22-139986.FMD.ChillerMaintenance.Q_A.09-12-2024.docx

22-139986 FMD Chiller Maintenance– Q & A

Date: 09/12/2024

To: All Bidders for 22-139986 FMD Chiller Maintenance

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

As of August 26, 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: Exhibit A, Section 3.B. says, “Contractor must be York Equipment Certified for 5 years”. What type of proof does a Contractor have to provide that proves they are York Equipment Certified for 5 years?

A3: Any document which specifically states the contractor is a York authorized and certified service provider to maintain, service, and repair the York equipment. This could be formal letter under York title-head, or a certificate issued by York that details the contractor’s qualifications as a York authorized service provider. DGS shall create an addendum to remove the five years of required experience.

Q4: Exhibit A, Section 3.C. says “Services on equipment shall be performed by Trained and Certified Service Technicians. Contractor shall provide copies of Certifications upon request”. What type of certifications is the State going to request?

A4: When the contractor’s technicians participate in a manufacturer’s (York) training program, the manufacturer issues a certificate to the individual that verifies attendance and completion of the manufacturer’s requirements in terms of being knowledgeable and skillful in their equipment. If the technicians did not participate and do not possess the said certificate, they will not be able to provide such copies to DGS.

Q5: "I wanted to point out to you that I have carrier equipment chiller certification. And it is not different from York equipment chiller certification. York and Carrier are nothing but the names of manufacturers that both make chillers. Chillers have the same components and same mechanism of operation. I believe DGS should know this by now .Let me know how to proceed on this bid. We at [bidder name redacted], are a small business and we are not going to stand down for all the BIG companies that are trying to frustrate and kick us out of government buildings. I hope you understand?"

A5: DGS is unable to remove the York certification requirement. With the York certification the contractor can get factory York parts specific to the chillers and in addition and most important because our chillers are new, York support. They are large computerized multi-million-dollar machines that require specific support and parts to maintain them correctly.

DGS is committed to awarding contacts to small business. Pursuant to IFB 22-139986, Section D, DGS shall apply a small business preference to all eligible bids.

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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