00._IFB_24-3009_incorporating_addendum_1.pdf

April 26, 2024

ON-SITE CONFIDENTIAL MATERIAL SHREDDING

SERVICE FOR STATEWIDE LOCATIONS

INVITATION FOR BID IFB 24-3009

Notice to Prospective Bidders

The California Department of Social Services (CDSS) invites you to review and respond to this Invitation for Bid (IFB), entitled IFB 24-3009, On-Site Confidential Material Shredding Services for Statewide Locations. By submitting a bid, you must comply with the instructions found herein.

Note that all agreements entered into with the State of California shall include by reference General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded from the Department of General Services Office of Legal Services website.

Public Contract Code (PCC) Section 10115 et seq. establishes a contract participation goal of at least three percent (3%) for Disabled Veteran Business Enterprises (DVBE).

This goal applies to a state agency's overall contracting program. State agencies have the discretion to apply the DVBE participation goal to individual contracts. The Department elects to waive the DVBE program requirements in this solicitation but opts to include the DVBE incentive.

The final date for bid submission is May 17, 2024 by 4:30 P.M. Pacific Time (PT).

Responses to this IFB and any required copies must be submitted by email to the department contact noted below:

Scott Wilkinson, Contracts Analyst Scott.Wilkinson@dss.ca.gov

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Sincerely, Daniel Schott, Staff Services Manager II Non-IT Contracts Bureau

IFB 24-3009 Page 2 of 22 California Department of Social Services

Table of Contents

A. Purpose and Description of Services B. Bidder Minimum Qualifications C. Bid Requirements and Information

1. Key Action Dates

2. Agreement Term

3. Bidder Questions

4. Subcontractors

5. Submission of Bid

6. Evaluation and Selection

7. Award and Protest

8. Insurance Requirements

9. Disposition of Bids

10. Agreement Execution and Performance

11. Small Business Enterprise (SBE)

12. Disabled Veteran Business Enterprise (DVBE)

Participation Program Requirements

13. Declaration Forms

14. Payee Data Record, STD 204……………………………………… 20

15. Commercially Useful Function Questionnaire

16. Darfur Contracting Act

17. California Civil Rights Laws Certification ……………….………… 21

18. Iran Contracting Act………… …………………………………………..21

19. Contractor Certification Clause…………………………………………22

20. General Artificial Intelligence (GEN AI) Disclosure…………………..22

Attachments and Exhibits Attachment 1 – Required Attachment Checklist Attachment 2 – Bid/Bidder Certification Attachment 3 – Cost Sheet Attachment 4 – Bidder References Attachment 5 – Subcontractor References (If applicable) Attachment 6 – Bidder Declaration (GSPD-05-105) Attachment 7 – Disabled Veteran Business Enterprise Declarations (STD 843) Attachment 8 – DVBE Subcontractor Agreement Attachment 9 – Commercially Useful Function Questionnaire Attachment 10 – Darfur Contracting Act Commercially Attachment 11 – California Civil Rights Laws Certification Attachment 12 – Payee Data Record STD 204 Attachment 13 – Minimum Qualifications Certification Attachment 14 – Iran Contracting Act Verification Form, DGS OLS 04 Attachment 15 – Contractor Certification Clause, CCC 04/2017 Attachment 16 – General Artificial Intelligence Disclosure and Factsheet (STD 1000)

IFB 24-3009 Page 3 of 22

Exhibit 1 – DVBE Program Requirements Exhibit 2 – Sample Agreement

IFB 24-3009 Page 4 of 22

A. Purpose and Description of Services

Bidders shall provide to the California Department of Social Services (CDSS) all labor, materials, and equipment necessary to provide on-site witnessed shredding service of confidential materials at the CDSS’ locations statewide. Refer to Exhibit 2, Sample Agreement - Exhibit A, Scope of Work and Exhibit A, Attachment 1, Northern, Central, Southern Region Locations, for a complete description of services.

B. Bidder Minimum Qualifications

Bidders must complete and return Attachment 13, Minimum Qualifications Certification, certifying that the Bidder satisfies the Minimum Qualifications and requirements. Please include an explanation of how each applicable Minimum Qualification is met. This form mush be signed by an individual who is authorized to bind the bidder contractually. Failure to submit this form may cause the bid to be rejected.

1. Bidder must submit, with the bid, a list of at least three business references that includes current and/or former paying clients for whom bidder has provided services similar to those required herein within the last five (5) years.

References may be contacted by the CDSS to validate the information provided by the bidder to determine the client’s overall satisfaction with the services provided. Bidder is responsible for notifying their references that CDSS may contact them for reference and performance information. CDSS shall contact references during normal business hours, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. PT. If references cannot be reached, the bid may be deemed non-responsive and rejected. If references obtained are not favorable, the CDSS may reject the bid. Refer to Attachment 4, Bidder References. Note: If bidder has been awarded an agreement greater than $10,000.00 with CDSS within the last five years, reference to this agreement must be utilized as one of the three required business references.

2. Bidder and all subcontractors must possess and provide services with an enclosed, truck-mounted, industrial shredder, which has its own power source and shall be able to provide full service regardless of weather conditions.

Bidder’s truck-mounted industrial shredder must be able to shred a minimum of 3,000 lbs. of material per hour. At the time of bidding:

a. Bidder must submit a picture of the vehicle which is to be used in the performance of the resulting Agreement, showing the license plate, at the time of bidding.

b. Bidder must supply documentation proving their shredder can shred a minimum of 3,000 lbs. per hour.

IFB 24-3009 Page 5 of 22

c. All subcontractors utilized in this bid must submit a picture of the vehicle which is to be used in the performance of the resulting Agreement, showing the license plate.

d. All subcontractors utilized in this bid must supply documentation proving their shredder can shred a minimum of 3,000 lbs. per hour.

3. Bidder and all subcontractors must possess a back-up industrial shredder for immediate use in case the primary 3,000 lb. per hour shredder becomes temporarily inoperable. If a single 3,000 lb. shredder is not available, multiple shredders combined that are able to meet the minimum requirements of 3,000 lbs. per hour may be used for the purpose of the backup shredder(s) only. At time of bidding:

a. Bidder must submit a picture of the backup vehicle(s) which is to be used in the performance of the resulting Agreement, showing the license plate(s).

b. Bidder must supply documentation proving their backup shredder(s) can shred a minimum of 3,000 lbs. per hour.

c. All subcontractors utilized in this bid must submit a picture of the backup vehicle(s) which is to be used in the performance of the resulting Agreement, showing the license plate(s).

d. All subcontractors utilized in this bid must supply documentation proving their backup shredder(s) can shred a minimum of 3,000 lbs. per hour.

4. Bidder must submit a copy of current registration of the vehicle(s), no later than the start of the contract, which is to be used in the performance of the resulting Agreement.

5. Bidder must provide a description of the cargo capacity which includes: a) the maximum weight limit, and b) the length, height, and width of the storage area.

6. If vehicles to be used for the proposed Agreement are leased, a copy of the lease agreement and photographs of vehicles must be included with bid submission.

7. Bidder must possess a valid California Department of Motor Vehicle issued Motor carrier Permit authorizing transportation of property for hire by motor vehicle and operate within the scope of the permit. Permit must be in good standing at the time of bid submission and during the term of the agreement. Bidder must submit a copy of Motor Carrier Permit with bid.

8. Bidder shall have the appropriate business license for the city or county of primary business location.

IFB 24-3009 Page 6 of 22

9. Bidder’s corporation must be in good standing and qualified to conduct business in California as verified by the Secretary of State's website:

http://www.sos.ca.gov/business/.

10. Bidder shall ensure that each driver connected with performance of this agreement shall have a valid and appropriate California Driver’s License.

C. Bid Requirements and Information

1. Key Action Dates

Event Date Time

IFB Available to Prospective Bidders April 26, 2024

Final Due date for Questions Regarding IFB May 10, 2024 4:30 P.M.

(Submit all questions via email to Scott.Wilkinson@dss.ca.gov)

Final Date for Bid Submission May 17, 2024 4:30 P.M.

Proposed Notice of Intent to Award May 24. 2024

Proposed Start Date of Agreement July 01, 2024

2. Agreement Term

The anticipated term of the resulting Agreement is July 1, 2024 or upon approval by the California Department of General Services, whichever is later, through June 30, 2027. The State may, at its discretion, exercise the option to extend the term of the Agreement for a period not to exceed twelve (12) months and/or add funds to complete the identified tasks at the originally agreed upon service rate(s). The date of Agreement approval by the State, however, shall be the governing factor as to the date of commencement. Should performance commence before the Agreement is approved, such services may be considered voluntary.

3. Bidder Questions

Questions related to this IFB shall be submitted in an email by bidders to Scott.Wilkinson@dss.ca.gov no later than 4:30 PM, May 10, 2024. The State shall summarize all questions and post the summary and response document to the Cal eProcure website (https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx), as a document titled “Questions and Answers to IFB 24-3009.” The State reserves the right to modify or withdraw the IFB, in part or in entirety.

Changes shall be announced by addendum and shall be posted to the Cal eProcure website. Oral communications concerning this IFB shall not be binding on the State and shall in no way excuse the bidder of any obligations set forth in

IFB 24-3009 Page 7 of 22 the IFB.

Bidders may contact ONLY the individual identified above and shall not contact other State personnel via email, telephone, meetings, conferences, or discussions related to this IFB. If budders are discovered to have contacted other CDSS personnel, CDSS may reject their proposal.

Include the following information in your inquiry:

a. Your name, name of your firm, mailing address, area code and telephone number and email address

b. A description of the subject issue in question or discrepancy found

c. IFB section, page number or other information useful in identifying the specific problem or issue in question

d. Remedy sought, if any

4. Subcontractors

a. Any subcontractor that the bidder chooses to use in fulfilling the requirements of this IFB must also meet all the requisites of this IFB including the minimum qualifications and insurance requirements. Subcontractor may not perform more than 49% of the required services. If bidder proposes the use of a subcontractor, the bidder must also submit a list of references, Attachment 5

– Subcontractor References, on behalf of the subcontractor. Note: if proposed subcontractor has been awarded a contract greater than $10,000 with CDSS within the last five (5) years, a reference from that CDSS contract must be utilized as one (1) of the three (3) requested business references.

b. Bidder must submit for the proposed subcontractor the required documentation, name(s) of people or firm(s), qualifications of the proposed subcontractor, and specify the type of work the proposed subcontractor shall be performing, Attachment 6, Bidder Declaration form GSPD-05-105.

c. For any DVBE subcontractor, in addition to section a. above, bidder must submit a completed DVBE Subcontractor Agreement – Attachment 8, for each DVBE subcontractor identified in their bid. Only the bidder shall fill out this Agreement and either mail, fax, or email the Agreement to the selected DVBE(s) for signature.

d. Bidder may not substitute any proposed subcontractor without advance written consent of the CDSS.

e. Nothing contained in the Agreement or otherwise shall create any contractual relationship between CDSS and any subcontractors, and no subcontractor

IFB 24-3009 Page 8 of 22 shall relieve the Contractor of its responsibilities and obligations hereunder.

The Contactor agrees to be fully responsible to CDSS for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the obligation of CDSS to make payments to the Contractor. As a result, CDSS shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

f. The bidder shall be responsible for all work performed under this contract. If any subcontractor fails to perform a portion of the work in a manner satisfactory to CDSS, such subcontractor shall be removed immediately upon written request of CDSS and shall not be re-employed in the work.

5. Submission of Bid

a. All documents must be electronically submitted and received by the CDSS contact identified below by the date and time shown in Section C, 1. Key Action Dates. The email must be plainly marked with the IFB number and title and your firm’s name, as shown in the example below:

Email: ScottWilkinson@dss.ca.gov Subject: IFB 242-3009 On-Site Confidential Material Shredding Service for

Statewide Locations, Firm Name, 1 of [XX]

b. If the documents are too large to fit in one (1) email, CDSS will accept multiple smaller emails in order for all documents to be submitted. If submitting in multiple emails, number the emails in the format of “1 of _” so CDSS is aware of how many emails to expect.

c. If submitting via multiple emails, submission of all documents must be received by the CDSS by the date and time shown in Section C, 1. Key Action Dates.

d. All bids must be electronically submitted and received by the CDSS contact below by the date shown in Section C, 1., Key Action Dates. The email must be plainly marked with the IFB number and title, your firm’s name and address.

e. Bidders may contact ONLY the individual identified above and shall not contact other CDSS personnel for meetings, conferences or technical discussion related to this IFB. No questions may be answered by other CDSS staff. If bidders are discovered to have contacted other CDSS personnel, CDSS may reject their bid.

IFB 24-3009 Page 9 of 22

f. Bid Opening: The Preliminary Bid Tabulation shall be made available through a posting to the IFB even on Cal eProcure after bid opening completion on the date and time listed in Section C, 1., Key Action Dates.

g. All bids shall include the documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

h. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

i. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications shall not be considered and shall cause a bid to be rejected.

j. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The CDSS may reject any or all bids and may waive any immaterial deviation in a bid. The CDSS waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

k. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

l. An individual who is authorized to bind the bidding firm contractually shall sign Attachment 2, Bid/Bidder Certification. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

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

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

o. CDSS may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum, which will be posted on Cal eProcure.

IFB 24-3009 Page 10 of 22

p. CDSS reserves the right to reject all bids. CDSS is not required to award an agreement.

q. Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.

r. The State does not accept alternate Agreement language form a Bidder. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

s. No oral understanding or agreement shall be binding on either party.

6. Evaluation and Selection

a. One (1), two (2), three (3), or no bids may be awarded as a result of this IFB.

b. At the time of bid opening, each bid shall be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

c. The CDSS shall evaluate each bid to determine its responsiveness to the published requirements.

d. Bids that contain false or misleading statements, or (if applicable) which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the CDSS, such information was intended to mislead the CDSS in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it shall be the basis for rejection of the bid.

e. The final selection shall be made on the basis of the lowest responsive responsible bidder as indicated in Attachment 3, Cost Sheet. In the event there are tie bids by more than one responsive responsible bidder, each bidder shall be contacted by the CDSS contact person regarding a date and time for a flip of a coin. The bidder whose bid was received first shall make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin. Bidders may bid on one (1), two (2), or three

(3) Regions (Northern, Central, Southern). However, bidders must provide all services for within each Region.

f. Award if made, shall be to the lowest responsive, responsible bidder for each Regional Area. The small business preference shall be applied in accordance with Section 11 of this IFB.

IFB 24-3009 Page 11 of 22

g. At the CDSS’ option, prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

h. The winning bidder may be required to submit evidence that they have available sufficient resources to meet the requirements in this IFB.

i. CDSS shall send bidders written notification of contract award.

7. Award and Protest

a. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) working days prior to the award of the agreement.

b. Upon written request by any Bidder, notice of the proposed award shall be posted at least five (5) working days prior to awarding the Agreement.

c. If any Bidder, prior to the award of agreement, files a written protest with the Department of General Services (DGS), Office of Legal Services, and the CDSS on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the Agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter. Within five (5) calendar days after filing the initial protest, the protesting bidder shall file with DGS and the CDSS a detailed, written statement of protest, including the IFB number, the name of the State agency involved, the agency contact person, and must be submitted to both of the following:

Department of General Services Office of Legal Services 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Attention: Protest Coordinator Email: OLSProtests@dgs.ca.gov

AND

California Department of Social Services Non-IT Contracts Bureau 744 P Street, M.S. 9-6-747 Sacramento, CA 95814 Attention: Marissa Enos Email: marissa.enos@dss.ca.gov

IFB 24-3009 Page 12 of 22

Protests may be sent by email, regular mail, courier, or personal delivery.

Protestants should include their email address if they have one.

8. Insurance Requirements

Within five (5) days of the tentative award of the agreement or before work under the Agreement begins, Contractor shall furnish to the State of California, Department of Social Services, at his/her own expense, a certificate of insurance, see Exhibit 2, Sample Agreement, Exhibit E – Additional Provisions for a complete list of insurance requirements. Contractor shall maintain the following insurance coverage:

a. Commercial General Liability – Awarded Bidder shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the awarded Bidder’s limit of liability.

The policy must include California Department of Social Services, State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the Agreement.

This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. In the case of awarded Bidder’s utilization of subcontractors to complete the contracted scope of work, awarded Bidder shall include all subcontractors as insureds under awarded Bidder’s insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of awarded Bidder.

b. Automobile Liability – Awarded Bidder shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

The policy must be endorsed to include the State of California, its officers, agents, employees and servants as additional insured, but only with respect to work performed under the Agreement. The additional insured endorsement is to be provided with the certificate of insurance.

c. Workers Compensation and Employers Liability – Awarded Bidder shall maintain statutory worker’s compensation and employer’s liability coverage

IFB 24-3009 Page 13 of 22 for all its employees who shall be engaged in the performance of the Agreement. Employer’s liability limits of $1,000,000 are required.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the State. The waiver of subrogation endorsement is to be provided with the certificate of insurance.

d. Certificates evidencing Contractor's insurance coverage shall be filed with CDSS prior to execution of this Agreement.

e. Awarded bidder shall email the Certificates(s) of Insurance to the State at Scott.Wilkinson@dss.ca.gov.

f. General Provisions Applying to All Insurance Policies

1) Coverage Term – Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by CDSS at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the Agreement.

2) Policy Cancellation/Termination & Notice of Non-Renewal – Awarded

Bidder shall provide to the State within five business days a copy of any notice of Cancellation/Termination or Non-renewal received by contractor for any of the required insurance policies. In the event awarded Bidder fails to keep in effect at all times the specified insurance coverage, CDSS may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

3) Deductible – Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

4) Primary Clause – Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State.

5) Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the awarded Bidder is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

6) Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

IFB 24-3009 Page 14 of 22

7) Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligations under the Agreement.

9. Disposition of Bids

a. Upon bid opening, all documents submitted in response to this IFB shall become the property of the State of California and shall be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

b. Bid packages may be returned only at the bidder's expense, unless such expense is waived by CDSS.

10. Agreement Execution and Performance

a. Performance shall start not later than five (5) days, or on the express date set by the CDSS and the awarded Bidder(s), after all approvals have been obtained and the Agreement is fully executed. Should the awarded Bidder(s) fail to commence work at the agreed upon time, the CDSS, upon five (5) days written notice to the awarded Bidder(s) reserves the right to terminate the Agreement. In addition, the awarded Bidder(s) shall be liable to the State for the difference between the awarded Bidder’s bid price and the actual cost of performing work by the second lowest bidder or by another bidder.

b. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

11. Small Business Enterprise (SBE)

a. Small Business Regulations: The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 9/09/04. The new regulations can be viewed at http://www.dgs.ca.gov/pd. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services at (916) 375-4940.

b. Non-Small Business Subcontractor Preference: A 5% bid preference is now available to a non-small business claiming 25% California certified small business subcontractor participation.

IFB 24-3009 Page 15 of 22

c. Small Business Nonprofit Veteran Service Agencies (SB/NVSA): SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference.

d. Attachment with Bid Required if Claiming the Small Business Preference:

All bidders must complete and include the Bidder Declaration form GSPD-05-105, Attachment 6. If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price. All certified small businesses must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

e. Small Business Certification: Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses. 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. on the bid due date, and the OSDS must be able to approve the application as submitted. Small business nonprofit veteran service agencies (SB/NVSA) 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.

12. Disabled Veteran Business Enterprise (DVBE) Participation Program

Requirements

a. Subject to exceptions in the GC and pursuant to regulations, State la requires awarding agencies to have an annual participation goal of three percent (3%) for disabled veteran-owned business enterprises.

DVBE participation for this solicitation is 3%

b. Introduction

(1) Bidder must document the goals in this bid to comply with this solicitation’s DVBE program requirements. Bids that fail to fully document the DVBE program requirements shall be considered non-responsive and ineligible for award

(2) All information submitted by the intended awardee to comply with this

IFB 24-3009 Page 16 of 22 solicitation’s DVBE requirements will be verified by CDSS. If evidence of an alleged violation is found during the verification process, CDSS shall initiate an investigation with this information in accordance with the requirements of the Public Contract code (PCC) Section 10115 et seq., MVC Section 999 et seq., and follow the investigatory procedures required by CCR, Title 2, Division 2, Chapter , Subchapter 10.5, Section 1896.80.

(3) Only DVBEs certified by DGS OSDS who perform a commercially useful function (CUF) relevant to this solicitation may be used to satisfy the DVBE requirements. The criteria for performing a CUF are indicated in Section 12 d Commercially Useful Function (CUF) Definition, MVC, Section 999(b)(5)(B), and CCR, Title 2, Division, Chapter 3, Subchapter 10.5, Section 1896.61 (l). Bidders must verify each DVBE subcontractor’s/supplier’s certification with DGS OSDS to ensure DVBE eligibility.

c. Resources and Information

For assistance in preparing a responsive DVBE participation document, please contact CDSS’s DVBE Advocate at (916) 657-3784 regarding this solicitation. To locate certified DVBEs and obtain additional information regarding the DVBE program, please refer to Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) or contact OSDS by telephone at (916) 375-4940.

d. Commercially Useful Function (CUF) Definition

(1) The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements (CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.61(f)), is certified in accordance with CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.70, and provides services or goods that contribute to the fulfillment of the contract requirements by performing a CUF (MVC, Section 999(b)(5)(B) and CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.61(l)). A DVBE contractor, subcontractor, or supplier is considered performing a CUF when it meets the following criteria:

(a) The business concern is: responsible for the execution of a distinct element of the work of the contract; carrying out its obligation by actually performing, managing, or supervising the work involved;

IFB 24-3009 Page 17 of 22 performs work that is normal for its business services and functions;

and is responsible with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

AND

(b) The business concern is not further subcontracting a greater portion of the work than would be expected by normal industry practices.

e. Commitment

(1) Non-DVBE Bidder

Commit to using certified DVBE(s) for at least three percent (3%) of the contract bid amount.

(a) Non-DVBE Bidder must document the DVBE participation commitment by completing and submitting all the following documents with their bid:

1) Attachment 6, Bidder Declaration, GSPD-05-105, included in this solicitation. Failure to complete and submit Attachment 6, Bidder Declaration, GSPD-05-105 may render your bid non-responsive.

2) Attachment 8, DVBE Subcontractor Agreement, included in this solicitation. Bidder shall submit a completed DVBE Subcontractor Agreement for each DVBE subcontractor identified in their bid. Only the bidder shall fill out this Agreement and wither mail, fax, or email the Agreement to the selected DVBE(s) for signature. Failure to submit an Attachment 8, DVBE Subcontractor Agreement for each DVBE subcontractor identified may render your bid non-responsive. Each DVBE Subcontractors Agreement shall include:

the term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, the percentage of the entire contract that will be awarded to the DVBE (minimum three percent [3%] unless otherwise specified within this solicitation), and the description of services and/or goods to be performed/supplied by the DVBE subcontractor.

If further verification is necessary, the state will obtain additional information to verify the above requirements.

IFB 24-3009 Page 18 of 22

3) Proof of DVBE certification for each DVBE subcontractor identified on the Attachment 6, Bidder Declaration, GSPD-05-105 via a printout from DGS OSDS Cal eProcure website.

(2) Certified DVBE Bidder

Commit to performing at least three percent (3%) of the contract bid amount with the prime bidder’s firm or in combination with other DVBE(s).

(a) Certified DVBE bidder must document the DVBE participation commitment by completing and submitting all of the following documents with their bid.

1) Attachment 6, Bidder Declaration, GSPD-05-105, included in this solicitation. Failure to complete and submit Attachment 6, Bidder Declaration, GSPD-05-105 may render your bid non-responsive.

2) Attachment 7, DVBE Declarations, DGS PD 843, included in this solicitation. Failure to complete and submit Attachment 7, DVBE Declarations, DGS PD 843 may render your bid non-responsive.

3) Attachment 8, DVBE Subcontractor Agreement, included in this solicitation (only applicable if you intend to utilize a DVBE subcontractor). Bidder shall submit a completed DVBE Subcontractor Agreement for each DVBE subcontractor identified in their bid. Only the bidder shall fill out this Agreement and either mail, fax, or email the Agreement to the selected DVBE(s) for signature.

Failure to submit an Attachment 8, DVBE Subcontractor Agreement for each DVBE subcontractor identified may render your bid non-responsive. Each DVBE Subcontractor Agreement will include: the term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, the percentage of the entire contract that will be awarded to the DVBE (minimum three percent [3%] unless otherwise specified within this solicitation), and the description of services and/or goods to be performed/supplied by the DVBE subcontractor.

If further verification is necessary, the state will obtain additional information to verify the above requirements.

4) Proof of DVBE certification via a printout from DGS OSDS Cal eProcure website.

IFB 24-3009 Page 19 of 22

f. Replacement of DVBE Subcontractor(s)

Bidder understands and agrees that should award of the contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid, per MVC Section 999.5 €, a DVBE subcontractor may only be replace by another DVBE subcontractor and must be approved by DGS. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the contractor’s bid and approved DVBE substitutions will be document via a contract amendment.

Failure of contractor to seek a substitution and adhere to the DVBE participation level identified in their bid may be cause for contract termination, recovery of damages under rights and remedies due to the CDSS, and penalties outlined in MVC Section 999.9, and PCC Section 10115 10, or PCC Section 4110 (applies to public works only).

g. DVBE Participation Reporting Requirements

If for the contract, the awarded contractor makes a commitment to achieve DVBE participation, then the awarded contractor must, within 60 days of receiving final payment under the contract (or within such other time period as may be specified elsewhere in the contract), certify the following in a report to CDSS: (1) the total dollar amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the total dollar amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (MVC Section

999.5 (d)).

h. For more information about the DVBE incentive refer to Exhibit 1, DVBE Program Requirements.

i. In accordance with Senate Bill 588, effective January 1, 2021, the Department shall withhold $10,000, or full payment if it is less than $10,000 from the final payment on a contract until that certification is received by the awarding department within 60 calendar days after the expiration date of the Agreement. If the Contractor fails to meet those certification requirements, the Contractor may be granted 15 to 30 calendar days to cure the defect. If the Contractor does not comply with the requirement, the awarding department

IFB 24-3009 Page 20 of 22 shall permanently deduct $10,000 from the final payment, or the full payment if it is less than $10,000 from a contract with the Contractor who does comply with those requirements within the specified period.

13. Declaration Forms

a. All bidders must complete the Bidder Declaration GSPD-05-105, Attachment 6, and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the Agreement. Bidders awarded the Agreement are contractually obligated to use the subcontractors for the corresponding work identified unless CDSS agrees to a substitution and it is incorporated by amendment to the Agreement.

b. Bidders 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 form(s) STD.

843 (Disabled Veteran Business Enterprise Declaration), Attachment 7. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy at the following website:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf. The completed form should be included with the bid response.

c. At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

14. Payee Data Record, STD 204

Bidder must complete and return Attachment 12, Payee Data Record, STD 204 to indicate the full business name as it should be reflected on the proposed Agreement (if awarded). If the Bidder is using a Doing Business As (DBA) name, this name should also be reflected in Attachment 12, Payee Data Record, STD

204. This form must be signed by an individual who is authorized to sign Attachment 12, Payee Data Record, STD 204 on behalf of the bidder.

15. Commercially Useful Function Questionnaire

The Department of General Services (DGS), Procurement Division (PD), is the entity responsible for statewide implementation of Small Business/DVBE program regulations resulting from legislative mandates passed into law. Under Government Code and Military and Veterans Code any California certified Small (SB), Micro (MB) or Disabled Veteran Business Enterprise (DVBE) Suppliers

IFB 24-3009 Page 21 of 22 doing business with the state must perform a Commercially Useful Function (CUF). Subsequently, each department’s buyer is held responsible for its CUF compliance procedures and evaluation of a bidder’s activities in response to department solicitations. This applies to Suppliers responding to the department’s solicitations whether prime or subcontractor. CUF must be established prior to making final agreement or purchase order award.

All SB and DVBE applicants must include the completed Commercially Useful Function (CUF) form, Attachment 9, with their submittal.

16. Darfur Contracting Act

All bidders must address the requirements of the Darfur Contracting Act of 2008 for the reason described in Public Contract Code section 10475 through 10481.

Refer to Attachment 10. Any scrutinized companies are ineligible to, and cannot, bid on or submitted by scrutinized companies if permission is obtained first from the Department of General Services according to the criteria set forth in Public Contract Code section 10477(b).

17. California Civil Rights Laws Certification

Prior to bidding on, submitting a proposal or executing an agreement or renewal for a State of California contract over $100,000 on or after January 1, 2017, the bidder or proposer must certify compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code), Attachment 11, California Civil Rights Laws Certification; and if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

18. Iran Contracting Act

Prior to bidding on, submitting a proposal, or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must complete Attachment X, Iran Contracting Act Verification Form, DGS PD 3 and either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by DGS pursuant to PCC Section 2202(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in IRAN created by DGS; or b) demonstrate it has been exempted from the certification

IFB 24-3009 Page 22 of 22 requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

19. Contractor Certification Clause

Bidder must submit with bid, a completed Attachment 15, Contractor Certification Clause, CCC 04/2017, signed by an authorized individual to legally bind the prospective Bidder to the clauses listed within the certification.

20. General Artificial Intelligence (GEN AI) Disclosure

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet, STD 1000 to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, 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.