23-70013-000_IFB_4.5.24.pdf

Department of State Hospitals IFB Number: 23-70013-000 Interior Construction, Electrical & Low-Voltage Services

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB Number: 23-70013-000

“Interior Construction, Electrical & Low-Voltage Services”

April 5, 2024

You are invited to review and respond to this Department of State Hospitals (DSH) solicitation. DSH is seeking bids for a contractor to perform Interior Construction, Electrical & Low-Voltage Services.

In submitting a bid, bidders agree that they have read, understood, and will comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of a bidder’s bid. By submitting a response, bidders agree to the terms and conditions stated in this solicitation and any resulting agreement.

All agreements entered into with the State of California will include by reference the state’s General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language.

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.

This bid solicitation is published online at the Cal eProcure web site at:

https://caleprocure.ca.gov/pages/public-search.aspx. To ensure receipt of any addenda that may be issued and answers to questions posed, you must register at https://caleprocure.ca.gov/pages/.

Revision 10-21-2021 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://caleprocure.ca.gov/pages/public-search.aspx https://caleprocure.ca.gov/pages/

TABLE OF CONTENTS

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

B. Agreement Term and Security Provisions:

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

B. References:

C. Agreement to Sign:

D. Department of Industrial Relations (DIR) Registration

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

B. Bidder’s Questions:

C. Submission of Bids:

IV. BID EVALUATION AND AWARD

A. Review of Bid Requirements:

B. Responsiveness and Responsibility Determination:

C. False Statements Disclaimer:

D. Intention to Award:

E. Multiple Provider Disclaimer and Breaking Tie Bids:

F. Tie Breaker:

G. Award and Protest:

H. Disposition of Bids:

I. Tax Delinquency Disclaimer:

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

B. Disabled Veteran Business Enterprise Program and Incentive:

C. Calculation of Multiple Preferences:

D. Other Preference Programs:

E. Additional Small Business and Disabled Veteran Enterprise Information:

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

i. Attachment 1 – Bid Submission Checklist

ii. Attachment 2 – Bidder’s Certification

iii. Attachment 3 – Minimum Qualification Response

iv. Attachment 4 – Labor Code Certification

v. Attachment 5 – Bidder’s References

vi. Attachment 6 – Bidder's Rate Sheet

vii. Attachment 7 – Bidder Declaration Form (GSPD-05-105) .......................................... (web) 23

viii. Attachment 8 – Contractor Certification Clauses (CCC 04/2017) ............................... (web) 23

ix. Attachment 9 – Payee Data Record (Std. 204) ........................................................... (web) 23

x. Attachment 10 – Insurance Certifications

xi. Attachment 11 –Dafir Contracting Act Certification

xii. Attachment 12 – California Civil Rights Law Certification ............................................ (web)26

xiii. Attachment 13 – DVBE Declarations Form (Std. 843) ................................................. (web)26

xiv. Attachment 14 – Iran Contracting Act Certification .................................................... (web) 26

xv. Attachment 15 – Sample Agreement (Std. 213 and Exhibits)

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

1. The Contractor shall provide Interior Construction, Electrical & Low-Voltage Services needed to prepare two conference room walls for the subsequent installation of a video wall system by the equipment vendor. The two Conference Rooms are on the 6th and 11th floors of the Allenby Building located at 1215 O Street in Sacramento. The scope will involve minor demolition, low-voltage cable installation and patching/repairing of drywall as well as acoustic wall panels.

2. Please carefully review and consider the minimum qualifications, and the detailed Scope of Work located in Attachment 11, Sample Agreement, Exhibit A, Scope of Work, in order to complete your bid.

B. Agreement Term and Security Provisions:

1. The term of any agreement resulting from this IFB is anticipated to be June 1, 2024, through

August 31, 2024. Any agreement resulting from this IFB shall have no force or effect until it is signed by both parties and approved by the Department of General Services (DGS) if such approval is required. Performance shall start no later than on the expressed date set by the awarding agency and after all approvals have been obtained and the agreement is fully executed.

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

3. Should Contractor fail to commence work at the agreed upon time, DSH reserves the right to terminate the agreement upon five (5) days written notice to Contractor.

4. Bidder shall agree to all security provisions where the performance of work takes place on any state hospital grounds.

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

Bidders must submit proof of their legal right to do business in the State of California:

1. Bidders must submit a copy of their license to do business in the State of California, including any proof of “Doing Business As (DBA)” documentation, as applicable.

2. Bidders must certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

3. Bidders which are corporations, regardless of where they are incorporated, shall submit a print-out from the California Secretary of State website (https://bizfileonline.sos.ca.gov/search/business) which shows that their corporation is registered and is currently in good standing.

B. References:

Bidder must submit applicable references:

1. Bidder must provide three (3) letters of reference from customers for whom the bidder has provided services of the same nature and type as those outlined in this solicitation.

References submitted must be for services provided in the past two (2) years (from the date of this solicitation). At least one reference must be from a governmental entity, and if the bidder has provided services to DSH during this timeframe, one of the references must be from a DSH contract manager. The letters of reference must contain sufficient information (i.e., specific times and locations where the bidder was observed while providing services) in order to verify the bidder’s experience. In the case of letters not composed by DSH contract manager, each letter must be composed by someone who had direct experience with the provision of services outlined in the letter. Each letter of reference must address each of the following:

i. The bidder’s ability to provide services as compared to his or her agreed upon contract

ii. The customer’s overall assessment of the bidder’s performance

To prove that submitted letters have been completed by the appropriate party, each letter must also:

i. Provide the name, address, title, company, and phone number of the qualifying employer/company

ii. Be submitted on the employer/company’s official letterhead

iii. Contain an original signature by the completing party

DSH reserves the right to utilize these letters of reference in determining whether a bidder is responsible.

C. Agreement to Sign:

1. The bidder shall certify that, if awarded an agreement, they shall sign and return two (2) originals of the Standard Agreement signature pages (Std. 213), to be received by DSH no later than seven (7) calendar days from the date that DSH e-mails the agreement to the email https://bizfileonline.sos.ca.gov/search/business address provided by bidder on the Minimum Qualifications Response Form (Attachment 3).

This requirement shall be ten (10) calendar days if DSH elects to mail the agreement. DSH reserves the right, at its sole discretion, to require documentation to be submitted in addition to the Std. 213. If DSH exercises that right, Contractor must submit all required documentation within the timeframes noted here.

The bidder shall further certify that they understand the insurance requirements in Attachment 14, Sample Agreement, Exhibit G, Insurance Requirements, and if awarded an agreement, shall provide DSH with all required insurance documents as may be applicable, in a timely manner.

DSH reserves the right, at its sole discretion, to cancel a proposed award to a bidder who does not submit the required documentation described herein. Should DSH cancel a proposed award for this reason, DSH reserves the right, at its sole discretion, to award the contract to the next lowest, responsive and responsible bidder.

D. Department of Industrial Relations (DIR) Registration:

1. No firm, whether as a contractor or a subcontractor, may be awarded an agreement for Public Works as defined by the Labor Code, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

2. Any quote that is submitted by a firm that is not currently registered with the Department of Industrial Relations (DIR) as required by Labor Code section 1725.5, or any quote that is submitted by a firm proposing to use subcontractors that are not currently registered with the DIR as required by Labor Code section 1725.5 shall be deemed non-responsive and disqualified, except that:

i. The prospective contractor submits to the DSH, in writing, a claim that they have listed a non-registered subcontractor inadvertently, and the procedures and timeframes stated in prescribed in Labor Code section 1771.1(c) are followed.

ii. The prospective contractor or a proposed subcontractor is registered but has inadvertently allowed their registration to lapse. If, after the bid opening but prior to the evaluation of bids, the firm renews their registration retroactively to prior to the bid due date as permitted by Labor Code section 1725.5(c), that firm may be considered responsive for the purposes of Labor Code section 1725.5 and may be considered for an award.

3. The DSH reserves the right, at its sole discretion, to cancel a proposed award to a bidder who does not submit the required documentation described herein. Should the DSH cancel a proposed award for this reason, the DSH reserves the right, at its sole discretion, to award the contract to the next lowest, responsive and responsible bidder.

4. Any resulting agreement shall be subject to compliance monitoring and enforcement by the

DIR.

5. Prospective contractor shall provide proof that they, and all proposed subcontractors, are currently registered to perform public works pursuant to Labor Code section 1725.5

6. The DSH reserves the right, at its sole discretion, to cancel a proposed award to a bidder who does not submit the required documentation described herein. Should the DSH cancel a proposed award for this reason, the DSH reserves the right, at its sole discretion, to award the contract to the next lowest, responsive and responsible bidder.

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

Event Date Time

IFB available to prospective bidders 4/5/24 Deadline for Submission of Questions 4/12/24 2:00PM Anticipated Questions and Answers Posted 4/17/24 5:00PM Final Date for Bid Submission 4/30/24 2:00PM Public Bid Opening 5/1/24 11:00PM Anticipated Notice of Intent to Award Posted 5/3/24 Anticipated Start Date 6/1/24

Note: Unless otherwise indicated, all times noted in this solicitation are Pacific Time.

B. Bidder’s Questions:

1. Bidders shall notify DSH immediately via e-mail at marina.roney@dsh.ca.gov if they need clarification about the services being sought or have questions about the IFB instructions or requirements. The level of detail that shall be provided in response is subject to the availability of DSH resources. DSH shall respond to all questions via an addendum to the solicitation with all questions and answers posted on Cal e-Procure (www.caleprocure.ca.gov). Note: It is the responsibility of the bidder to check Cal eProcure for questions and/or changes within the IFB as all questions, answers, and addendums will be posted there. DSH will not be held responsible for inaccurate bids due to bidder’s oversight in reviewing any and all information via Cal eProcure.

2. Verbal comments regarding this IFB are unofficial and are not binding on DSH unless later confirmed in writing as an official addendum.

3. Bidders that fail to report a known or suspected problem with the IFB or fail to seek clarification and/or correction of the IFB, submit a bid at their own risk.

C. Submission of Bids:

1. Physical Submission:

i. All bids must be submitted under a sealed cover and received by DSH by the date and time shown in Section III, A – Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, and must be marked “DO NOT OPEN,” as shown in the following example:

IFB # 23-70013-000

ATTN: Marina Roney

Department of State Hospitals 1215 O Street, MS-1 mailto:marina.roney@dsh.ca.gov http://www.caleprocure.ca.gov/

Sacramento, CA 95814

DO NOT OPEN

ii. All bids submitted under a sealed cover must clearly and legibly show the bidder’s firm name and address.

iii. Bids not submitted under a sealed cover shall be rejected. A minimum of one (1) original and two (2) copies of the bid must be submitted, and clearly marked.

iv. The bid package should be prepared in the least complicated method. Originals and copies should be bound with binder-clips or staples (no covers, no spiral bindings, etc.).

All pages in the bid must be standard 8.5" x 11" paper, except charts, diagrams, etc., which may be foldouts. If foldouts are used, the folded size must fit within the 8.5" x 11" format. Double-sided printing is preferred except for required attachments numbers 1 through 13 of this IFB, which must be printed single-sided. It is the bidder’s responsibility to ensure that his or her bid is submitted in a manner that enables DSH to easily locate all response descriptions and exhibits for each requirement of this IFB. Page numbers must be located in the same page position throughout the bid. Note: Attachment 15 should not be returned with the bid.

v. Mail Delivery or Overnight Delivery of bids should be addressed as in Item 1.i. above.

vi. Hand Delivery by appointment ONLY.

2. Signature Requirements:

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

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

3. General Contents:

i. All bids shall include all of the documents identified in Section VI, Required Attachments, Attachment 1, Bid Submission Checklist.

ii. Bids should provide straightforward and concise descriptions of the bidder's ability to satisfy the requirements of this IFB. The bid must be complete and accurate. Omissions, inaccuracies or misstatements will be sufficient cause for rejection of a bid.

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

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

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

vi. Where applicable, bidders must carefully examine work sites and specifications. Bidders shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

4. General Considerations:

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

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

5. Withdrawing and Resubmitting:

i. A bidder may modify a bid, after its submission, by withdrawing their original bid package and resubmitting a new bid package prior to the bid submission deadline. Bidders modifications offered in any other manner, oral or written, will not be considered. If a bidder submits a second bid package without withdrawing the first as described herein, both packages shall be considered non-responsive.

ii. A bidder may withdraw their bid by submitting a written withdrawal request to DSH –

Contracts Office, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid package prior to the bid submission deadline. Bids may not be withdrawn without cause, subsequent to the bid submission deadline. DSH Contracts Office is located at:

Department of State Hospitals Marina Roney

1215 O Street, MS-1

6. Modification and Rejections:

i. DSH may modify the IFB, prior to the solicitation due date and time, by the issuance of an addendum to all parties who received a solicitation package.

ii. DSH reserves the right to reject all bids. DSH is not required to award an agreement.

iii. DSH does not accept alternate contract language from a prospective contractor, unless offered through the Question-and-Answer period. A bid with alternate contract language will be considered a counter proposal and will be rejected. DSH’s terms and conditions are not negotiable. Bidders are hereby advised that proposals of alternate contract language or attempts to negotiate DSH’s Terms and Conditions after the selection of a proposed awardee shall be considered a counter proposal for the purposes of this solicitation. In such a situation, DSH shall notify the proposed awardee that they must accept DSH’s language and terms as offered or be disqualified from being awarded a contract. Should a contractor fail to accept the language and terms offered, DSH shall disqualify that vendor and award the contract to the next lowest bidder after issuing a revised Letter of Intent, if applicable.

IV. BID EVALUATION AND AWARD

A. Review of Bid Requirements:

1. At the time of the bid opening, each bid will be opened, read aloud, and checked for preference and incentive requests.

B. Responsiveness and Responsibility Determination:

1. After the bid opening, DSH will evaluate each bid to determine its responsiveness and each bidder’s responsibility to the published requirements of this IFB.

2. A responsive bidder is one who submits a bid that meets all of the submission requirements and minimum qualification requirements stated in the IFB. A responsible bidder is one that is trustworthy and possesses the necessary quality, fitness and capacity to satisfactorily perform the proposed work. Bidders who are determined to not be responsible or who submit non-responsive bids shall have their bids rejected.

3. Responsive bids shall be considered evidence of the proposer’s responsibility. DSH reserves the right to reevaluate a bidder’s responsibility prior to award and is in no way limited to submitted bid packages in making a determination as to a bidder’s responsibility. In determining whether a bidder is responsible, DSH may require bidders to submit further evidence of their qualifications at such times, and under such conditions, as it may require.

C. False Statements Disclaimer:

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

D. Intention to Award:

1. DSH intends, if an award is made, to award to the lowest responsive responsible bidder in accordance with Section V, Preference and Incentive Programs.

E. Multiple Provider Disclaimer and Breaking Tie Bids:

1. Should two or more bidders submit bids that, after the calculation of preferences as described in Section V, Preference and Incentive Programs, result in a tie, DSH shall resolve the tie as follows:

i. In accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the disabled veteran-owned small business or microbusiness shall be considered the lower bidder for ranking purposes.

ii. In accordance with the California Code of Regulations, title 2, section 1896.6, if, after the application of the small business preference, the bid of the small business is equal to the lowest priced bid from a responsible non-small business, the small business shall be considered the lower bidder for ranking purposes.

iii. Should bids result in a tie, a coin toss, or series of coin tosses, witnessed by two DSH contracts staff shall determine the lower bidder(s) for ranking purposes.

F. Tie Breaker:

1. Should two or more bidders submit bids that, after the calculation of preferences as described in Section V, Preference and Incentive Programs, result in a tie, DSH shall resolve the tie as follows:

i. In accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

ii. In accordance with the California Code of Regulations, title 2, section 1896.6, if, after the application of the small business preference, the bid of the small business is equal to the lowest priced bid from a responsible non-small business, the agreement shall be awarded to the small business.

iii. In all other circumstances a coin toss witnessed by two DSH admin staff shall determine the proposed awardee.

G. Award and Protest:

1. 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 courier, electronic mail, or personal delivery five (5) working days prior to the award of the agreement.

2. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

3. If any bidder, prior to the award of agreement, files a written protest with the DGS and DSH, including 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 DGS has decided the matter.

4. Within five (5) days after filing the initial protest, the protesting bidder shall file with the DGS and DSH a detailed written statement specifying the grounds for the protest. It is suggested that any protest be submitted by certified or registered mail.

5. Submissions shall be made to:

Department of General Services Office of Legal Services

Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605 OLSProtests@dgs.ca.gov

Attention: Marina Roney and Faith Hiatt 1215 O Street, MS-1

Marina.roney@dsh.ca.gov

6. Protests may be sent by regular mail, facsimile, courier or personal delivery though it is suggested that submissions are made by certified or registered mail. Protestants should include their fax numbers, where applicable.

H. Disposition of Bids:

1. 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.

Should a bidder desire to keep any or all components of their response to this IFB confidential, the bidder would need to obtain a protective order from a court of competent jurisdiction.

I. Tax Delinquency Disclaimer:

1. Pursuant to the Public Contract Code section 10295.4, persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA) are ineligible to enter into any agreement with the state for non-IT goods or services. Any agreement entered into in violation of section 10295.4 is void and unenforceable.

Prior to executing any state agreement or renewal for non-IT goods or services, DSH shall verify that the proposed awardee(s) is not on a prohibited list by checking both the FTB and CDTFA websites. The established lists can be found at:

i. FTB: https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

ii. CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm mailto:OLSProtests@dgs.ca.gov mailto:Marina.roney@dsh.ca.gov https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

1. In accordance with Government Code section 14838.5, et seq. and California Code of

Regulations, title 2, section 1896, et seq., a five (5) percent preference will be granted to bidders properly certified as a California Small Business (SB), Microbusiness (MB), or Non- Small Business (NSB) with a Small Business subcontracting for a minimum of 25% of the bid amount. A five (5) percent preference will be granted to bidders certified as a Non-Profit Veteran Service Agency in accordance with the Military and Veterans Code section 999.50.

Applications must be on file at the Office of Small Business and Disabled Veteran Business Enterprise Certification by 5:00 p.m. on bid opening day. The preference adjustment for awards based on low price cannot exceed $50,000.00.

2. Small Business Preference Example (Single Award):

Bidder A Bidder B Bidder C

Bidder Status NSB NSB w/ 25% SB Preference Applicable? X X

Original Bid Amount $100,000 $105,000 $102,500 Apparent Low Bid X

Pref. Amount (5% of Low Bidder) $0 $5,000 $5,000 Revised Bid $100,000 $100,000 $97,500

Revised Lowest Bidder X

3. Explanation of Example:

The lowest bidder at the time of bid opening is Bidder A, which is a NSB not claiming a SB subcontracting preference. Since both Bidder B and Bidder C claim a SB Preference, five (5) percent of Bidder A’s bid is subtracted from those of Bidder B and C. In the example above, five (5) percent of $100,000 is $5,000. After applying these preferences, Bidder C’s revised bid ($97,500) is less than the other bids, making them the revised apparent low bidder.

Note: since the preferences are used only for computation purposes to determine the successful bidder, if an agreement was awarded to Bidder C, it would be at the original $102,500 amount.

B. Disabled Veteran Business Enterprise Program and Incentive:

1. DSH hereby waives the mandatory Disabled Veteran Business Enterprise (DVBE) participation requirement for this IFB.

2. An incentive for bidders who include DVBE participation is available and encouraged for this IFB. For evaluation purposes only, DSH shall apply an incentive to bids that include California certified DVBE participation and confirmed by DSH. The incentive amount will vary in conjunction with the percentage of DVBE participation in accordance with the following formula:

DVBE Incentive Participation DVBE Incentive 5% or Over 5%

4% to 4.99% Inclusive 4%

3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

3. For solicitations where bidders are asked to submit hourly rates, the incentive shall be calculated solely on the basis of that rate.

4. The net bid price of responsive bids with DVBE participation will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked, responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be other California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $50,000.00, whichever is less, of the #1 ranked net bid price. When used in combination with a Small Business preference adjustment, the cumulative adjustment amount cannot exceed $100,000.00.

5. Information submitted by the bidder to claim the DVBE incentive will be verified by DSH. Only the DVBEs who shall perform a commercially useful function relevant to the Scope of Work included in this IFB may be used to qualify the bidder for a DVBE incentive. All DVBE bidders and their proposed subcontractors must submit a copy of the DVBE Declarations Form (Std. 843). See Attachment 13.

6. Disabled Veteran Business Enterprise Inventive Example (Single Award):

Bidder A Bidder B Bidder C

Bidder Status NSB NSB w/ 3% DVBE Incentive Applicable? X X Original Bid Amount $100,000 $105,000 $102,500

Apparent Low Bid X

Incentive Qualified 3% 5% Incent. Amount (% of Low Bidder) $0 $3,000 $5,000

Revised Bid $100,000 $102,000 $97,500

7. Explanation of Example:

The lowest bidder at the time of bid opening is Bidder A, which is a NSB not claiming a DVBE subcontracting incentive. Bidder B claims (and qualifies for) a DVBE incentive of three (3) percent. Bidder C is a DVBE, which qualifies them for a five (5) percent incentive. To apply the incentive, three (3) percent of Bidder A’s bid is subtracted from Bidder B’s bid, resulting in a revised bid of $102,000. Five (5) percent of Bidder A’s bid is subtracted from Bidder C’s bid, resulting in a revised bid of $97,500. After applying the incentives, Bidder C’s revised bid ($97,500) is less than the other bids, making them the revised apparent low bidder.

Note: since the preferences are used only for computation purposes to determine the successful bidder, if an agreement was awarded to Bidder C, it would be at the original $102,500 amount.

C. Calculation of Multiple Preferences:

1. In the event that bidders qualify for the SB preference and/or the DVBE incentive, the SB preference shall be calculated first. In circumstances where DSH will award a single agreement as a result of this solicitation, in accordance with Government Code section 14838, subdivision (f), the DVBE incentive will not be calculated if, after the application of the SB preference, an SB bidder is the apparent low bidder unless another SB bidder is also a DVBE or has subcontracted with DVBE firms.

Note: in accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

2. Example of the Calculation of Multiple Preferences:

Bidder A Bidder B Bidder C Bidder D

Bidder Status NSB NSB w/ 25% DVBE SB SB Pref. Applicable? X X Original Bid Amount $100,000 $105,500 $103,000 $106,000

Apparent Low Bid X SB Pref. Amt. (5% of Low Bid) $0 $5,000 $0 $5,000

Revised Bid $100,000 $100,500 $103,000 $101,000 Revised Lowest Bidder X

DVBE Incentive Applicable? X Incentive Qualified 5%

Incent. Amt. (% of Low Bid) $0 $0 $5,000 $0 Revised Bid $100,000 $100,500 $98,000 $101,000

D. Other Preference Programs:

1. Additional preference programs exist and may be applicable. Specifically, the Target Area Contract Preference Act (TACPA). For information regarding these programs please see the following website: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Request-a-Target-Area-Contract-Preference.

E. Additional Small Business and Disabled Veteran Enterprise Information:

1. Adherence to the DVBE Requirements:

i. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for agreement termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in Military & Veterans Code section 999.9; Public Contract Code section 10115.10 or Public Contract Code section 4110 (applies to public works only). Contractor must immediately notify DSH’s SB/DVBE Advocate that the substitution of a DVBE subcontractor is requested.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference

ii. Failure of Contractor to adhere to the certification requirements of Military and Veterans

Code section 999.5, subdivision (d) may be used as evidence of the bidder’s non-responsibility in future solicitations.

2. Commercially Useful Function (CUF) Disclaimer

Each certified SB/MB or DVBE must perform a commercially useful function. Bidders who are found to not be performing a CUF will have their bids deemed non-responsive. A SB/MB or DVBE is deemed to perform a commercially useful function when the business does all of the following:

i. Is responsible for the execution of a distinct element of the work of the agreement.

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

iii. Performs work that is normal for its business services and functions.

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

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

Agreements resulting from this solicitation shall afterwards be monitored for compliance with CUF for the duration of the agreement.

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

1. Refer to the following list for additional attachments that are a required part of this solicitation.

i. Attachment 1 Bid Submission Checklist

ii. Attachment 2 Bidder’s Certification

iii. Attachment 3 Minimum Qualifications Response

iv. Attachment 4 Labor Code Certification

v. Attachment 5 Bidder’s References

vi. Attachment 7 Bidder’s Rate Sheet(s)

vii. Attachment 6 Bidder Declaration Form (GSPD-05-105)

viii. Attachment 8 Contractor Certification Clauses (CCC 04/2017)

ix. Attachment 9 Payee Data Record (Std. 204)

x. Attachment 10 Insurance Certifications

xi. Attachment 11 California Civil Rights Law Certification

xii. Attachment 12 DVBE Declarations Form (Std. 843)

xiii. Attachment 13 Darfur Contracting Act Certification

xiv. Attachment 14 Iran Contracting Certification

xv. Attachment 15 Sample Standard Agreement (Std. 213 and Exhibits)

Note: attachment 15 is included for reference only. Only the successful bidder will submit these documents, when requested by DSH.

ATTACHMENT 1

Bid Submission Checklist

Complete this checklist to confirm the items in your bid. For your bid to be considered responsive, Attachments 1 through 13 in this checklist must be submitted by the Bid Submittal Deadline indicated in this IFB. Include this checklist with your bid package.

Contractor Name: ____________________________________________________________________

Attachment Name of Attachment ______ Attachment 1 Bid Submission Checklist

Attachment 2

Bidder’s Certification

Attachment 3

Minimum Qualifications Response

Attachment 4

Labor Code Certifications

Attachment 5

Bidder’s References

Attachment 6

Bidder’s Rate Sheet(s)

Attachment 7

Bidder Declaration Form (GSPD 05-105) Bidder Declaration (ca.gov)

Attachment 8

Contractor Certification Clauses (CCC-4/2017) Standard Contract Language (ca.gov)

Attachment 9

Payee Data Record (Std. 204) PAYEE DATA RECORD (ca.gov)

Attachment 10

Attachment 10

Attachment 11

Attachment 12

Attachment 13

Insurance Certifications

Darfur Contracting Act Certification Darfur Contracting Act Certification

California Civil Right Certification OLS004.pdf (ca.gov)

DVBE Declarations Form (Std. 843) STD. 843 (Rev. 11/2005) (ca.gov)

Iran Contracting Certification Iran Contracting Act Certification.pdf (ca.gov) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf

ATTACHMENT 2

Bidder’s Certification

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.

By signing below, the bidder represents and warrants that statements and representations contained in the documents and data submitted in connection with this bid are true and correct. In the event the bidder’s submittal in connection with this bid contains false statements or misrepresentations of fact, the bid may be rejected, or any succeeding contract terminated for cause and the bidder deemed to be a non-responsible bidder which may adversely affect future bids submitted by the bidder. In addition, any misrepresentation of fact or fraud in connection with an attempt to secure a state contract, could result in legal action being taken against the bidder.

An Unsigned Bidder’s Certification May Be Cause for Rejection

Company Name Telephone Number Fax Number

Address Email

Name Title

Original Signature Date

Small Business Preference Request Check one:

This bidder requests a Small Business preference

This bidder does NOT request a Small

Business preference

California Certified Small Business Number:

ATTACHMENT 3

Minimum Qualification Response

Bidder’s Name: _______________________________________________________________

Minimum Qualification Bidder's Response Bidder must submit a copy of their license to do business in the State of California including any proof of “Doing Business As (DBA)” documentation, as applicable.

Business License(s) Included?

Yes No N/A Bidders must certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

Do you so certify?

Yes No

Bidders which are corporations shall submit a printout from the California Secretary of State website which shows that their corporation is currently in good standing.

Printout included?

If a bidder is using any name other than his or her own, a Fictitious Name Permit (FNP) must be on file with the California Department of Consumer Affairs.

Fictitious Name Permit included?

Bidder must provide three (3) references from customers as described in II. Minimum Qualifications (MQ), Section B., References.

References included?

The bidder certifies that they understand the insurance requirements and, if awarded an agreement, shall sign and return the Standard Agreement signature pages (Std.

213) and any required insurance documents as directed.

Email: _____________________________________________________________

Do you so certify?

Bidders shall demonstrate that they meet the requirements for and are certified in California to install Hilti brand material and are certified on Hilti fire remediation methods.

Valid license, proof, or declaration included?

Bidders must provide a copy of current Contractors State License, issued by the California Department of Consumer Affairs, Contractors State License Board.

Contractor’s State included?

I, the undersigned, declare that the certifications required above are true and that I am authorized to make such certifications and bind the bidder contractually.

Signature of Declarer Print First and Last Name Date Signed

ATTACHMENT 4

Labor Code Certification

By my signature hereunder, as Contractor, I certify to the following, under the penalty of perjury under the laws of the State of California:

A. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

B. It is hereby mutually agreed that the Contractor shall forfeit to the State a penalty of two hundred dollars for each calendar day, or portion thereof, for each worker paid by him or her, or subcontractor under him or her, less than the prevailing wage so stipulated and in addition the Contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly registered apprentices.

C. It is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and

40 hours a week and the Contractor shall forfeit, as a penalty to the State, Twenty-Five Dollars for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week, in violation of Labor Code Sections 1810-1815, inclusive.

D. Travel and subsistence payments shall be paid to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

E. Properly registered apprentices may be employed in the prosecution of the work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed and shall be employed only at the work of the craft or trade to which he or she is registered. The contractor and each subcontractor must comply with the requirements of Labor Code Section 1777.5 and any related regulations regarding the employment of registered apprentices.

F. Each Contractor and subcontractor shall comply with Labor Code Section 1776 regarding record keeping.

Contractor Name: __________________________________________ License No.:___________________

Address:___________________________________________________ City:_________________________

Signature:__________________________________________ Federal Employer I.D. No.:_______________

Printed Name:________________________________________ Title:______________________________

ATTACHMENT 5

Bidder’s References

1. Bidder must provide a list of three (3) references from customers for whom the bidder has provided services of the same nature and type as those outlined in this solicitation. References submitted must be for services provided in the past two (2) years (from the date of this solicitation). At least one reference must be from a governmental entity, and if the bidder has provided services to DSH during this timeframe, one of the references must be from a DSH contract manager. Each reference must be able to address each of the following:

i. The bidder’s responsiveness to requests for service

ii. The bidder’s ability to provide services as compared to his or her agreed upon contract

iii. The customer’s overall assessment of the bidder’s performance

References Name of Company

Address

Contact Name

Telephone

Email Address

ATTACHMENT 6

Bidder's Rate Sheet

Important Considerations:

1. The bidder shall set forth the bid rates in clear, legible figures in the space provided.

2. By submitting a bid, the bidder agrees that his or her final bid constitutes an irrevocable offer which shall be valid for 180 calendar days from the bid submission date.

3. Contractor shall not be reimbursed for any travel-related expenses. All travel shall be at the expense of the Contractor.

DESCRIPTION OF

SERVICES

ESTIMATED

NUMBER OF

HOURS

NEEDED

X HOURLY RATE TOTAL

Labor

* Hourly Rate to commence upon Contract arrival at DSH Sacramento

Materials $ Unforeseeable expenses $

Total Quote:

ATTACHMENT 7

Bidder Declaration Form (GSPD-05-105)

Form is located at the following web address:

ATTACHMENT 8

Contractor Certification Clauses 04/2017 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-

List-Folder/Standard-Contract-Language.

ATTACHMENT 9

Payee Data Record (Std. 204) http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

ATTACHMENT 10

Insurance Certification

This form reminds bidders of the insurance requirements that may be imposed by this solicitation and provides samples of some of the forms that they may be required to produce prior to being awarded an agreement.

Initial Certification

Bidder acknowledges that they have reviewed and understands the insurance requirements for this solicitation as described in Attachment 14, Sample Agreement, Exhibit G, Insurance Requirements.

Bidder acknowledges that they have reviewed and understands the sample insurance forms provided with this attachment.

Bidder certifies that, if awarded an agreement, the bidder shall provide DSH with all required insurance documents as may be applicable, in a timely manner. This includes, but may not be limited to:

Certificates of insurance showing the bidder’s insurance coverage types and limitations, Proof that the bidder has insured the State of California, its officers, employees, and agents. Bidder further understands that this proof shall come in the form of either:

An endorsement to the bidder’s insurance policy (Form CG 20 10 11 85 or as broad as), A copy of the bidder’s current insurance policy that shows that the policy already insures all parties required to be insured by this Agreement.

Bidder certifies that, should Commercial General Liability insurance be required, and should the bidder use a subcontractor to complete a portion of this Agreement, the bidder shall either:

Include the subcontractor as an additional named insured under the bidder’s policy, Ensure that each subcontractor is insured under their own Commercial General Liability policy.

Bidder acknowledges that they understand that DSH reserves the right, at its sole discretion, to cancel a proposed award to a bidder who does not submit the required documentation described herein.

Bidders are reminded that there is no requirement to submit proof of insurance with their bid. Proof of insurance shall only be required of those firms awarded a contract.

ATTACHMENT 11

Darfur Contracting Act Certification

Public Contract Code sections 10475 - 10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal or bid.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code section 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477, subsection (b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to…