0000030124_IFB_SCBA_Compressors_Addendum_2.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

INVITATION FOR BID

Self-Contained Breathing Apparatus (SCBA) Compressors EVENT ID 0000030124 *Addendum 2* 3/29/2024

BIDS ARE DUE BY: *05/01/2024* at 2:00 PM PST

RETURN BID TO:

CMU@dgs.ca.gov

Contract Reference Number (42-07) PD Reference Only Business Unit (BU): 77601

SCOPE

The State of California, the Department of General Services, Procurement Division (DGS-PD) (“the State”), issues this Invitation for Bid (IFB) to cover the requirements of the California Department of Forestry and Fire Protection (Cal Fire) for Self-Contained Breathing Apparatus (SCBA) Compressors. The contract resulting from this IFB will be mandatory for all State of California Departments (“State Departments”) and available for use by participating local governmental agencies. See PCC section 10298.

Cal Fire, State Departments, and local government agencies shall collectively be referred to herein as “the ordering agency”, unless noted specifically otherwise.

The term of any contract resulting from this IFB 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.

All equipment offered must be new and the latest model in current production. Used, shopworn, refurbished, demonstrator, prototype or discontinued models are not acceptable.

BIDDER’S CONFERENCE

A Bidders' Conference will be held, during which suppliers will be afforded the opportunity to meet with State personnel and discuss the content of the IFB and the procurement process. Suppliers are encouraged to attend the Bidders’ Conference, which will be held online in a video conference format via Microsoft Teams. Bidders are encouraged to submit questions to the Procurement Official prior to the Bidders’ Conference so that the State can address them during the conference. The State may accept oral questions during the conference and will make a reasonable attempt to provide answers prior to the conclusion of the conference. Oral answers given at the bidder’s conference are not binding on the State. Following the conference, the State will publish a Question and Answer set addressing all submitted questions, both written and oral. *The last day to submit questions is 04/25/2024 by 5:00pm PST.*

Bidder’s Conference log in information:

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”. See Public Contract Code (PCC) Sections 10298 and 10299 (b). Local government agencies do not include government entities from other states within the contiguous United States.

Local governmental agencies shall have the same rights and privileges as State Departments 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 1-19-42-07, for SCBA Compressors, is $2,371,849.00 over five (5) years.

METHOD OF AWARD

Award will be made on an "All or None" basis 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 IFB 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 IFB, 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 IFB 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 IFB 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 IFB document.

A written Notice of Intent to Protest the proposed award of this IFB 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 IFB. 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 IFB. See California Code of Regulations, Title 1, Section 1418.

RESPONSIBLE BIDDER

The State 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 IFB. Bidder Instructions are located at the following link: Bidder Instructions (rev 11/09/2011).

BIDDER QUESTIONS

This IFB addresses all requirements that Bidders must meet to be eligible for consideration. Bidders must carefully read the entire IFB, ask appropriate 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 *04/25/2024 by 5:00pm PST*. All questions and/or concerns shall be directed to Robert.Kitay@dgs.ca.gov.

ADDENDA

In the event that the IFB 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 DGSPD-451, Bidder Instructions (rev 11/09/2011) Section 3.b., IFB Addendum (Addenda).

PROCUREMENT OFFICIAL

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

Robert Kitay Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (279)946-8528 E-mail: Robert.Kitay@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.

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 6/21/2022) without addition or modification, except as explicitly set forth herein.

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 meet or exceed Attachment 2 – Specifications, entitled State of California Bid Specification Fixed Self-Contained Breathing Apparatus (SCBA) Compressor Units 4210-0301845_1, R0 (dated 2/13/2024).

TECHNICAL LITERATURE

Bidders are required to submit technical literature which should be annotated to specify the applicable page, brand, model, and Contract Line-Item Number (CLIN). Technical literature should be submitted with the bid response. If this documentation is not included in the bid response, Bidder shall provide it within five (5) days after request from the State. Failure to submit literature upon request will result in the bid being considered non-responsive.

INSTALLATION

The ordering agency shall ensure all public works related tasks have been completed prior to the Contractor delivering and securing the SCBA Compressor. The ordering agency and Contractor will mutually collaborate to identify all requirements (e.g., power, foundation) for installation at the specific field location.

Public works are NOT part of this contract.

The Contractor shall set/secure all SCBA Compressor units in place, render said units operational, and remove all dunnage at no cost to the ordering agency. At the time of installation, the Contractor shall ensure that the purchase order has been delivered in full. Additionally, at no cost to the Ordering Agency, the Contractor shall conduct all initial onsite tests required by California OSHA regulations to render the unit usable, including, but not limited to, air sample testing, Kunkle valve testing, and CO calibration.

The Contractor shall also, at no additional cost to the ordering agency, provide quality assurance signage for all breathing air systems by an accredited testing laboratory.

WARRANTY AND TECHNICAL SUPPORT & SERVICE

A. Warranty Equipment furnished for this solicitation shall operate satisfactorily and be free from any defects in materials and workmanship. Contractor shall bear all material, labor and transportation costs for repair of defects and failures occurring within the warranty period.

Equipment shall have a minimum warranty period of three (3) years (36 months) from the date of Acceptance (see Section 59, Inspection and Acceptance), at no cost to the ordering agency.

Any standard OEM warranties that exceed the minimum warranty requirements shall be made available to the ordering agency.

B. Warranty Technical Support & Service At no cost to the ordering agency, Warranty Technical Support and Service shall be provided by the Contractor to any location that has an onsite SCBA Compressor purchased through the contract resulting from this IFB.

Technicians shall be OEM certified and sufficiently trained to inspect, service and repair the OEM's SCBA Compressors. Upon request by the ordering agency, the Contractor shall identify the name(s) and qualifications of the technical support personnel to provide the requested service, within five (5) business days of the request for service by the ordering agency.

During the warranty period, service personnel and repair parts shall be readily available from the Contractor. Warranty replacement parts shall be made available to the ordering agency within seventy-two (72) hours from the date of the order, whether the order is made by telephone or in writing. Freight or transportation costs for warranted parts are the responsibility of the Contractor and the use of overnight delivery is required when a Compressor is out-of-service due to needed parts.

TRAINING

Contractor shall be a manufacturer authorized trainer permitted to provide technical instruction covering the proper use and maintenance of the SCBA Compressor and all associated parts.

Training shall take place onsite at various locations to be determined by the ordering agency.

This shall include initial training at the time of installation, and if purchased, additional end user training.

A. INITIAL TRAINING

Contractor shall provide initial manufacturer’s authorized technical training at each installation site of the SCBA Compressors of to up to ten (10) designated personnel of the ordering agency. This training shall cover the proper operation and maintenance of the SCBA Compressor and all associated parts and be provided at no cost to the ordering agency.

B. TRAINING MATERIALS

Contractor shall provide multimedia (print media and on-line access materials) educational materials for each SCBA Compressor type for each location at the time of delivery and installation. These materials should cover the proper use and maintenance of the SCBA Compressor, at minimum, and be provided at no cost to the ordering agency.

C. ADDITIONAL TRAINING

Bidder shall quote a fixed contract price per hour for all additional end user training as needed and requested by the State. The hourly rate shall be identified in Attachment 1 - Pricing Worksheet. Travel expenses for Additional Training shall be borne by the Contractor and are not to be charged to the Ordering Agency.

This end user training is not included under initial training requirements of this section.

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 sixteen (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 IFB.

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 sixteen (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.

PRICING STRUCTURE

Items available for purchase pursuant to this contract are categorized under two (2) main categories:

· Core Items:

Core items shall be available for purchase by the ordering agency at a fixed contract price as offered on Attachment 1 – Pricing Worksheet. The State reserves the right to eliminate any specific line item from the final award.

· Non-Core Items:

Noncore items shall be limited to items within the scope of the SCBA Compressors, component parts, and consumables that are not included as part of the core items identified in Attachment 1 – Pricing Worksheet. Non-core catalog items shall be available for purchase by the ordering agency at a single discount off catalog list price. The Contractor’s discount off list price (offered on Attachment 1 – Pricing Worksheet, Non-Core Catalog) will be applicable to all non-core catalog items purchased. After award, non-core items may be offered at a greater discount than the contract discount off list. Non-core items at a lower discount will not be considered.

Items outside of the scope of the IFB, and not contained in the list of core-items, or not within the non-core catalog, shall not be allowed to be purchased under the resulting contract.

Prior to award, the Contractor shall provide a hyperlink to the non-core catalog which shall be dated for version control purposes.

The Contractor shall update the non-core catalog in accordance with Section 46, Non-Core Catalog Pricing Adjustments and Appendices, to ensure the non-core catalog offerings are current and priced correctly

PRICING WORKSHEET

Attachment 1 – Pricing Worksheet contains the price sheet that the Bidders shall use to enter pricing/discounts for the IFB.

In order to be considered for award, all line items in Attachment 1 – Pricing Worksheet must be bid, as well as a discount percentage for non-core catalog items.

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 Worksheet 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 Worksheet:

· 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 Worksheet must be filled out completely or the bid may be rejected. Yellow cells are mandatory and must be completed. Modifying any other cell in the worksheet may disqualify the Bidder.

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

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

QUANTITIES

The quantities shown in Attachment 1 – Pricing Worksheet, are representative and 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 3 – 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 3 – Narrative Response. Attachment 3 - Narrative Response shall be included with the bid.

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 3 – 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 SCBA Compressors, Consumables, Training, and Warranty Repairs, and can handle the anticipated spend for this IFB.

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 SCBA Compressors and consumables) to that requested in this IFB

· In total, must be valued at or above $150,000.00. 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 ten (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.

AUTHORIZED RESELLER

If the Bidder is not the Original Equipment Manufacturer (OEM) of the product being proposed, the Bidder must provide, on OEM company letterhead and signed by an authorized OEM representative, documentation identifying the Bidder as an authorized OEM reseller.

The Authorized Reseller letter should be submitted with the bid response. If this document is not included in the bid response, Bidder shall provide it within five (5) days after request from the State. Failure to submit required information may result in the bid being considered non-responsive. The State has the option to follow-up and verify any Authorized Reseller letter.

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.

SOCIOECONOMIC PROGRAMS

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

This IFB 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 3 – 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 3 – 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 3 – 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 3 – Narrative Response.

Target Area Contract Preference Act (TACPA) Preference This IFB 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 preference program forms (Standard Form 830, Bidder’s Summary form, and Manufacturer’s Summary) to be considered for a preference.

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 (1) 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 3, Narrative Response, in accordance with Section 34, 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 3 – 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 (https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx) 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 3 - 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 attached 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.

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 Deliquent Taxpayers

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INSURANCE REQUIREMENTS

The Contractor must maintain in force applicable insurance in accordance with the Non-IT/IT General Provisions (rev 6/21/2022), Article 20/21 entitled “Insurance.” Contractor shall furnish an insurance certificate evidencing required insurance coverage acceptable to the State within five (5) working days of request.

PRODUCT SUBSTITUIONS

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 General Provisions (rev 6/21/2022), Article 15/16 entitled “Substitutions”.

1. TECHNOLOGY REFRESH

The State expects product updates periodically as technology changes. This would only apply to a product being discontinued. Products being updated must be approved by the DGS-PD Contract Administrator.

Contractor is required to:

1. Support this effort throughout the life of the resulting contract.

2. Maintain the government discounts for the individual products at the levels set forth in the contract, even as configurations evolve.

For a refresh, the Contractor will be required to:

1. Submit information regarding the item to be refreshed (e.g., item, specifications of the item).

2. Submit pricing for the new item.

3. Submit any indices/catalogs showing the list price of the item.

CORE ITEM PRICE ADJUSTMENTS

All Core Item prices shall be firm fixed for the contract term, including any optional year extensions, unless a price adjustment is granted by DGS pursuant to the following conditions.

Frequency/Guidelines:

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

1. Price adjustments will not be made during the first twelve (12) months of the contract or within twelve (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 PCU33912333912 has increased no less than three (3) 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 and submitted to the DGS Contract Administrator for consideration. 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 copy of the appropriate documentation identified above illustrating the relevant percent increase/decrease in 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.

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/index will be the accepted PPI/index at the time of the last approved price increase request.

0. Upon receipt of a price increase request, the State reserves the right to 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 2c or 2d with an effective date no later than ten (10) working days after unsuccessful negotiation.

NON-CORE CATALOG PRICING ADJUSTMENTS AND APPENDICES

Contractor may request to have the latest commercially available non-core catalog become the new basis of prices no sooner than twelve (12) months after contract award or twelve (12) months after the last approved non-core catalog price change.

Any item offered by the Contractor to the ordering agency that is not in the commercially available non-core catalog must be included in an appendix to the catalog. An updated appendix shall be provided to the State on a quarterly basis to reflect additional items to the catalog through the contract year. Additional items shall be reviewed and approved by the State Contract Administrator prior to inclusion to the non-core catalog. Additional items and their catalog list prices added to the appendix will become part of the catalog.

All discounts for the non-core products will remain fixed for the entire term of the contract.

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

There is no minimum order for this contract.

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…