23ALSB-727C_IFB_LiveScan_Fingerprint_(InState)_FINAL.pdf

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RICARDO LARA

CALIFORNIA INSURANCE COMMISSIONER

INVITATION FOR BID

Notice to Prospective Bidders

September 20, 2024

You are invited to review and respond to this Invitation for Bid (IFB) #23ALSB-727C, entitled Live Scan Fingerprint Services. The California Department of Insurance (CDI) intends to award one (1) contract for the Agreement term of twenty-four (24) months plus up to two (2) additional terms of twenty-four (24) months each.

The total Agreement length may be a maximum of six (6) years. In submitting a bid, it must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of CDI, this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Jose Regalado

California Department of Insurance Financial and Business Management Division - Business Management Bureau

BMB_Procurement@insurance.ca.gov

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

https://www.dgs.ca.gov/OLS/Resources mailto:BMB_Procurement@insurance.ca.gov

California Department of Insurance (CDI)

IFB# 23ALSB-727C

Table of Contents

Section Page(s)

A) Purpose and Description of Services 3-8

B) Bidder Minimum Qualifications 9

C) Bid Requirements and Information 9

1) Key Action Dates 11

2) Duration/Renewal Options 11

3) Submission of Bid 11-13

4) Evaluation and Selection 14

5) Award and Protest 14

6) Miscellaneous Award Issues 14

7) Disposition of Bids 15

8) Agreement Execution and Performance 15

D) Preference Programs 15-19

1) Small Business Preference 15-16

2) DVBE Incentive 17-18

3) Target Area Contract Preference Act (TACPA) 18-19

E) Required Attachments 19

1) Required Attachment Check List 20-22

2) Bid/Bidder Certification Sheet 23

3) Cost/Bid Sheet 25

4) Bidder Identification of Staff 26

5) Bidder References 27

6) Contractor Certification Clauses (CCC) 04/2017 22

7) Disabled Veterans Business Enterprise/

Participation Forms and Instructions 28

8) Confidentiality and Non-Disclosure Agreement 29

9) Conflict of Interest Certification and Agreement 30

10) Non-Collusion Statement 31

11) California Civil Rights Laws Attachment 22

12) Commercially Useful Function 32

13) Iran Contracting Act Verification Form 22

14) Darfur Contracting Act Certification 22

15) Payee Data Record (STD 204) 22

16) Bidder Declaration (GSPD-05-105) 22

F) Sample Standard Agreement (STD 213)

1) Exhibit A, Scope of Work 39-41

2) Exhibit B, Budget Detail and Payment Provisions 39

3) Exhibit C, General Terms and Conditions 33/see link

4) Exhibit D, Special Terms and Conditions 40-41

A) Purpose and Description of Services

The purpose/objective of this IFB is to obtain Live Scan fingerprint services, in order to clear resident individuals applying for Insurance Agents, Brokers, Bail Agent, Insurance Adjuster and other individual insurance licenses in California. The majority of the license applicants must meet certain requirements that include passing a qualifying license examination, but all individual license applicants must submit fingerprints for a fingerprint-based background review. Currently, CDI licenses over 1,400 companies and more than 495,000 agents, brokers, adjusters, bail agents, other individual license qualifications, and business entities.

Background

Individuals applying for insurance agent, broker, bail agent, and insurance adjuster licenses in California must meet certain requirements that include passing a qualifying license examination and being cleared of a fingerprint- based background review. For the convenience of license applicants, Live Scan fingerprint services will need to be located near each examination site, so that individuals can get the required fingerprints done soon after taking the examination. The Live Scan fingerprint technicians, must be certified by the California Department of Justice (DOJ), at the location where they intend to fingerprint license applicants. When a fingerprint technician is not available near the test center, individuals may get fingerprints taken from any DOJ certified fingerprint technician.

Scope of Services

The scope of the IFB is only for the Live Scan fingerprinting services to be provided throughout California. In 2023, an average of 32,075 California resident applicants were fingerprinted at DOJ authorized vendor locations in California.

Live Scan Fingerprint Contractor/(Bidder) Provided Services

a. Bidder shall provide Live Scan fingerprint services for the following California resident insurance license applicants.

Definition of “Applicant”:

1) Applicants for insurance agent, broker, adjuster, bail agent, and other individual licenses issued by CDI. Insurance agent and broker license applicants and others who would like to engage or participate in the business of insurance in California, but have been identified as a “prohibited person” as defined under federal Title 18 USC 1033.

b. Electronic Transmission

1) Bidder shall electronically transmit all fingerprint impressions each business day to the DOJ, who will forward the fingerprint impressions to the Federal Bureau of Investigation (FBI).

c. Locations

1) Bidder shall provide Live Scan fingerprint services and electronically transmit fingerprint impressions at locations near license examination sites, throughout California.

PSI Test Center Locations as of September 4, 2024

a. Agoura Hills: 30851 Agoura Road, Ste. 302 Agoura Hills, CA 91301

b. Atascadero: 7305 Morro Road, Ste. 201A Atascadero, CA 93422

c. Bakersfield: 5405 Stockdale Highway, Ste. 206, Bakersfield, CA 93309

d. Carson: 17420 S. Avalon Boulevard, Ste. 205, Carson, CA 90746

e. Diamond Bar: 21660 East Copley Drive, Ste. 215 Diamond Bar, CA 91765

f. El Monte: Santa Fe Springs: 10330 Pioneer Boulevard, Ste. 285 Santa Fe Springs, CA

90670

g. Fresno: 351 E. Barstow, Ste. 101, Fresno, CA 93710

h. Lawndale: The Baytower Corporate Center, Ste. 330 15901 Hawthorne Blvd. Lawndale, CA

90260

i. Irvine: 8 Corporate Park, Suite 200, 2301 W. Lincoln Avenue, Ste. 252 Irvine, CA 92606

j. Redding: 2861 Churn Creek, Unit C, Redding, CA 96002

k. Riverside: 7888 Mission Grove Parkway S., Ste. 130 Riverside, CA 92508

l. Sacramento: 8950 Cal Center Drive, Ste. 158, Sacramento, CA 95826

m. San Diego: 5440 Morehouse Drive, Ste. 2300 San Diego, CA 92121

n. Santa Clara: 2936 Scott Boulevard, Santa Clara, CA 95054

o. Santa Rosa: 160 Wikiup Drive, Ste. 105 Santa Rosa, CA 95403

p. San Francisco: 150 Executive Park Boulevard, Ste. 2400 San Francisco, CA 94134

q. Union City: 32960 Alvarado-Niles Road, Ste. 650 Union City, CA 94587

r. Ventura: 4245 Market Street, Ste. 208, Ventura, CA 93003

s. Visalia: 3400 W Mineral King Avenue, Ste. D, Visalia, CA 93291

t. Walnut Creek: 175 Lennon Lane, Ste. 203 Walnut Creek, CA 94598

2) Bidder shall guarantee a DOJ certified fingerprint technician and DOJ certified Live Scan equipment at each of their locations from 8:00 a.m. until 5:00 p.m. (PST).

d. Payment Methods

1) Bidder shall collect all fingerprint fees, including the contractor’s fingerprint rolling fee, the DOJ processing fee and the FBI processing fee from all license Applicants, and remit the appropriate fees to the DOJ who, in turn, will pay the applicable FBI fee.

2) Bidder shall collect all fees. CDI will not take part in the collection of fees or the payment of services rendered.

3) Bidder shall provide several methods to accept payment (check, credit card, debit card, or money order).

4) Bidder assumes full responsibility for fee collection and the processing of non-sufficient funds

(“NSF”) or nonpayment of funds from all license Applicants.

5) Bidder shall not charge a rolling DOJ or FBI fee for individuals that received an Applicant Transaction Identifier (ATI) number when previously being fingerprinted, because of a rejection of fingerprints by either the DOJ or FBI and fingerprints need to be reprinted and resubmitted.

6) Bidder shall provide CDI a monthly report of all fees collected from Applicants and payments remitted to DOJ and FBI and associated fees, as well as fees retained by bidder.

7) Bidder shall remit fingerprint fee payments to DOJ and FBI within the number of days required by DOJ and FBI. Failure to make payments timely may result in the contract being amended to have payments remitted to CDI for processing.

e. Training

1) Bidder shall be responsible for the training and the DOJ certification of each fingerprint technician. Bidder shall provide CDI with a copy of each fingerprint technicians’ certificate prior to the transition of any new fingerprint technicians, during the term of this contract. DOJ requires fingerprint technicians to be certified before the technician is authorized to scan any fingerprints.

2) Bidder shall allow CDI to instruct the bidder’s staff, including the DOJ certified fingerprint technicians, on CDI’s fingerprint procedures. CDI shall conduct and complete the training within ten (10) days of executing the Agreement. The training will include, but is not limited to, the following:

a) Instructions for how the Applicants are to complete the appropriate Department forms stated in Section j, Submission of Fingerprints, at the bidder’s fingerprinting sites located throughout the State;

b) Instructions on how the fingerprint reports (see Section g, Required Fingerprint Reports) for California resident applicants are electronically provided to CDI (i.e., email attachment, internet link/s) no later than close-of-business on the next business day after the fingerprints have been taken.

f. Instructions on how the bidder responds to CDI’s fingerprinting concerns. The concerns will include, but not limited to, incorrect applicant demographic data in bidder’s fingerprint record, which the bidder’s staff recorded from the fingerprint card, the correction provided by CDI on the bidder’s fingerprint record, and the resubmission of rejected fingerprints to the DOJ. The bidder will need to be available by telephone or email to answer CDI’s fingerprinting concerns.

Required Fingerprint Reports

1) Bidder shall provide a listing of all fingerprint impressions completed each day for California resident Applicants to the DOJ using an electronic service approved by the DOJ on the same date the fingerprints are taken.

a) The listing of all fingerprint impressions completed each day, as described by CDI’s Live

Scan Service Request (LIC 442-39A), and required by DOJ’s Request for Live Scan Services (BCIA 8016). The BCIA shall include the following demographic data:

i) Applicant’s submission, which includes the Originating Request Identifier (ORI) code assigned by DOJ, authorized applicant type and type of license/certification/permit OR working title.

ii) Contributing Agency Information, which includes agency authorized to receive criminal record information, mail code, street address or P.O. Box, contact name, city, state, zip code, contact telephone number.

iii) Applicant Information, which includes last name, first name, middle initial, suffix, other name (AKA or Alias), last name, first name, middle initial, suffix, date of birth.

iv) Gender, height and weight, eye color and hair color, place of birth (State and County), social security number, home address (street address, P.O. Box, city, state, zip code), driver’s license number, billing number (agency billing number), miscellaneous number (other identification number), applicant’s signature, date.

v) Your number (OCA number [agency identifying number]), level of services (DOJ, FBI).

vi) If re-submission, list original ATI number (must provide proof of rejection).

vii) Employer (additional response for agencies specified by statute), employer name, street address or P.O. Box, telephone number (optional), city, state, zip code, mail code.

viii) Live Scan Transaction Completed By, name of operator, date, transmitting agency, Life Science Identifier (LSID), ATI number, amount collected/billed.

ix) Privacy Notice, as required by Civil Code section 1798.17.

x) Privacy Act Statement.

xi) Noncriminal Justice Applicant’s Privacy Rights.

2) Bidder shall provide a listing of all fingerprint impressions completed each day for California resident Applicants to CDI using an electronic service (e.g., email attachment) on a secured internet link no later than close-of-business on the next business day after the fingerprints have been taken.

a) The listing of all fingerprint impressions completed each day is to be provided in an Excel or comma-separated values (CSV) format to CDI and shall include the following demographic data:

i) First name

ii) Last name

iii) Social security number

iv) ATI Number

v) Date of birth

vi) Date printed and

vii) Indicating whether fingerprints scanned were paid or not paid

g. Equipment

1) Bidder shall guarantee that the DOJ certified Live Scan equipment is functioning properly Monday – Friday 8:00 a.m. – 5:00 p.m. (PST).

2) Bidder shall be responsible for the maintenance and the continued DOJ certification of the

Live Scan fingerprint equipment.

3) Bidder shall provide a scheduling database that contains demographic information on all Applicant’s scheduled for fingerprint impressions. The database must allow for any edits to the data recorded: (1) from fingerprint cards; (2) for correction of data as requested by CDI;

and (3) the determination of correct payment amounts (i.e., no payment for fingerprints scanned).

4) Bidder shall provide for a Live Scan system capable of electronically submitting fingerprints to the DOJ, which in turn, will forward the digital fingerprints to the FBI on a daily basis.

5) Bidder shall provide all software and data communications required to electronically transmit

Applicant demographic data from the scheduling database to the Live Scan machine at the fingerprinting location to the DOJ Network Automated Transmitting Management System

(NATMS).

h. Scheduling

1) Bidder shall provide a toll-free number for Applicants to call to schedule the location and date for a fingerprinting appointment prior to or to coincide with their scheduled licensing examination. The toll-free number can also be used for rescheduling an appointment, obtaining detailed directions to an appointment location and to verify the date and time of an appointment.

i. Submission of Fingerprints

1) Bidder shall have a copy of CDI’s Live Scan Service Request Form (LIC 442-39A), CDI’s Live Scan Service Request Form (LIC-051-CIU), and required by DOJ’s Request for Live Scan Services (BCIA 8016) available at the fingerprint locations (i.e., contractor’s business locations). CDI will supply copies of these forms to the bidder in order to collect and record all information on the Live Scan form that is not already uploaded into the scheduling database.

2) Bidder shall provide staff support from 8:00 a.m. to 5:00 p.m. (PST) each business day, by telephone, e-mail or internet access, to respond to CDI’s fingerprinting concerns.

3) Bidder shall guarantee that all scanned fingerprint impressions that are scanned, are transmitted to the DOJ.

4) Bidder shall provide CDI with a list containing each individual that had fingerprints Live

Scanned at the bidder’s offices. The daily fingerprint reports will be provided to CDI electronically (i.e., e-mail or internet link/s) no later than close of business on the next business day following the day that the fingerprints were live scanned.

5) Bidder’s daily fingerprinting reports (i.e., e-mail using a secured or internet link/s) shall include the following demographic data:

a) The DOJ requires collection of the type of application, Applicant’s first and last name, date of birth, gender, Applicant’s physical address and mailing address and date of fingerprints.

b) CDI requires the collection of the social security number, the Applicant’s telephone number and ATI number.

c) Bidder’s daily Live Scanned fingerprint impressions report will be provided via e-mail using a secured internet link.

j. Bidder’s Set-Up

1) Bidder shall set-up Live Scan fingerprint services so that CDI does not experience a break in the current Live Scan fingerprint services.

2) Bidder shall confirm that the fingerprint technician is completing the fingerprinting procedures accurately and timely.

k. Audits

Bidder shall allow CDI to periodically audit the bidder for compliance with the process and Agreement terms.

l. CDI’s Responsibilities

1) CDI Training according to the terms contained in the above Section e, Training.

B) Bidder Minimum Qualifications

See Attachment 1, Required Attachment Checklist, for a complete list of all requirements. Submit all the required information and/or show capacity to meet requirements. Any item not met causes the bid to be considered non-responsive.

1. Licenses and Permits

Bidder shall provide fingerprint technicians that are certified by the DOJ.

Where applicable, pursuant to California Business and Profession Code section 7028.15, bidder shall be an individual or firm licensed to do business in California. Bidder shall obtain at their expense all appropriate license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

Bidder shall submit with the bid:

a. City/county business license

b. Bidder’s state license number

c. License expiration date

d. Certification, under penalty of perjury, on accuracy of items a. and b. above

Failure to provide the appropriate license(s) or certification(s) necessary to perform the work by the bid opening date will be grounds for finding the bid non-responsive.

In the event any license(s) or certification(s) expire at any time during the term of this Agreement, the bidder agrees to provide CDI with a copy of the renewed license(s) and/or certification(s) within thirty (30) days following the expiration date. In the event the bidder fails to keep in effect, at all times, all required license(s) and certifications(s), CDI may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

2. Organization

a. Services and Activities

Provide a description of the nature of the organization's Live Scan fingerprint services and activities. Note when the business was established, brief history, and location(s).

b. Locations

Bidder shall provide a map of locations used by the prospective bidder relative to CDI’s examination sites.

List the location(s) of the office(s) from which the primary work on this Agreement would be performed.

a. Agoura Hills: 30851 Agoura Road, Ste. 302 Agoura Hills, CA 91301

b. Atascadero: 7305 Morro Road, Ste. 201A Atascadero, CA 93422

c. Bakersfield: 5405 Stockdale Highway, Ste. 206, Bakersfield, CA 93309

d. Carson: 17420 S. Avalon Boulevard, Ste. 205, Carson, CA 90746

e. Diamond Bar: 21660 East Copley Drive, Ste. 215 Diamond Bar, CA 91765

f. El Monte: Santa Fe Springs: 10330 Pioneer Boulevard, Ste. 285 Santa Fe Springs, CA 90670

g. Fresno: 351 E. Barstow, Ste. 101, Fresno, CA 93710

h. Lawndale: The Baytower Corporate Center, Ste. 330 15901 Hawthorne Blvd. Lawndale, CA

90260

i. Irvine: 8 Corporate Park, Suite 200, 2301 W. Lincoln Avenue, Ste. 252 Irvine, CA 92606

j. Redding: 2861 Churn Creek, Unit C, Redding, CA 96002

k. Riverside: 7888 Mission Grove Parkway S., Ste. 130 Riverside, CA 92508

l. Sacramento: 8950 Cal Center Drive, Ste. 158, Sacramento, CA 95826

m. San Diego: 5440 Morehouse Drive, Ste. 2300 San Diego, CA 92121

n. Santa Clara: 2936 Scott Boulevard, Santa Clara, CA 95054

o. Santa Rosa: 160 Wikiup Drive, Ste. 105 Santa Rosa, CA 95403

p. San Francisco: 150 Executive Park Boulevard, Ste. 2400 San Francisco, CA 94134

q. Union City: 32960 Alvarado-Niles Road, Ste. 650 Union City, CA 94587

r. Ventura: 4245 Market Street, Ste. 208, Ventura, CA 93003

s. Visalia: 3400 W Mineral King Avenue, Ste. D, Visalia, CA 93291

t. Walnut Creek: 175 Lennon Lane, Ste. 203 Walnut Creek, CA 94598

c. Changes in Organization

Bidder shall describe any significant changes in the firm’s organization and staffing during the previous three

(3) years.

d. No Conflict of Interest

If bidder is aware of any information, financial or otherwise, which might potentially cause a conflict of interest with CDI and/or its Licensing function, bidder shall disclose such information herein. A conflict of interest may be cause for rejection of bid.

e. Complaints

Bidder shall provide a description of any complaints regarding the prospective bidder’s Live Scan fingerprint services, activities or actions, filed with any court, governmental regulatory agency, or governmental or private consumer advocacy entity that is either pending or resolved within the past three (3) years. Include a description for the actual or expected resolutions of any such complaint, and a description of any such complaints resolved through monetary compensation outside of the above formal processes.

f. Project Manager Experience and Resume

Bidder shall identify one (1) individual on the bidder's team who will manage the Agreement work. Bidder shall verify the overall experience in Live Scan fingerprint services, with a minimum of five (5) years of service in this area.

g. Bidder shall provide the resume of the project manager and the person signing the Agreement.

h. References

1) Submission of Bidder References, Attachment 5, is mandatory.

2) Failure to complete and return this attachment with your proposal may cause your proposal to be rejected and deemed non-responsive.

3) Bidder MUST provide a minimum of two (2) and a maximum of three (3) references, with at least one (1) reference from a public agency.

4) The Bidder References should include references in which recommended assigned personnel previously performed related services as cited in this IFB.

5) At least one and possibly all references will be contacted.

i. Organization Chart

Bidder shall submit an organization chart, showing the hierarchy of key personnel to be working on project(s).

The chart must show the relationship between project manager and key personnel of the Bidder’s organization and all other parties (subcontractors) to the bid.

C) Bid Requirements and Information

1) Key Action Dates

Event Date Time IFB available to prospective bidders 9/20/24 __________ Written Question Submittal Deadline 10/2/24 5:00 PM PST (via email to bmb_procurement@insurance.ca.gov) Response to Written Answers 2/ 10/9/24 ______ Final Date for Bid Submission 1/ 10/16/24 4:00 PM PST Bid Evaluation/Cost Proposal Opening* 10/21/24 3:00 PM PST Interviews 2/ 10/28-11/12/24 __________ Notice of Intent to Award 2/ 11/13/24 _ _ _ _ Proposed Award Date* 11/26/24 _ _ _ _

1/ BMB_Procurement@insurance.ca.gov will confirm receipt of each proposal once received. To ensure timely confirmation, ensure that proposals are submitted as stated in C) Bid1Requirements and Information 1) Key Action Dates.

2/ These dates are estimated; therefore, this IFB will not be subject to a formal addendum should they change.

2) Duration/Renewal Option

The duration of the Agreement between CDI and the successful proposer is expected to begin upon the date of Agreement approval by both parties and CDI of General Services – Office of Legal Services and continue for twenty-four (24) months.

Subject to satisfactory performance and at its option, CDI reserves the right to amend the Agreement on the same terms and conditions with the successful bidder at the end of the Agreement term for up to two (2) additional terms of twenty-four (24) months. The total Agreement length may be a maximum of six (6) years.

Proposed amendments are assessed for approval by CDI, funding, consistency of price and service continuity.

3) Submission of Bid

a) All bids must be submitted electronically in a searchable .pdf file and sent to BMB_Procurement@insurance.ca.gov by dates and times shown in Section C, Bid Requirements and Information, Item 1) Key Action Dates (page 11). The email submission must be identified in the subject line with the IFB number and title, must show the firm name, as shown in the following example:

• 23ALSB-727C, IFB, Live Scan Fingerprint Services, Bidder Name

Bids not submitted as stated above may be considered non-responsive and be rejected for consideration.

mailto:bmb_procurement@insurance.ca.gov

b) All bids shall include the documents identified in Attachment 1, Required Attachment Checklist (see pages 18-20). Bids not including the proper “Required Attachments" shall be deemed non-responsive.

A non-responsive bid is one that does not meet the basic bid requirements.

c) All documents requiring an electronic signature of a person authorized to bind the bidding firm.

d) Submit your bid with attachments referenced in this document via email to BMB_Procurement@insurance.ca.gov by 4:00 PM PST on October 16, 2024. Please be advised that there may be a heavy network demand and the State assumes no responsibility if a bidder cannot transmit the IFB response via email, or if the entire IFB response is not received prior to the IFB due date and time. NOTE: It may be necessary to transmit files in several emails. If this is the case, all files should be identified as appropriate (i.e., part 1 of 5) and all parts must be received by the due date and time above. Paper submissions will not be accepted. The electronic documentation sent via this email transmission shall not be altered in any manner. The State’s copy of the electronic documentation developed for this IFB, is for the purposes of issuing a binding contract, and shall be considered the ORIGINAL. (Max file size per email 36 Mbs)

Cost proposal MUST be submitted in a separate email to BMB_Procurement@insurance.ca.gov and titled “COST/BID SHEET.”

e) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause the bid to be rejected or considered non-responsive.

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

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

h) An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification Sheet, Attachment 2 page 21. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected or considered non-responsive.

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

j) A bidder may withdraw its bid by submitting a written withdrawal request to the State via email to

BMB_Procurement@insurance.ca.gov, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

k) CDI may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties that received a bid package.

l) CDI reserves the right to reject all bids. CDI is not required to award an Agreement.

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

mailto:BMB_Procurement@insurance.ca.gov

n) Where applicable, bidder should carefully examine work sites and specifications. Bidder 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.

o) The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) and Contractor Certification Clause (CCC’s) are not negotiable.

p) No oral understanding or Agreement shall be binding on either party.

q) EXECUTIVE ORDER N-6-22 – 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 bid, 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/bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

r) GENERATIVE ARTIFICIAL INTELLIGENCE (Genai) Disclosure: The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor.

Failure to submit the GenAI Disclosure & Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

4) Evaluation and Selection

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

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

c) 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) Award if made, will be to the lowest responsive responsible bidder.

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

COST/BID Sheet Opening

i) The cost attachment will not be opened until the evaluation team has completed the requirements evaluation for each bidder. Bidders that are compliant in the administrative IFB response content and other requirements will have the Cost/Bid Attachment opened via Microsoft Teams.

Cost Evaluation

ii) The evaluation team will reconvene to complete cost evaluation after the cost opening. The cost sheet will be verified for mathematical accuracy. Errors will be resolved in accordance with the Bidder Instructions. After verification of costs, points will be assigned.

iii) If the cost sheet does not contain all required elements the bidder’s response may be disqualified from further consideration.

Selection

iv) Responsive and responsible bids will be evaluated on the factors in this IFB that have been assigned a point value. Award of this Contract, if any, will be to the Responsive and Responsible bidder with the highest total bid score that meets all requirements of the IFB including cost. The State reserves the right at any time to reject any or all bids.

5) Award and Protest

a) Notice of the proposed award shall be posted in a public place in the office of CDI, 300 Capitol Mall, 13th Floor Lobby, Sacramento, CA 95814, for five (5) working days prior to awarding the Agreement(s). If the agreement is awarded to any bidder, other than the lowest bid, the low bidder shall be notified via email within five (5) working days prior to the award of the agreement.

b) If any bidder, prior to the award of Agreement, files a protest with CDI (see address above) and the

Department of General Services, Office of Legal Services, Attention: Protest Coordinator, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, Email OLSProtests@dgs.ca.gov on the grounds that the (protesting) bidder would have been awarded the contract had the agency correctly applied the evaluation standard in the IFB, or if the agency followed the evaluation and scoring methods in the IFB, the Agreement shall not be awarded until either the protest has been withdrawn or CDI of General Services has decided the matter. Protests may be sent by regular mail, facsimile, courier or personal delivery. Protestants should include their fax numbers if they have one. It is suggested that you submit any protest by certified or registered mail.

c) Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of

General Services, Office of Legal Services and CDI a detailed statement specifying the grounds for the protest.

6) Miscellaneous Award Issues

Upon resolution of the protest and award of the Agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205, if applicable), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. No payment shall be made unless a completed Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205, if applicable) has been returned to the awarding agency. Miscellaneous Award Issues

a) CDI does not negotiate rates and/or costs listed on any Cost Proposal submitted for the IFB.

b) If no bids are received containing bids offering a price, which in the opinion of CDI is a reasonable price, CDI is not required to award an Agreement (Public Contract Code section, 10344 [d]).

mailto:OLSProtests@dgs.ca.gov https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

c) The bidder is advised that should this IFB result in an award of an Agreement, the Agreement will not be in force and no work shall be performed until the Agreement is fully approved by CDI and the bidder is notified by CDI Contract Manager to begin work.

d) In the event of a precise tie, the tiebreaker is a coin toss. Such event must be observed by witnesses, and the affected bidders would be invited.

e) In the event of a precise tie between the low responsible bid of a certified Small Business (SB) and the low responsible bid of a certified disabled veteran owned business (DVBE) that is also a SB, the contract must be awarded to the DVBE SB. (Government Code [GC] §14838 [f]; Cal. Code of Regs.

Title 2, 1896.8[f]).

7) Disposition of Bids

a) Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code (GC) section 7920-7931.) and subject to review by the public.

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

8) Agreement Execution and Performance

a) Performance shall start on the express date set by the awarding agency and the Bidder, after all approvals have been obtained and the Agreement is fully executed. Should the Bidder fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Bidder, reserves the right to terminate the Agreement. In addition, the Bidder shall be liable to the State for the difference between Bidder’s Bid price and the actual cost of performing work by another bidder.

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

D) Preference Programs

1) SB Preference California GC section 14835 allows a five (5) percent preference for bidders who are certified as a SB or micro-business (MB) with the State of California. Preference programs for businesses located in certain geographical area are also available.

a) A five (5) percent preference is also available to a non-SB claiming twenty-five (25) percent California-certified SB or MB subcontractor participation. Certified small businesses or microbusinesses can claim the 5 percent preference when submitting a bid on a State contract. A non-small business may receive a preference of 5 percent if the business commits to subcontract at least 25 percent of its net bid price with one or more small businesses or microbusinesses. The 5 percent preference is used only for computation purposes, to determine the winning bidder and does not alter the amounts of the resulting contract. The value of the preference is limited to $50,000 when a contract award is based upon award to the lowest compliant bid. A contract awarded on the basis of the 5 percent preference is awarded to the small business, microbusiness or non-small business for the actual amount of its bid.

b) A SB nonprofit veteran service agency (SB/NVSA) prime bidder meeting the requirements specified in the Military and Veterans Code section 999.50 through 999.51 and obtaining a California certification as SB or MB are also eligible for the five (5) percent SB preference.

c) An example of the method used in determining the successful bidder for an IFB, or the cost component of an IFB follows:

Bidder Bid Amount Bid After Preference

One $30,750.00 $30,750.00 Claims SB/MB status but is not a certified SB/MB; does not claim SB subcontractor participation

Two $28,975.00 $28,975.00 Does not claim to be a SB/MB, and does not claim subcontractor participation

Three $29,520.00 $28,071.25 Claims non-SB subcontractor preference and does commit to 25 percent certified SB/MB participation

Four $29,870.00 $28,421.25 Claims SB/MB status and is a certified SB/MB

For evaluation purposes, five (5) percent of the low responsible bid of $28,975.00 would be $1,448.75 ($28,975.00 x .05); that amount would be subtracted from the bids of Three (for a bid after preference total of $28,071.25) and Four (for a bid after preference total of $28,421.25). The contract would be awarded to bidder Four for $29,870.00, as the non-small business subcontractor preference cannot remove an award from a certified small business or microbusiness.

d) Commercially Useful Function:

Commercially useful function is defined as: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of service and goods); 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 functions; 4) Is responsible, with respect to products, inventories, materials and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and 5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of small business participation. (GC section 14837(d)(4); Cal. Code Regs., Title. 2, section 1896.15.)

e) Bidders must document SB participation commitment by completing and submitting a Bidder Declaration (GSPD-05-105). Bids that fail to submit the required form to confirm the level of SB participation will not be eligible to receive the SB Preference. Procedures for Tie Bids Between a SB and DVBE SB.

In the event of a precise tie between the low responsible bid of a certified SB and the low responsible bid of a certified DVBE that is also a SB, the contract must be awarded to the DVBE SB. (GC section 14838 (f); Cal. Code Regs., Title 2, section 1896.8(f)).

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

2) DVBE Incentive

A DVBE, certified with the State of California, incentive will be given to bidders who provide DVBE participation to perform a “commercially useful function”. For evaluation purposes only, the State shall apply a DVBE Bid incentive to bids that propose DVBE participation as identified on the Bidder Declaration (GSPD-05-105) and confirmed by the State. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentage will apply for awards based on low price.

Confirmed DVBE Participation DVBE Incentive 5.00% or Over 5% 4.00% - 4.99% inclusive 4% 3.00% - 3.99% inclusive 3% 2.00% - 2.99% inclusive 2% 1.00% - 1.99% inclusive 1%

As applicable: Awards based on low price – the net bid price of responsive bids 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 SB or MB, the only bidders eligible for the incentive will be California certified SB’s or MB’s. The incentive adjustment for awards based on low price cannot exceed 5 percent or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

Bidders must document DVBE participation commitment by completing and submitting a Bidder Declaration (GSPD-05-105). Bids that fail to submit the required form to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive.

a) Non-DVBE Proposer incentive considerations:

i. Commit to using certified DVBE(s) for more than 1 percent of the proposal value.

ii. Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-105).

At CDI’s option prior to contract award, a Proposer is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on Bidder Declaration (GSPD-05- 105). The RFP Contract Analyst named in the solicitation may contact each listed DVBE, by email or telephone, for verification of the Proposer’s submitted DVBE information. When requested, the document(s) must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for proposal rejection.

b) Commercially Useful Function:

In the California Code of Regulations, the term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirement of section 1896.61; is certified in accordance with section 1896.71; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined California Code of Regulations, Title 2, section 1896.71 and Military & Veterans Code section 999, a person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following:

i. Is responsible for the execution of a distinct element of the work contract (including the https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf supplying of services and goods).

ii. Carries out the 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 contract, 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.

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DVBE participation.

3) Target Area Contract Preference Act (TACPA)

Under the provisions of the TACPA, Government Code section 4530 through 4535.3; the program was established to stimulate economic growth and employment opportunities in designated Areas throughout the State of California. To claim the TACPA preference, which may not exceed 9 percent (combination of the 5 percent Worksite Preference with the maximum 4 percent Work Force Preference) up to $50,000.00, for any bid, a Bidder must comply with GC sections 4534, 4534.1 and 4535.2 (a). This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid/offer.

a) Pre-Award Demonstration Requirements If bidders wish to be considered for the preference, they must demonstrate and certify that they will comply with the requirements of the Act. Bidders must complete and submit all included or referenced solicitation preference program forms to be considered for a preference. The information provided must demonstrate that the bidder has the ability to comply with the terms and provisions of the preference program. The State, as part of its evaluation process, reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from bidders, manufacturers, subcontractors and any other sources available at the time of bid evaluation.

Refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State’s request, may result in denial of the preferences requested.

b) Contract Award Compliance Requirements Contracts awarded with applied preference will be monitored throughout the life of the contract for compliance with the statutory, regulatory, and contractual requirements. If awarded the contract, the contractor agrees to: (1) comply with the requirements of the Act and with attendant rules and regulations, (2) allow the state contracting agency (CDI) to have access to its facilities or premises to inspect, review, obtain and copy all records pertinent to the performance of the contract or to determine compliance with the Act, and (3) to retain such records for three (3) years following final payment on the contract.

Contractor agrees, with respect to certification, to hire persons with high risk of unemployment, or from high unemployment areas, and to act in good faith to retain the employees for the duration of the contract, and, if necessary, replace such person with other persons meeting the same qualifications. Contractors are to promptly notify the State of the names of persons that have been terminated or who have been absent for more than three (3) consecutive days to communicate the reasons for the termination or absence. Contractors agree, under such circumstances, to consult with C D I and the Employment Development Department with respect to replacement of such persons.

Bidders should review the detailed requirements for TACPA at California Code of Regulations, Title 2, section 1896.40, Contract Provisions.

Form which must be submitted is: Target Area Contract Preference Act Preference Request for Goods and Services Solicitations (STD 830), Manufacturer's Summary of Contract Activities and Labor Hours (DGS/PD 525), Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 526) for TACPA.

Contractors who do not comply with the preference reporting requirements or fail to provide the information necessary to monitor compliance are subject to sanctions as set forth in the statutes.

The TACPA workplace and workforce preferences will be evaluated for this solicitation. California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone: Request-a Target-Area-Contract-Preference

By submitting…