22-139986.FMD.ChillerMaintenance.Q_A.05-01-2024.docx

IFB Elevator Services– Q & A #2

Date: 05/01/2024

To: All Bidders for 22-139986 FMD Chiller Maintenance

Subject: 22-139986 FMD Chiller Maintenance – Questions and Answers

As of April 25, 2024, OBAS received on behalf of the Department of General Services, Facilities Management Division the following questions (Q) and is providing the following answers (A):

Q1: Are bidders required to subcontract a portion of the work to a DVBE?

A1: Please see IFB Instructions Section D.2 Disabled Veteran Business Enterprise:

“There is a 3% DVBE participation minimum requirement for this contract.” Additionally, “Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to Bidders who provide additional (more than the minimum requirement of 3%) DVBE participation on the contract.”

Please note: Pursuant to Military and Veterans Code section 995.5, only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may qualify the Bidder or be used to qualify the Bidder for a DVBE participation and/or DVBE incentive.

Q2: Can you provide clarification on the Commercially Useful Function requirement?

A2: A business that is performing a commercially useful function is one that does ALL of the following:

1) Is responsible for execution of a distinct element of the work of the contract

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

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

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

5) 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.

As a general example, if the scope of services was for elevator maintenance, then a DVBE subcontractor who provides office supplies would not be CUF compliant due to the requirement that the work must be a distinct element of the contract. Although the Bidder may use office supplies in their general course of business, if it is not distinctly relevant to the scope of services then the requirement is not met.

Q3: Is it correct that services are conducted on the low-pressure machines seven times a year? This includes four quarterly services, two semi-annuals, and one annual service.

A3: Low pressure machines require four quarterly, one semi-annual and one annual service per year. Addendum # 1 will make adjustments to the cost sheet to reflect the frequency of services.

Q4: Is it correct that services are conducted on the high-pressure machines three times a year? This includes two semi-annuals and one annual service.

A4: High pressure chillers only need one semi-annual and an annual service. Addendum # 1 will make adjustments to the cost sheet to reflect the frequency of services.

Q4: On page 42, section Y, item #3 states: “If the system is found to be low, changes are to be recovered, weighed, and replenished to factory-specified levels.” Does this statement mandate that each bidder includes refrigerant pricing within the preventive maintenance cost section? Or will the state allow a change order for any refrigerant required?

A4: Contractor will not be required to include refrigerant pricing within their preventive maintenance cost sheet. Addendum # 1 will delete the above referenced item in its entirety.

Q5: Would the state consider adding an additional foreseeable line item or column to capture refrigerant cost at a price per pound, if refrigerant cost is required?

A5: DGS will consider the cost of refrigerant as an unforeseeable repair cost.

Q6: According to our record. You had awarded this contract. You even share the NOI and result with us. Is this ReBid?

A6: DGS posted a notice of intent to award previously but was unable to execute the agreement. This current procurement is a re-solicitation of that effort.

Q7: If I may ask is this due to change in SOW- scope of work? Or what we need to know about in order to avoid this pitfall.

A7: There are changes to the scope of work and cost sheet. Bidders are strongly encouraged to carefully read the entire solicitation prior to a submission of bid. The need to verify all documentation and responses prior to the submission of the bid cannot be overemphasized.

Administration Division, Office of Business and Acquisition Services | State of California | Government Operations Agency Contracts Services Section | 707 Third Street, MS 508 |West Sacramento, CA 95605 | t 916-376-1768

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