2_2024_Renewable_RFP_10197761_Attachment_1-6_RFP.pdf

DEPARTMENT OF WATER RESOURCES

REQUEST FOR PROPOSAL

FOR

RENEWABLE ENERGY RESOURCES

RFP NO. 10197761

January 31, 2024 ii

Table of Contents ........................................................................................... Page

1.0 INTRODUCTION

2.0 PRODUCT

2.1 Power Purchase Agreement (PPA) 1

2.2 Product Description 1

2.3 Delivery Period 2

2.4 Contract Capacity and Quantity 2

2.5 Delivery Point 2

2.6 Contract Price 2

2.7 Terms and Conditions of Power Purchase and Sale 3

3.0 RFP SCHEDULE AND CONTACT

3.1 Deadline 3

3.2 Anticipated RFP Schedule 3

3.3 Communication 4

4.0 PROPOSAL SUBMISSION

4.1 Required Documents 4

4.2 Submission Process 4

4.3 Post-Submission Modification and/or Withdrawal 6

4.4 Confidential or Proprietary Proposer Information 6

5.0 PROPOSAL EVALUATION AND SELECTION

6.0 AWARD

7.0 CALIFORNIA ENVIRONMENTAL QUALITY ACT

8.0 RUSSIA SANCTIONS

9.0 ADDITIONAL REQUIREMENTS

Attachment 1 – Proposal Checklist Attachment 2 – Proposal/Proposer Certification Sheet Attachment 3 – Statement of Veracity and Authorization Attachment 4 – DARFUR Contracting Certification Attachment 5 – IRAN Contracting Act

5.1 Summary 7

5.2 Evaluation 7

iii

Attachment 6 – California Civil Rights Laws Attachment Attachment 7 – State Preference/Participation Programs Attachment 8 – Proposal Minimum Qualifications Form (See Excel Spreadsheet) Attachment 9 – Proposer Detailed Information Form (See Excel Spreadsheet) Attachment 10 – Proposal Contract Quantity Form (See Excel Spreadsheet) Attachment 11 – Proposal General Information Form (See Excel Spreadsheet) Attachment 12 – Power Purchase Agreement

1.0 INTRODUCTION

The California Department of Water Resources (CDWR) manages the State Water Project (SWP), which is a system of pumping plants, power plants, dams, reservoirs, canals, and aqueducts constructed to deliver water for agricultural, industrial, and urban uses and to provide flood control, recreation, fish and wildlife enhancement, hydroelectric power, and other benefits. CDWR is also an independent wholesale power entity interconnected with the western United States transmission grid and operates as a Scheduling Coordinator with the California Independent System Operator (CAISO).

Additional information about CDWR and SWP is available on the following internet sites:

• General information about CDWR: About CDWR

• General information about SWP: About SWP

In support of CDWR’s long-term plans to obtain sustainable Energy at competitive rates, CDWR is seeking through this Request for Proposal (RFP) to purchase California Renewables Portfolio Standard (RPS) eligible renewable energy (Product), as further described below.

2.0 PRODUCT

2.1 Power Purchase Agreement

CDWR will contract for the Product through a Power Purchase Agreement (PPA), Attachment 12, with the selected Proposer(s). The attached PPA is what CDWR intends to execute. While there are details such as Contract Price, Contract Capacity, Contract Quantity, Delivery Period, and Delivery Point that will be based on the selected proposal(s), the substantive provisions of the PPA are not open to negotiation.

Capitalized terms in this RFP shall have the meaning set forth in the PPA. The PPA will require the selected Proposer(s) to comply with all Applicable Laws, including obtaining required State and local permits, and to make representations concerning compliance with Applicable Laws. It is the Proposer's responsibility to consider all Applicable Laws related to selling the Product when developing and submitting a proposal.

If not currently registered, the selected Proposer(s) shall register with the California Secretary of State to do business in California promptly after notice of Intent to Award.

2.2 Product Description

The Product shall consist of renewable energy produced by a newly developed (commercial operation date on or after January 1, 2023), or incremental increased production from an existing, electric generating Facility having a first point of interconnection to the CAISO Balancing Authority Area, including capacity, and all https://water.ca.gov/ https://water.ca.gov/Programs/State-Water-Project attributes used to qualify for Resource Adequacy (RA), Ancillary Services, and environmental attributes such as Renewable Energy Credits (REC). CDWR shall also receive credit for CAISO IFM Load Uplift Obligations, if applicable. CDWR will not accept unbundled Products. In addition, the proposed Facility must be currently active in the CAISO cluster study process (Cluster 15 or earlier).

The proposed Facility must meet current eligibility requirements under the California RPS.

The California RPS means the renewable energy program and policies established by California State Senate Bills 1038 (Stats 2002, ch. 516) and 1078 (States. 2009-2010, 4th Ex. Sess., ch. 11), codified in California Public Utilities Code Section 399.11 et seq, and California Public Resources Code Sections 25470 through 25751, as such provisions are amended or supplemented from time to time.

The proposed Facility must use technology that is commercially viable at the time of the RFP due date. CDWR will not consider proposals using technology that is experimental or in prototype stage. The Product must qualify as Portfolio Content Category (PCC) 1 (see publication # CEC-300-2016-006-ED9-CMF-REV or current version). Energy storage options may be installed by Proposer but are not required by this RFP. Energy storage option benefits, if any, should be incorporated into the Contract Price.

2.3 Delivery Period

The Delivery Period shall be no less than 15 years and no more than 30 years and commence no later than January 1, 2032. For all projects, the Commercial Operation Date must be no earlier than January 1, 2023.

2.4 Contract Capacity and Quantity

The Contract Capacity shall be no less than 50 MW and no greater than 500 MW with corresponding annual Contract Quantity of approximately 150,000 MWh to 1,500,000 MWh, respectively, depending on the technology.

Proposers shall specify the Contract Quantity to be delivered for each year during the proposed Delivery Period (Attachment 10). Proposers wishing to submit bids for multiple Delivery Periods may submit up to three separate Delivery Periods per Facility (e.g.15, 20, and 25 years) by attaching multiple copies of Attachments 10 and 11 which clearly identify the length of each Delivery Period.

2.5 Delivery Point

The Delivery Point shall be as defined in the PPA.

2.6 Contract Price

The price in nominal $/MWh paid by CDWR for the Product shall be fixed for the entire term. The Contract Price must be inclusive of all costs as described in the PPA, Section

2.3. Proposals shall include the Proposer’s best and final price offering; Proposer will have no opportunity to re-price after the proposal submission due date.

2.7 Terms and Conditions of Power Purchase and Sale

The terms and conditions of the power purchase and sale shall be as described in the

PPA.

3.0 RFP SCHEDULE AND CONTACT

3.1 Deadline

CDWR must receive proposals no later than 4:00 p.m. PDT on Wednesday, April 10, 2024. Proposals received after this deadline will be rejected. CDWR will notify proposer if this issue should occur.

3.2 Anticipated RFP Schedule

Event Date

Issue RFP January 31, 2024

Deadline for RFP questions

February 28, 2024

5:00 PM PDT

Response to RFP questions posted

March 13, 2024

5:00 PM PDT

Proposals due April 10, 2024

4:00 PM PDT

Issue Notice of Intent to Award Upon completion of proposal evaluations

Sign PPA(s) and other documents as needed

No earlier than Proposer’s completion of CEQA and

CDWR’s review and determination

3.3 Communication

Questions regarding this RFP may be emailed to Rosi Corral at rosi.corral@water.ca.gov with copy to POMASURequests@water.ca.gov. CDWR will post all questions and answers without attribution as well as any changes to the RFP on Cal eProcure https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx. Use “RFP 10197761” as the Event Name. Proposers are responsible for checking the Cal eProcure website for all postings or changes. Proposers may request to be notified of future RFP’s by sending their name, company name, and other contact info to POMASURequests@water.ca.gov. CDWR will neither be responsible for nor be bound by any oral instructions, interpretations, or explanations issued by CDWR or its representatives.

4.0 PROPOSAL SUBMISSION

4.1 Required Documents

The Proposal Checklist in Attachment 1 lists documents required in the proposal submittal. Failure to include all documents will result in a rejection of the proposal. The answer to each question shall be complete and fully responsive to the question without requiring reference to other documents or other portions of the proposal. Please note that CDWR shall disqualify a Proposal if it fails to meet the Product requirements stated under Section 2.0 above.

Each Proposer’s response will be prepared at the sole cost and expense of the Proposer. CDWR will not be liable for any costs or expenses incurred by Proposers in responding to this RFP. Proposal packages become the property of CDWR and will not be returned.

4.2 Submission Process

4.2.1 Proposers must submit at least one (1) electronic copy on Flash Drive, and one (1) paper copy of the proposal documents specified in the Proposal Checklist.

4.2.2 All proposals must be submitted under sealed cover and be clearly marked “Request for Proposal No. 10197761. Do not open until after the proposal submission due date, April 10, 2024.”

4.2.3 Mail or deliver proposals to the following address:

California Department of Water Resources Division of Operations & Maintenance

Contract Services Section

Attention: Rosi Corral 715 P Street

Sacramento, CA 95814 mailto:rosi.corral@water.ca.gov mailto:POMASURequests@water.ca.gov https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx mailto:POMASURequests@water.ca.gov

4.2.4 If CDWR believes that collusion exists among Proposers, CDWR will reject this and future procurement proposals from such Proposers.

4.2.5 If the proposal is made under a fictitious name or business title, the actual legal name of Proposer must be provided. If the Proposer claims affiliations with other entities to meet the minimum requirements, the proposal shall include official documentation of such relationships.

4.2.6 ANTITRUST CLAIMS: The Contractor shall comply with the requirements of the Government Code Sections set out below.

(a) Chapter 11 (commencing with Section 4550) of Division 5 of Title 1 of the California Government Code contains the following definitions:

(1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision

(c) of Section 16750 of the Business and Professions Code.

(2) "Public purchasing body" means the State or the subdivision or agency making a public purchase (Government Code Section 4550).

(b) In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder (Government Code Section 4552).

(c) If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery (Government Code Section 4553).

(d) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (Government Code Section 4554).

4.3 Post-Submission Modification and/or Withdrawal

A Proposer may modify a proposal after its submission by (i) withdrawing the original proposal by submitting a written withdrawal request to CDWR, signed by the Proposer and (ii) resubmitting a new proposal; provided, however the Proposer does both (i) and

(ii) prior to the proposal submission due date. Submitted proposals may not be withdrawn or modified subsequent to the proposal submission due date.

4.4 Confidential or Proprietary Proposer Information

Responses to this RFP become the exclusive property of CDWR. The California Public Records Act (Government Code Section 6250, et seq.) (CPRA) limits CDWR’s ability to maintain confidentiality of qualification and proposal data to trade secrets or records, the disclosure of which is exempt or prohibited pursuant to federal or state law. Except as provided in Section 4.4.1 below, all proposals received in response to this RFP are public records and subject to the CPRA.

4.4.1 Proposers may submit specifically identified items of their proposal with a label of “Confidential” if the portion so labeled contains information that would be exempt from the CPRA as a trade secret or other applicable exemption. CDWR will take all reasonable and prudent measures to maintain the confidentiality of submitted documents but will not in any way be liable or responsible for the disclosure of any such proposal or portions thereof. Proposers should avoid labeling the entire or a significant (50% or more) portion of the Proposal as “Confidential”. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" will be regarded as non-responsive.

4.4.2 Upon receipt of a CPRA request for information labeled "Confidential," if feasible, CDWR will provide the Proposer who submitted the information with reasonable notice to allow the Proposer to intervene or seek injunctive relief in a court of competent jurisdiction. Proposer agrees that under no circumstances will CDWR be held responsible or have any liability to Proposer or any person or entity for any damages or losses incurred, of whatever nature, due to the disclosure of any information in a proposal.

5.0 PROPOSAL EVALUATION AND SELECTION

5.1 Summary

CDWR will evaluate each proposal as described below and may enter into a PPA with the Proposer that CDWR determines, through a competitive evaluation as described in this Section 5.0, represents the best value to CDWR. CDWR may execute more than one PPA with more than one Proposer; however, this RFP does not constitute a commitment by CDWR to execute a PPA with any Proposer. CDWR expressly reserves the right to revise, suspend, or terminate this RFP at any time at its sole discretion without incurring any liability to any Proposer.

5.2 Evaluation

5.2.1 Phase One – Review of Proposals for Completeness

In Phase One, CDWR will review that all documents (see Attachment 1) have been submitted in compliance with the document requirements of this RFP.

Missing documents or blank responses shall be deemed non-responsive or incomplete and such proposals shall be disqualified.

In addition, CDWR is required under Section 10295.4 of the California Public Contract Code to check the lists of the 500 largest tax delinquencies maintained by the California Department of Tax and Fee Administration before entering into a contract for goods or services. Consequently, CDWR will check the names of proposers against these lists and reject proposers whose names appear on such lists.

5.2.2 Phase Two – Review of Minimum RFP Requirements

In Phase Two, CDWR will review proposal information and shall disqualify proposals that do not meet the minimum requirements as stated in Attachment 8 to this RFP.

5.2.3 Phase Three – Evaluation of Qualifications and Experience

(max. 600 pts)

Scoring Criteria for Phase Three

Maximum Possible Points

Experience in project development, interconnection, operation, maintenance, scheduling, and billing. 150

Financial strength including financing experience, creditworthiness, and insurance. 250

Project progress and deliverability including status of permits, transmission interconnection, RPS certification, and Resource Adequacy benefits.

Total Points 600

In Phase Three, proposal information from Attachment 9 will be reviewed, evaluated, and scored based on the criteria in the table above. Proposer must provide all the information requested to be eligible to achieve a maximum score.

5.2.4 Phase Four – Evaluation of Price Factors (max. 400 pts)

In Phase Four, proposals will be evaluated and scored based on Delivery Period, Contract Price, Contract Quantity, Resource Adequacy benefits, and other factors that reflect the Product’s value to CDWR.

Scoring Elements for Phase Four Maximum Possible Points

Resource Adequacy benefits (Attachment 9), Yearly Energy Production Profile (Attachment 10), and Contract Price (Attachment 11)

CDWR shall forecast future energy cost and calculate the present value of energy produced and the present value of contract costs for each proposal based on (i) the Contract Price, (ii) annual Contract Quantity, and (iii) the Facility Location.

An Effective Rate shall be calculated for each proposal and will be used along with other criteria to assign the points available for Phase Four. The Effective Rate is calculated as the total present value of contract costs of the proposal minus the total present value of the energy produced; the difference divided by the total generation in MWhs. All proposals will receive between zero (0) points and the maximum four hundred (400) points for this phase of the evaluation.

5.2.5 Phase Five – Final Score Calculation

Phase Five score = Phase Three score + Phase Four score.

If applicable, State Preference/Participation Programs calculations will be applied to Phase Five score as described in Attachment 7.

6.0 AWARD

Upon completion of proposal evaluations, Notice(s) of Intent to Award will be posted in a public place at the CDWR State Water Project, Division of Operations & Maintenance, Power Operations Management Office located at 1425 River Park Drive, Suite 300, Sacramento, CA, 95815. Notice will be posted for a minimum of five (5) Business Days prior to awarding the PPA.

7.0 CALIFORNIA ENVIRONMENTAL QUALITY ACT

Award of a contract under this RFP is a discretionary action by CDWR and will require compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the California Public Resources Code (CEQA) and other Applicable Laws and regulations. Proposer shall be responsible, at its own cost and expense, for compliance with CEQA and other Applicable Laws and regulations associated with obtaining approvals, permits and/or entitlements for the project. CDWR will consider the environmental documents for the project and will make its independent findings and conclusions pursuant to CEQA and, based on these findings and conclusions, will decide whether to enter into a contract. CDWR’s CEQA review for the project must be completed before CDWR will enter into a contract under this RFP.

8.0 RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

Detailed requirements of the EO can be found on California Department of General Services website: Ukraine-Russia (ca.gov).

9.0 ADDITIONAL REQUIREMENTS

CDWR shall only enter into an agreement to procure energy from a new energy generation facility if the seller requires its contractors to use a multicraft “project labor agreement”, as defined in paragraph (1) of subdivision (b) of Section 2500 of the California Public Contract Code, for construction of the facility.

https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://www.dgs.ca.gov/OLS/Ukraine-Russia?search=Executive%20Order%20N-6-22 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=2500.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=2500.

Attachment 1 – Proposal Checklist

Proposal Checklist

Proposers are required to include all items below in the proposal package. Please submit a completed copy of this checklist with your proposal.

Documents or items considered by the Proposer as not applicable must be submitted and identified as such (N/A or Not Applicable). Missing documents or blank responses on submitted documents shall be deemed non-responsive or incomplete.

☐ Attachment 2 – Proposal/Proposer Certification Sheet

☐ Attachment 3 – Statement of Veracity and Authorization

☐ Attachment 4 – Darfur Contracting Act Certification

☐ Attachment 5 – Iran Contracting Act Certification

☐ Attachment 6 – California Civil Rights Laws Attachment

☐ Attachment 7 – State Preference/Participation Programs (if applicable)

☐ Attachment 8 – Proposal Minimum Qualifications Form

☐ Attachment 9 – Proposer Detailed Information Form

☐ Attachment 10 – Proposal Contract Quantity Forms (One table is required for each year of the Delivery Period.

Example: For a twenty (20) year Delivery Period, 20 completed tables are required)

☐ Attachment 11 - Proposal General Information Form

Attachment 2 – Proposal/Proposer Certification Sheet

Proposal/Proposer Certification Sheet

This Proposal/Proposer Certification Sheet must be signed and returned.

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

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

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. Proposing firm’s Name (Print) 11. Title

12. Signature 13. Date

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

a. California Small Business Yes No

If yes, enter certification number:

a. 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 pending:

Completion Instructions for Proposal/Proposer Certification Sheet

Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below.

Item

Numbers Instructions

1, 2, 2a, 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.

Attachment 3 – Statement of Veracity and Authorization

I certify under penalty of perjury that the information I have included in this Proposal Response is true and complete to the best of my knowledge. I further understand that any false, incomplete, or incorrect statements may result in my disqualification from the pool established as a result of the Request for Proposals #10197761. I authorize the clients identified on this application to release any information they may have to the State of California concerning the submitted qualifications and experience.

I hereby certify that I am duly authorized to execute binding agreements, on behalf of Proposer, for projects of the nature ultimately contemplated by this RFP. I represent and warrant that there are no claims, disputes, actions, suits, proceedings or investigations pending or threatened against or affecting the Proposer or any subsidiary of the Proposer by any governmental agency or any person that would restrain or prevent Proposer or any subsidiary of the Proposer from fulfilling its obligations contemplated by this RFP and that might materially affect the Proposer’s ability or the ability of any subsidiary of the Proposer to fulfill its obligations contemplated by this RFP.

Signed: Date:

(Print/type individual name) (Print/type company name)

(Print/type title)

Attachment 4 – DARFUR Contracting Certification

DARFUR CONTRACTING ACT CERTIFICATION

Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code section 10476.

Therefore, to be eligible to submit a bid or proposal, please complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):

1. We do not currently have, or we have not had within the previous

Initials three years, business activities or other operations outside of the United States.

OR

2. We are a scrutinized company as defined in Public Contract Code

Initials section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. We currently have, or we have had within the previous three years, Initials business activities or other operations outside of the United States, + certification but we certify below that we are not a scrutinized company below as defined in Public Contract Code section 10476.

CERTIFICATION For # 3.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California.

Proposer/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

DWR 9657 (Rev. 12/19) https://water.ca.gov/-/media/DWR-Website/Web-Pages/Library/Files/Public-Forms/9657-Darfur-Contracting-Act-Certification_a_y20.pdf

Attachment 5 – IRAN Contracting Act

IRAN CONTRACTING ACT

(Public Contract Code sections 2202-2208)

Prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)

Printed Name and Title of Person Signing Date Executed https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf

Attachment 6 – California Civil Rights Laws Attachment

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT OFFICE OF LEGAL SERVICES

DGS OLS 04 (Rev. 01/17)

Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or above shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINITION POLICIES: For contracts executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION

I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed) Federal ID Number

Printed Name and Title of Person Signing

Executed in the County of Executed in the State of

Date Executed https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.pdf

CERTIFICATION