24-0019-IFB_Addendum_1.pdf

CALIFORNIA DEPARTMENT OF JUSTICE

Office of the Attorney General Division of Operations Contracts and Purchasing Unit 1300 I Street, Suite 820 Sacramento, California 95814

Friday, April 26, 2024

Invitation for Bid Number 24-0019-IFB

Notice to Prospective Bidders

The California Department of Justice (DOJ) invites prospective bidders to review and respond to the attached Invitation for Bid (IFB) Number 24-0019-IFB entitled, “DOJ – Division of Civil Law – Subpoena Preparation, Subpoena Service, Court Filing, E-Filing, and Messenger Services”.

When preparing and submitting a bid, compliance with the instructions found herein is imperative.

All agreements entered into with the State of California shall include, by reference, General Terms and Conditions (GTC 04/2017) that may be viewed and downloaded at the following site:

https://www.dgs.ca.gov/OLS/Resources. If any prospective bidder lacks Internet access, a hard copy of these items can be obtained by contacting Christina Galvan at Christina.Galvan@doj.ca.gov or

(916) 210-6432.

If a discrepancy occurs between the information in the advertisement appearing in the California Department of General Services, Cal eProcure website and the information herein, the information in this notice and in the attached IFB shall take precedence.

I. Bid Due Date

Regardless of postmark or method of delivery, the California Department of Justice, Contracts and Purchasing Unit must receive bid packages no later than 3:00 PM (PST) on Friday, May 10, 2024. For detailed submission instructions, see section L of this IFB entitled, “Submission of Bids”.

II. Disabled Veteran Business Enterprise (DVBE) Participation Requirements

The DVBE participation requirement is MANDATORY for this solicitation. This means that you MUST subcontract with a DVBE for at least 3% of the total dollar amount of the agreement resulting from this IFB. NOTE: You MUST complete the attached GSPD-05-105 Bidder Declaration form to show your DVBE Participation. Putting “N/A” on the form will not satisfy the requirement. If you have questions, or need assistance please contact the DOJ, SB/DVBE Advocate at Advocate@doj.ca.gov.

If you go above the requirement and subcontract for 3.25 % or more of the total dollar amount of the agreement resulting from this IFB, you may be eligible to receive a DVBE Incentive. For more information regarding this option, see section O of this IFB entitled, “Preference and Incentive Programs”.

https://www.dgs.ca.gov/OLS/Resources mailto:Christina.Galvan@doj.ca.gov mailto:Advocate@doj.ca.gov

Prospective Bidders

III. Funding Limit

The proposed agreement is valid and enforceable only if sufficient funds are made available by the Budget Act of the appropriate fiscal year for the purpose(s) of the agreement.

In addition, the proposed agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature, which may affect the provisions, terms, or funding of the agreement in any manner. If full funding does not become available, the DOJ will either cancel the resulting agreement or amend it to reflect reduced funding and reduced activities.

IV. Bidder Questions

In the opinion of the DOJ, this Invitation for Bid is complete and without need of explanation.

However, if questions arise or there is a need to obtain clarifying information, put all inquiries in writing and route them to the DOJ following the instructions set forth in section D of this IFB entitled, “Bidder Questions”.

V. Executive Order N-6-22 Economic Sanctions Against Russia

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. The EO directs State agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of the agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Thank you for your interest in the service needs of the California Department of Justice.

Sincerely, Christina Galvan Associate Governmental Program Analyst

Enclosures

Invitation for Bid 24-0019-IFB

DOJ – Division of Civil Law – Subpoena Preparation, Subpoena Service, Court

Filing, E-Filing, and Messenger Services

California Department of Justice Division of Operations

Contracts and Purchasing Unit 1300 I Street, Suite 820

DOJ – Division of Civil Law Subpoena Preparation, Subpoena Service, Court Filing, E-Filing, and Messenger Services 24-0019-IFB

Page i

Table of Contents

A. Purpose and Description of Services

B. Time Schedule

C. Agreement Term

D. Bidder Questions

1. What to include in an inquiry

2. Question deadline

3. How to submit questions

4. Verbal questions

E. Pre-Bid Conference/Walkthrough

F. License/Permits/Insurance Papers

G. Statement of Work

H. Failure to Perform

I. Penalty Schedule

J. Qualification Requirements

K. Bid Format and Content Requirements

1. General instructions

2. Bid format requirements

3. Bid content requirements

4. Required attachments/documentation

L. Submission of Bids

1. Submission instructions

2. Proof of timely receipt

3. Bidder costs

M. Bid Opening

N. Bid Requirements and Information

1. Non-responsive bids

2. Bid modifications after submission

3. Bid mistakes

4. Withdrawal and/or resubmission of bids

a. Withdrawal deadline

b. Submitting a withdrawal request

c. Resubmitting a bid package

5. Evaluation and selection

a. Bid opening/reading

Page ii

b. Bid package review

c. Notice of Intent to Award

6. Agreement award and protests

a. Agreement award

b. Settlement of tie bids

c. Protests

1) Who can protest

2) Grounds for protests

3) Protest time lines

4) Submitting a protest

7. Disposition of bids

8. Inspecting or obtaining copies of bids

a. Who can inspect or copy bid materials

b. What can be inspected/copied and when

c. Inspecting or obtaining copies of bid materials

9. Verification of bidder information

10. DOJ rights

a. IFB corrections

b. Collecting information from bidders

c. Immaterial bid defects

d. Correction of clerical or mathematical errors

e. Right to remedy errors

f. No Agreement award or IFB cancellation

g. Agreement amendments after award

O. Preference and Incentive Programs

1. Small/Micro Business Preference (preference not to exceed $50,000)

2. Non-Small Business Subcontractor Preference (preference not to exceed $50,000)

3. Disabled Veteran Business Enterprise (DVBE) Incentive

4. Nonprofit Veteran Service Agency (NVSA) Small business Preference (preference not to exceed $50,000)

5. Other Prefereance Programs

P. Agreement Terms and Conditions

1. Sample Agreement Forms/Exhibits

2. Unanticipated tasks

3. Resolution of differences between IFB and agreement language

Page iii

Required Attachments

Attachment # Attachment Name

Attachment 1 Bid Form

Attachment 2 Required Attachment/Certification Checklist

Attachment 3 Bid Evaluation Form (For DOJ Use Only)

Attachment 4 Client References

Attachment 5 CCC 04/2017– Contractor Certification Clauses

Attachment 6 Darfur Contracting Act Certification (DGS PD 1)

Attachment 7 Payee Data Record (STD 204)

Attachment 8 Conflict of Interest and Confidentiality Statement - Vendor

Attachment 9

Attachment 9a

California Disabled Veteran Business Enterprise (DVBE) - Bid Incentive Instructions, and Resources and Information

Disabled Veteran Business Enterprise Declarations (DGS PD 843)

Attachment 10

Attachment 10a

Non-Small Business Subcontractor Preference Instructions

Small Business Subcontractor/Supplier Acknowledgement

Attachment 11 Bidder Declaration and Bidder Instructions (GSPD-05-105)

Attachment 12

Attachment 13

Attachment 14

Attachment 15

California Civil Rights Laws Attachment (DGS OLS 04)

Iran Contracting Act Verification Form (DGS PD 3)

DOJ Non-Criminal Justice Security Requirements for Research_Contractor_Vendor_v1

DOJ Security Requirements for Research_Contractor_Vendor_v1.0

Page iv

Sample Agreement Forms/Exhibits

Form/Exhibit Title Form/Exhibit Name

STD 213 Standard Agreement

Exhibit A Statement of Work

Exhibit B Budget Detail and Payment Provisions

Exhibit C General Terms and Conditions. View or download at this Internet site:

https://www.dgs.ca.gov/ols/Resources

Exhibit D Special Terms and Conditions

Exhibit E Additional Provisions https://www.dgs.ca.gov/ols/Resources

A. Purpose and Description of Services The California Department of Justice (DOJ) is soliciting bids from firms that are able to provide Subpoena Preparation, Subpoena Service, Court Filing, E-Filing, and Messenger Services for the DOJ, Division of Civil Law. Bids must address all of the services described in section G of this Invitation for Bid (IFB) entitled, “Statement of Work”, including those terms in the referenced exhibits.

The DOJ intends to make a single agreement award to the responsive and responsible firm offering the lowest bid. This IFB is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Time Schedule

Below is the tentative time schedule for this IFB:

C. Agreement Term

The term of the resulting agreement is expected to be for 3 years and is anticipated to be effective from Monday, July 01, 2024 through Wednesday, June 30, 2027, with the option to extend the term at the discretion of the DOJ and upon approval, if required, from the California Department of General Services (DGS). The agreement term may change if the DOJ makes an award earlier than expected or if the DOJ cannot execute the agreement by the anticipated start date due to unforeseen delays. The DOJ reserves the right to extend the term of the resulting agreement as necessary to complete the services needed by the DOJ. Agreement extensions are subject to satisfactory performance by the Contractor, funding availability, and possibly approval by the DGS.

The resulting agreement will be of no force or effect until it is signed by both parties and approved by the DGS, if required. The successful bidder is hereby advised not to commence performance until all approvals have been obtained. If performance commences before all approvals are obtained, said services may be considered to have been volunteered.

Event Date Time (If applicable)

IFB Released Friday, April 26, 2024

Pre-Bid Conference (Optional) Not Applicable

Walk Through (Optional) Not Applicable

Questions Due Friday, May 03, 2024 3:00 PM (PST)

Bid Due Date Friday, May 10, 2024 3:00 PM (PST)

Bid Opening Monday, May 13, 2024 10:00 AM (PST)

Proposed Start Date of Agreement Monday, July 01, 2024

D. Bidder Questions

Bidders shall immediately notify the DOJ if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions, or requirements.

All inquiries must be in writing and submitted to the DOJ via electronic mail no later than the date and time stated in section B of this IFB entitled, “Time Schedule”. At its discretion, the DOJ reserves the right to contact an inquirer to seek clarification of any inquiry received.

Bidders that fail to report a known or suspected problem with this IFB and/or any accompanying materials, or fail to seek clarification and/or correction of this IFB and/or any accompanying materials, shall submit a bid at their own risk. In addition, if awarded the agreement, the successful bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error.

If an inquiry appears to be unique to a single firm or is marked “Confidential,” the DOJ will email a response only to the inquirer if the DOJ concurs with the bidder’s claim that the inquiry is sensitive or proprietary in nature. If the DOJ does not concur, the inquiry will be answered in the manner described herein and the bidder will be so notified. Inquiries and/or responses that the DOJ agrees should be held in confidence shall be held in confidence only until the Notice of Intent to Award is posted.

1. What to include in an inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, email address, area code and telephone number.

b. A description of the subject or issue in question or discrepancy found.

c. IFB section, page number or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any. A bidder that desires clarification about specific IFB requirements and/or whose inquiry relates to sensitive issues or proprietary aspects of a bid may submit individual questions that are marked “Confidential". The bidder must include with its inquiry an explanation as to why it believes questions marked “Confidential” are sensitive or surround a proprietary issue.

2. Question deadline

Submit questions and inquiries no later than the date and time stated in section B of this IFB entitled, “Time Schedule”.

The DOJ will accept questions and inquiries about the following issues up to the bid due date:

a. DVBE participation.

b. How to complete DVBE attachments.

c. The reporting of IFB errors or irregularities.

3. How to submit questions

Please submit questions and inquiries regarding 24-0019-IFB to Christina Galvan at Christina.Galvan@doj.ca.gov.

Note: Please type “Questions re 24-0019-IFB” in subject line of email.

4. Verbal questions

The DOJ reserves the right not to accept or respond to verbal questions and inquiries. Verbal remarks provided in response to verbal questions and inquiries are unofficial and are not binding on the DOJ unless later confirmed in writing. Any additional requirements shall be issued in the form of an addendum to all potential bidders.

Direct all verbal requests for DVBE assistance to the DOJ, SB/DVBE Advocate at Advocate@doj.ca.gov up to the bid due date.

E. Pre-Bid Conference/Walkthrough

The DOJ will not hold a Pre-Bid Conference or Walkthrough for this IFB.

F. License/Permits/Insurance Papers

1. Contractor shall have and submit copies with IFB all applicable certificates of insurance, permit, licenses and other forms of documentation required to comply with the laws of the State of California.

2. Contractor shall be an individual or firm licensed to do business in California and shall obtain at its expense all license(s) and permit(s) required by law for accomplishing any work required in connection with the agreement.

3. If the Contractor is located within the State of California, the Contractor must be in good standing with the Secretary of State (if applicable). For more information regarding the Secretary of State, please visit: sos.ca.gov.

4. If the Contractor is out of State, the Contractor must provide a copy of their Board of Equalization Permit along with a copy of their Secretary of State (if applicable) to show the Contractor is eligible to do business in California.

G. Statement of Work

Contractor agrees to provide to the Department of Justice (DOJ) services as described herein:

It is the intent of the State of California, Department of Justice (DOJ), Division of Operations (OPS), Sacramento, Oakland, San Francisco, Fresno, San Diego, and Los Angeles Legal Offices to provide Subpoena Preparation, Subpoena Service, Court Filing, E-Filing, and Messenger Services. Exceptions to the designated area may include other parts of the State of California and other states.

All work requested of the Contractor shall follow Management Memo 07-06, issued June 21, 2007 by the Department of General Services (DGS), which limits the ability of state agencies to contract for printing services. Use of this contract is limited to work that cannot be performed by in-house DOJ printing and reproduction facilities and has received a written Government Code Section 19130 exemption letter and number from the Office of State mailto:Advocate@doj.ca.gov

Publishing, Department of General Services. The DOJ project representative is responsible for ensuring that all work meets the requirements of this section.

DGS Management Memo 07-06: https://www.dgs.ca.gov/-/media/Divisions/OTPFS/Memos/MM07_06.pdf

The DOJ has a need for:

1. Statewide pricing, and a simple pricing matrix for services.

Contractor will provide a simple pricing sheet, including cutoff times for regular, rush, and express services, which DOJ staff can easily reference. The pricing sheet must include rates for one-way and round-trip messenger services from all six (6) DOJ offices to each of the fifty-eight (58) counties in California.

2. Subpoena preparation services:

Which includes, but is not limited to, completion of subpoena preparation, subpoena service, and follow-up declaration of service. Contractor will perform these services on a strictly as-need basis only when instructed by the DOJ.

3. E-filing services:

Contractor must have the capability to e-file court documents on an as-needed basis when requested by the DOJ. These services will be used in emergency and/or rush situations when standard filing will not meet the filing deadline.

4. Daily court filings, daily court runs, and messenger services:

Which includes, but is not limited to: Transport of correspondence between the DOJ and other State agencies, law offices, administrative offices, newspaper and media offices, courts, etc., when requested by staff at the DOJ. Provide courtesy copies to courts and counsel, obtain signatures, prepare and personally serve proofs of service, obtain declaration of proof of service, and advance fees. These services may be requested as a Regular service, Rush Service, and Express Service. In the event that a DOJ office requires daily court runs, daily courier runs will be made from each DOJ office to the necessary courthouses. Contractor is to establish regular courier pickups from DOJ offices that require daily court runs, occurring not less than twice between the hours of 8:00 a.m. (PST) and 11:00 a.m. (PST), and not less than twice between the hours of 12:00 p.m. (PST) and 3:00 p.m. (PST), Monday through Friday, excluding State and Federal holidays. Requests for Rush and Express service are to be handled as exceptions to the regularly scheduled pickups. (Please note: Exceptions to the designated areas listed in the service schedule may include other parts of the State of California and other states.)

5. Contractor's responsibilities (shall include, but are not limited to the following):

a. Originating location of service would be at the Department of Justice (DOJ):

• 1300 I Street, Sacramento, CA 95814

• 455 Golden Gate Ave., San Francisco, CA 94102

• 1515 Clay Street, Oakland, CA 94612

• 2550 Mariposa Mall, Room 5090, Fresno, CA 93721

• 600 West Broadway, Suite 1800, San Diego, CA 92101

• 300 South Spring Street, Los Angeles, CA 90013

b. All work shall be done by experts with an established reputation for executing their work by the absolute best methods.

https://www.dgs.ca.gov/-/media/Divisions/OTPFS/Memos/MM07_06.pdf

c. All services shall be always subject to inspection by the DOJ during the performance thereof. If through inspection it is determined that the services and/or materials furnished in connection therewith are not in accordance with the terms described, the DOJ may at its option have the work performed elsewhere, charging the Contractor with any cost occasioned thereby.

d. All services shall be ordered using a PDF order form approved by DOJ or via online portal. Service costs shall be the same throughout the State. Orders submitted electronically to the Contractor shall use the DOJ office nearest the destination as their origin point.

e. Contractor shall have prior experience in subpoena preparation, subpoena service, follow-up declaration of service, court filing, e-filing, court courier, and messenger services.

f. When tasked with subpoena service, Contractor is authorized a maximum of four

(4) attempts to successfully complete service before further attempts would add additional fees, at which point they must cease and notify the DOJ of the status.

Any further attempts at service must be approved by the DOJ in writing.

g. If the Contractor advances a check to a witness or other party in order to complete a service, the Contractor must provide DOJ with that person’s name, business name, DBA name, mailing address, email address, phone number, and entity type (sole proprietor/individual, single member LLC, partnership, estate, or trust, and for corporations, indicate whether it is medical, legal, exempt, or other).

Contractor will provide DOJ with copies of canceled checks within 60 days of the check’s issuance.

h. Contractor shall have the ability to process an electronic billing system to the DOJ Accounting Headquarters in Sacramento, California to which invoices are electronically transmitted via both PDF and an MS Access compatible format approved by DOJ in addition to submitting monthly copies to the appropriate local originating Legal Office. Upon request, individual itemized invoices for an order should be provided to DOJ which will include, but not be limited to, the billing details listed below. Specific billing information related to each billable task must be applied, including but not limited to:

Case Name, Full Twenty- 20 Digit Docket Number, Deputy Attorney General requesting service, Location of Service Request, Date of Request, Date Completed, Document or Service Type (i.e., court filing, e-filing, court courier, messenger service, subpoena service, request for records, etc.), Contract Number.

Fee schedule must match the billable items on the invoice. Each service needs expanded information as listed above.

DOJ reserves the option to, at any time, review and request modifications to the formatting, delivery, structure, content, level of detail, or any other aspect of invoices and billing-related communications.

i. Contractor shall be responsible for pick-up and delivery to and from locations designated by the DOJ.

j. Driver shall be responsible to complete the instruction form at the time of pick-up and to annotate the time the package was picked up.

k. Drivers shall provide proper identification when providing subpoena preparation and messenger service to the DOJ. This identification is required to be always visible. Identification may include, but not be limited to, a badge, uniform and/or vehicles displaying company name.

l. Contractor shall provide appropriate transportation for pickup and delivery of documents.

Transportation service must be in a secured vehicle which is lockable from the inside and outside, large enough to transport the documents, is sturdy, reliable, and protects the documents from all types of hazardous elements. Open bed pickup trucks and open air vehicles such as a Jeep with the top and/or doors removed, dune buggy, rock crawler, or similar type vehicle is not considered to be appropriate transportation. A pickup truck with a secure, locking camper shell or similar type bed cover is considered appropriate transportation.

Documents will be received, transported, handled, and delivered in a manner that assures the integrity and security of the documents and information contained therein. Documents will not be left unattended or unsecured at any time. Vehicles will be locked during all phases of transport. Vehicle windows will be shut whenever vehicle is standing.

m. Contractor shall be capable of tracking documents and identifying the location of the document within fifteen (15) minutes of the DOJ's request.

n. Due to the sensitivity of the nature of work being transported, Contractor is responsible for responding to questions, complaints or inquiries about the status of service within twenty- four (24) hours. Such responses may be made in writing or by phone. It is imperative that questions, complaints or inquiries are settled mutually by both parties. Satisfaction of the complaint may include adjustment in charge to and including no charge for unsatisfactory performance and cooperation with the DOJ's need for declaration from vendor. Any patterns of continuous unsatisfactory service are subject to contract termination.

o. Service shall be available seven (7) days a week, twenty-four (24) hours a day, if required by the DOJ. The use of this service, beyond the normal business hours of 8:00 a.m. (PST) - 5:00 p.m. (PST) Monday through Friday would be highly unusual. Services outside normal business hours or on weekends are not anticipated but must be available if the need arises.

p. While Contractor is driving for the purposes of this contract, they will always choose the most direct route from the location of origin to the destination.

Unnecessary deviations will be considered at odds with the terms of this contract and continuous unsatisfactory service will be subject to contract termination. If a driver must deviate due to traffic or detour, they are required to notify the requestor.

q. Contractor is responsible for loading all packages into courier vehicles and providing a hand truck, if necessary.

r. No items may be relocated from the requested city without the consent of the DOJ. If for any purpose the Contractor finds it necessary to transport or relocate any documents, evidence, or similar items outside of the requested city, contractor must first contact the DOJ in order to seek approval of said relocation.

s. Exceptions to the designated area may include other parts of the State of California and other states.

t. Contractor understands the DOJ is exempt from court filing fees per Government Code 6103. It is the Contractor’s responsibility to provide the exemption documentation to the court. Under no circumstances will the DOJ pay fees for which department is exempt, including any costs incurred by the Contractor as a result of these fees while doing business under the terms of this agreement. The DOJ will not advance fees for such services on the basis of receiving a refund at a later date. No DOJ employee is allowed to fill out or submit a refund request for these services. If there is ever a question concern regarding this exemption, the Contractor is to contact the DOJ before proceeding.

u. Our office will be closed for the following state holidays:

• New Year's Day

• Martin Luther King Jr. Day

• Presidents' Day

• Cesar Chavez Day

• Memorial Day

• Independence Day

• Labor Day

• Veterans Day

• Thanksgiving Day

• Day after Thanksgiving Day

• Christmas Day

v. Contractor shall provide virtual training sessions for end-users every quarter, or at the request of DOJ. Contractor shall provide a definitions of service sheet for end-user reference.

w. Contractor will provide a primary client liaison within the organization for complex questions and customer service assistance. The liaison will be able to identify the most cost-effective and efficient solutions.

x. Use of cloud services and/or 3rd party data center also requires one of the following to be submitted to the CA Department of Justice Chief Information Officer (CIO), to be submitted by Program Analyst for review:

• A System and Organization Control (SOC) 2 type I or type II; or

• A Federal Risk and Authorization Management Program (FedRAMP)

Authorization assessed at the moderate or high security baseline.

(https://www.fedramp.gov/)

All work shall be done by experts with an established reputation for executing their work by the very best methods. All services shall be subject to inspection by the DOJ at any, and all times during the performance thereof. If through inspection it is determined that the services and/or materials furnished in connection therewith are not in accordance with the terms described, the https://www.fedramp.gov/

DOJ may at its option have the work performed elsewhere, charging the Contractor with any cost occasioned thereby.

H. Failure to Perform In the event the Contractor is unable to perform the services contracted for as to quality, quantity, or for any other reason violates the specifications set forth in the agreement, such action shall constitute cause to null and void the agreement.

It is understood and agreed that the DOJ reserves the right to obtain at its discretion the contracted services outside the terms of the agreement.

I. Penalty Schedule In the event the Contractor, or its subcontractor fails to provide services within the time period designated, damage will be sustained by the DOJ. Therefore, the parties agree that the Contractor shall pay the DOJ the actual cost incurred as the result of using another Contractor plus a late fee of $100.00 per occurrence.

Such penalties shall be deducted by the DOJ from amounts owed by the Department to the Contractor.

A repetition of late response time shall be considered a failure to perform and shall be considered cause for the DOJ to terminate the agreement.

J. Qualification Requirements Failure to meet the following requirements by the bid due date will be grounds for the DOJ to deem a bidder non-responsive. In submitting a bid, each bidder must certify that it possesses the following qualification requirements.

1. Bidder shall provide all personnel, labor, equipment, required materials, tools, supplies, certificates, licenses and/or permits, and insurance necessary to provide Subpoena Preparation, Subpoena Service, Court Filing, E-Filing, and Messenger Services. All certificates, licenses and permits shall be current and in effect at the time of the bid, and throughout the term of the agreement.

2. Bidder shall have a regular place of business located within the State of California.

3. SECURITY CLEARANCE The successful bidder and/or employees of the successful bidder who will have access to the DOJ facility shall successfully complete a security/background clearance. Prior to the agreement period, all company personnel directly associated with field operations must complete the security/background clearance.

This security/background clearance consists of a complete search through the State of California and the Federal Bureau of Investigation (FBI) criminal history systems. Fingerprint is to be done by the DOJ. This security clearance consists of a name search through the State of California and federal criminal history systems. These automated systems will include the following: federal and state criminal records, Department of Motor Vehicle records, outstanding warrants, restraining orders, automated property, and firearms clearances.

To facilitate the competition of the background process, each employee of the successful bidder who will be directly associated with the DOJ, will be required to complete a package supplied by the DOJ, Office of the Chief, Background Investigations Unit, no less than one (1) month prior to the designated period of the operations. Although the agreement may be awarded, individuals cannot begin operations prior to the approval of the security/background clearance check.

This package will include:

Personal History Statement – Form # POST – 2-251 (This form includes the required following information: Personal, Relative and References, Education, Residences, Experience and Employment, Military Service, Financial, Legal, Motor Vehicle Operation, and General Information)

Authorization to Release Information – Form #DLE-201

Fingerprint Card–Form #FD-258; and Live Scan Fingerprint – Form #BCIA-8016D.

Please note – One or the other, not both, of the fingerprint forms is required to complete the security/background clearance check. The fingerprint form used will be dependent upon the availability of the system used by the fingerprinting facility.

Fingerprint Authorization and Release Form JUS 8820 – The successful bidder shall be responsible for all costs incurred as a result, of the background/security clearance of their employees. These costs shall NOT be passed along to the DOJ for reimbursement.

4. Bidders must certify their willingness to comply with the Agreement Terms and Conditions addressed in section P of this IFB entitled, “Agreement Terms and Conditions”, including those terms and conditions in the referenced exhibits.

5. (Corporations) Corporations must certify they are in good standing and qualified to conduct business in California.

6. (Nonprofit Organizations) Non-profit organizations must certify they are eligible to claim nonprofit status.

7. Bidders must have a past record of sound business integrity and history of being responsive to past contractual obligations.

8. Before agreement execution, the winning bidder must supply proof of liability insurance that meets the requirements in Exhibit E entitled, “Additional Provisions” that is included in the

Sample Standard Agreement (STD 213) form/Exhibits section of this IFB.

K. Bid Format and Content Requirements

1. General instructions

a. Each individual or firm may submit only one (1) bid. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) bid, the DOJ will reject all bids submitted by that firm or individual.

b. Develop bids by following all IFB instructions and instructions or clarifications in question/answer notices, clarification notices, or IFB addenda.

c. Before preparing a bid, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood. Agreement increases will not be allowed due to poor examination of work sites and/or specifications.

d. Arrange for timely delivery of the bid package to the specified address. Bidders are advised not to wait until shortly before the bid submission deadline to submit their bid.

2. Bid format requirements

a. Submit one (1) original bid package. Bid must be complete with a copy of all required attachments and documentation.

b. Bind bid package with a single staple in the upper left-hand corner.

c. Sign applicable IFB attachments/forms in ink, preferably in a color other than black. Have a person who is authorized to bind the bidding firm sign each form that requires a signature.

Signature stamps are not acceptable. Unsigned bids may be rejected.

3. Bid content requirements

This section specifies the order and content of each bid and where applicable, indicates form/attachment completion instructions.

When completing the attachments, follow the instructions in this section and any instructions appearing on the attachment. Unless otherwise indicated, do not submit supplemental information or other materials that the DOJ has not requested.

After completing and signing the applicable attachments, assemble all items in the order shown below and place them in a sealed envelope/package.

4. Required attachments/documentation

Attachment/Documentation Instructions

1 - Bid Form Complete this form entirely. Do not submit supplemental cost or rate sheets. Any corrections or changes to the dollar amounts entered on the Bid Form after the amounts are originally inserted must be initialed in ink by the bidder.

2 - Required Attachment/Certification Checklist

Check each item with “Yes” or “N/A," as applicable, and sign the form. If necessary, explain the choices on a separate sheet of paper.

If a bidder marks “Yes” or “N/A” and attaches an explanation to the checklist to clarify their choice, the DOJ considers this a “qualified response." Any “qualified response," determined by the DOJ to be unsatisfactory or insufficient to meet a requirement, may cause a bid to be deemed non-responsive.

3 - Bid Evaluation Form (For DOJ Use Only)

This form is to be completed by the DOJ employees performing the bid opening and is not required to be returned.

4 - Client References Identify three (3) clients serviced within the past five (5) years that can confirm their satisfaction with the bidder’s services. If possible, identify clients whose needs were similar in scope and nature to the services sought in this IFB. List the most recent first.

5 - CCC 04/2017 – Contractor Certification Clause

Complete and sign this form indicating a willingness and ability to comply with the CCC – Contractor Certification Clauses appearing in this attachment.

6 - Darfur Contracting Act Certification

(DGS PD 1)

All bidders must complete this form. Read the form and select the one (1) option that is appropriate for the bidder. If bidder selects option 2, a copy of the written permission from DGS must be included.

7 - Payee Data Record (STD 204) Complete and return this form.

8 - Conflict of Interest and Confidentiality Statement – Vendor

Read the statement and complete and sign the bottom of the form indicating willingness and ability to comply with the statement.

9a - Disabled Veteran Business Enterprise Declarations (STD 843)

Submission of this form is required when a certified DVBE contractor or subcontractor will provide materials, supplies, services, or equipment necessary for the performance of the proposed agreement.

10a - Small Business Subcontractor/Supplier Acknowledgement

Submission of this form is optional. Read and carefully follow the completion instructions in Attachments 10 and 10a. Complete and return Attachment 10a only if the bidding firm is not a certified small business, but is requesting a subcontractor bidding preference by committing to use one or more certified small business subcontractors for an amount equal to at least 25% of the total bid price.

11 - Bidder Declaration (GSPD-05-105) All bidders must complete this form. Instructions for completing this form are on the second page of this attachment.

12 - California Civil Rights Laws Attachment (DGS OLS 04)

Submission of this form is required from a bidder that submits a bid or proposal to a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more.

13 - Iran Contracting Act Verification Form (DGS PD 3)

Submission of this form is required from a bidder that submits a bid or proposal to a state agency with respect to any contract in the amount of one million dollars ($1,000,000) or more.

14 - DOJ Non-Criminal Justice Security Requirements for Research_Contractor_Vendor_v1

Read the statement and complete and sign the bottom of the form indicating willingness and ability to comply with the statement.

15 - DOJ Security Requirements for Research_Contractor_Vendor_v1.0

Read the statement and complete and sign the bottom of the form indicating willingness and ability to comply with the statement.

Business License (California Businesses Only)

California businesses must submit a copy of a current business license issued by the governmental jurisdiction in which the business is located.

Submit an explanation if this documentation cannot be supplied or there is reason to believe no license is required.

Proof of Corporation status (Corporations Only)

Corporations must either submit a copy of the bidding firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State or submit a downloaded copy of the bidding firm’s on-line status information from the California Business Portal website of California’s Office of the Secretary of State.

Submit an explanation if this documentation cannot be supplied.

Proof of Non-profit status (Non-profit Organizations Only)

Non-profit organizations must submit a copy of a current IRS determination letter indicating nonprofit or tax exempt status under United States Code, title 26, section 501(3) (c).

Submit an explanation if this documentation cannot be supplied.

L. Submission of Bids

1. Submission instructions

a. Assemble an original bid package.

b. Place bid package in a single envelope or package. Seal the envelope or package.

c. Mail the bid package to the California Department of Justice, Division of Operations, Contracts and Purchasing Unit. Bids may not be transmitted electronically by email.

d. Regardless of postmark, the DOJ, Division of Operations, Contracts and Purchasing Unit must receive the bid package by the date and time stated in section B of this IFB entitled, “Time Schedule”. NOTE: The DOJ will not publicly open or read late bids.

e. Send an email notification to Christina Galvan at Christina.Galvan@doj.ca.gov to notify of bid package submission.

f. Label and submit the bid package using one of the following methods.

Overnight Express: U. S. Mail:

24-0019-IFB (DO NOT OPEN)

California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Christina Galvan 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6432

24-0019-IFB (DO NOT OPEN)

California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Christina Galvan 1300 I Street, Suite 820

Phone: (916) 210-6432

g. Bidder warning

1) The DOJ's internal processing of mail may add 48 hours or more to the delivery time. If the bid package is mailed, consider using certified or registered mail.

NOTE: It is the bidder's responsibility to ensure their bid is received by the DOJ before the bid due date and time. The DOJ is not responsible for bids received after the bid due date and time due to circumstances beyond the DOJ's control.

2. Proof of timely receipt

a. Upon receipt of a bid package, the DOJ staff will stamp each bid package or envelope with a date/time stamp or handwrite date and time and initial.

b. To be timely, the DOJ, Division of Operations, Contracts and Purchasing Unit must receive bid packages at the stated place of delivery no later than the stated time on the bid due date. Delivery to the DOJ mailroom or the presence of a U.S. postmark will not serve as proof of timely delivery.

c. The DOJ shall deem late bid packages non-responsive. Any bid package received after the scheduled closing time for the receipt of bids will be returned unopened.

3. Bidder costs

Bidders are responsible for all costs of developing and submitting a bid package. Such costs cannot be charged to the DOJ or included in any cost element of a bidder’s price offering.

M. Bid Opening

All bid packages properly received according to the IFB instructions on or before the bid due date will be opened and read utilizing Microsoft Teams meeting video conferencing, at the date and time stated in section B of this IFB entitled, “Time Schedule”.

Please contact Christina Galvan at Christina.Galvan@doj.ca.gov or (916) 210-6432 to obtain a meeting ID and Participant Passcode to view the bid opening. To view, requesters must have the Microsoft Teams meeting video conferencing application. If unable to view the bid opening, a Microsoft Teams meeting call-in phone number can be provided (audio only).

N. Bid Requirements and Information

1. Non-responsive bids

Except as otherwise stated in this IFB, the following may cause the DOJ to deem a bid non-responsive.

a. Failure of a bidder to:

1) Meet bid format/content or submission requirements including, but not limited to, the sealing and/or labeling of the bid package.

2) Pass the Required Attachment/Certification Checklist review by not marking “Yes” for each item listed or by not appropriately justifying, to the DOJ’s satisfaction, all “N/A” designations.

b. If a bidder submits:

1) A bid that is conditional, materially incomplete or contains material alterations or irregularities of any kind to include obvious erasures.

2) Price information that contradicts the price/cost figures on the Bid Form (Attachment 1) or submits cost information in a format contrary to the IFB instructions.

3) False, inaccurate, or misleading information or falsely certifies compliance on any IFB attachment.

c. The DOJ discovers at any stage of the bid process or upon agreement award that a bidder is unwilling or unable to comply with the agreement terms, conditions and/or exhibits cited in this IFB and/or the resulting agreement.

d. Other irregularities occur in a bid that are not specifically addressed herein (i.e., the bidder places any conditions on performance of the scope of work, submits a counter offer/proposal, etc.). Any deviation from the specifications may be cause for rejection of the bid.

2. Bid modifications after submission

a. All bid packages are to be complete when submitted. However, an entire bid package may be withdrawn and the bidder may resubmit a new bid package.

b. To withdraw and/or submit a new bid package, follow the instructions appearing in section

N of this IFB entitled, “Bid Requirements and Information”, paragraph 4.

3. Bid mistakes

If prior to agreement award, award confirmation, or agreement signing, a bidder discovers a mistake in their bid that renders the bidder unable or unwilling to perform all statement of work services for the price/costs offered, the bidder must immediately notify the DOJ and submit a written request to withdraw its bid following the procedures set forth in section N of this IFB, entitled “Bid Requirements and Information”, 4., b.

4. Withdrawal and/or resubmission of bids

a. Withdrawal deadline

A bidder may withdraw its bid prior to the bid due date and time stated in section B of this IFB entitled, “Time Schedule”.

b. Submitting a withdrawal request

1) Submit a written withdrawal request signed by an authorized representative of the bidder.

2) Label and submit the withdrawal request using one of the following methods.

U.S. Mail: Overnight Express:

Withdrawal IFB # 24-0019-IFB California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Christina Galvan 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6432

Withdrawal IFB # 24-0019-IFB California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Christina Galvan 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6432

E-mail:

Withdrawal IFB # 24-0019-IFB Christina.Galvan@doj.ca.gov

A written and signed withdrawal request is generally required before the DOJ will return/release a bid package to a bidder. The DOJ may grant an exception if the bidder informs the DOJ that the bidder will submit a new or replacement bid package immediately following the withdrawal.

c. Resubmitting a bid package

After withdrawing a bid package, bidders may submit a new bid package according to the submission instructions. Replacement bid packages must be received at the stated place of delivery by the due date and time stated in section B of this IFB entitled, “Time Schedule”.

5. Evaluation and selection

This section describes, in general, the process that the DOJ will use to evaluate timely bid packages.

a. Bid opening/reading

All bid packages properly received according to the IFB instructions on or before the bid due date and time will be opened, read, and recorded.

b. Bid package review

1) After the bid opening and reading, bids are submitted to the Division of Operations (OPS), Contracts and Purchasing Unit (CPU) for review and evaluation. One or more evaluators will convene to review each timely bid package to confirm its responsiveness to the IFB requirements. This is a pass/fail evaluation.

2) If deemed necessary by the DOJ, additional bidder documentation may be collected to confirm the claims made by each bidder and to ensure that each bidder is responsive to all IFB requirements.

3) If the materials submitted by a bidder do not prove, support or substantiate the claims made on Attachment 2 titled, “Required Attachment/Certification Checklist”, the bid will be deemed non-responsive and rejected from further consideration.

4) If applicable, the DOJ will adjust bid amounts for any claimed preference following confirmation of eligibility with DGS.

c. Notice of Intent to Award

The DOJ will post a Notice of Intent to Award as soon as possible after the bid opening and bid package review.

6. Agreement award and protests

a. Agreement award

1) Award of the agreement, if awarded, will be to the responsive and responsible bidder who offers the lowest cost. The lowest cost will be determined after the DOJ adjusts bidder costs for applicable preferences and/or incentives.

b. Settlement of tie bids

1) In the event of a precise tie between the lowest responsive bid submitted by a certified small business or microbusiness and the lowest responsive bid submitted by a certified Disabled Veteran Business Enterprise (DVBE) that is also a certified small business or microbusiness, the agreement will be awarded to the DVBE bidder that is also a certified small business or microbusiness under Government Code Section 14838 subdivision (g).

2) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted small business subcontractor preference and the lowest responsive bid submitted by a certified small business or microbusiness, the agreement will be awarded to the certified small business or microbusiness.

3) In the event of a precise tie between the lowest responsive bid submitted by a nonprofit veteran service agency (NVSA) that is a certified small business or microbusiness and the lowest responsive bid submitted by a certified DVBE that is also a certified small business or microbusiness, the agreement will be awarded to the certified DVBE that is also a certified small business or microbusiness.

4) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted the DVBE subcontractor incentive and the lowest responsive bid submitted by a certified small business or microbusiness, the agreement will be awarded to the certified small business or microbusiness.

5) In the absence of a California statute or regulation governing a specific tie, the DOJ will settle all other tie bids in a manner the DOJ determines to be fair and equitable (e.g., coin toss, lot drawing, etc.). In no event will the DOJ settle a tie by dividing the work among the tied bidders.

c. Protests

1) Who can protest

Any bidder who submits a bid may file a protest if the bidder believes it is a responsible bidder, its bid package is responsive to all IFB requirements, and its bid is…