16-IFB-00669.pdf

16-IFB-00669 Page 2 California Department of Social Services

Table of Contents

Page

A. Purpose and Description of Services

B. Bidder Minimum Qualifications

C. Bid Requirements and Information

1. Key Action Dates

2. Contract Term

3. Subcontractors

4. Submission of Bid

5. Bidder Questions

6. Evaluation and Selection

7. Award and Protest

8. Disposition of Bids

9. Agreement Execution and Performance

10. Small Business Enterprise (SBE)

11. Disabled Veteran Business Enterprise (DVBE)

Participation Program Requirements

12. Declaration Forms

13. Commercially Useful Function (CUF) Questionnaire………

14. Darfur Contracting Act

15. Insurance Requirements…………………………………………………

D. Attachments and Exhibits

Attachment 1 – Required Attachment Checklist Attachment 2 – Bid/Bidder Certification - Bid Sheet Attachment 3 – Bidder References Attachment 4 – Subcontractor References Attachment 5 – Bidder Declaration (GSPD-05-105) Attachment 6 – Disabled Veteran Business Enterprise Declarations (STD 843) Attachment 7 – DVBE Subcontractor Agreement Attachment 8 – Commercially Useful Function Questionnaire Attachment 9 – Darfur Contracting Act

Exhibit 1 – California Disabled Veteran Business Enterprise (DVBE) Bid Incentive

Instructions

Exhibit 2 – Sample Agreement – STD 213

16-IFB-00669 Page 3

A. Purpose and Description of Services

Contractor to provide telephone-based interpretation services for staff in the California Department of Social Services’ offices. Refer to Exhibit 2, Sample Agreement, Exhibit A, Scope of Work for a complete description of services.

B. Bidder Minimum Qualifications

1. Bidder must have at least two years of experience providing telephone-based interpretation services that are comparable, in terms of the scope of work, to the services described in the Exhibit 2, Sample Agreement, Exhibit A, Scope of Work.

2. Bidder must submit, with the bid, a list of at least three business references that includes current and/or former paying clients for whom bidder has provided services similar to those required herein within the last two years, with combined work experience from these references totaling two years. References will be contacted by the CDSS to validate the information provided by the bidder to determine the client’s overall satisfaction with the services provided. Bidder is responsible for notifying their references that CDSS may contact them for reference and performance information.

CDSS will contact references during normal business hours, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. If references cannot be reached, the bid may be deemed non-responsive and rejected. If references obtained are not favorable, the CDSS may reject the bid. Refer to Attachment 3 – Bidder References.

3. Bidder’s corporation must be in good standing and qualified to conduct business in California as verified by the Secretary of State's website: http://www.sos.ca.gov/business/.

C. Bid Requirements and Information

1. Key Action Dates

Event Date Time

IFB available to Prospective Bidders 5/5/16

Written Questions Regarding IFB are Due by 5/12/16 5:00 p.m.

Written Responses to IFB Questions are Due by 5/18/16 5:00 p.m.

Final Date for Bid Submission 5/20/16 2:00 p.m.

Bid Opening 5/20/16 2:05 p.m.

Notice of Intent to Award 5/24/16

Proposed Start Date of Agreement 7/1/16

2. Contract Term

The anticipated term of the resulting agreement is July 1, 2016, or upon approval by CDSS, whichever is later, through June 30, 2018. Should performance commence before the contract is approved, such services may be considered voluntary. The State, at its discretion, during the term of the contract may add funds to complete the identified tasks at the originally agreed upon service rate.

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

16-IFB-00669 Page 4

3. Subcontractors

a. Any subcontractor that the vendor chooses to use in fulfilling the requirements of this solicitation must also meet all the requirements of this IFB including the minimum qualifications.

b. In addition to bidder submitting references per Attachment 3, the bidder must also submit Attachment 4 – Subcontractor References, on behalf of any subcontractors.

References shall include at least three current and/or former clients for whom they have provided services similar in nature to the services described in the SOW.

References will be contacted. Unfavorable reference responses may be cause for bid rejection.

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

4. Submission of Bid

a. All bids must be submitted under sealed cover and received by CDSS by the date and time shown on page 3, Section C, Bid Requirements and Information, paragraph 1, Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, the firm’s name and address, and must be marked with “DO NOT OPEN, DUE May 20, 2016, 2:00 p.m.”, as shown in the following example:

Liane Winter

Contracts and Purchasing Bureau 744 P Street, M.S. 8-14-747

Sacramento, CA 95814

16-IFB-00669 – TELEPHONE-BASED INTERPRETATION SERVICES

DO NOT OPEN

DUE May 20, 2016, 2:00 p.m.

Bids not submitted under sealed cover may be rejected.

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

c. A postmark will not be accepted as meeting the delivery time if the bid is received by the Contracts Bureau after the bid submission deadline. It is the bidder’s responsibility to ensure timely delivery of the bid. Any bid not meeting this requirement will be rejected.

Proposer Warning for Deliveries: CDSS’ internal processing of U.S. mail may add up to 48 hours to the delivery time. If you choose hand delivery, allow sufficient time to locate parking and for visitor security procedures. You will need to provide the security personnel with the name and telephone number of the person to whom the

16-IFB-00669 Page 5 package is to be delivered. Security personnel will not accept delivery. Security will only notify the appropriate staff to accept delivery.

d. Bid Opening: All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read at 2:05 p.m. on May 20, 2016, at the following address:

744 P Street (please call 916-657-2364 for room number)

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

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

g. Mail or deliver bids to the following address:

Liane Winter

Contracts and Purchasing Bureau 744 P Street, MS 8-14-747

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

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

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

k. An individual who is authorized to bind the bidder contractually shall sign Attachment 2 – Bid/Bidder Certification - Bid Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

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

m. A bidder may withdraw its bid by submitting a written withdrawal request to CDSS, signed by the bidder or an authorized agent. A bidder may thereafter submit a new

16-IFB-00669 Page 6 bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

n. CDSS may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

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

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

q. The State does not accept alternate contract language from a prospective contractor.

A bid with such language will be considered a counter proposal and will be rejected.

The State’s General Terms and Conditions (GTC) are not negotiable.

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

5. Bidder Questions

Bidders are required to submit any written questions about this IFB to Liane.Winter@dss.ca.gov no later than May 12, 2016, by 5:00 p.m. All questions and responses will be posted on the eProcurement website and open to all for viewing no later than May 18, 2016, by 5:00 p.m.

6. Evaluation and Selection

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

b. The CDSS will evaluate each bid to determine its responsiveness to the published requirements.

c. Bids that contain false or misleading statements, or (if applicable) which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

d. The final selection will be made on the basis of the lowest responsive responsible bidder as indicated in Attachment 2 – Bid/Bidder Certification - Bid Sheet. In the event there are tie bids by more than one (1) responsive bidder, each bidder will be contacted by the CDSS contact person regarding a date and time for a flip of a coin.

The bidder whose bid was received first will make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin

e. Award, if made, will be to the lowest responsive, responsible bidder. The small business preference shall be applied in accordance with Section 10 of this IFB.

7. Award and Protest

a. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight mailto:Liane.Winter@dss.ca.gov

16-IFB-00669 Page 7 courier, internet transmission, or personal delivery five (5) working days prior to the award of the agreement.

b. Upon written request by any bidder, notice of the proposed award shall be posted in the lobby of the California Department of Social Services, 744 P Street, Sacramento, California, at least five (5) working days prior to awarding the agreement.

c. If any bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and CDSS on the grounds that the (protesting) bidder is the lowest responsive, responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

d. Within five (5) calendar days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the CDSS a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605. A copy of the detailed written statement should be mailed to the attention of the Chief, Contracts and Purchasing Bureau, at CDSS, 744 P Street, MS 8-14-747, Sacramento, CA 95814. It is suggested that any protest be submitted by certified or registered mail.

e. Upon resolution of potential protests and award of the agreement, contractor must complete and submit to CDSS the Payee Data Record (STD 204), to determine if the contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. No payment shall be made unless a completed STD 204 has been returned to CDSS. This form can be found on the internet at: http://www.documents.dgs.ca.gov/osp/pdf/STD204.pdf

f. Upon resolution of the protest and award of the agreement, contractor must sign and submit to CDSS, page one of the Contractor Certification Clauses (CCC) which can be found on the Internet at: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

g. 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.

8. Disposition of Bids

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

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

http://www.documents.dgs.ca.gov/osp/pdf/STD204.pdf http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

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9. Agreement Execution and Performance

The successful bidder, as a potential contractor will receive a letter from CDSS advising the potential contractor of how to proceed along with the Agreement prepared for contractor signature. The letter may request additional information or documentation before the Agreement can be fully executed.

a. Performance shall start not later than five (5) days, or on the express date set by the

CDSS and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the contractor fail to commence work at the agreed upon time, the CDSS, upon five days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between the Contractor’s bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

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

10. Small Business Enterprise (SBE)

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

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

c. Small Business Nonprofit Veteran Service Agencies (SB/NVSA): SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Section

999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference.

d. Attachment with Bid Required if Claiming the Small Business Preference: All bidders must complete and include the Bidder Declaration form GSPD-05-105, Attachment 5. If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price.

All certified small businesses must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

e. Small Business Certification: Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses.

Completed certification applications and required support documents must be submitted to the OSDS no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted. Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must http://www.documents.dgs.ca.gov/pd/smallbus/SBRegulations.pdf

16-IFB-00669 Page 9 possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

11. Disabled Veteran Business Enterprise (DVBE) Participation Program Requirements

The State has established goals for DVBE participating in state contracts. To be considered responsive, bidders must complete and return the Bidder Declaration, GSPD-05-105, Attachment 5 and the DVBE Declarations, STD 843, Attachment 6, as applicable. Failure to complete and submit all required forms with the bid, that fully document and meet the DVBE program requirement, may cause the bid to be rejected.

a. Authority

The DVBE Participation Goal Program for state contracts is established in the Public Contract Code Section 10115 et seq., Military and Veterans Code Section 999 et seq., and California Code of Regulations, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.60 et seq.

b. Instructions

These instructions contain information about the DVBE program requirements, bidder responsibilities, and requirements for performing and documenting the goals.

Bidders are responsible for thorough review and compliance with these instructions.

c. Participation Percentage

The minimum DVBE participation percentage for this solicitation is 3%.

d. Introduction

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

2. All information submitted by the intended awardee to comply with this solicitation’s DVBE requirements will be verified by the CDSS. If evidence of an alleged violation is found during the verification process, the CDSS shall initiate an investigation with this information in accordance with the requirements of the Public Contract Code Section 10115 et seq., Military and Veterans Code Section 999 et seq., and follow the investigatory procedures required by the California Code of Regulations, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.80.

3. Only DVBEs certified by the California Department of General Services (DGS) Office of Small Business and DVBE Services (OSDS) who perform a commercially useful function relevant to this solicitation may be used to satisfy the DVBE program requirements. The criteria for performing a commercially useful function are indicated under the Commercially Useful Function Definition section within this Attachment, Military and Veterans Code, Section 999(b)(5)(B), and California Code of Regulations, Title 2, Division 2, Chapter 3, Subchapter

16-IFB-00669 Page 10

10.5, Section 1896.61(l). Bidders must verify each DVBE subcontractor’s/ supplier’s certification with the DGS/OSDS to ensure DVBE eligibility.

e. Resources and Information

For assistance in preparing a responsive DVBE participation document, please contact CDSS’s DVBE Advocate at (916) 657-3784 regarding this solicitation. To locate certified DVBEs and obtain additional information regarding the DVBE program, please refer to the DGS/OSDS website at http://www.dgs.ca.gov or contact the DGS/OSDS by telephone at (916) 375-4940.

f. Commercially Useful Function Definition

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

(a) The business concern is: responsible for the execution of a distinct element of the work of the contract; carrying out its obligation by actually performing, managing, or supervising the work involved; performs work that is normal for its business services and functions; and is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

AND

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

g. Commitment

1. Non-DVBE Bidder

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

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

1) Bidder Declaration GSPD-05-105 (Attachment 5) included in this solicitation. Failure to complete and submit the Bidder Declaration included in this solicitation may render your bid non-responsive.

16-IFB-00669 Page 11

2) DVBE Subcontractor Agreement (Attachment 7) included in this solicitation. Bidder shall submit a completed DVBE Subcontractor Agreement for each DVBE subcontractor identified in their bid. Only the bidder shall fill out this Agreement and either mail, fax, or email the Agreement to the selected DVBE(s) for signature. Failure to submit the DVBE Subcontractor Agreement included in this solicitation for each DVBE subcontractor identified may render your bid non-responsive.

Each DVBE Subcontractor Agreement will include: the term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, the percentage of the entire contract that will be awarded to the DVBE (minimum 3% unless otherwise specified within this solicitation), and the description of services and/or goods to be performed/supplied by the DVBE subcontractor. If further verification is necessary, the state will obtain additional information to verify the above requirements.

3) Proof of DVBE Certification for each DVBE subcontractor identified on the Bidder Declaration via a printout from the DGS/OSDS BidSync website.

2. Certified DVBE Bidder

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

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

1) Bidder Declaration GSPD-05-105 (Attachment 5) included in this solicitation. Failure to complete and submit the Bidder Declaration included in this solicitation may render your bid non-responsive.

2) Disabled Veteran Business Enterprise Declarations STD 843 (Attachment 6) included in this solicitation. Failure to complete and submit the STD 843 included in this solicitation may render your bid non-responsive.

3) DVBE Subcontractor Agreement(s) (Attachment 7) included in this solicitation. Bidder shall submit a completed DVBE Subcontractor Agreement for each DVBE subcontractor identified in their bid. Only the bidder shall fill out this Agreement and either mail, fax, or email the Agreement to the selected DVBE(s) for signature. Failure to submit the DVBE Subcontractor Agreement included in this solicitation for each DVBE subcontractor identified may render your bid non-responsive.

Each DVBE Subcontractor Agreement will include: the term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, the percentage of the entire contract that will be awarded to the DVBE (minimum 3% unless otherwise specified within this solicitation), and the description of services and/or goods to be performed/supplied by the DVBE subcontractor. If further verification is necessary, the state will obtain additional information to verify the above requirements.

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4) Proof of DVBE Certification via a printout from the DGS/OSDS website: https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

h. Replacement of DVBE Subcontractor(s)

1. Bidder understands and agrees that should award of the contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid, per Military and Veterans Code Section 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the contractor’s bid and approved DVBE substitutions will be documented via a contract amendment.

2. Failure of contractor to seek a substitution and adhere to the DVBE participation level identified in their bid may be cause for contact termination, recovery of damages under rights and remedies due to the CDSS, and penalties outlined in Military and Veterans Code Section 999.9, and Public Contract Code Section 10115.10, or Public Contract Code Section 4110 (applies to public works only).

i. DVBE Participation Reporting Requirements

If for the contract, the awarded contractor makes a commitment to achieve DVBE participation, then the awarded contractor must, within 60 days of receiving final payment under the contract (or within such other time period as may be specified elsewhere in the contract), certify the following in a report to the CDSS: (1) the total dollar amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the total dollar amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military and Veterans Code Section 999.5 (d)).

j. DVBE Incentive This solicitation provides an incentive for DVBE participation. For information about the DVBE incentive, refer to Exhibit 1, California DVBE Bid Incentive Instructions.

12. Declaration Forms

All bidders must complete the Bidder Declaration GSPD-05-105, Attachment 5, and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract.

Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration), Attachment 6. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy at the following website:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

16-IFB-00669 Page 13 www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf. The completed form should be included with the bid response.

13. Commercially Useful Function (CUF) Questionnaire

The Department of General Services (DGS), Procurement Division (PD), is the entity responsible for statewide implementation of Small Business/DVBE program regulations resulting from legislative mandates passed into law. Under Government Code and Military and Veterans Code any California certified Small (SB), Micro (MB) or Disabled Veteran Business Enterprise (DVBE) Suppliers doing business with the state must perform a Commercially Useful Function (CUF). Subsequently, each department’s buyer is held responsible for its CUF compliance procedures and evaluation of a bidder’s activities in response to department solicitations. This applies to Suppliers responding to the department’s solicitations whether prime or subcontractor. CUF must be established prior to making final contract or purchase order award. All new and renewing SB and DVBE applicants must include the completed Attachment 8, Commercially Useful Function Questionnaire, with their submittal.

Bidders must provide a written statement detailing the role and services the subcontractor(s) will provide to meet this requirement.

14. Darfur Contracting Act

All bidders must address the requirements of the Darfur Contracting Act of 2008, Attachment 9, for the reason described in Public Contract Code section 10475-10481.

Any scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for contract with a State agency for goods or services. A scrutinized company is defined in Public Contract Code section 10476. However, bids may be submitted by scrutinized companies if permission is obtained first from the Department of General Services according to the criteria set forth in Public Contract Code section 10477(b).

15. Insurance Requirements

a. Prior to award of the agreement, Contractor shall furnish to the State of California, Department of Social Services, at his/her own expense, a certificate of insurance stating there is:

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

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

This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. In the case of Contractor’s utilization of http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

16-IFB-00669 Page 14 subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insureds under Contractor’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor.

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

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

3. Workers’ Compensation and Employers Liability – Contractor shall maintain statutory workers’ compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. Employer’s liability limits of $1,000,000 are required.

When work is performed on State owned or controlled property the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the State. The waiver of subrogation endorsement is to be provided with the certificate of insurance.

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

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

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

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

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

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

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

i. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligations under the contract.

16-IFB-00669 Attachment 1 California Department of Social Services Page 1 of 1

COMPANY NAME: ___________________________________________________________

REQUIRED ATTACHMENT CHECKLIST

A complete bid or bid package will consist of the items identified below.

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to CDSS. For your bid to be responsive, all required attachments must be submitted. This checklist must be returned with your bid package.

Attachment Attachment Name/Description

_____ Attachment 1 Required Attachment Checklist

_____ Attachment 2 Bid/Bidder Certification and Bid Sheet

_____ Attachment 3 Bidder References

_____ Attachment 4 Subcontractor References

_____ Attachment 5 Bidder Declaration (GSPD-05-105)

_____ Attachment 6 Disabled Veteran Business Enterprise Declarations (STD 843)

_____ Attachment 7 DVBE Subcontractor Agreement

_____ Attachment 8 Commercially Useful Function Documentation

_____ Attachment 9 Darfur Contracting Act Certification

Additional Documentation that must be submitted:

_____ Proof of SB/DVBE Certification (Bidder and Subcontractors, if applicable)

16-IFB-00669 Attachment 2 California Department of Social Services Page 1 of 2

BID/BIDDER CERTIFICATION SHEET – BID SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original signatures. The bid must be transmitted in accordance with the IFB instructions.

Do not return Section C, Bid Requirements and Information (pages 3 through 15) or the “Sample Agreement” at the end of this IFB.

A. Our all-inclusive bid is $_________ PER MINUTE.

B. All required attachments are included with this Bid/Bidder Certification Sheet – Bid Sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification – Bid Sheet May Be Cause for Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

2b. Email Address

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No.

(FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as:

a. California Small Business

Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is di

Completion Instructions for Bid/Bidder Certification Sheet

16-IFB-00669 Attachment 2 California Department of Social Services Page 2 of 2

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 2b, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

16-IFB-00669 Attachment 3

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.

List below three references for services performed within the last two years, with combined work experience from these references totaling two years, for services similar to the scope of work to be performed in this contract.

All fields must be completed and verifiable.

REFERENCE 1

Name of Firm:

Street Address:

City: State: Zip Code:

Contact Person: Telephone Number:

Dates of Service: FROM: TO: Value or Cost of Service:

Brief Description of Service Provided:

REFERENCE 2

Street Address:

City: State: Zip Code:

Contact Person: Telephone Number:

REFERENCE 3

Street Address:

City: State: Zip Code:

Contact Person: Telephone Number:

16-IFB-00669 Attachment 4

SUBCONTRACTOR REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.

List below three references for services performed within the last two years, with combined work experience from these references totaling two years, for services similar to the scope of work to be performed in this contract.

All fields must be completed and verifiable.

REFERENCE 1

Street Address:

City: State: Zip Code:

Contact Person: Telephone Number:

REFERENCE 2

Street Address:

City: State: Zip Code:

Contact Person: Telephone Number:

REFERENCE 3

Street Address:

City: State: Zip Code:

Contact Person: Telephone Number:

16-IFB-00669 Attachment 5

State of California—Department of General Services, Procurement Division

GSPD–05–105 (REV 08/09)

BIDDER DECLARATION

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):

a. Identify current California certification(s) (MB, SB, NVSA, DVBE): or None (If “None”, go to Item #2)

b. Will subcontractors be used for this contract? Yes No (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary.

c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes No

(2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes No N/A

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary):

Subcontractor Name, Contact Person, Phone Number & Fax Number

Subcontractor Address & Email Address

CA Certification (MB,SB, NVSA, DVBE or None)

Work performed or goods provided for this contract

Corresponding % of bid price

Good Standing?

51% Rental?

CERTIFICATION: By signing the bid response, I certify under penalty of perjury that the information provided is true and correct.

Page of

16-IFB-00669 Attachment 5

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 08/09) Instructions

BIDDER DECLARATION Instructions All prime bidders (the firm submitting the bid) must complete the Bidder Declaration.

1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled“None”and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line:

• Microbusiness (MB)

• Small Business (SB)

• Nonprofit Veteran Service Agency (NVSA)

• Disabled Veteran Business Enterprise (DVBE)

1.b. Mark either“Yes”or “No”to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If“Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors.

Bidders certified as MB, SB, NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999 for DVBEs and Government Code Section 14837(d)(4)(A) for small/ microbusinesses.

Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract.

1.c. This item is only to be completed by businesses certified by California as a DVBE.

(1) Declare whether the prime bidder is a broker or agent by marking either “Yes”or“No”. The Military and Veterans Code Section 999.2 (b) defines “broker”or “agent”as a certified DVBE contractor or subcon-tractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.

(2) If bidding rental equipment, mark either “Yes”or “No”to identify if the prime bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A”for “not applicable.”

2. If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Page of ”on the form.

If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Page of ”accordingly.

2. (continued) Column Labels

Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors.

Subcontractor Address & Email Address—Enter the address and if available, an Email address.

CA Certification (MB, SB, NVSA, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on this website (www.eprocure.pd.dgs.ca.gov).

Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontract-ing a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.

Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount.

Good Standing?—Provide a response for each subcontractor listed. Enter either“Yes”or “No”to indicate that the prime bidder has verified that the subcontractor(s) is in good standing for all of the following:

• Possesses valid license(s) for any license(s) or permits required by the solicitation or by law

• If a corporation, the company is qualified to do business in California and designated by the State of California Secretary of State to be in good standing

• Possesses valid State of California certification(s) if claiming MB, SB, NVSA, and/or DVBE status

51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either“N/A”(not applicable),“Yes”or“No”for each subcontractor listed.

Enter “N/A” if the:

• Subcontractor is NOT a DVBE (regardless of whether or not rental equipment is provided by the subcontractor) or

• Subcontractor is NOT providing rental equipment (regardless of whether or not subcontractor is a

DVBE)

Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the contract.

Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the sub-contractor does NOT own at least 51% of the rental equipment (quantity and value) it will be providing.

Read the certification at the bottom of the page and complete the “Page of ” accordingly.

S

Instructions: The disabled veteran (DV) owner(s) and DV manager(s) of the Disabled Veteran Business Enterprise

(DV

TATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS

STD. 843 (Rev. 5/2006)

BE) must complete this declaration when a DVBE contractor or subcontractor will provide materials, supplies, services or equipment [Military and Veterans Code Section 999.2]. Violations are misdemeanors and punishable by imprisonment or fine and violators are liable for civil penalties. All signatures are made under penalty of perjury.

SECTION 1

Name of certified DVBE: DVBE Ref. Number:

Description (materials/supplies/services/equipment proposed):

Solicitation/Contract Number: SCPRS Ref. Number:__________________________

(FOR STATE USE ONLY)

SECTION 2

APPLIES TO ALL DVBEs. Check only one box in Section 2 and provide original signatures.

I (we) declare that the DVBE is not a broker or agent, as defined in Military and Veterans Code Section 999.2 (b), of materials, supplies, services or equipment listed above. Also, complete Section 3 below if renting equipment.

Pursuant to Military and Veterans Code Section 999.2 (f), I (we) declare that the DVBE is a broker or agent for…