1_IFB_STPD_15-001-C_Part_1_Addendum_4.docx

INVITATION FOR BID

IFB STPD 15-001-C

FOR

CALNET 3

SUBCATEGORIES 10.1 and 10.2

SATELLITE SERVICES

04/28/2016 Addendum 4

Issued by:

STATE OF CALIFORNIA

California Department of Technology Statewide Technology Procurement Division PO Box 1810 Rancho Cordova, CA 95741

Disclaimer: The original PDF version and any subsequent addendums of the IFB released by the Procurement Official of this bid 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 IFB in its entirety shall take precedence.

INTENTIONAL BLANK PAGE

04/28/2016 Page vi Addendum 4

TABLE OF CONTENTS

PART 1

GENERAL INSTRUCTIONS

PROGRAM DESCRIPTION

PURPOSE OF THIS INVITATION FOR BID

The purpose of this Invitation for Bid (IFB) is to issue a CALNET 3 Category Solicitation for subcategories 10.1 and 10.2 to those vendors awarded a Prequalified Multiple Award Contract (PMAC). PMAC Contractors that have been awarded PMAC Contracts for Subcategories 10.1 or 10.2 may participate in the bidding of this IFB STPD 15-001-C (IFB-C) for the Subcategories which they have qualified for. Interested bidders may participate in this IFB-C process, but must be awarded a PMAC for either 10.1 or 10.2 prior to the Key Action Date for submission of Final Bids related to this IFB-C.

PMAC Contractors awarded a Contract as a result of this IFB will be allowed to solicit customer orders based on their awarded dollar threshold (Awarded Procurement Value). This IFB is issued independently of other CALNET 3 Category solicitations. The services sought by this IFB consist of the following Request for Qualification Proposal (RFQP) Subcategories:

It is the State’s intent to award each Subcategory to multiple vendors as a result of this solicitation. Bids for each Subcategory will be evaluated and awarded separately from any other Subcategory. All awards will be based on lowest cost evaluation as described in Section 4, Bid Evaluation, of this IFB.[footnoteRef:2] The result of this IFB solicitation will be to establish a list of Contractors and an associated list of services and prices for the above listed Subcategories. Additionally, this IFB will establish specific Service Level Agreements, Business Requirements, Technical Requirements, Special Terms and Conditions, and other relevant conditions for awarded Contractors. Issuance of this IFB does not commit the State of California to award a Contract. The State reserves the right to reject any or all proposals received, or parts thereof, if the State determines that it is in the State’s best interest to do so. [2: All references in this IFB to Section numbers are to sections within this IFB document unless otherwise stated. Examples of stated exceptions would be a reference to a SOW Section number, a SOW Appendix Section number, or a California State code or regulation section number.]

BACKGROUND

All nonexempt State of California agencies are presently required by policy to utilize the CALNET Contracts to obtain mandated telecommunications and network services, unless otherwise authorized by the California Department of Technology (CalTech). Exempt State agencies are encouraged, but are not required, to use the CALNET contracts to purchase mandatory services. Non-State agencies, i.e., California local jurisdictions (cities, counties, special districts, and other tax supported entities) may also use the CALNET contracts by completing an Authorization To Order (ATO) agreement. However, local agencies are not required by the State to use the CALNET Contracts.

CURRENT AND PROPOSED ENVIRONMENT

Various State agencies have contracted for satellite services for their own use. The voice and data satellite services being bid in this IFB are similar to, but are not identical to, those presently contracted by these agencies. These existing contracts are scheduled to expire before the end of 2016, and the CALNET 3 Subcategory 10.1 and Subcategory 10.2 contracts are anticipated to replace the existing contracts. The use of the CALNET 3 satellite Contracts will be required for mandated State agencies, and will also be available for use by non-mandated State and local agencies throughout California.

The State of California currently uses approximately 500 handheld satellite phones, 26 MSAT G2 locations and approximately 100 BGAN installations. Additional satellite phones and terminals are likely to be added in the future.

For reference, these services are categorized as follows:

· Satellite phones used for Iridium mobile satellite voice services;

· Satellite phones used with Inmarsat satellite voice services;

· Satellite phones and terminals used with LightSquared satellite voice services (Talk groups are in use); and,

· BGAN terminals used with Inmarsat satellites.

The State has five (5) or more agencies, with existing 90 fixed sites and 30 transportable units within California, that utilize satellite data services on a routine and emergency basis. Many locations use iDirect modems to provide the voice, data and video connections for routine services, training, and emergency communications.

CALNET 3 will allow for PMAC awarded Contractors to compete in all awarded Categories/Subcategories resulting in multiple awards. As described in RFQP 12-001 Sections I and I.A, Contracts awarded as a result of IFB STPD 15-001-C shall not in and of itself guarantee revenue or Customer orders for services. Prices established through the CALNET 3 awards, including a State administrative fee, shall be the maximum allowed price. Contractors may lower their prices to be competitive, but they may not increase their prices beyond their CALNET 3 approved rates.

The CALNET CMO may directly purchase services on behalf of State Agencies.

The CALNET 3 Contracts awarded as a result of this IFB will be managed by the State’s CALNET 3 Contract Management and Oversight (CALNET 3 CMO). The CALNET 3 CMO will oversee adherence to the CALNET 3 awarded terms and conditions, provide ongoing cost effective analysis, and manage or oversee service deployments including Contractor provisioning, maintenance of services, and other related services as may be required. The CALNET 3 CMO will control the CALNET 3 Contractors’ ability to offer and the Customers’ acquisition and use of services through issuance of a Customer User Guide, delegation of authority to purchase and approval to order (e.g., see Attachment 4, ATO), designation of required or mandated services (including exemptions), and establishment of other CALNET 3 Customer policies and instructions.

TERM OF CONTRACT

The initial term of the contracts awarded as a result of this IFB shall end not later than June 30, 2018 with two (2) one-year options to extend. Extensions will be exercised at the sole discretion of the State and shall not be denied by the Contractor.

BIDDING INSTRUCTIONS

COMMUNICATIONS AND CONTACTS

The California Department of Technology (Department of Technology), Statewide Technology Procurement Division (STPD) uses an online procurement system known as Cal eProcure to communicate with perspective Bidders and suppliers. Information and ongoing communications for this IFB will be posted by the State on the Cal eProcure website, https://caleprocure.ca.gov. In order to ensure communication, it is important that Bidders submit Exhibit 1, Intent to Bid, to the Procurement Official listed in Section 2.1.1 by the date identified in Section 2.2, Key Action Dates. Submittal of the Intent to Bid may be via email. Bidders must notify the Procurement Official whenever their intent to bid changes or whenever there is a change in the Bidder’s designated contact information.

Only questions submitted in writing and answered in writing by the Procurement Official shall be considered official. Any changes to the requirements, if made, will be via an addendum to the IFB, as described in Section 2.4.7, Addenda. Only changes made via an addendum shall be binding. Written questions must be submitted by email to the Procurement Official identified in Section 2.1.1, Procurement Official. Bidders are requested to use IFB Attachment 5, Form for Submitting Questions. The State will respond to all written questions submitted by the due dates as stated in Section 2.2, Key Action Dates, with all questions and answers posted to Cal eProcure in the form of a Question and Answer set. Questions received after the dates indicated will only be answered by the State as time allows as solely determined by the State, and therefore may remain unanswered. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

A Bidder that desires clarification or further information on the content of the IFB, but whose questions relate to the proprietary aspect of that Bidder’s proposal and which, if disclosed to other Bidders, would expose that Bidder’s proposal to its disadvantage, may submit such questions in the same manner as above, but also marked “CONFIDENTIAL”, and not later than the scheduled dates specified in Section 2.2, Key Action Dates, to ensure a response. The Bidder must explain why any questions are sensitive or proprietary in nature. If the State concurs with the Bidder that the disclosure of the question or answer would expose the proprietary nature of the proposal, the question will be answered directly to the Bidder in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered in this manner and the Bidder will be so notified. The Bidder may then waive is claim of Confidentiality if it desires the State to provide an answer.

Oral communications of department officers and employees concerning this IFB shall not be binding on the State and shall in no way excuse the Bidder of any obligations set forth in this IFB.

Procurement Official The California Department of Technology’s Procurement Official is the State’s designated authorized representative regarding this procurement.

Bidders are directed to communicate with the Procurement Official at the address below to submit questions, deliver Bids, and submit all other formal correspondence regarding this procurement.

Hand Delivered Bid, Parcel Post (FedEx, UPS, etc.)

United States Postal Service

(USPS)

California Department of Technology Statewide Technology Procurement Division Attn: Ricardo Jarquin 10860 Gold Center Drive, Suite 200 - Security Desk Rancho Cordova, CA 95670

California Department of Technology Statewide Technology Procurement Division Attn: Ricardo Jarquin Mail Stop Y12 P.O. Box 1810

Ricardo Jarquin, Procurement Official Phone: (916) 431-4109 Fax: (916) 431-55295533 E-mail address: ricardo.jarquin@state.ca.gov

KEY ACTION DATES

Key Action Dates provided in Table 1 contains pertinent 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 IFB with the exception of dates listed after the Bidder’s Submission of Final Bids. Dates listed after the Bidder’s Submission of Final Bids are estimated and may be adjusted without addendum to this IFB. All times listed are for Pacific Time.

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

Table 1: Key Action Dates

3/03/2016

Friday , 05/06/2016, 3:00 PM

Location: California Department of Technology Second Floor Security Desk to Check-In 10860 Gold Center Drive Rancho Cordova, CA 95670 TBD*, see Section 4.2.5

*Based on number of Bids received and time required for Evaluation. Each bidder will be notified of a revised schedule if an adjustment occurs.

ADMINISTRATIVE REQUIREMENTS

All requirements listed in this Section with an (M) are Mandatory and not negotiable. Bidders must indicate their willingness and ability to satisfy these requirements by marking “Yes” to the “Bidder agrees Yes/No” on Exhibit 3, Response to Administrative Requirements. Answering “No” to any of the Mandatory Administrative Requirements (M) in the Final Bid will result in the bid being deemed non-responsive, and therefore disqualified.

Incorporation of PMAC Requirements and General Provisions (M) Bidders are advised that all Contracts awarded as a result of this IFB shall automatically incorporate by reference all Requirements, Terms and Conditions and General Provisions of the Bidder’s awarded Prequalified Multiple Award Contract (PMAC).

Special Terms and Conditions (M) Special Terms and Conditions shall be incorporated within the Contracts awarded as a result of this IFB. These Special Terms and Conditions are provided in this IFB’s Statement of Work (SOW), Appendix C.

Confidentiality Statement (M) Bidders must agree to the State’s confidentiality requirements by submitting a signed Exhibit 2, Confidentiality Statement, as indicated in Section 2.2, Key Action Dates.[footnoteRef:8] The Confidentiality Statement applies to all CALNET 3 Customer information, and all references in the Confidentiality Statement to the California Department of Technology apply equally to individual CALNET 3 Customer entities as appropriate. [8: Exhibit 2, Confidentiality Statement, must be included within Bidder’s Final Bid if it has not been submitted to the Procurement Official prior to the Final Bid date.]

Primary Bidder (M) Each award, if made, will be to a primary Bidder. Each selected primary Bidder will be responsible for successful performance of all Subcontractors and support services offered in response to this Bid. Furthermore, the State will consider each primary Bidder to be the sole point of contact regarding contractual matters for the term of the resulting Contract. The Bidder shall not assign financial documents to a third-party without prior written approval by the State, and an amendment to the resulting Contract.

Subcontractors (M) Any Subcontractor that the Bidder chooses to use in fulfilling the requirements of this IFB, and which is expected to receive more than fifteen percent (15%) of the estimated gross annual revenue of the Contract, must also meet all Administrative Requirements and Business and Technical Requirements of the IFB, as applicable to the services provided, and must be approved in advance by the State.

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 any of them.

CALNET 3 CMO written approval shall be required for the replacement of any subcontractor:

1) Identified as expected to receive 15% or more of the estimated gross annual revenue of the contract;

2) Validation that replacement is a DGS certified DVBE (see Section 2.3.12) as applicable; and,

3) When the Bidder is claiming at least 25% California certified small business subcontractor participation (see Section 2.3.11) and the subcontractor is a named DGS certified small business, provide validation as applicable.

The Contractor shall not change a Subcontractor if such changes conflict with the work to be performed under this Contract. For DVBE Subcontractor changes, the Contractor shall utilize another DVBE Subcontractor. For DGS Small Business subcontractor changes, the Contractor shall ensure that 25% of the revenue will continue to go to DGS Small Businesses if the Small Business preference was awarded based on 25% subcontracting per Section 2.3.11. The State recognizes that changes to Subcontractor(s) may be necessary and in the best interests of the State, however, advance notification of a contemplated change and the reasons for such change must be made to the State no less than seven (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 Subcontractors prior to the termination of existing Subcontractors agreements. This also includes any changes made between submittal of the Final Bid and actual start of the Contract.

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

The Contractor’s obligation to pay its Subcontractors is an independent obligation from the State’s obligation to pay 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.

Contractor’s License (M) Contractors and Subcontractors performing cable and/or wiring installation work or structural modifications for the State are required to have the appropriate State Contractor's License. The License must be in the name of the company or the name of the "qualifying individual" of the company. Bidders are to complete Exhibit 8, Contractor’s License Information, as applicable and if no license is required it should be noted on the exhibit.

A Bid that does not contain the above information, or if the information is later proven false, may be considered non-responsive and may be rejected by the State.

Workers’ Compensation (M) The Prime Contractor shall maintain statutory Workers’ Compensation for all its employees who will be engaged in the performance of the Contract, and agree to furnish the State satisfactory evidence thereof at the time the State may so request. The Bidder is required to sign Exhibit 4, Workers’ Compensation Certification, and submit it with the Bid response.

Service Taxes, Fees, Surcharges and Surcredits (M) The Bidder agrees to comply with FCC, CPUC and other jurisdictional taxes, fees, surcharges and surcredits (Fees) per SOW Appendix C, Special Terms and Conditions – Telecommunications, Section T, Service Taxes, Fees, Surcharges and Surcredits, and SOW Business Requirements Section B.5.8, Service Taxes, Fees, Surcharges, and Surcredits. Any addition or changes will be implemented in accordance with those sections.

No more than 30 calendar days following Contract award, Bidders shall submit Exhibit 9, Service Taxes, Fees, Surcharges and Surcredits, that identifies all regulatory service taxes, fees, surcharges and surcredits that they plan to include on their invoices.

Darfur Contracting Act of 2008 (M) Effective January 1, 2009, all State of California Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the State of California Darfur Contracting Act of 2008. (Public Contract Code sections 10475-10481).

Public Contract Code section 10478 (a) required a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. Bidders must complete and return Exhibit 5, Darfur Contracting Act of 2008, with the Bidder’s Final Bid submittal.

Iran Contracting Act of 2010 (M) Division 2, Part 1, Chapter 2.7 of the California Public Contract Code (PCC) is the Iran Contracting Act of 2010 (Act). This Act requires at §2203 that no one shall submit a bid for a contract, or enter into or renew a contract, with a public entity for goods or services valued at $1,000,000 or more if that person (i.e., Bidder or Contractor) engages in investment activities of $20,000,000 or more as described in PCC §2202.5 pursuant to all provisions of the Act. The Act, at §2204 requires Bidders to certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of PCC §2203 as a person engaging in investment activities in Iran described in subdivision (a) of PCC §2202.5, or as a person described in subdivision (b) of PCC §2202.5, as applicable. Bidders are therefore required to complete Exhibit 6, Iran Contracting Act of 2010, and submit it with their Final Bid, and again each time their awarded contract is renewed.

Small Business Preference Sections 14835, et seq. of the California Government Code requires that a five percent (5%) preference be given to Bidders who are certified by the Department of General Services (DGS) as a Small Business, or to Bidders who are not certified by DGS as a Small Business but claim at least twenty-five percent (25%) California certified Small Business Subcontractor participation. The rules and regulations of this law, including the definition of a Small Business, or qualifying non-Small Business, are in California Code of Regulations, Title 2, Sections 1896, et seq. Small Business Nonprofit Veteran Service Agency (SB/NVSA) prime Bidders that are California Small Business certified and meet the requirements under Military and Veterans Code sections 999.50, et seq. are eligible for the five percent (5%) Small Business preference.

More information regarding the Small Business preference may be found at: www.dgs.ca.gov/pd/Programs/OSDS.aspx The Small Business Preference is optional on the part of the Bidder (not mandatory), is for Bid evaluation purposes only, and does not alter the amount of the awarded Contracts. If a Bidder is claiming the Small Business preference, it must complete and submit as part of its Final Bid response, Exhibit 10, Bidding Preferences and Incentives and Exhibit 12, GSPD-05-105 Bidder Declarations, also available at: www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf. Bidders that are not DGS certified Small Businesses but who are claiming the Small Business preference based on subcontracting at least twenty-five percent (25%) of their awarded revenue to DGS certified Small Businesses must complete and submit as part of the Final Bid response, Exhibit 14, Commercially Useful Function Statement, for each Small Business subcontractor.

A Bidder claiming the Small Business Preference by using DGS certified Small Business Subcontractors shall be contractually obligated to use those Subcontractors for the corresponding work identified, unless the State agrees in writing to a substitution per 2 CCR §1896.10.

The maximum bid preference allowed individually may not exceed $50,000 for any bid, and the combined cost of preferences granted may not exceed $100,000.00 total. In combination with any other preferences (TACPA, SB, non-SB subcontracting participation, etc.), the maximum limit of the combined preferences is 15% of the bid amount and, in no case, more than $100,000.00 per bid, whichever is less.

Certification applications and required support documents must be submitted to the DGS Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the Final Bid due date; and the OSDS must be able to approve the application as submitted. Bidders may contact the OSDS at (916) 375-4940 for any information or questions concerning certification.

DVBE Program and Incentive For the purpose of this solicitation the DVBE program participation requirement has been waived, but the DVBE Incentive is still applicable.

DVBE incentives will be applied pursuant to California Code of Regulations (CCR), Title 2, §§1896.99.100 and 1896.99.120. The incentive will be applied during the evaluation process, and will only be applied to responsive bids from responsible Bidders providing at least one percent (1.00%) DVBE participation. The incentive amount is based on a scale under which Bidders obtaining higher levels of participation qualify for greater incentive amounts, according to Table 2, DVBE Incentive Scale, below. The minimum incentive amount for this IFB is one percent (1.00%), with a maximum incentive amount of two percent (2%). The incentive amount shall not exceed 2% or $100,000, whichever is less. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

Table 2: DVBE Incentive Scale

The awarded DVBE incentive will be applied by reducing the bid price by the amount of incentive as computed from the lowest responsive bid submitted by a responsible Bidder. The computation is for evaluation purposes only.

Application of the incentive shall not displace an award to a Small Business with a Non-Small Business. If the lowest responsive bid is from a responsible California certified Small Business, the only Bidders eligible for the incentive will be California certified Small Businesses.

Claiming a DVBE Incentive is optional on the part of the Bidder (not mandatory), is for Bid evaluation purposes only, and does not alter the amount of the awarded Contracts. Bidders claiming a DVBE incentive must complete Exhibit 12, GSPD-05-105 Bidder Declarations, also available at www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf, and Exhibit 11, STD 843 Disabled Veteran Business Enterprise Declaration, also available at www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf. Bidders who are claiming the DVBE Incentive based on subcontracting to DSG certified DVBEs must also complete and submit as part of the Final Bid response, an Exhibit 14, Commercially Useful Function Statement, for each DVBE subcontractor.

A separate STD 843 must be completed by California-certified DVBE owners and managers of each DVBE firm that will be participating in the awarded purchase document.

A Bidder claiming the DVBE Incentive by using DGS certified DVBE Subcontractors shall be contractually obligated to use those Subcontractors for the corresponding work identified, unless the State agrees in writing to a substitution.

Commercially Useful Function (M) All Contractors, Subcontractors and suppliers identified in the bid response used to fulfill the requirements for one or more of the socio-economic programs (e.g., Small Business Preference or DVBE Incentive) must perform a Commercially Useful Function (CUF) in the resulting Contract. As stated in Military and Veterans Code section 999(b)(5)(B) and Government Code section 14837(d)(4)(A) for the DVBE and small business programs, a business performing a Commercially Useful Function is one that does all of the following:

Is responsible for the execution of a distinct element of the work of the Contract.

Carries out its obligation by actually performing, managing, or supervising the work involved.

Performs work that is normal for its business, services and function.

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

Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

A Contractor, Subcontractor, or supplier will not be considered to perform a commercially useful function if the Contractor’s, Subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of Small Business or DVBE participation.

The Bidder must provide a written statement detailing the role, services, and/or goods the DGS certified Small Business or Micro Business, or DVBE subcontractor(s) will provide to meet the CUF requirement by completing Exhibit 14, Commercially Useful Function Statement, for each Subcontractor identified on the Bidder’s Exhibit 12, GSPD-05-105 Bidder Declarations, which is identified as a DGS certified Small Business or as a DGS certified DVBE, and submit it with the Final Bid. 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 in Exhibit 14 with the proposal may be grounds for rejection of a Small Business or a DVBE Incentive claim.

Target Area Contract Preference Preference will be granted to the California-based Bidders in accordance with Government Code section 4530 whenever agreements for goods and services are in excess of $100,000 and the Bidder meets certain requirements, as defined in the California Code of Regulations (Title 2, section 1896.30), regarding labor needed to produce the goods or provide the services being procured. The Target Area Preference is optional on the part of the Bidder (not mandatory), is for Bid evaluation purposes only, and does not alter the amount of the awarded Contracts. Bidders desiring to claim Target Area Contract Preference Act (TACPA) preference shall complete Exhibit 13, STD 830 Target Area Contract Preference Act - Preference Request for Goods and Services, and submit it with the Final Bid. STD 830 is also available at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf. Additional instructions are provided on the form.

The maximum bid preference allowed individually may not exceed $50,000 for any bid, and the combined cost of preferences granted may not exceed $100,000.00 total. In combination with any other preferences (TACPA, SB, non-SB subcontracting participation, etc), the maximum limit of the combined preferences is 15% of the bid amount and, in no case, more than $100,000.00 per bid, whichever is less.

Declaration Forms (M) All bidders must complete an Exhibit 12, Bidder Declaration GSPD-05-105 for each Category/ Subcategory being bid and include it with the final bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract.

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

Intentionally Deleted Phase 3 Customer Orders (M) Customers will place orders using STD. Form 20’s (see this IFB’s Attachment 3). The State will provide User Instructions and assign criteria for ordering against the Phase 2 Category Contracts. In some cases Customers may be required to solicit competitive offers from awarded CALNET Contractors who have qualified for the Category and Subcategory, at the Procurement Value associated with the Customer’s project. Customers may solicit offers from multiple CALNET Contractors even when there is not a requirement to do so. Contractors may offer prices that are less than their CALNET 3 Contract maximum pricing in accordance with Individual Price Reduction (IPR) provisions in the SOW Special Terms and Conditions, Section N, and the Business Requirements, Section B.7.

For clarification purposes, as defined in the General Provisions-Telecommunications Section 14, unless otherwise stated, the following Order of Precedence shall apply.

ORDER OF PRECEDENCE

In the event of any inconsistency between the articles, attachments, specifications or provisions which constitute this Contract, the following order of precedence shall apply:

1. The PMAC STD 213 Standard Agreement, and any amendments thereto.

1. The PMAC General Provisions - Telecommunications and any amendments thereto, (unless otherwise specified in the contract whereas replacing paragraphs via the contract shall take precedence over the replaced PMAC General Provision paragraphs).

1. The STD 213 Standard Agreement, and any amendments thereto, issued as a result of IFB STPD 15-001-C.

1. IFB STPD 15-001-C’s Statement of Work (SOW) including, in the following order of precedence:

1. Appendix C, Special Terms and Conditions – Telecommunications.

1. The specifications and requirements contained in the solicitation documentation (i.e., IFB STPD 15-001-C and its Statement of Work (SOW) including Business and Technical Requirements, and Appendix A, Glossary).

1. The State approved Catalog A and any amendments thereto, as identified in IFB Section 3.3.2.7, SOW Catalog A.

1. The Contractor’s response to meet or exceed the specifications and requirements in the solicitation as stated in their Bid or Proposal. (The parties acknowledge and agree that silence in the Bid or Proposal with respect to a particular solicitation specification or requirement equals consent by Contractor.)

1. All other documents incorporated in the Contract by reference.

1. All regulatory filings made pursuant to the terms and conditions of this Contract.

1. Authorization to Order (ATO) form for services to local government jurisdictions.

1. The Scope of Work as may be issued by authorized Customers, including in the following order of precedence:

1. The specifications and requirements contained in the solicitation documentation.

1. The Contractor’s response to meet or exceed the specifications and requirements in the solicitation as stated in their offer. (The parties acknowledge and agree that silence in the offer with respect to a particular solicitation specification or requirement equals consent by Contractor.)

1. The service order form, STD 20 Telecommunications Service Request, and related ordering documents such as STD 65 and Work Authorizations.

Phase 3 Performance Bond Notice (M) Phase 3 solicitations may require a performance bond for special construction or project values over $500,000. If required, the solicitation will identify the specific amount or percentage values of the required bond. In such cases, Contractors will be required to submit a performance bond or letter of bondability with their response to the solicitation.

Phase 3 Public Works Requirements (M) For all instances where Customer orders for services require the Contractor to perform Public Works as defined by California Labor Code section 1720, the Contractor shall comply with the following requirements for that work:

1) In accordance with the provisions of section 1773 of the California Labor Code, except as allowed in section 1771, the Contractor shall conform and stipulates to the general prevailing rate of wages, including employer benefits as defined in section 1773.1 of the California Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment of materials purchased under the Customer order.

Pursuant to section 1770 of the California Labor Code, the Department of Industrial Relations (DIR) has ascertained the general prevailing rate of wages in the county in which the work is to be done, available at:

www.dir.ca.gov/oprl/DPreWageDetermination.htm. The Department of Industrial Relations, Prevailing Wage Unit may be contacted at www.dir.ca.gov or (415) 703-4774.

2) Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on STD 807 when the order involves public works expenditure (labor/installation costs) in excess of $25,000. Such bond shall be in a sum not less than one-half the order price for the public works portion of the labor/installation costs. Forms will be made available to the Contractor.

3) Each participating Prime Contractor that submits a public works offer shall provide a list of proposed Subcontractors (Public Works), with its offer or indicate that none are to be used. The State reserves the right to approve or object to the use of proposed Subcontractors on the list.

4) Each participating Prime Contractor that submits a public works offer must certify that it is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing with the performance of work of this Contract. A Workers’ Compensation Certification must be completed and submitted with an original signature with the Contractor’s offer.

5) Laws To Be Observed

a) Labor Pursuant to section 1775 of the California Labor Code and except as allowed in section 1771, the Contractor shall, as a penalty to the State or political subdivision on whose behalf the order is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid by the Contractor, or its Subcontractor, less than the prevailing wage so stipulated; and in addition, the Contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly registered apprentices.

Pursuant to sections 1810-1815 of the California Labor Code, inclusive, it is further agreed that the maximum hours a worker is to be employed is limited to eight (8) hours a day and 40 hours a week and the Contractor shall forfeit, as a penalty to the State, $25 for each worker employed in the execution of the Contract for each calendar day during which a worker is required or permitted to labor more than eight (8) hours in any calendar day or more than 40 hours in any calendar week, in violation of sections 1810-1815 of the California Labor Code, inclusive.

b) Travel and Subsistence Payments The Contractor shall pay the travel and subsistence of each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with California Labor Code section 1773.8.

c) Apprentices Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Code of Regulations, section 200 et seq. Each Contractor and/or Subcontractor must, prior to commencement of the public works Contract, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, CA, or one of its branch offices to ensure compliance and complete understanding of the law regarding apprentices and specifically the required rationale there under. Responsibility for compliance with this section lies with the prime Contractor.

d) Payroll The Contractor shall keep an accurate payroll record showing the name, address, Social Security Account Number, work classification and straight time and overtime hours worked by each employee. A certified copy of the employee’s payroll record shall be made available for inspection as specified in section 1776 of the California Labor Code.

Equipment (M) All equipment offered must be new and the latest model in current production. USED, SHOPWORN, REFURBISHED, DEMONSTRATOR, PROTOTYPE OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.

Federal Universal Service Fund (M) Federal Grant programs available to schools and libraries under Universal Service Fund require suppliers to be certified as a Universal Service Administrative Company (USAC) and to meet federal requirements for timeliness and accuracy in processing E-Rate requests and invoicing. Since qualified Entities may use the CALNET 3 Contracts for purchases that are supported by the Federal Universal Service Fund, successful CALNET 3 Contractors shall be responsible for all federally required forms when utilizing the CALNET 3 Contracts for such transactions, including FCC Form 473, Service Provider Annual Certification Form, and FCC Form 498, Service Provider Identification Number and Contact Information Form.

Amendment (M) Any Contract executed as a result of this IFB, may be amended, consistent with the terms and conditions of the PMAC and by mutual consent of both parties (with the exception of exercised Term options), subject to approval by the Statewide Telecommunications Procurement Division under Public Contract Code 12100.

Availability (M) If at any time after award of this contract, the Contractor becomes unable to provide any part of its contracted services, the Contractor must, within ten (10) Business Days, notify the State in writing to seek a potential resolution, and if appropriate, propose a replacement of those services which it can no longer provide. The replacement must be at no cost to the State, and shall be equivalent to or exceed the proposed service which was previously offered and accepted by the State in the Contractor’s Final Bid or awarded Contract.

The State reserves the sole right to determine if the proposed replacement is acceptable. An inability to provide a mandatory requirement may be grounds for Contract termination in whole or in part.

BIDDING RULES

Rules Governing Competitive Bidding This IFB, the evaluation of responses, and the award of any resultant Contracts shall be made in conformance with current competitive bidding procedures as they relate to the procurement of goods and services by public bodies in the State of California.

Identification and Classification of IFB 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 IFB indicates a requirement or condition which 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,[footnoteRef:9] amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived. [9: The word "bid" as used throughout is intended to mean "proposed," "propose" or "proposal" as appropriate.]

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.

Irrevocable Offer A Bidder's Final Bid is an irrevocable offer for 120 days following the scheduled date for Contract award specified in Section 2.2, Key Action Dates. A Bidder may extend the offer in the event of a delay of Contract award.

IFB Documents This IFB includes, in addition to an explanation of the State’s needs which must be met, instructions which prescribe the format and content of Bids to be submitted and the model(s) of the Contract(s) to be executed between the State and the successful Bidder(s).

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this IFB, the Bidder shall immediately notify the Procurement Official identified in Section 2.1.1, Procurement Official, of such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to Section 2.4.7, Addenda, below. Such clarifications shall be given by written notice to all parties who have identified themselves as Bidders to the Procurement Official identified in Section 2.1.1, Procurement Official, without divulging the source of the request for same. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible therefore.

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

Examination of the Work The Bidder should carefully examine the entire IFB and any addenda thereto, and all related materials and data referenced in the IFB 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.

Protests of Bid Requirements Prior to the “Last Day to Protest IFB Requirements” indicated in Section 2.2, Key Action Dates, a Bidder may formally protest a requirement of the IFB. Before a protest of IFB requirements is submitted, the Bidder is expected to make full and timely use of the question and answer process and other procedures as they may be offered in this IFB including submission of requests to change the IFB’s requirements as…