regarding this procurement. Any attempts by Bidders or their representatives to communicate with other State personnel regarding any aspect of this procurement may result in disqualification.

The Procurement Officer will serve as the Bidder’s point of contact for questions and clarification and will identify the rules governing this procurement.

Please include the following Procurement Officers on all correspondence:

Saagar Patel, Procurement Officer (he/him/his) Phone: (916) 291-0597 Email: Saagar.Patel@state.ca.gov Copy to:

Tien Le, Secondary Procurement Officer (she/her/hers) Phone: (916) 460-9806 Email: Tien.Le@state.ca.gov Questions Regarding the Procurement Bidders seeking clarification of the intent, terms and conditions, solicitation content, or on procedural matters regarding the competitive bidding process must submit questions via email using Attachment 1, Bidder Question / Request for Change Form.

Bidders that believe one or more elements of the solicitation or a related process is onerous, unfair, or imposes unnecessary constraints must use Attachment 1, Bidder Question / Request for Change Form to request a change to the solicitation.

All questions or requests for change must be submitted via email to the Procurement Officer listed in Section 2.2.1, Procurement Officer. All email transmittal messages must include the solicitation number in the subject line. Any attachments or supporting documents included with the Bidder's question(s) or request(s) for change, must be in MS Word or MS Excel format (v. 2016 or higher). PDF submissions are not acceptable.

Responses to Bidder questions will be posted to Cal eProcure and will not identify the name of the submitting Bidder. Following Final Bid Submission, responses to Bidder questions may be sent directly to Bidders via email. During the Negotiation Phase, responses to Bidder questions will be sent directly to the requesting Bidder only and will not be shared with other Bidders.

Only questions submitted in writing and answered in writing by the Procurement Officer shall be binding and official. At the sole discretion of the State, questions may be paraphrased by the State for clarity. Questions must be received no later than the date specified in Section 2.3, Key Action Dates, to ensure a response. Questions or Requests for Change received after the date(s) indicated in Section 2.3, Key Action Dates may receive a response from the State at the State’s discretion.

A Bidder who desires clarification or further information on the content of the IFB, but whose question(s) relate to a proprietary aspect of that Bidder’s Bid and would expose that aspect to other Bidders, may submit such questions in the manner stated above, but also marked “CONFIDENTIAL.”

For each confidential question, the Bidder must explain why the question is sensitive or proprietary in nature. If the State concurs that disclosure of the question or response would expose the proprietary nature of the Bidder’s Bid, the question and its response will be provided to the Bidder in confidence. If the State does not concur with the proprietary aspect of the question, the Bidder will be so notified, at which time the Bidder may waive its claim of confidentiality or withdraw the question in its entirety.

Key Action Dates The Key Action Dates provided below specify the dates and times by which actions must be taken or completed. If the State finds it necessary to change these dates or times, an addendum to this solicitation may be released as detailed in Section 2.4.5, Addenda. Dates following the Last Day to Submit Final Bid are estimated and may be revised without addendum to this solicitation. All times listed are Pacific Time.

The Key Action Dates in Table 2-1, below, are for all Categories unless specified otherwise.

Table 2-1: Key Action Dates

(Pacific Time)

Obtain eVAQ Approval September 14, 2026 @ 5:00 PM

Rules Governing Competition This solicitation, the evaluation of responses, and the award of any resulting Contract shall be made in conformance with current competitive bidding procedures as they relate to the procurement of Equipment and Services by State entities.

Identification and Classification of Solicitation Requirements The State has established certain Requirements with respect to Final Bids to be submitted by prospective Contractors. The use of “shall,” “must,” or “will” (except to indicate simple futurity) in the solicitation indicates a mandatory Requirement or condition.

A deviation of any mandatory Requirement may disqualify a Bidder from further participation in the procurement process.

The words “should” or “may” in the solicitation indicate desirable attributes or conditions but are non-mandatory in nature.

Solicitation Documents This IFB includes, in addition to an explanation of the State’s needs that must be met, instructions that prescribe the format and content of Final Bids and the model of the Contracts to be executed between the State and the successful Bidders.

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this IFB, the Bidder should immediately notify the Procurement Officer identified in Section 2.2.1, Procurement Officer, in writing of such error and request clarification or modification of the document. Attachment 1, Bidder Question / Request for Change Form is provided for this purpose.

Any modifications to the IFB will be made by addenda pursuant to Section 2.4.5, Addenda.

If the IFB contains an error known to the Bidder, or an error that reasonably should have been known, the Bidder shall Bid at its own risk. If the Bidder fails to notify the State of the error prior to the date fixed for submission of Final Bids, and is awarded the Contract, the Bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

Examination of the Work The Bidder should carefully examine the entire IFB, any addenda thereto, together with all related materials and data referenced in the IFB or otherwise available to the Bidder. The Bidder should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work.

Confidentiality The contents of all Bids, correspondence, agenda, memoranda, working papers, or any other medium that discloses any aspect of a Bidder’s Bid shall be held in the strictest confidence until the Contract Awards are publicly announced.

Bidder material becomes public only after Contract Award. If material marked “confidential,” “proprietary,” or “trade secret” is requested pursuant to the Public Records Act, the State will make an independent assessment whether the material is exempt from disclosure. If the State disagrees with the Bidder, the State will notify the Bidder and provide it a reasonable opportunity to justify its position or obtain a court order protecting the material from disclosure.

The content of all working papers and discussions related to the Bidder’s Bid shall be held in confidence indefinitely, unless the public interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement or the evaluation of the Final Bid.

Any disclosure of confidential information by the Bidder is a basis for rejecting the Bidder’s Bid and ruling the Bidder ineligible to further participate. Any disclosure of confidential information by a State employee is a basis for disciplinary action, including dismissal from State employment, as provided by Government Code section 19570 et seq. Total confidentiality is paramount; it cannot be over emphasized.

Addenda The State may modify this IFB by addendum at any time prior to Final Bid submission. Addenda will be numbered consecutively and released via Cal eProcure.

If a Bidder determines an addendum unnecessarily restricts its ability to Bid or if the new or revised addendum content prompts questions, Bidder’s are permitted five business days to submit written questions regarding the new or revised addendum content only in accordance with the dates specified in Section 2.3, Key Action Dates.

Addenda issued to correct typographical errors, revise Key Action Dates, or clarify ambiguous content may not include a question and answer period.

Cost to Prepare Final Bid Costs for developing Bids are the sole responsibility of the Bidder and shall not be chargeable to the State.

Signature of Final Bid Attachment 5, Cover Letter shall be considered an integral part of the Final Bid and any solicitation form requiring signature, must be signed by an individual who is authorized to bind the Bidder contractually. The signature block must indicate the title or position the individual holds within the organization. An unsigned Final Bid may be rejected.

Irrevocable Offer Bidder’s response to this solicitation shall constitute a firm offer, which shall remain irrevocable for not less than 180 calendar days following the response due date specified in Section 2.3, Key Action Dates. In the event of a delay in the Contract Award, a Bidder may extend the expiration date of its firm offer an additional 30 calendar days by written notice to the State.

This expiration date may be further extended by mutual agreement between the State and the Bidder to accommodate processing time for required approvals and other solicitation-related reviews.

After the Bidder’s response is submitted to the State, the Bidder shall actively continue planning and working with the State to ensure the timely completion of all tasks necessary and sufficient to prepare for and achieve a smooth and seamless Conversion of the Equipment or Services.

By submitting a response to this solicitation, the Bidder commits to adhere to this Irrevocable Offer provision.

False or Misleading Statements Bids that contain false or misleading statements or that provide references that do not support an attribute or condition claimed by the Bidder may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a Requirement of this IFB, it will be the basis for rejection of the Final Bid.

Bidding Steps The following provides a high-level overview of the procurement steps detailed in this IFB.

The Bidder is expected to comply with the format requirements detailed herein and utilize all forms included in this solicitation necessary for its response. This solicitation also addresses the Bidder responsibilities and Requirements it must meet to be eligible for consideration. If the Bidder fails to follow the provided instructions, the Bidder may be disqualified from the solicitation process.

Refer to Section 2.3, Key Action Dates to view the key steps included in this solicitation. Section 2.3, Key Action Dates lists milestones, mandatory steps, and due dates for Deliverables in this solicitation.

Phase 1 – Preliminary Submissions Bidders that wish to participate in this solicitation should submit an Intent to Bid and must submit a Confidentiality Statement as detailed in the following sections. These documents must be submitted as specified in Section 2.3, Key Action Dates. See Section 3.4, Intent to Bid and Section 3.5, Confidentiality Statement for additional details.

Phase 2 – Electronic Vendor Application of Qualifications Bidders must complete and obtain approval of their eVAQ application prior to the Final Bid due date. It is recommended that Bidders allow a minimum of four weeks before the Final Bid due date to allow the State to process the eVAQ application approval.

Bidders that fail to obtain an approved eVAQ application by the Final Bid due date will not be permitted to submit a response to this IFB.

Details regarding the eVAQ process are provided in Section 3.1, Electronic Vendor Application of Qualifications.

Phase 3 – Final Bid Submission Phase 3 consists of Final Bid submission.

The Final Bid must be complete and include responses to all Administrative Requirements, Technical and Business Requirements, Cost information, required signatures, and reflect any changes made by the State via an addendum. Final Bids must be submitted as specified in Section 6, Final Bid Format and Submission Requirements.

Final Bids submitted after the date and time indicated in Section 2.3, Key Action Dates will not be evaluated.

Final Bids that are incomplete or not in the manner specified in Section 6, Final Bid Format and Submission Requirements may be deemed non-responsive and the Bidder may be disqualified.

Evaluation of Exhibit E, Cost Workbook will not be conducted on incomplete Final Bids or those that fail to meet all business and technical criteria. Bidders that submit a complete Final Bid may receive an invitation to negotiate with the State following Final Bid and Cost evaluation.

Phase 4 – Negotiations The State will conduct negotiations under PCC section 6611 and as detailed in Section 8, Negotiations. The purpose of the negotiation process is to maximize the State’s ability to obtain a value effective solution.

Following evaluation of Final Bid submissions, qualified Bidders may be invited to participate in Negotiations as detailed in Section 8, Negotiations. The State, at its sole discretion, may request a Best and Final Offer from any qualified Bidder.

Negotiations may or may not result in a Contract award.

Resubmission/Modification and/or Withdrawal A Bidder may resubmit its Final Bid at any time prior to the Final Bid due date and time specified in Section 2.3, Key Action Dates by submitting a Notice of Proposal Withdrawal signed by an authorized representative of the Bidder in accordance with Section 2.4.7, Signature of Final Bid. The Bidder may thereafter submit a new or modified Final Bid prior to the respective Final Bid submission date and time specified in Section 2.3, Key Action Dates. Modification offered in any other manner, oral or written, will not be considered.

Other than as allowed by law, Final Bids cannot be changed after the Final Bid submission date and time designated for receipt, except as provided in the solicitation.

A Bidder that no longer wishes to participate in the solicitation may withdraw its Intent to Bid at any time by submitting a written notification of such.

Disposition of Bids All materials submitted in response to this solicitation will become the property of the State of California. All submissions shall be retained for official files and will become part of the public record after the Notification of Award is posted.

Materials the State considers confidential information (such as confidential financial information submitted to show Bidder responsibility) will be returned upon request of the Bidder.

1.3 Americans with Disabilities Act

To comply with the nondiscrimination requirements of Americans with Disabilities Act (ADA), it is the policy of the State of California to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing reasonable accommodation to participate in the procurement process or for persons having questions regarding reasonable accommodations of the procurement process, potential Bidders may contact the Procurement Officer identified in Section 2.2.1, Procurement Officer. Potential Bidders may also contact the State of California at the numbers listed below.

Important: To ensure that we can meet your needs, it is best that we receive your request for reasonable accommodations at least 10 working days prior to a scheduled event – e.g., meeting, conference, workshop, etc. – or deadline due date for procurement documents.

The California Relay Service Telephone Numbers are listed below.

Table 1-2: California Relay Service Information

ADMINISTRATIVE REQUIREMENTS

This section lists the mandatory and optional Administrative Requirements to be considered responsive to this IFB.

Many of the Administrative Requirements for this solicitation will be processed through the eVAQ. Please reference Section 3.1, Electronic Vendor Application of Qualifications for more Information.

Most Administrative Requirements specified in this section are mandatory and are noted or labeled as “Mandatory” or “(M)” throughout this section. Administrative Requirements that are not mandatory are noted or labeled as “Optional” or “(O)” within this section.

The Administrative Requirements listed in this section are classified as follows:

(M) – All sections labeled “Mandatory” or “(M)” must receive a response to be considered responsive and responsible to the solicitation Requirements. Bidder must be in full compliance with mandatory Administrative Requirements. A “fail” score to a mandatory Requirement will result in a Bidder's proposal being deemed non-responsive and, therefore, disqualified. Additionally, failure to respond or comply with any mandatory Requirement may result in disqualification of the response.

(O) – All sections labeled “Optional” or “(O)” are not required to receive a response to be considered compliant with the solicitation Requirements. A Bidder may choose to meet optional Administrative Requirements such as those related to preference points. However, if a Bidder responds to an optional Administrative Requirement, the Bidder must meet the minimum conditions as stated in the section.

The Bidder awarded this Contract must comply with or meet the following mandatory Administrative Requirements through the term of the Contract and any optional extensions. Failure to do so may be grounds for Contract termination in whole or in part.

Responses to Administrative Requirements will be evaluated in accordance with Section 7, Bid Evaluation.

Electronic Vendor Application of Qualifications (M) It is the responsibility of the Bidder to ensure it has an OSTP-approved eVAQ and all applicable requirements and provisions for this solicitation. Failure to have an OSTP-approved eVAQ on file prior to the Final Bid submission due date specified in Section 2.3, Key Action Dates will disqualify the Bidder, and the State will not evaluate its proposal, conduct negotiations, or award a Contract. The State will not seek eVAQ modifications or clarifications following the Final Bid submission due date.

The State’s eVAQ is an external process to this solicitation. The intent of the eVAQ is to process in advance, many of the Administrative Requirements necessary to do business with the State of California which will streamline the solicitation process. The OSTP-approved eVAQ is required to have a Bidder’s Final Bid accepted for evaluations.

The eVAQ application can be accessed on the OSTP Vendor Portal at the following location:

https://cadtprod.service-now.com/vendor Note: If the Bidder is new to the eVAQ process, account registration is necessary and is free of charge. Bidders should allow no fewer than four weeks to process its eVAQ.

If a Bidder has an approved eVAQ on file, it is the Bidder’s responsibility to ensure:

The eVAQ is a CDT OSTP-approved eVAQ (not a Department of General Services (DGS) eVAQ).

All required information submitted with the eVAQ is current and valid.

All questions related to the eVAQ process should be addressed to the Procurement Officer.

Incorporation of eVAQ Requirements Bidders are advised that the Contract awarded as a result of this solicitation shall automatically incorporate by reference all Requirements of the solicitation as well as the Terms and Conditions of the eVAQ. The Bidder’s eVAQ, in its entirety, shall be incorporated into any Contract awarded as a result of this solicitation, and shall remain in effect throughout the life of the Contract, including any optional extension years.

In the event of an inconsistency between the solicitation and the eVAQ documents, the solicitation documents shall take precedence.

Tech 213 Agreement Sample A sample Standard Agreement (TECH 213) is attached to this solicitation as Attachment 8: Standard Agreement (TECH 213) and is provided for informational purposes only. Bidders awarded a Contract will be asked to designate the name and title of the person authorized to bind the Bidder contractually. The State will transmit the final TECH 213 to the Bidder for signature.

General Provisions – Telecommunications (M) The Contract awarded as a result of this IFB shall automatically incorporate by reference the Exhibit A, General Provisions – Telecommunications.

Bidders must agree to this provision by indicating such on Attachment 4, Administrative Requirements Checklist. Failure to agree to this provision may result in rejection of the Bidder’s Final Bid.

Intent to Bid Each Bidder should submit a signed Attachment 2, Intent to Bid as specified in Section 2.3, Key Action Dates. The Intent to Bid is a preliminary submission and should be submitted by email to the Procurement Officer identified in Section 2.2.1, Procurement Officer. Only those Bidders that acknowledge interest in this solicitation by submitting an Intent to Bid will receive correspondence applicable to the solicitation (e.g., dates for confidential discussions, meetings, etc.) throughout this procurement. Correspondence to a Bidder regarding this solicitation will only be provided to the Bidder’s contact or designee.

It shall be the Bidder’s responsibility to immediately notify the Procurement Officer in writing, regarding any change to its Intent to Bid or the contact information. The State shall not be responsible for correspondence not received by the Bidder if the Bidder fails to notify the State, in writing, of any change pertaining to the designated Contacts.

Submission of an Intent to Bid does not obligate the vendor to submit a Final Bid for this solicitation. Prior to the Final Bid due date, an Intent to Bid may be withdrawn at any time and for any reason if the vendor no longer wishes to proceed. The Intent to Bid, however, is necessary to ensure the potential Bidder receives notice of important procurement-related topics throughout the procurement process. Withdrawal from the procurement process following submission of a Final Bid is detailed in Section 2.5.5, Resubmission/Modification and/or Withdrawal.

The completed Attachment 2, Intent to Bid should be submitted with the Bidder’s Attachment 3, Confidentiality Statement, as specified in Section 2.3, Key Action Dates.

Confidentiality Statement (M) Each Bidder must submit a signed Attachment 3, Confidentiality Statement as specified in Section 2.3, Key Action Dates. A copy of the previously submitted Confidentiality Statement must also be included with the Bidder’s Final Bid.

The Bidder engaging in Services pertaining to this solicitation, which may require access to confidential State information or State Customer information will be required to exercise security precautions for all such data that is made available and must accept full legal responsibility for the protection of this confidential information. This includes all statistical, personal, technical, and/or other confidential personal data and confidential information relating to the State’s operations that are designated confidential by the State.

The Confidentiality Statement applies to all CALNET Customer information. Any references in the Confidentiality Statement to CDT apply equally to individual CALNET Customers as appropriate.

Bidder material becomes public only after the Notification of Award is released. If material marked “confidential,” “proprietary,” or “trade secret” is requested pursuant to the Public Records Act, the State will follow the process outlined in Section 2.4.4.

Cover Letter (M) As detailed in Section 2.4.7, Signature of Final Bid, the Bidder must submit Attachment 5, Cover Letter Form with its Final Bid. The Cover Letter must be signed by an individual authorized to contractually bind the Bidder. The signature block must also indicate the title of the signer.

The Bidder shall not include additional language or graphics within the Cover Letter form. Additional content that may be deemed conditional or an exception, or failure to accept the terms and conditions of this solicitation as written by the State, will be considered a deviation in accordance with Section 2.4.1 Identification and Classification of Solicitation Requirements.

Administrative Requirements Checklist (M) The Bidder must complete and submit Attachment 4: Administrative Requirements Checklist. The Bidder must indicate its willingness and ability to satisfy these Requirements by responding “Yes” in the “Bidder Agrees Yes/No” column. A “No” response to any mandatory Administrative Requirement or failure to submit the required document(s) with the Final Bid will be considered a deviation.

If a Bidder does not submit a response to any optional Administrative Requirement, the Bidder will be deemed to have not met the optional Administrative Requirement and no points will be awarded for those optional Requirements. No penalty will be assessed for failure to respond to optional Administrative Requirements.

Ability to Perform (M) Prior to award of the Contract, the State must be assured the Bidder selected has all the resources required to successfully perform under the Contract. This includes, but is not limited to, personnel in a sufficient quantity with the necessary skills; equipment of the appropriate type and in the required quantity; adequate financial resources to complete performance under the Contract; and experience in similar endeavors. If, during the evaluation process, the State is unable to assure itself of the Bidder’s ability to perform under the Contract, if awarded, the State has the option of requesting from the Bidder any information the State deems necessary to determine the Bidder’s ability to perform. If such information is required, the Bidder will be notified and will be permitted five business days to submit the information requested in writing. Examples of the type of financial responsibility information requested may include annual reports and current audited balance sheets for the Bidder’s firm.

If a Contract is awarded, the Contractor must maintain its ability to perform throughout the term of the Contract and any optional Contract extensions. Failure to comply with this Requirement may result in Contract termination.

Bidders must agree to this provision by indicating such on Attachment 4, Administrative Requirements Checklist. Failure to agree to this provision may result in rejection of the Bidder’s Final Bid.

Primary Bidder (M) Each Contract Award, if made, will be to a Primary Bidder. The awarded Primary Bidder(s) will be responsible for successful performance of all Subcontractors and support services offered in response to this solicitation. The awarded Contractor(s) shall ensure all State policies, guidelines, and Requirements that apply to the Primary Bidder also apply to Subcontractors, if any, as applicable to the Goods and Services they provide and to their role as a Subcontractor.

Furthermore, the State will consider each Primary Bidder to be the sole point of contact regarding contractual matters for the term of the resulting Contract. The Bidder shall not assign financial documents to a third-party without prior written approval by the State, and an amendment to the resulting Contract.

Any correspondence, communication or meetings between the State and the Bidder during the procurement process for this IFB shall not include third party representatives (i.e., lobbyists or Bidder’s consultants). Legal representation is also not permitted unless both parties are represented during the meeting.

The State reserves the right to limit the number of correspondence/ communications recipients and meeting participants. Only those participants identified and invited by the State are permitted to participate in meetings regarding this procurement.

Joint Bids will not be accepted for this solicitation.

Bidders must agree to this provision by indicating such on Attachment 4, Administrative Requirements Checklist. Failure to agree to this provision may result in rejection of the Bidder’s Final Bid.

Bidder Declaration Form (M) For each Category being Bid, the Bidder must complete a separate Attachment 10: Bidder Declaration GSPD 05-105 and submit it with its Final Bid.

When completing the declaration, the Bidder must identify all Subcontractors proposed for participation in the Contract. Bidders awarded the Contract are contractually obligated to use the Subcontractors for the corresponding work identified, unless the State entity agrees to a substitution and it is incorporated, in writing. If the Bidder does not plan to use Subcontractors, the Bidder must nonetheless submit a completed Attachment 10: Bidder Declaration GSPD 05-105 with responses to all applicable questions.

Subcontractors Replacements (M) Nothing contained in the resulting Contract shall create any relationship between the State and any Subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations. The Contractor is fully responsible to the State for any acts and omissions of the Contractor’s Subcontractors and of persons either directly or indirectly employed by the Contractor.

Written approval of the CMO shall be required for the replacement of any Subcontractor. Requests to replace any Subcontractor shall comply with the following:

1. Validation that the replacement is a DGS certified Disabled Veteran Business Enterprise (DVBE) (see Section 3.25.2, Disabled Veteran Business Enterprise Program) as applicable; and, For Bidders that claim at least 25% California certified small business Subcontractor participation (see Section 3.25.3, Small Business Preference (O)), Bidders must provide substantiation that the Subcontractor is a named DGS certified small business, as applicable.

The Contractor shall not change any Subcontractor and/or any DVBE Subcontractor if such changes conflict with the work to be performed under this Contract. For DVBE Subcontractor changes, the Contractor shall utilize another DVBE Subcontractor. For DGS Small Business Subcontractor changes, the Contractor shall ensure that 25% of the revenue will be paid to the DGS Small Businesses if the Small Business preference was awarded based on 25% Subcontracting per Section 3.25.3, Small Business Preference (O).

The State recognizes that changes to Subcontractor(s) may be necessary and in the best interests of the State, however, advance notification of a contemplated change and the reasons for such change must be made to the State no less than seven business days prior to the existing Subcontractor’s termination. If this should occur, the Contractor should be aware that the State Contract Administrator or designee must approve any changes to the Subcontractor(s) prior to the termination of an existing Subcontractor agreement. This also includes any changes made between submittal of the Final Bid and actual start of the Contract.

The State will not compensate the Contractor for any of the Contractor’s time or effort to educate or otherwise make the new or replacement Subcontractor(s) ready to begin work on the Contract.

The Contractor’s obligation to pay its Subcontractors is an independent obligation from the State’s obligation to pay the Contractor. The Contractor is solely responsible for any payments to or claims made by Subcontractors.

Bidders must agree to this provision by indicating such on Attachment 4, Administrative Requirements Checklist. Failure to agree to this provision may result in rejection of the Bidder’s Final Bid.

Amendment (M) Any Contract executed as a result of this IFB may be amended, consistent with the terms and conditions of the Contract and by mutual consent of both parties (with the exception of exercised Contract Term options), subject to approval by the OSTP.

Bidders must agree to this provision by indicating such on Attachment 4, Administrative Requirements Checklist. Failure to agree to this provision may result in rejection of the Bidder’s Final Bid.

Financial Stability (M) The State must be assured the Bidder continues to have the financial resources to sustain its operations throughout the term of the Contract and any subsequent extensions.

In order to minimize the potential risk of default due to financial issues, all Bidders must assure the State that they have the financial resources to sustain their operations. Bidders are required to submit one of the items below to demonstrate adequate financial stability to perform the services required in this IFB:

1. A Line of Credit Letter; or, A Letter of Bondability If submitting a Line of Credit Letter, Bidder must present evidence of a Line of Credit, on issuing company letterhead, from an accredited financial institution identifying the average available balance in the twelve months prior to the IFB Final Bid due date. The value(s) required for a Line of Credit are listed below in Table 3-1.

If submitting a Letter of Bondability, Bidder must submit a single Letter of Bondability with the highest minimum dollar amount for Categories Bidder is competing as detailed in Table 3-1, Minimum Amounts by Category.

The Letter of Bondability shall be from an admitted surety insurer, which states that the Bidder is in good standing with that surety insurer, and indicates the length of time the Bidder has been in good standing. The Letter of Bondability shall state the general bonding limits the Bidder would be considered for and provide the financial strength rating of the surety insurer. The surety insurer must be listed on the Federal Circular 570 (T-listing), in the category of US dollars for Statewide Service Offerings.

The Letter of Bondability shall appear on the surety's letterhead and be signed by an authorized surety company representative. The Letter of Bondability shall include the following information at a minimum:

1. How long the bond company has provided bonding for the Contractor;

Surety's A.M. Best Company, INC., rating score;

Confirmation the bond company is on the U.S. Treasury approved list (T-Listed), and that the bond company is licensed in the State in which the work is to be performed;

Provides the single and aggregate bond limits the bond company will support the Contractor; and, Provides contact information of the bond agent for follow-up if the State has additional questions.

The values listed in the table below shall be used to determine the amount required for Bidder's Line of Credit or Letter of Bondability.

Table 3-1: Minimum Amounts by Category

Bidder shall submit the Financial Stability documents as an attachment to their Final Bid. The State reserves the right to require additional documentation to demonstrate Bidder's Financial Stability should the State determine the documents originally provided by the Bidder are insufficient for the State to validate financial stability. In addition to one of these items, the State may require additional evidence of financial stability from the Contractor at any time during the procurement or Contract term.

Bidder must attach its Financial Stability Documentation as Attachment 7 to its Final Bid.

Insurance Coverage (M) The State Entity may require the prime Contractor to furnish satisfactory evidence of insurance within ten…