0820-0000035332_IFB_UPS_Batteries_v1.pdf

Procurement Division, One Time Acquisitions | State of California | California Government Operations Agency 707 Third Street, 2nd Floor | West Sacramento, CA 95605 | (916) 376-5000 | www.dgs.ca.gov

Governor Gavin Newsom

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

INVITATION FOR BID (IFB)

APC Uninterruptible Power Supply (UPS) batteries

EVENT ID 0000035332

May 6, 2025

BIDS ARE DUE BY: May 22th, 2025 at 10:00 AM PT

RETURN BID TO:

OTA@dgs.ca.gov

Procurement Official:

Phebe Lapinig Procurement Division

One-Time Acquisitions Unit 707 Third Street, Second Floor West Sacramento, CA 95605

Email:Phebe.Lapinig@dgs.ca.gov Telephone: (279) 799-3944 mailto:OTA@dgs.ca.gov mailto:Phebe.Lapinig@dgs.ca.gov

Procurement Division, One Time Acquisitions | State of California | California Government Operations Agency 707 Third Street, 2nd Floor | West Sacramento, CA 95605 | (916) 376-5000 | www.dgs.ca.gov

Governor Gavin Newsom

IMPORTANT NOTICE TO ALL BIDDERS

This solicitation/acquisition is being conducted under Public Contract Code § 12125, et seq., the Alternative Protest Process.

Submission of a bid constitutes consent of the bidder for participation in the Alternative Protest Process.

Any protests filed in relation to the proposed contract award shall be conducted under the procedures in this document for the Alternative Protest Process.

Any bidder wishing to protest the proposed award of this solicitation must submit a written Notice of Intent to Protest (facsimile acceptable) to the Coordinator before the close of business on the last day of the protest period, which will be established in the Notice of Intent to Award. Failure to submit a timely, written Notice of Intent to Protest waives the bidder’s right to protest.

Alternative Protest Process Coordinator/Support Services

Department of General Services Procurement Division

Purchasing Authority Management Section 707 Third Street, 2nd Floor South

West Sacramento, CA 95605 Voice: 916 / 375-4587 Fax: 916 / 376-6226

Department of General Services APC Uninterruptible Power Supply (UPS) Batteries Procurement Division BU 0820 Event ID 0000035332

A. AGREEMENT COVER LETTER AND CONTRACT PROVISIONS

B. COST WORKSHEET

C. NARRATIVE RESPONSE

D. SELLER’S PERMIT AND SECRETARY OF STATE

E. DECLARATION FORMS

F. PAYEE DATA RECORD

G. POSTCONSUMER-CONTENT CERTIFICATION

H. DARFUR CONTRACTING ACT

I. CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

J. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI)

A. Disabled Veteran Business Enterprise (DVBE) Program Requirements and DVBE Incentive ... 11 B. DVBE Incentive C. Small Business Preference D. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) E. Non-Small Business Subcontractor Preference F. Target Area Contract Preference Act (TACPA) Preference G. SB/DVBE Reporting Requirements

SCOPE

This Invitation for Bid (IFB) is a One Time Acquisition conducted by the State of California, Department of General Services, Procurement Division (DGS-PD) to cover the requirements of the Department of Justice (DOJ) for APC Uninterruptible Power Supply (UPS) Batteries as described meeting the requirements of Attachment 1, Technical Specifications, Attachment 2, Cost Worksheet.

For purposes of this IFB, only the specified brand and model will be accepted:

Brand: APC Symmetra Model: PX 250/500kVA UPS batteries Part Number: SYBT9-B6

KEY ACTION DATES

Adherence to the following schedule of dates and times is required. If the State finds it necessary to change any of these dates, it will be accomplished via addendum.

KEY ACTION DATE & TIME

Release of IFB (Event ID# 35332) Tuesday, May 6, 2025 Last Day to Submit Questions Monday, May 12, 2025 (02:00 P.M., PT) DGS Answers to Questions Provided Tuesday, May 13, 2025 Bid Due Date May 22, 2025 (10:00 A.M., PT) * Public Bid Readings May 22, 2025 (02:00 P.M., PT) Proposed Notice of Intent to Award Date Monday, May 27, 2025

*All dates after the Bid Due Date are approximate, and may be adjusted as conditions dictate, without addendum to this IFB.

BIDDER INSTRUCTIONS

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

METHOD OF AWARD

Award will be made on an "All or None" basis, by individual line item. The award, if made, will be to the responsive and responsible Bidder with the lowest cost, including all applicable preference and incentive calculations.

In the event of a tie, a coin toss will be a permissible tiebreaker. Such event will be conducted by the procurement official and observed by a state employee as witness.

TECHNICAL SPECIFICATIONS

Bidders shall comply with Attachment 1 A-1_ Technical Specifications.

PROCUREMENT OFFICIAL

The Procurement Official shown on the front page shall be the State’s designated authorized representative regarding this procurement. 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. The Procurement Official and back-up contact information for this IFB is listed below:

http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf

Procurement Official: Phebe Lapinig Telephone: (279) 799-3944 Email: Phebe.Lapinig@dgs.ca.gov

Backup Procurement Official: Jennifer Maier Telephone: (279) 946-7938 Email: Jennifer.Maier@dgs.ca.gov

ALTERNATIVE PROTEST PROCESS

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

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

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

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

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

A written Notice of Intent to Protest the proposed award of this solicitation must be received (email or facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 1st working day after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

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

Copies of the protest are to be sent to the Procurement Official listed in section 5.

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.

mailto:Phebe.Lapinig@dgs.ca.gov mailto:Jennifer.Maier@dgs.ca.gov https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Award-Notifications?search=Award%20Notice mailto:PDProtest@dgs.ca.gov

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

Refer to the Bid Protest Regulations website for procedures for conducting protests under the Alternative Protest Process.

WARRANTY

All products offered must contain, at a minimum, one (1) year warranty from the Original Equipment Manufacturer (OEM) with the option to extend warranty for additional years. The initial warranty period shall commence after acceptance of the product(s).

During the warranty period, the Contractor must:

Honor all manufacturers’ warranties and guarantees on all products offered through the contract.

If the manufacturer offers an on-site warranty, those warranty services must be passed on to the user of this contract. Contractor shall bear all material, labor, and transportation costs for repair of defects and failures occurring within the warranty period.

FREE ON BOARD (F.O.B.) DESTINATION

For the purpose of this solicitation, only bids quoted F.O.B. Destination, Freight Prepaid/Add, will be accepted. Any charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be expressly included and itemized in the Contract. International shipments will be Delivered Duty Paid (DDP). Import Costs, duties, taxes, value added tax, or any other transportation or customs costs will not be paid by the State unless expressly included and itemized in the Contract.

All freight charges over $50 require a supporting prepaid freight bill prior to freight payment.

SALES TAX

The sales tax rate applied should be based on the rate of the area where the product is to be delivered.

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, restrictive specifications, 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 the date and time indicated in Section 2, Key Action Dates. All questions and/or concerns shall be directed to both the Procurement Official and the Backup Procurement Official listed above.

Answers to all questions will be posted via an Addendum.

https://www.dgs.ca.gov/OAH/Case-Types/General-Jurisdiction/Resources/Page-Content/General-Jurisdiction-Resources-List-Folder/Laws-and-Regulations/Bid-Protest-Regulations

ADDENDA

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

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

DESIGNATION OF REQUIREMENTS

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

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

ADDITIONAL TERMS AND CONDITIONS

The State objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder. This applies to any language appearing in documents attached as part of the bidder’s response. In signing and submitting the Agreement Cover Letter, the bidder agrees that any additional terms and conditions whether submitted intentionally or inadvertently, shall have no force or effect. Bids with terms and conditions attached may be subject to rejection.

RESPONSIBLE BIDDER

DGS may require Bidders to submit evidence of their qualifications. This includes, but is not limited to, the necessary number of personnel with the skills required, equipment of appropriate type and sufficient quantity, financial resources sufficient to complete performance under the agreement, 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.

BID SUBMITTAL INSTRUCTIONS

Bids must be received by the bid due date and time in Section 2, Key Action Dates. Bids received after this date and time will not be considered.

The completed bid response shall be submitted by email as follows:

• Email bids to OTA@dgs.ca.gov

• Only bids received to this mailbox will be considered. Bids shall not be sent to any other mailbox.

• Email should clearly identify in the Subject Line:

Bid Response for BU <Number>Event ID <Number>, <Bid due date>, <Buyer’s Name>, <Company Name>

• Emails will not be opened by the Procurement Official until the required bid due date and time.

mailto:OTA@dgs.ca.gov

Emails should not exceed one hundred fifty (150) megabytes (MB). The State’s mail server may automatically reject excessively large emails. Bidder may submit multiple emails if file size exceeds the recommended one hundred fifty (150) MB. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.) in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved

Hard copy and faxed bids will not be accepted for this solicitation.

STATE’S OWN BID DOCUMENTS/SOLICITATION

Only bids quoted on the State's own bid documents will be considered. Documents include all forms and attachments required to be submitted. Alteration of the State’s documents may result in rejection of the bid. Bids submitted referencing supplier attachments which include terms and conditions that conflict with the State's complete solicitation shall be considered non-responsive and such bids shall be rejected.

BID SUBMISSION REQUIREMENTS

Bid submission items are included as part of this IFB or are included electronically by link. If Bidder is unable to download an electronic document, contact the procurement official to request the document.

A. 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 general provisions (as indicated below) without addition or modification and to comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California. All general provisions can be found at Required Language for Solicitations and Contracts.

Department of General Services Procurement Division, Non-Information Technology - General Provisions - Goods, DGS PD 401-NITGP (Goods)

B. COST WORKSHEET

Bidders shall submit one (1) electronic copy in Microsoft Excel format of the completed Attachment 2 – Cost Worksheet with the emailed bid response. To be considered for award, all line items in Attachment 2 – Cost Worksheet must be bid. Failure to submit the Attachment 2 – Cost Worksheet with the bid response shall result in the bid being considered non-responsive.

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

Attachment 2 – Cost Worksheet must be filled out completely or the bid may be rejected.

Modification of the Cost Worksheet will disqualify the Bidder.

https://www.dgs.ca.gov/-/media/1DCB49CFFD9642C4ADD9FCEDAB5C1D95.ashx file:///C:%5CUsers%5CJMaier%5CDesktop%5CJen%20TEMPLATES%5COTA%5Cfinal%5C1.%20GenAI%20Technology%20Use%20&%20Reporting:%20During%20the%20term%20of%20the%20contract,%20Contractor%20must%20notify%20the%20State%20in%20writing%20if%20their%20services%20or%20any%20work%20under%20this%20contract%20includes,%20or%20makes%20available,%20any%20previously%20unreported%20GenAI%20technology,%20including%20GenAI%20from%20third%20parties%20or%20subcontractors.%20Contractor%20shall%20immediately%20complete%20the%20GenAI%20Reporting%20and%20Factsheet%20(STD%201000)%20to%20notify%20the%20State%20of%20any%20new%20or%20previously%20unreported%20GenAI%20technology.%20At%20the%20direction%20of%20the%20State,%20Contractor%20shall%20discontinue%20the%20use%20of%20any%20new%20or%20previously%20undisclosed%20GenAI%20technology%20that%20materially%20impacts%20functionality,%20risk%20or%20contract%20performance,%20until%20use%20of%20such%20GenAI%20technology%20has%20been%20approved%20by%20the%20State.

file:///C:%5CUsers%5CJMaier%5CDesktop%5CJen%20TEMPLATES%5COTA%5Cfinal%5C1.%20GenAI%20Technology%20Use%20&%20Reporting:%20During%20the%20term%20of%20the%20contract,%20Contractor%20must%20notify%20the%20State%20in%20writing%20if%20their%20services%20or%20any%20work%20under%20this%20contract%20includes,%20or%20makes%20available,%20any%20previously%20unreported%20GenAI%20technology,%20including%20GenAI%20from%20third%20parties%20or%20subcontractors.%20Contractor%20shall%20immediately%20complete%20the%20GenAI%20Reporting%20and%20Factsheet%20(STD%201000)%20to%20notify%20the%20State%20of%20any%20new%20or%20previously%20unreported%20GenAI%20technology.%20At%20the%20direction%20of%20the%20State,%20Contractor%20shall%20discontinue%20the%20use%20of%20any%20new%20or%20previously%20undisclosed%20GenAI%20technology%20that%20materially%20impacts%20functionality,%20risk%20or%20contract%20performance,%20until%20use%20of%20such%20GenAI%20technology%20has%20been%20approved%20by%20the%20State.

https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP-Revised-02202025.pdf

C. NARRATIVE RESPONSE

This 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.

D. SELLER’S PERMIT AND SECRETARY OF STATE

Bidders are required to provide their Seller’s Permit number and their Secretary of State (SOS) certification number, if a corporation or limited liability company, 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 with the bid / or within five (5) days of request from the State or the bid may be deemed non-responsive.

For instructions on how to obtain a California Seller’s Permit or register to do business in the State of California, visit the California Department of Tax and Fee Administration website.

If applicable, SOS certification must be approved and in “Active” status prior to contract award.

E. 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 an agreement 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 agreement.

If a Bidder proposes the use of a subcontractor for a portion of the agreement, 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 proposing 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 response.

F. PAYEE DATA RECORD

To be awarded this agreement, the Bidder is required to complete, sign, return a Payee Data Record (STD 204) within five (5) days of request from the State.

https://www.cdtfa.ca.gov/ https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

G. POSTCONSUMER-CONTENT CERTIFICATION

State agencies are required to report purchases in many product categories. To comply with those requirements, bidders are required to complete and return the Postconsumer-Content Certification (CalRecycle 74) with their bid response or within five(5) days of request from the State.

H. 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)).

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

I. CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to PCC § 2010, any Bidder entering into or renewing an agreement over $100,000 on or after January 1, 2017, shall certify all the following:

A. That they comply with the Unruh Civil Rights Act (§ 51 of the Civil Code).

B. That they comply with the California Fair Employment and Housing Act (FEHA) (Chapter 7

(commencing with § 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 (§ 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with § 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 § 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 may result in the bid being considered non-responsive.

https://www2.calrecycle.ca.gov/Docs/Web/111480 https://www2.calrecycle.ca.gov/Docs/Web/111480 https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf

J. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI, while balancing the risks of these technologies. Bidder must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2),intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) 4986.2.

Bidder shall provide the above notifications by completing the GenAI portion in Attachment 3, Narrative Response. Failure to report GenAI to the State may result in disqualification. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

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

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

SOCIOECONOMIC PREFERENCE AND INCENTIVE PROGRAMS

This solicitation may include the following socioeconomic programs:

• Disabled Veteran Business Enterprise (DVBE) Program Requirements and Incentive o Refer to the California DVBE Program Requirements – For Goods and Information Technology (1/2022) for detailed requirements and instructions for the DVBE program.

• Small Business Preference

• Small Business Nonprofit Veteran Services Agencies (SB/NVSA)

• Non-Small Business Subcontractor Preference

• Target Area Contract Preference Act (TACPA) Preference

Preference and Incentive Programs are identified below. When the Bidder satisfies the requirements and requests bid preferences and/or incentives, the Bidder must clearly identify which programs it qualifies for in Attachment 3, Narrative Response. To be considered responsive to the bid preference and/or incentives, the Bidder Declaration Form GSPD-05-105, and for DVBE, the DVBE Declaration Form DGS PD 843, must be submitted with bid response.

The total amount of Preferences and Incentives a bidder can receive is 15 percent of the lowest net bid amount or $100,000.00, whichever is less for low bid.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirements and DVBE

Incentive For the purposes of this solicitation, the DVBE participation requirement has been exempted.

B. DVBE Incentive In addition to and/or regardless of the exemption of the DVBE Participation Requirement, pursuant to Military and Veterans Code § 999.5, subdivision (a), an incentive will be given to Bidders who provide DVBE participation on the contract. Bidders may claim 1 percent-5 percent bidding incentive. A Bidder is eligible to receive the DVBE incentive if they are a certified DVBE https://www.dgs.ca.gov/Resources/SAM https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf or if a non DVBE Bidder commits to use a certified DVBE(s) as subcontractor(s). To be considered for the incentive, Bidder must complete and return the DVBE Declaration Form STD.

843.

C. Small Business Preference The following information shall apply to both Small Businesses (SBs) and Microbusinesses (MBs)

A 5 percent bid preference is available to Bidders certified as a small business in accordance with GC §14835 et seq. Bidders claiming the small business preference must be certified by California as a small business. 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. 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.).

D. Small Business Nonprofit Veteran Services Agencies (SB/NVSA)

SB/NVSA prime Bidders meeting requirements specified in the Military and Veterans Code (MVC) § 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5 percent small business preference. 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.

E. 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.

F. Target Area Contract Preference Act (TACPA) Preference

This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid.

The TACPA workplace and workforce preferences will be evaluated for this solicitation.

California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. Refer to the Request Target Area Contract Preference webpage for required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone.

By submitting TACPA forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code § 4535 and provided in § 1896.40 of Title 2 of the California Code of Regulations (CCR) in addition to requirements specified on the TACPA form

STD 830.

The resulting contract, if awarded, where TACPA applies, will include by reference, the provisions specified in § 2 CCR 1896.40. The State reserves the right to verify, validate, and clarify all information contained in the TACPA application.

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

https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IABE101D0D49111DEBC02831C6D6C108E&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IABE101D0D49111DEBC02831C6D6C108E&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference#:%7E:text=Any%20vendor%20whose%20bid%20is,located%20in%20the%20qualified%20zone.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference#:%7E:text=Any%20vendor%20whose%20bid%20is,located%20in%20the%20qualified%20zone.

mailto:TACPA@dgs.ca.gov

G. SB/DVBE Reporting Requirements If, for this Contract, Contractor made a commitment to achieve SB participation, the State requires Contractor, upon completion of this Contract, (or within such other period as may be specified elsewhere in the Contract) to report the actual percentage of SB participation that was achieved. (Govt. Code, § 14841).

If, for the Contract, Contractor made a commitment to achieve the DVBE participation goal, then, pursuant to Military & Veterans Code, § 999.5, subdivision (d), upon completion of the Contract, the State requires Contractor to certify using Prime Contractor’s Certification – DVBE Subcontractor Report (STD817).

Until Contractor complies with the certification requirements above, the State will withhold $10,000 from the final payment, or the full final payment if less than $10,000. Refer to Section 19, “Small Business (SB) Participation & Disabled Veteran Business Enterprise (DVBE) Participation Reporting Requirements” of the general provisions applicable to this solicitation for specific regulatory requirements.

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 § 999(b)(5)(B) for DVBEs and in the Government Code § 14837(d)(4)(A) for small business as consisting of all 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 claiming participation in one or more of the socioeconomic programs will have their submissions evaluated by the state in compliance with CUF regulations. 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.

BID RESPONSE LIST

Bidders shall include the following documents and attachments as required in the IFB. Documents should be provided in the same order as listed below. Document links are shown below when not attached to the solicitation.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

Required with Bid Response Checklist X Description

Agreement Cover Letter Attachment 2 – Cost Worksheet Attachment 3 – Narrative Response Bidder Declaration Form (GSPD-05-105) California Civil Rights Laws Certification form

Requested with Bid Response, required within five (5) working days after notification from the State, before award Description

Payee Data Record (STD 204) Darfur Contracting Act

Required with the Bid Response only if the Bidder and/or subcontractor is a certified SB/DVBE and/or Bidder is claiming a preference or incentive Description

Disabled Veteran Business Enterprise Declaration Form DGS PD 843 Target Area Contract Preference Act (TACPA), request form (Std. 830)

Do not submit this IFB document with bid.

The State makes no warranty that the response list is a full and comprehensive listing of every requirement specified in the IFB. Checking off the items on the list does not establish the Bidder’s intent nor does it constitute responsiveness to the requirements. The list is only a tool to assist participating Bidders in compiling their bid response and does not establish intent nor does it constitute responsiveness to the requirements. Bidders are encouraged to carefully read the entire IFB. The need to verify all documentation and responses prior to the submission of bids cannot be over emphasized.

TAX DELINQUENCY

Pursuant to the Public Contract Code § 10295.4, prior to executing any State agreement 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 agreement award.

FTB Top 500 Delinquent Taxpayers

CDTFA Top 500 Sales & Use Tax Delinquencies in California

VALIDATION OF REQUIREMENTS

The State will check each bid detail to determine its compliance to the bid requirements. If a bid fails to meet bid requirements, the State will determine whether the deviation is material. A material deviation will be cause for rejection of the bid. An immaterial deviation will be examined to determine if the deviation will be accepted. If accepted, the bid will be processed as if no deviation had occurred.

https://www.dgs.ca.gov/-/media/1DCB49CFFD9642C4ADD9FCEDAB5C1D95.ashx https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.dgs.ca.gov/-/media/6E5A30EF583B48CF85DEDAB178FDFC42.ashx https://www.dgs.ca.gov/-/media/divisions/pd/acquisitions/solicitation%20document%20attachments/darfur%20contracting%20act.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf file://YO00FIL001/Common2/Acquisitions/One%20Time%20Acquisitions/IT%20-%20FORMS%20-%20TEMPLATES/FORMS/RFQ-IFB-RFO%20TEMPLATES/Use%20for%20EMAIL%20Responses/FTB%20Top%20500%20Delinquent%20Taxpayers https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

CLARIFYING INFORMATION

During the evaluation and selection process, the State may ask the Bidder to clarify conflicting information in their bid response when compliance to the solicitation requirements cannot be determined. Clarifications provided by the Bidder may not change the original bid submission. Missing or non-compliant bid response information is not grounds for the State to request clarification.

Clarification will not be requested if the Bidder has been deemed non-compliant to other mandatory requirements. It is the responsibility of the Bidder to submit a complete, legible, and comprehensible bid.

Failure to submit the requested written information within the timeframe provided by the State will be grounds for bid rejection.

DRAFTS

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

Oral statements made by either party during confidential discussions shall not be binding.

NEGOTIATIONS

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

PUBLIC BID READINGS

All bids received by the due date and time will be opened and read at a public bid reading. Bid readings will be conducted through Microsoft Teams. All participating Bidders and interested parties may attend by using the Microsoft Teams access information below:

Microsoft Teams Meeting Link: Join the meeting now Call in: +1 916-245-8850,,292919192# Conference ID: 292 919 192#

The cost opening will begin at the time and date indication in Section 2, Key Action Dates.

Participants are encouraged to call in on time to be admitted.

AWARD NOTIFICATION

Bidders desiring to receive notification of the bid results and intended awardee, please include a “Notice of Intent to Award” request along with your submitted bid.

STATE FINANCIAL MARKETPLACE

The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing purchase (using GS $Mart), or operating lease (using Lease $Mart) through the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is done through the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor will pay the Contractor on behalf of the State for all product listed on the State's procurement document.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTJmYzcxZjItOGU3My00ZWVhLTg4MzAtZmI0NjljM2JlNmUy%40thread.v2/0?context=%7b%22Tid%22%3a%22ea45f7b1-07d7-49a8-b8f5-37136ec9382d%22%2c%22Oid%22%3a%220ef9aa3d-933e-42ac-8796-becbeb604c3d%22%7d tel:+19162458850,,292919192

ATTACHMENTS

The following list identifies the applicable Attachments for this solicitation:

• Attachment 1 – Sample Agreement

a. Exhibit A – Statement of Work

b. Exhibit A-1 – Technical Specifications

c. Exhibit B – Budget Detail and Payment Provisions

d. Exhibit B-1 – Cost Worksheet

e. Exhibit C – General Provisions

f. Exhibit D – Special Terms & Conditions

• Attachment 2 – Cost Worksheet

• Attachment 3 – Narrative Response

End of Document