1_IFB_24-1-004-1__CSMIP_Equipment_Upgrade_Project.pdf

CDT OSTP Invitation For Bid

Invitation For Bid (IFB)

IFB 24-1-004-1

PART 1 – BIDDER INSTRUCTIONS

FOR

IFB 24-1-004-1 CSMIP Equipment Upgrade Project

March 24, 2025

Issued by:

STATE OF CALIFORNIA

Department of Conservation 715 P Street, Sacramento, CA 95814

Part 1 of the solicitation template contains the bidder and bidding instructions, bid form instructions, solution requirements and instructions, and all other instructional/compliance information that the Bidder must meet in order to be considered responsive and responsible to the solicitation.

Part 2 of the solicitation template contains all forms a Bidder must complete and return with its Final Bid, including the administrative forms, technical requirement responses, cost documents and all exhibits/attachments discussed in Part 1.

Disclaimer: The original version and any subsequent solicitation addenda released by the Procurement Officer of this solicitation remain the official version. In the event of any inconsistency between the Bidder’s versions, articles, attachments, specifications or provisions (which constitute the Contract), the official State version of the solicitation in its entirety shall take precedence.

TABLE OF CONTENTS

1. INTRODUCTION

1.1. PURPOSE

1.2. BACKGROUND

1.3. TERM OF CONTRACT

1.4. CURRENT AND PROPOSED ENVIRONMENT

1.4.1. CURRENT ENVIRONMENT

1.4.2. PROPOSED ENVIRONMENT

1.5. AMERICANS WITH DISABILITIES ACT (ADA)

2. BIDDING INSTRUCTIONS

2.1. BIDDER ADMONITION

2.2. COMMUNICATIONS AND CONTACTS

2.2.1. PROCUREMENT OFFICER

2.2.2. QUESTIONS REGARDING THE SOLICITATION DOCUMENT

2.2.3. INTENT TO BID

2.2.4. CLOUD COMPUTING SERVICES

2.3. KEY ACTION DATES

2.4. RULES GOVERNING COMPETITION

2.4.1. IDENTIFICATION AND CLASSIFICATION OF SOLICITATION

REQUIREMENTS

2.4.2. SOLICITATION DOCUMENTS

2.4.3. EXAMINATION OF THE WORK

2.4.4. EXCLUSION FOR CONFLICT OF INTEREST

2.4.5. CONFIDENTIALITY

2.4.6. ADDENDA

2.4.7. BIDDER'S COST

2.4.8. DISCOUNTS

2.4.9. SIGNATURE OF BID

2.4.10. IRREVOCABLE OFFER

2.4.11. FALSE OR MISLEADING STATEMENTS

2.4.12. BONDS

2.5. BIDDING STEPS

2.5.1. FINAL PHASE

2.5.2. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF BIDS

2.5.3. DISPOSITION OF BIDS

2.6. PROTESTS

2.7. NEGOTIATIONS

3. ADMINISTRATIVE REQUIREMENTS

3.1. PRE-QUALIFIED VENDOR APPLICATION OF QUALIFICATION (EVAQ)

3.1.1. INCORPORATION OF EVAQ REQUIREMENTS

3.2. CONFIDENTIALITY STATEMENT (M)

3.3. COVER LETTER (M)

3.4. ADMINISTRATIVE REQUIREMENTS DOCUMENT (M)

3.5. PRIMARY BIDDER

3.6. SUBCONTRACTORS

3.6.1. BIDDER DECLARATION FORM (M)

3.7. STATEMENT OF WORK (M)

3.8. TELECOMMUNICATION PROVISIONS

3.8.1. GENERAL PROVISIONS - TELECOMMUNICATIONS (Revised and

Effective 09/19/2019)

3.9. SOCIOECONOMIC PROGRAMS

3.9.1. BIDDER'S PREFERENCE AND INCENTIVE DECLARATION

3.9.2. SMALL BUSINESS PREFERENCE (O)

3.9.3. NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE (O)

3.9.4. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

PROGRAM

3.9.4.1. DVBE PARTICIPATION REQUIREMENT (M)

3.9.4.2. DVBE INCENTIVE (O)

3.9.5. COMMERCIALLY USEFUL FUNCTION (M)

3.9.6. TARGET AREA CONTRACT PREFERENCE ACT (TACPA) (O) ... 28

3.10. INSURANCE COVERAGE (M)

3.11. SELLER’S PERMIT (M)

3.12. GENAI REPORTING AND FACTSHEET (M)

3.13. ABILITY TO PERFORM

3.14. PRODUCTIVE USE REQUIREMENTS

3.14.1. CUSTOMER IN-USE

3.14.2. HARDWARE/EQUIPMENT

3.15. AMENDMENT

3.16. FINANCIAL RESPONSIBILITY INFORMATION

3.17. RUSSIA - UKRAINE CONFLICT ECONOMIC SANCTIONS

4. BID REQUIREMENTS

4.1. AUTHORIZED RESELLER VALIDATION (M)

4.2. DELIVERY SCHEDULE

5. COST

5.1. COST WORKBOOK (M)

5.2. COST WORKBOOK INSTRUCTIONS

5.3. PROJECT PAYMENT TERMS

5.4. SALES TAX

6. BID FORMAT AND SUBMISSION REQUIREMENTS

6.1. PREPARATION

6.2. COMPLETION OF BIDS

6.3. DELIVERY OF SUBMITTALS

6.4. FINAL BID FORMAT AND CONTENT

6.4.1. VOLUME 1 - RESPONSE TO ADMINISTRATIVE, BID AND COST

REQUIREMENTS

7. EVALUATION

7.1. EVALUATION TEAM

7.2. EVALUATION STEPS

7.2.1. EVALUATION OF REQUIRED INFORMATION AND

REQUIREMENTS

7.2.2. RECEIPT AND PRELIMINARY REVIEW

7.2.3. MANDATORY REQUIREMENTS EVALUATION

7.2.4. VALIDATION AGAINST REQUIREMENTS

7.3. FINAL BID EVALUATION

7.3.1. ERRORS IN THE FINAL BID

7.3.2. REJECTION OF BIDS

7.3.3. ADMINISTRATIVE AND BID REQUIREMENTS EVALUATION

7.3.4. COST EVALUATION

7.3.5. SOCIOECONOMIC PROGRAMS

7.3.5.1. TACPA PREFERENCE

7.3.5.2. SMALL BUSINESS PREFERENCE

7.3.5.3. DVBE INCENTIVE

7.3.6. FINAL BID CALCULATION AND RANK DETERMINATION

7.3.7. SUBMISSION OF AMENDED FINAL BID(S)

7.4. NEGOTIATIONS

7.4.1. PROCEEDING TO NEGOTIATIONS

7.4.2. NEGOTIATION INVITATION

7.4.3. BEST AND FINAL OFFER SUBMISSION (BAFO)

7.4.4. EVALUATION OF BAFO SUBMISSION

7.4.5. SELECTION

7.4.6. DEBRIEFING

8. INFORMATIONAL ATTACHMENTS

ATTACHMENT 1: APPENDIX A - STATEMENT OF WORK

ATTACHMENT 2: INTENT TO BID

ATTACHMENT 3: CONFIDENTIALITY STATEMENT

ATTACHMENT 4: COVER LETTER

ATTACHMENT 5: RESPONSE TO ADMINISTRATIVE REQUIREMENTS

ATTACHMENT 6: BIDDER DECLARATION GSPD 05-105

ATTACHMENT 7: BIDDING PREFERENCES AND INCENTIVES

ATTACHMENT 8: DVBE DECLARATIONS

ATTACHMENT 9: COMMERCIALLY USEFUL FUNCTION (CUF)

CERTIFICATION

ATTACHMENT 10: TACPA PREFERENCE REQUEST FORMS

ATTACHMENT 11: WORKERS' COMPENSATION CERTIFICATION

ATTACHMENT 12: SELLERS PERMIT CERTIFICATION

ATTACHMENT 13: AUTHORIZED RESELLER VALIDATION

ATTACHMENT 14: TEMPLATE FOR QUESTION SUBMITTAL

ATTACHMENT 15: SOLICITATION SUBMISSION CHECKLIST

EXHIBIT A: COST WORKBOOK

EXHIBIT B: CHANGE ORDER REQUEST

EXHIBIT C: GENERAL PROVISIONS - TELECOMMUNICATIONS (Rev.

09.19.2019)

IFB

PART 1 – BIDDER INSTRUCTIONS

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions

March 24, 2025

1. INTRODUCTION

This solicitation is being conducted under the authority of California Department of Technology (CDT) pursuant to Public Contract Code (PCC) §6611 et seq. The format that Bid information is to be submitted and the material to be included therein follows. This solicitation also addresses the requirements that Bidders must meet to be eligible for consideration, as well as addressing Bidders’ responsibilities before and after award.

1.1. PURPOSE

The purpose of this Invitation For Bid (hereafter referred to as "IFB" or “solicitation”) is to obtain Bids from qualified Bidders to provide the Department of Conservation and the State of California (hereafter referred to as “State”) with Seismic goods (REF TEK and Kinemetrics), also referred to as "Seismic Equipment" for the California Strong Motion Instrumentation Program Equipment Upgrade Project (hereafter referred to as "CSMIP Equipment Upgrade Project").

The Contract Award, if made, will be to the single Bidder in accordance with the methodology defined in

SECTION 7. EVALUATION.

1.2. BACKGROUND

The CSMIP is required by California legislation to instrument, maintain, monitor, and process strong motion data from seismic stations installed below and on the ground surface, as well as in typical selected structures.

In addition, under contract with the California Governor's Office of Emergency Services, CSMIP contributes to the California Earthquake Early Warning System (CEEWS) by instrumenting and maintaining ground response stations. The recorded strong motion data is used by state earthquake emergency responders and structural engineers for dynamic analysis of structures, and in the long term, to improve the structural seismic design regulations for making structures more resistant to earthquakes.

The CSMIP products are critical for the state to reduce the loss of life and mitigate seismic hazard's impact on the public.

The primary objective of this contract is to procure equipment to support two (2) projects:

• Statewide Seismic Hazard Mitigation (SSHM) BCP Upgrade Project

• California Earthquake Early Warning System Project

1.3. TERM OF CONTRACT

Effective upon approval of CDT, Office of Statewide Technology Procurement (OSTP), the term of the

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions

Contract is for three (3) years with an estimated contract start date of June 1, 2025, or upon the contract execution date, whichever is later, in accordance with Statement of Work (SOW), SECTION 3. Term of the Contract.

The State, at its sole discretion, may exercise its option to execute two (2), two-year extensions to purchase additional equipment for a maximum contract term of seven (7) years. The State is not obligated to use any or all of these options.

The Contractor shall not be authorized to deliver or commence performance of services as described in this ATTACHMENT 1: APPENDIX A - STATEMENT OF WORK until written approval has been obtained from all entities. No delivery or performance of any service may commence prior to the execution of the Contract.

1.4. CURRENT AND PROPOSED ENVIRONMENT

1.4.1. CURRENT ENVIRONMENT

Across California, various seismic recording stations are set up to monitor seismic activity. These stations capture strong motion data and transmit it to a server at the CSMIP Data Center. This data enables CSMIP to generate earthquake maps, which help state and local governments provide guidance to first responders for earthquake response.

The current CSMIP system is a "triggered" system. A triggered system has recorders that do not send data back to the server unless the shaking magnitude is high enough to pass a threshold that "triggers" the recorder. Once triggered, the recorder pulls the data from the buffer and creates a file. This file is then sent to the CSMIP server, which then processes the record of the earthquake.

The business need is to upgrade the existing network from a "triggered" system to a "real-time" system. A "real-time" system has recorders sending seismic data to the CSMIP server continuously. When an earthquake occurs, the real-time CSMIP Data Center already has the entire data, so the segment of record that corresponds to an earthquake is available immediately. This real-time system will allow a faster response time to earthquakes and quickly generate and disseminate seismic products to CSMIP customers like the Cal OES, California Department of Transportation, Office of Statewide Health Planning and Development, Department of Water Resources, and others.

The conversion from a "triggered" to a "real-time" system will be accomplished by procuring equipment (upgrade kits, recorders, antennas, cables, accessories) to upgrade an existing station to a real-time recording station.

The following diagram shows the high-level architecture of the current seismic recording infrastructure.

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions

March 24, 2025 https://sb.cityinnovate.com/account/solicitations/documents/375678

1.4.2. PROPOSED ENVIRONMENT

This section is intended to present an overview of the proposed system. The Bidder requirements and solution requirements supporting this overview are included in SECTION 4. BID REQUIREMENTS and

ATTACHMENT 1: APPENDIX A - STATEMENT OF WORK.

In the event of a discrepancy or ambiguity between the requirements described in this section, and the requirements set forth in ATTACHMENT 1: APPENDIX A - STATEMENT OF WORK are detected after the opening of Bids, ATTACHMENT 1: APPENDIX A - STATEMENT OF WORK and the Bidder’s response thereto shall have priority over this section.

1. Technical specifications for a Central Recording Multichannel Accelerograph Recorder System and an integrated Tri-Axial Accelerograph are defined in SOW, SECTION 18. System Requirements.

2. Hardware and software interoperability requirements: The CSMIP seismic stations that will be upgraded in this phase of the project are a subset of stations that have been built using equipment from Kinemetrics Inc. and REF TEK. The inoperative and obsolete equipment that will be upgraded at these stations needs to be compatible with the parts that are not going to be replaced, such as, records, sensors, antennas, etc. The consistency in new and old equipment at these stations enables CSMIP to replace the old parts without swapping out additional equipment that the DOC would not otherwise replace, assuring compatibility of all the parts with each other, cost savings on equipment, staff time, and meeting the tight timelines of the projects.

3. Currently, only the equipment listed in EXHIBIT A: COST WORKBOOK meet the technical specifications and interoperability requirements for these projects. If manufacturers believe they have equipment that can meet these requirements, they may request to have their equipment tested and evaluated for future bid opportunities. Manufacturers interested in their products being used can go to the California Strong Motion Instrumentation Program website:

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions https://www.conservation.ca.gov/cgs/smi.

The Contractor is required to ship the equipment to the address provided in the SOW, SECTION 11.

Delivery (Hardware). The requested equipment and delivery schedules are listed in EXHIBIT A: COST

WORKBOOK.

1.5. AMERICANS WITH DISABILITIES ACT (ADA)

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

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

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

The California Relay Service Telephone Numbers are:

TTY/VCO/HCO to Voice

English

Spanish

1-800-735-2929

1-800-855-3000

Voice to TTY/VCO/HCO

English

Spanish

1-800-735-2922

1-800-855-3000

From or to Speech-to-Speech English & Spanish 1-800-854-7784

2. BIDDING INSTRUCTIONS

2.1. BIDDER ADMONITION

This procurement will follow an approach designed to increase the likelihood of a successful Final Bid and Bidder eligibility for an invitation to Negotiations. The Bidder should refer to SECTION 2.5. BIDDING

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions

March 24, 2025 https://www.conservation.ca.gov/cgs/smi https://sb.cityinnovate.com/account/solicitations/documents/62000#section-285978

STEPS to understand the phases applicable to this solicitation. It is the Bidder’s responsibility to:

1. Ensure that the Bidder clearly understands the State’s requirements before attempting to develop its Final Bid;

2. Ensure that the State clearly understands what each Bidder intends to bid before the Bids are finalized; and

3. Provide an opportunity for the State and each Bidder to discuss weaknesses or potentially unacceptable elements of a Bidder’s Bid and give the Bidder an opportunity to modify its Bid to correct such problems.

Specific information regarding such steps is provided in SECTION 2.5. BIDDING STEPS and SECTION

7. EVALUATION of the solicitation. It is the Bidder’s responsibility to:

1. Carefully read the entire solicitation.

2. Submit questions in a timely manner, if clarification is necessary.

3. Submit a Bid by the required dates and times specified in SECTION 2.3. KEY ACTION DATES .

4. Make sure that all procedures and requirements of the solicitation are accurately followed and appropriately addressed.

5. Do not include conditional statements, assumptions, or exceptions language with Bids.

6. Carefully review the entire solicitation before submitting a Final Bid.

2.2. COMMUNICATIONS AND CONTACTS

The State uses an online procurement system known as Cal eProcure to communicate with prospective bidders and suppliers. Information and ongoing communications for this solicitation will be posted by the State on the Cal eProcure website, www.caleprocure.com.

Oral communications by Agency/state entity officers and employees concerning this solicitation shall not be binding on the State and shall in no way excuse the Bidder of any obligations set forth in this solicitation.

2.2.1. PROCUREMENT OFFICER

The Procurement Officer is the State’s designated authorized representative regarding this procurement.

Bidders are directed to communicate all correspondence regarding this procurement to the Procurement Officer at the contact information below:

Procurement Officer: Lauren Neisen, Lauren.Neisen@state.ca.gov, +1 916-205-4836 and

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions

March 24, 2025 http://www.caleprocure.com/ mailto:Lauren.Neisen@state.ca.gov

Procurement Officer: Edna Toy, Edna.Toy@state.ca.gov +1 916-857-9601

2.2.2. QUESTIONS REGARDING THE SOLICITATION DOCUMENT

Bidders requiring clarification of the intent, terms and conditions, content of this solicitation, or on procedural matters regarding the competitive bid process may request clarification by submitting questions using ATTACHMENT 14: TEMPLATE FOR QUESTION SUBMITTAL via electronic mail (email) addressed to the Procurement Officer listed in SECTION 2.2.1. PROCUREMENT OFFICER.

The email must include the solicitation identification information from the solicitation title page in the subject line. To ensure a response, questions must be received in writing by the scheduled date(s) specified in SECTION 2.3. KEY ACTION DATES . Question and answer sets will be posted to Cal eProcure and will not identify the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

Only questions submitted in writing and answered in writing by the Procurement Officer shall be binding and official. Written questions must be submitted by email to the Procurement Officer identified in SECTION 2.2.1. PROCUREMENT OFFICER, using ATTACHMENT 14: TEMPLATE FOR QUESTION SUBMITTAL. All written questions submitted by the deadline specified in SECTION 2.3. KEY ACTION DATES will be responded to at the same time with all questions and answers posted to Cal eProcure in the form of a question and answer set.

If a Bidder desires clarification or further information on the content of the solicitation, but whose questions relate to the proprietary aspect of its Bid and disclosure exposes its Bid to other Bidders, the question may be submitted using the same criteria above with the notation, “CONFIDENTIAL.” The Bidder must explain why the question is sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the Bid, the question will be answered and both the question and answer will be confidentially maintained. If the State does not concur with the proprietary aspect of the question, the question and answer will not be confidentially maintained and the Bidder will be so notified.

2.2.3. INTENT TO BID

Bidders that want to participate in the solicitation should submit a completed ATTACHMENT 2: INTENT TO BID by the date specified in SECTION 2.3. KEY ACTION DATES .

This document shall be emailed to the Procurement Officer identified in SECTION 2.2.1.

PROCUREMENT OFFICER. Only those Bidders acknowledging interest in this solicitation will receive correspondence applicable to the solicitation (e.g., scheduling dates for confidential discussions, CDT cloud services, meetings, etc.) throughout this procurement. Correspondence to a Bidder regarding this solicitation will only be given to the Bidder’s designated contact person.

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions

March 24, 2025 mailto:Tien.Le@state.ca.gov https://sb.cityinnovate.com/account/solicitations/documents/62000#section-292005

It shall be the Bidder’s responsibility to immediately notify the Procurement Officer identified in SECTION

2.2.1. PROCUREMENT OFFICER, in writing, regarding any revision to the contact person's information by the Bid submission date. The State shall not be responsible for Bid correspondence not received by the Bidder if the Bidder fails to notify the State, in writing, about any change pertaining to the designated contact person.

2.2.4. CLOUD COMPUTING SERVICES

Per State’s Cloud Smart Computing Policy, Agencies/State entities must first consider CDT Managed Cloud Services or CDT-approved cloud service offerings. These service options include Software as a Service (SaaS), Platform as a Service (PaaS) and Infrastructure as a Service (IaaS).

For this IFB, if an Agency/State entity is planning to utilize cloud services and determines that the use of a CDT-provided cloud service solution is not feasible, the State shall submit an exemption request to CDT for approval. The Cloud Smart Computing Policy exemption process is defined in State Information Management Manual (SIMM), Section 18B.

Upon contract award, if applicable, the Contractor is expected to work with the State team in an effort to comply with the State's Cloud Smart Computing Policy (https://cdt.ca.gov/technology-innovation/cloud-smart/).

2.3. KEY ACTION DATES

Table 2-1: Key Action Dates provides the key action dates and times by which actions must be taken or completed. If the State finds it necessary to change these dates or times, it will be accomplished via an addendum to this solicitation except for dates listed after Bidder’s "Last day to submit the Final Bid."

Dates listed after Last day to submit the Final Bid are estimated and may be adjusted without addendum to this solicitation. All times listed are for Pacific time (PT).

Table 2-1 KEY ACTION DATES

Item Action Date and Time

1. Release of Solicitation March 24, 2025

2. Last day to submit questions using ATTACHMENT 14:

TEMPLATE FOR QUESTION SUBMITTAL

April 8, 2025, at 3:00 PM

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions

March 24, 2025 https://cdt.ca.gov/technology-innovation/cloud-smart/ https://cdt.ca.gov/technology-innovation/cloud-smart/

Table 2-1 KEY ACTION DATES

3. Last day to submit ATTACHMENT 2: INTENT TO BID and ATTACHMENT 3: CONFIDENTIALITY STATEMENT (signed)

April 15, 2025

4. Last day to email Procurement Officer (SECTION 2.2.1.

PROCUREMENT OFFICER) for Final Bid response uploading instructions (Refer to SECTION 6. BID FORMAT AND SUBMISSION REQUIREMENTS for further information).

April 17, 2025

5. Last day to submit the Final Bid and last day to be deemed

OSTP eVAQ approved1 April 22, 2025, at 3:00 PM

6. Evaluation Period April 23 - April 29, 2025

7. Confidential Negotiations with Bidder(s) May 1 - 5, 2025

8. Estimated Contract Start Date June 20, 2025

1All dates after submission of Final Bid are approximate and may be adjusted as conditions indicate, without addendum to this solicitation.

2.4. RULES GOVERNING COMPETITION

This solicitation, the evaluation of responses, and the award of any resultant Contract shall be made in conformance with the provisions set forth in Public Contract Code (PCC) 6611 as they relate to the procurement of telecommunication goods and services by public bodies in the State of California.

2.4.1. IDENTIFICATION AND CLASSIFICATION OF SOLICITATION

REQUIREMENTS

The State has established certain requirements with respect to bids to be submitted by prospective Contractors. The use of “shall,” “must,” or “will” (except to indicate simple futurity) in the solicitation indicates a requirement or condition which is mandatory.

A deviation of any non-negotiable requirement identified in SECTION 2.7. NEGOTIATIONS will disqualify a Bidder from participating in Evaluations, Negotiations and/or Contract Award.

A deviation from other requirements must be resolved to the State's satisfaction prior to or during Negotiations, as requested by the State, and corrected prior to or in the Bidder's Best and Final Offer

(BAFO).

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions

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

2.4.2. SOLICITATION DOCUMENTS

This solicitation document includes, in addition to an explanation of the State’s requirements which must be met, instructions which prescribe the format and content of Bids to be submitted and the model of the Contract to be executed between the State and the successful Bidder.

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this solicitation document, the Bidder shall immediately notify the Procurement Officer identified in SECTION 2.2.1.

PROCUREMENT OFFICER, of such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to SECTION 2.4.6. ADDENDA. Such modifications shall be given by written notice to all parties who have identified themselves as Bidders to the Procurement Officer without divulging the source of the request. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible therefore.

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

2.4.3. EXAMINATION OF THE WORK

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

2.4.4. EXCLUSION FOR CONFLICT OF INTEREST

No consultant shall be paid out of State funds for developing recommendations on the acquisition of public safety/telecommunications or information technology (IT) products or services or assisting in the preparation of the project, feasibility study, project approval lifecycle documents (stages 2, 3, or 4), while in effect, if that consultant is to be a source of such acquisition or could otherwise directly and/or materially benefit from State adoption of such recommendations or the course of action recommended in the project documents, feasibility study or approval lifecycle documents (stages 2, 3, or 4). Further, no consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus IT products if that consultant would directly and/or materially benefit from State adoption of such

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions recommendations.

A consultant shall not be eligible to serve as the Prime Contractor or subcontractor pursuant to this solicitation if the Contractor/subcontractor is currently working on the solicitation in an Independent Verification and Validation (IV & V) role.

2.4.5. CONFIDENTIALITY

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

The Bidder should be aware that marking a document “confidential” or “proprietary” in a Final Bid may exclude it from consideration for award and will not keep that document from being released after notice of award as part of the public record, unless a court has ordered the State not to release the document.

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

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

2.4.6. ADDENDA

The State may modify the solicitation at any time prior to submission of Final Bid by issuing an addendum.

Addenda will be numbered consecutively.

If a Bidder determines that an addendum unnecessarily restricts its ability to bid, the Bidder is allowed five

(5) business days to submit written questions regarding the addendum according to the instructions contained in SECTION 2.2.2. QUESTIONS REGARDING THE SOLICITATION DOCUMENT .

2.4.7. BIDDER'S COST

Costs for developing bids are the responsibility entirely of the Bidder and shall not be chargeable to the State.

State of California Department of Conservation

IFB 24-1-004-1

Part 1 - Bidder Instructions

2.4.8. DISCOUNTS

In connection with any discount offered, except when a provision is made for a testing period preceding acceptance by the State, time will be computed from the date of delivery of the supplies or equipment as specified, or from date correct invoices are received in the office specified by the State if the latter date is later than the date of delivery. When a provision is made for a testing period preceding acceptance by the State, the date of delivery shall mean the date the supplies or equipment are accepted by the State during the specified testing period. Payment is deemed made, for the purpose of earning the discount, on the date of mailing the State warrant or check.

Cash discounts offered by bidders for the prompt payment of invoices will not be considered in evaluating offers for award purposes; however, all offered discounts will be taken if the payment is made within the discount period, even though not considered in the evaluation of offers.

2.4.9. SIGNATURE OF BID

A cover letter shall be considered an integral part of the Final Bid and any bid form requiring signature must be signed by an individual who is authorized to bind the bidding firm contractually. The signature block must indicate the title or position that the individual holds in the firm. An unsigned Final Bid may be rejected.

The draft bid, if applicable, must also contain the cover letter, including the title of the person who will sign, but need not contain the signature.

2.4.10. IRREVOCABLE OFFER

A Bidder’s Final Bid is an irrevocable offer for 180 days following the scheduled date for submission of Final Bid specified in SECTION 2.3. KEY ACTION DATES . A Bidder may extend the offer in the event of a delay of Contract award.

2.4.11. FALSE OR MISLEADING STATEMENTS

Bids which contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the Bid, and the attribute, condition, or capability is a requirement of this solicitation document, it will be the basis for rejection of the Bidder's Bid.

2.4.12. BONDS

The State reserves the right to require a performance bond or other security document as specified in the solicitation from the Bidder for an amount not to exceed the amount of the Contract. In the event the State

State of California Department of Conservation

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2.5. BIDDING STEPS

The procurement process requires a Final Bid (Mandatory), and if requested by the State, a Best and Final Offer (BAFO).

The procurement process to be used in this solicitation is composed of at least one (1) phase of bid development. Refer to SECTION 2.3. KEY ACTION DATES to determine which phases and mandatory steps are included in this solicitation.

2.5.1. FINAL PHASE

The final phase consists of a Final Bid (Mandatory) and, if requested by the State, a BAFO.

The purpose of the final phase is to obtain bids that are responsive in every respect. The Final Bid is a mandatory step for all Bidders.

The Final Bid must be complete and include all cost information, required signatures, and contract changes issued by the State via an addendum, if any. Cost must be submitted as identified in SECTION

6. BID FORMAT AND SUBMISSION REQUIREMENTS. Bidders that submitted Final Bids meeting the criteria identified in SECTION 2.7. NEGOTIATIONS, will be eligible to receive an invitation to negotiate with the State.

The State, at its sole discretion, may request a BAFO from those Bidders that participated in the Negotiation process as identified in SECTION 7.4. NEGOTIATIONS.

2.5.2. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF BIDS

A Bidder may withdraw its Final Bid at any time prior to the Final Bid Submission date and time specified in SECTION 2.3. KEY ACTION DATES , by submitting a written notification of withdrawal signed by an authorized representative of the Bidder in accordance with SECTION 2.4.9. SIGNATURE OF BID. The Bidder may thereafter submit a new or modified bid prior to the respective bid submission date and time specified in SECTION 2.3. KEY ACTION DATES . Modifications offered in any other manner, oral or written, will not be considered. Other than as allowed by law, Final Bids cannot be changed or withdrawn after the deadline date and time designated for receipt, except as provided in the solicitation.

2.5.3. DISPOSITION OF BIDS

All materials submitted in response to this solicitation will become the property of the State of California

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2.6. PROTESTS

This solicitation is being conducted under (PCC) §6611 et seq; protests are not applicable to this solicitation.

2.7. NEGOTIATIONS

The State will conduct negotiations under PCC §6611. The purpose of the negotiation process is to maximize the State’s ability to obtain a value effective solution. The State will use the non-negotiable item(s) below to determine if a Bidder’s Final Bid response is successful and the Bidder is eligible for Evaluation and Negotiations in accordance with SECTION 7. EVALUATION.

1. The Bidder must be deemed OSTP eVAQ approved prior to the Last day to submit the Final Bid submission due date of this IFB, as specified in SECTION 2.3. KEY ACTION DATES .

A Bid received from a Bidder that is deemed non-responsive to the non-negotiable item(s) above shall not be opened or evaluated further.

In addition to the non-negotiable item above, at the discretion of the State, up to three (3) of the lowest cost Bidders may be determined eligible to participate in the negotiation process.

Negotiated items will be determined by the State after Final Bids are evaluated. Any deviation of any requirement must be resolved to the State’s satisfaction prior to or during negotiations, as requested by the State, and corrected in the Bidder’s BAFO, if requested.

3. ADMINISTRATIVE REQUIREMENTS

SECTION 3. ADMINISTRATIVE REQUIREMENTS contains the mandatory administrative requirements that must be met in order to be considered responsive to this solicitation. Most of the administrative bidding requirements for this solicitation are being processed through the electronic Vendor Application of Qualifications (eVAQ). Please refer to SECTION 3.1. PRE-QUALIFIED VENDOR APPLICATION OF QUALIFICATION (EVAQ) for more information.

Unless designated otherwise, all the requirements in this section are mandatory. The documents that must be submitted with the Bidder’s Final Bid are noted as “Mandatory” or “(M)” in this section.

Additionally, SECTION 3. ADMINISTRATIVE REQUIREMENTS contains optional requirements noted as “Optional” or “(O)” that may require documents to be submitted with the Bidder’s Final Bid.

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The administrative requirements listed in this section are denoted as follows:

1. (M) – All sections labeled as “Mandatory” or “M” must be responded to in order to be considered responsive and responsible to these requirements. The responses will be evaluated in accordance with SECTION 7. EVALUATION.

2. (O) – All sections labeled as “Optional” or “O” are not required to be offered by the Bidder in order to be responsive to the solicitation requirements. A Bidder may choose whether to meet administrative requirements labeled as (O) such as those relating to preference(s). However, if a Bidder offers any of these (O) requirements, the Bidder must meet the minimum requirements as stated in the section. The State will review responses to optional requirements and apply calculations accordingly, if applicable, per criteria stated in SECTION 7. EVALUATION.

3.1. PRE-QUALIFIED VENDOR APPLICATION OF QUALIFICATION (EVAQ)

The State’s eVAQ is an external process to this solicitation. The intent of the pre-qualification is to process as much of the administrative requirements required to do business in the State of California in advance to streamline the solicitation process. Bidders are required to have an approved CDT OSTP application on file prior to the Last day to submit the Final Bid and last day to be deemed OSTP eVAQ approved stated in SECTION 2.3. KEY ACTION DATES . The application can be accessed at OSTP VENDOR MAIN - Vendor Portal (eVAQ public facing site): https://cadtprod.service-now.com/vendor.

Failure to have a CDT OSTP approved eVAQ by the last day to submit the Final Bid will disqualify the Bidder's Final Bid from being evaluated further.

If your firm is new to the eVAQ process, account registration is necessary and is free of charge.

It is the Bidder's responsibility to ensure their approved CDT OSTP eVAQ includes all appropriate requirements and provisions for this solicitation.

All questions related to the eVAQ should be addressed to the Procurement Officer listed in SECTION

2.2.1. PROCUREMENT OFFICER.

NOTE: Do not upload the Bidder's Bid to the eVAQ portal.

3.1.1. INCORPORATION OF EVAQ REQUIREMENTS

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

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Verification of a successful OSTP eVAQ certification shall be submitted with the Bidder's Final Bid, ATTACHMENT 4: COVER LETTER, and in accordance with SECTION 3.3. COVER LETTER (M) .

3.2. CONFIDENTIALITY STATEMENT (M)

The Bidder must agree to the State’s confidentiality requirements by submitting a signed ATTACHMENT 3: CONFIDENTIALITY STATEMENT, for the Bidder’s company. The completed confidentiality statement must be submitted with ATTACHMENT 2: INTENT TO BID, as stated in SECTION 2.3. KEY ACTION

DATES .

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

The Bidder will also be required, upon Contract award, to submit a signed ATTACHMENT 3:

CONFIDENTIALITY STATEMENT from all personnel, agents, and subcontractors assigned to the awarded Contract.

3.3. COVER LETTER (M)

The Bidder must complete, sign and submit ATTACHMENT 4: COVER LETTER with its Final Bid.

3.4. ADMINISTRATIVE REQUIREMENTS DOCUMENT (M)

The Bidder must complete and submit ATTACHMENT 5: RESPONSE TO ADMINISTRATIVE REQUIREMENTS. The Bidder must indicate its willingness and ability to satisfy these requirements by responding “Yes” in the “Bidder Agrees Yes/No” column. Answering "No" to any of the mandatory administrative requirements or not submitting the required documents with its Final Bid may result in the Bid being deemed non-responsive.

3.5. PRIMARY BIDDER

An award, if made, will be to a primary bidder. The awarded primary bidder will be responsible for successful performance of all subcontractors and support services offered in response to this solicitation.

All State policies, guidelines, and requirements that apply to the primary bidder also apply to subcontractors, as applicable to the products and services they provide and to their role as a subcontractor. Furthermore, the State will consider the primary bidder to be the sole point of contact regarding contractual matters for the term of the resulting Contract. The bidder shall not assign financial documents to a third-party without prior written approval by the State, and an amendment to the resulting

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Contract.

3.6. SUBCONTRACTORS

It is the Bidder’s responsibility to ensure any subcontractor that the Bidder chooses to use in fulfilling the requirements of this solicitation, and which is expected to receive more than ten percent (10%) of the value of the Contract, also meets all administrative and bid requirements of the solicitation, as applicable to the services provided by the subcontractor.

Nothing contained in the resulting Contract shall create any relationship between the State and any subcontractors, and no subcontract shall relieve the Bidder of its responsibilities and obligations. The Bidder is fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them.

The Contractor shall not change subcontractor(s) and/or DVBE subcontractor(s) if such changes conflict with the work to be performed under this Contract. For DVBE subcontractor changes, the Contractor shall utilize another DVBE subcontractor. The State recognizes that changes to subcontractor(s) may be necessary and in the best interests of the State. However, advance notification of a contemplated change and the reasons for such a change must be made to the State no less than seven (7) business days prior to the existing subcontractor’s termination. If this should occur, the Contractor should be aware that the State Contract administrator or designee must approve any changes to the subcontractor(s) prior to the termination of the existing subcontractor(s). This also includes any changes made between submittal of the Final Bid and the actual start of the Contract.

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

The Bidder’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to pay or to enforce the payment of any money to any subcontractor. The Contractor is solely responsible for any payments to or claims made by subcontractors.

3.6.1. BIDDER DECLARATION FORM (M)

The Bidder must complete and submit ATTACHMENT 6: BIDDER DECLARATION GSPD 05-105, with its Final Bid. When completing the declaration, the Bidder must identify all subcontractors proposed for participation in the Contract. The Bidder awarded the Contract is contractually obligated to use the subcontractors for the corresponding work identified, unless the Agency/state entity agrees to a substitution, and it is incorporated in writing. If the Bidder is not using subcontractors, the Bidder must still complete ATTACHMENT 6: BIDDER DECLARATION GSPD 05-105, answering the applicable questions in the form, and submit it with its Final Bid. The form is available at:

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3.7. STATEMENT OF WORK (M)

ATTACHMENT 1: APPENDIX A - STATEMENT OF WORK (SOW) identifies and describes the tasks and responsibilities of the Contractor and the responsibilities of the State during the term of the Contract.

The Bidder must document its agreement with the State's SOW in its entirety by checking each box on ATTACHMENT 5: RESPONSE TO ADMINISTRATIVE REQUIREMENTS. The Bidder is advised that deviations from the SOW may be the basis for rejection of the Bidder's Bid.

3.8. TELECOMMUNICATION PROVISIONS

The Bidder is advised that deviations from the State approved Terms and Conditions may be the basis for rejection of the Bidder’s Bid.

3.8.1. GENERAL PROVISIONS - TELECOMMUNICATIONS (Revised and Effective 09/19/2019)

The Contract awarded as a result of this solicitation shall automatically incorporate by reference the General Provisions - Telecommunications (Revised and Effective 09/19/2019), which can be found at the found here: https://cadtprod.service-now.com/vendor

3.9. SOCIOECONOMIC PROGRAMS

3.9.1. BIDDER'S PREFERENCE AND INCENTIVE DECLARATION

The Bidder must complete and submit ATTACHMENT 7: BIDDING PREFERENCES AND INCENTIVES, with its Bid. The Bidder must indicate in ATTACHMENT 7: BIDDING PREFERENCES AND INCENTIVES whether it is or is not claiming each preference and/or incentive. Refer to SECTION 7. EVALUATION for details on the amount and application of preference and incentive calculations during Bid evaluation.

3.9.2. SMALL BUSINESS PREFERENCE (O)

§14835 et seq. of the California Government Code requires that a five percent (5%) preference be given to Bidders who qualify as a small business The rules and regulations of this law, including the definition of a small business, or qualifying non-small business, are contained in Title 2, California Code of Regulations, §1896 et seq. The definition of nonprofit veteran service agencies qualifying as a small business is contained in §999.50 et seq. of the Military and Veterans Code.

Completed certification and required support documents must be submitted to the Department of General

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Services Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. of the Final Proposal due date and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

The Bidder must complete and submit ATTACHMENT 7: BIDDING PREFERENCES AND INCENTIVES, and the Bidder Declaration GSPD-05-105 form and submit as ATTACHMENT 6: BIDDER DECLARATION GSPD 05-105, with the Final Bid. If the Bidder is not using subcontractors, the Bidder must complete the Bidder Declaration GSPD-05-105 form answering the applicable questions on the form and submit it as ATTACHMENT 6: BIDDER DECLARATION GSPD 05-105, with the Final Bid. More information regarding the Small Business Preference may be found at:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or- Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

3.9.3. NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE (O)

A five percent (5%) bid preference is available to Bidders who qualify as a non-small business claiming at least 25 percent (25%) California-certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the Bidder’s response must include a list of the small businesses with which the firm commits to subcontract for an amount of at least 25 percent (25%) of the net bid price with one (1) or more California-certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the Contract as defined in Government Code §14838(b)(1)(2).

Bidders claiming the five percent (5%) preference must commit to subcontract at least 25 percent (25%) of the net bid price to one (1) 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 p.m. of the bid due date, and the OSDS must be able to approve the application as submitted.