24-0032b_IFB.pdf

Revised 5/2/2024

July 25, 2024

INVITATION FOR BID (IFB)

IFB No.: 24-0032b Title: Curly Top Virus Aerial Application of Insecticide Type of Contract: Personal Services

NOTICE TO PROSPECTIVE PROPOSERS:

You are invited to review and respond to this Invitation for Bid (IFB). In submission of your proposal, you must comply with the instructions and requirements found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions.

Questions about this solicitation must be submitted to the Contracts Unit email address below with the IFB number in the Subject line. Responses to all questions received will be posted as an official addendum to this solicitation. Reference Page 1 for all Key Action Dates.

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

Contracts Unit Office of Grants Administration Administrative Services Division CDFA.Contracts@cdfa.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms mailto:CDFA.Contracts@cdfa.ca.gov

Table of Contents Key Action Dates Questions and Answers Term of Contract

Option to Renew Description of Services

Contractor Responsibilities CDFA Responsibilities Basis for Payment

Cost Proposal Generative Artificial Intelligence (GenAI) Disclosure Notification Clause Submission of Bid Evaluation and Selection Award and Protest Disposition of Bids Agreement Execution and Performance Termination Preference and Incentive Programs

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

REQUIRED DOCUMENTS

SAMPLE CONTRACT - STD 213

EXHIBIT A - SCOPE OF WORK

EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT D - SPECIAL TERMS AND CONDITIONS

EXHIBIT E - ADDITIONAL PROVISIONS

CONTRACT AND SUBCONTRACT COMPLIANCE REQUIREMENTS

UNFAIR PRACTICES ACT

GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) TECHNOLOGY USE AND

REPORTING

LICENSE AND PERMIT REQUIREMENTS

INSURANCE REQUIREMENTS

General Provisions Applying to All Policies

Contractor Insurance Requirements

LIABILITY AND DAMAGES

RIGHT TO BAR

STAFF EXPENSES

QUALIFICATIONS

MULTIPLE CONTRACTORS

SMALL BUSINESS PREFERENCE

SUBCONTRACTORS

POTENTIAL SUBCONTRACTORS

PRIORITY HIRING CONSIDERATIONS

PUBLICITY AND ACKNOWLEDGEMENT

CHEMICAL APPLICATIONS

TARGET AREA CONTRACT PREFERENCE ACT

FORCED, CONVICT, AND INDENTURED LABOR

FORCE MAJEURE

AMERICAN DISABILITIES ACT

NATIONAL LABOR RELATIONS CERTIFICATION

AGREEMENT EXECUTION

Key Action Dates

All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Release of IFB...................................................................................... July 25, 2024 Written questions must be received by 12:00 PM PT ........................ August 5, 2024 Questions and Answers will be posted by 5:00 PM PT ................... August 12, 2024 Emailed bids must be complete and received no later than 2:00 PM PT ...................................................... August 19, 2024 Estimated Opening of Cost Proposals at 2:00 PM PT ................. August 19, 2024

Notice of Proposed Award Date to occur within five (5) business days after “Opening of Cost Proposal.” Bidders interested in observing the bid opening must email the Contracts Unit at CDFA.Contracts@cdfa.ca.gov. Bid openings will be held virtually.

Avoid late submittals due to computer glitches or other technical issues that may arise by submitting documents early.

Questions and Answers

To maintain fairness during the bidding process, all questions must be submitted in writing and sent to the Contracts Unit email (CDFA.Contracts@cdfa.ca.gov) only. The subject line of the email must contain the Bid Number. Bidders must not contact any program staff during the bidding process as this could result in disqualification.

Answers to questions received prior to the submission deadline listed above, will be provided via a formal addendum and will be posted to the contract advertisement on Cal eProcure.

Term of Contract

The term of this contract is September 16, 2024, or upon final/Department of General Services/Office of Legal Services (DGS/OLS) approval, whichever is later, through September 15, 2027.

Option to Renew

There is no option to renew under this IFB.

Description of Services

This is an Agreement in which the Contractor shall provide Aerial Application of Insecticide on an “as-needed” basis. The Contractor will be compensated for the services in accordance with the service rate(s) specified in Exhibit B-1, Cost Proposal Sheet, which shall include all labor, equipment, parts, devices, materials, tools, licenses, permits, supervision, inspection, insurance, transportation, travel and per diem, and every other item of expense necessary for the California Department of Food and Agricultural (CDFA), with various locations throughout the San Joaquin Valley, Salinas Valley and Cuyama Valley but may include other locations throughout the State of California.

The aerial application of insecticide on rangeland, fallow fields, and over oil fields to control the sugar beet leafhopper (BLH), the vector of beet curly top virus (BCTV), for the Beet Curly Top Virus Control Program (BCTVCP).

Contractor Responsibilities

The contractor is to provide, on 72-hour notice, fixed-wing aircraft, and/or drones with qualified pilots with current pest control applicators certification, and trained ground crews, as more fully set out below.

There will be no guaranteed minimum flight hours under the terms of this agreement. There are three anticipated peak activity periods during each year: winter, spring, and fall. The first period usually occurs between the later part of January and the end of February and should take five to seven days to complete. The second period normally occurs in April but may start as early as March 6 and may finish as late as May 15. This period usually takes 14 to 21 days to complete. The third period normally begins about the first week in October and takes from 5 to 21 days to complete. Timing of all operations is dependent on the biology of the insect and weather trends.

The contractor shall be paid only for actual services performed and purchased insecticide used for each campaign.

Anticipated Geographical Areas:

Colusa, Fresno, Glenn, Imperial, Kern, Kings, and Merced Counties.

Contractor and pilots used in this operation must register in each county before work begins.

Airports/Landing Strips

Prior to the start of spray operations, the Contractor shall consult with the CDFA program supervisor or their designee and agree upon the airports or airstrips where mixing of the insecticide treatment and loading of the aircraft will occur.

The contractor shall be responsible for securing permission to use landing strips. Any required landing strip fees or repairs due to the contractor's operation, is the responsibility of the contractor. The contractor should be prepared to indemnify the owner of the airstrip against all liability and furnish the owner with a copy of liability insurance policy.

CONTRACTOR SHALL SUPPLY THE FOLLOWING ITEMS:

A. Aircraft

The contractor shall supply a turbine powered, fixed-wing crop dusting aircraft. The primary aircraft shall have an engine rating of at least 1,350 horsepower and an insecticide hopper capacity of at least 800 gallons. Due to time constraints from limited access to properties or impacts of weather a second aircraft may be required approximately 25% of the time. The second aircraft may be one of or combination of the following: a fixed-wing crop duster equivalent to the primary aircraft and/or agricultural spray drones capable of carrying 15 gallons of insecticide mix.

B. Fuel, Supplies, and Equipment

The contractor shall furnish all fuel, calibrated and sealed loading meters, vehicles, personnel and equipment to transport insecticide, mix insecticide, carry water, load and fuel aircraft, and carry all necessary supplies and safety equipment.

C. Insecticide Tanks and Booms

Each aircraft shall be equipped with a leak-proof insecticide tank and spray system of the boom type with a positive shut-off that will eliminate nozzle drips.

D. Spray Nozzles

Nozzle size, type, and configuration shall be determined by the State. The State may change or modify requirements at the States discretion.

Each fixed-wing aircraft shall be calibrated to one gallon per acre; however, because of its higher speed, it shall be equipped with Tee Jet D-4 nozzles and # 56 spinners or other nozzle combination as approved by the state operations supervisor. Nozzle type could require changing, at the contractor's expense, if it is found that the contractor cannot maintain an average droplet size of 350 microns and an effective spray pattern. See attachment 2, Treatment Specification Guidelines, for treatment specifications for the Curly Top Virus Control Program.

E. Documents

Documents, which shall be available at the staging airport during treatment periods, include the Agricultural Aircraft Operator Certificate, Aircraft Registration and Airworthiness Certificates, any required Federal Aviation Administration (FAA) approvals, aircraft and engine log books, Pilot Certificates, Medical Certificates, biennial flight review, proof of insurance coverage, and any other documents which pesticide laws require be on site for inspection by staff of the County Agricultural Commissioner’s Office.

F. Aircraft Guidance, Recording, and Flow Control/Monitoring Equipment

All application aircraft must be equipped with Global Positioning System (GPS) guidance equipment, with flight recording capabilities and GPS based flow control/monitor system capable of automatically maintaining the pesticide flow rate regardless of aircraft speed, to be used for maintaining a proper swath width and flow rate (such as a SATLOC Model M-3 GPS guidance system or other equivalent navigation system) and approved by the FAA.

The contractor will be responsible for all installation, certification, maintenance, care, and upkeep of the GPS guidance/flight recording/flow control/monitor equipment. The equipment must meet the following specifications:

1. Datalog/downloading into an ESRI ArcGIS based program.

2. Have sufficient memory to store all defining elements of a spray application so that it can be accessed at any time either before or after a system shutdown.

3. Be capable of providing the CDFA program supervisor with a graphic computer printout of flight path and area sprayed on a daily basis.

4. Have pre-loaded reference waypoints capability.

5. Have a mark feature, which allows return to any point in any swath before or after equipment shutdown.

6. Have a light bar, which displays both cross-track error and intercept angle to desired heading.

7. Have a “Home” navigational feature, which provides instant range and bearing to home base airport.

8. Be capable of various, industry-standard application patterns, including but not limited to “Back-to-Back.”

9. Have in-cockpit warning lights or alarm to indicate GPS failure.

10. Provide records of flight operations including:

• Position

• Date and time

• Speed

• Track (flight path)

• Spray on/off

• Aircraft number

• Pilot

All equipment must be acceptable to the CDFA. The contractor shall have work experience with the GPS system and be able to provide a document or download a file of the flight information to the CDFA program supervisor within 24 hours after the flight. The CDFA program supervisor will mark starting and cut off points.

G. Insecticide

The contractor shall supply all insecticide during treatment campaigns. The insecticide shall meet the following specifications: Malathion, Fyfanon® ULV AG 96% active ingredient per gallon, not over 30 ppm methyl mercaptan. Equivalent to Clean Crop Malathion ULV Concentrate Insecticide. Insecticide must currently be labeled for use in California on rangeland for the control of beet leafhopper. The contractor shall be equipped to load, transport, measure/mix and apply insecticide from pre-determined location during weekdays, including Saturdays, Sundays, and holidays. Due to varying and unknown treatment schedules, it may be necessary for the contractor to move the portable storage more than one time per day. The contractor shall be equipped to handle all transportation of insecticide in contractor provided containers constructed of stainless steel or chemical resistant poly compound. All insecticide containers used to transport insecticide shall be thoroughly cleaned prior to use to avoid contamination and shall be dedicated to Malathion use only during the tenure of this contract. The contractor shall be prepared at all times to perform any or all of these operations stated above in paragraph “G,” however, all or part of these operations may be performed by the state at the discretion of the state. The contractor may be required to return any or all of the insecticide in the possession of the contractor back to the state at any time. The contractor shall take all reasonable and prudent care to assure that insecticide is not lost due to leakage, theft, or negligence.

The contractor shall further furnish suitable, calibrated, tested, and sealed meters through which all insecticide, water, and “mix” is measured. The contractor shall mix insecticide under the direction and supervision of a state representative on site and follow all label instructions and restrictions.

The contractor shall purchase and have insecticide delivered to pre-determined secure locations near staging airstrips.

The contractor shall furnish and deliver to the loading/mixing site all necessary spray adjuvants (buffer and spreader).

The contractor shall furnish enough insecticide and spray adjuvants to treat up to 80,000 acres annually. The contractor will provide at no cost to the State secure centralized Malathion insecticide storage, up to 5,000 gallons, certified to be free from foreign contamination, within 100 miles of the CDFA Fresno Headquarters. Insecticides may be used by the State to conduct limited ground rig treatments.

H. Miscellaneous Expenses

The contractor shall pay all expenses for transporting equipment and crews to operation sites and operation of the aircraft, including salaries and expenses of its personnel, lodging, fuel, equipment, storage, repairs, landing facilities, insurance, and fees.

I. Operating Performance Standards

The contractor shall comply with the provisions of federal, state, and local laws and regulations relating to agricultural pest control and passenger transport, including that of the FAA. All pilots of application aircraft shall wear a flight helmet designed and commercially produced for pilot use and equipped with functioning earphones. The contractor shall be responsible for employee compliance with all on-ground and flight safety rules and procedures. It is the contractor's responsibility to inspect and note all spraying and flying hazards.

J. Medical and First-Aid Requirements

The contractor shall provide, at each site/landing strip, such equipment and medical facilities as are necessary to supply first-aid service to anyone who may be injured in connection with the work. The contractor shall supply all pesticide safety training and equipment to his or her employees.

K. Posting

Required posting of information of pesticide label(s) and safety equipment location will be the contractor's responsibility.

L. Authorized Agent

The contractor shall have a properly registered and qualified authorized agent at the site to supervise and direct loading and refueling of aircraft. The authorized agent shall be:

1. Qualified in the proper category for the pest control work being done.

2. Responsible for loading/refueling locations and be registered in any county where engaged in business, and

3. Responsible for knowing and following all permit conditions.

4. A person holding a valid California Journeyman Pilot Certificate or other required certificate necessary for engaging in pest control.

M. Pilots

1. All the contractor's pilots used in the performance of this agreement shall have a minimum of 2,000 hours of aircraft flying time, at least 1,000 hours of which shall have been spent in the application of pesticides and at least 50 hours of which shall have been spent in the application of pesticides to uneven, and mountainous terrain. In addition, all the contractors’ pilots used shall have a minimum of 100 hours of logged time in the make and model of aircraft used within the two calendar years preceding actual commencement of flight operations.

2. All the contractor’s pilots shall hold a valid, journeyman, California Pest Control

Aircraft Pilot's Certificate, issued by the Director of the California Department of Pesticide Regulation.

3. All pilots shall hold and have available for inspection, a valid Commercial or Air

Transport Certificate, and current medical certificate.

4. All pilots shall register in all counties where work is to be completed.

5. The contractor shall notify the state operations supervisor 48 hours prior to adding or substituting a pilot.

Should any pilot not perform their assignment in a manner satisfactory to the state, the state shall have the right to require their replacement within the time specified by the state, which may be within 24 hours. Such a determination by the CDFA program supervisor shall be conclusive. Pilots will be restricted to eight hours actual flying time per calendar day.

N. Communications Systems

The contractor shall provide air-to-ground communications systems operable at VHF frequencies 118-130 megahertz AM. Pilots shall wear headsets and maintain communications with the state operations supervisor at all times during the spray operation.

Radios shall be installed with an externally mounted antenna and be capable of five-mile line-of-site communications. Additionally, a backup radio system will be in place and utilized when air-to-ground communication system is not available. It is imperative that the CDFA program supervisor maintains contact with the pilot, and the pilot follows directions or be able to receive any change in directions. Aircraft shall be grounded if it is determined by the CDFA program supervisor that adequate communication with the pilot cannot be maintained.

O. Calibration

The contractor, at their expense, shall calibrate the aircraft spraying systems to meet all specifications and application rates required therein, prior to the start of each spray campaign. Minor adjustments may be made in the field. Tests for proper calibrations will be made by the CDFA program supervisor in charge of spraying before the beginning of spray operations and at any time during operations. Tests may be made at any point and the Contractor shall readjust calibration, if necessary.

P. Operational Hours

Treatments shall be made at a time of day that will optimize effectiveness of the operation.

The sequence of areas to be treated will begin and end at the discretion of the state.

Weather permitting, work will proceed seven days a week, including holidays, until completed.

Call for treatment under provisions of this contract shall be given to the contractor not less than 48 hours before each period of work is to begin. Particular dates are unknown, but calls for treatment generally occur during January, February, March, April, May, and October.

Calls for treatment may be oral or written at the discretion of the CDFA program supervisor.

A letter shall confirm all oral calls for treatment notices. The contractor shall provide both a phone number and postal address to which call for treatment notices can be directed between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

A contractor who does not report on the official reporting day may, at the discretion of the state, be charged liquidated damages. At the discretion of the state, the contractor may be terminated for default and be charged liquidated damages.

Liquidated damages will be charged for that day and for each day thereafter until the contractor, or in the event of termination, a new contractor reports.

R. Liability for Loss and Damage

Any damages inflicted by the contractor to any state equipment, or other state property, will be repaired or replaced by the contractor to the satisfaction of the state, at no expense to the state. The state may itself, at its option, repair any damage or replace any lost or stolen items and deduct the cost thereof from the contractor's invoice to the state.

S. Additions/Substitution/Deletion

The State reserves the right to add to, delete from, or substitute insecticides and application rates as the state operations supervisor deems advisable for the success of the project. In such event, the Contractor may, within 10 days of notification of such a change, request the state operations supervisor to establish an equitable price adjustment, if necessary. The State operations supervisor will thereafter make such equitable price adjustment by amending the contract or deny said request. The decision of the state operations supervisor shall be conclusive unless the Contractor presents sufficient evidence to the contrary.

Experimental field trials of substitute pesticides on less than 1,000 acres using any pesticide formulation or application rate will not be grounds for a price adjustment. If price adjustments are approved, adjustments will be retroactive to the date of the rate change.

T. Re-treatment Requirements

The state may require the re-treatment of any area that has not been adequately treated.

Where such re-treatment is due to unsatisfactory performance by the contractor, the state will not pay the application to re-treat the particular area. The decision of the state operations supervisor shall be conclusive.

U. Liquidated Damages

A contractor who does not fully qualify for acceptance on the official starting date may, at the discretion of the state, be charged liquidated damages. At the discretion of the state, the contractor may be terminated for default and be charged liquidated damages. Liquidated damages will be charged for that day and for each day thereafter until all requirements are met.

The amount charged will be the daily liquidated damage rate for each aircraft specified to report, even though one or more aircraft may have been qualified and accepted. The contractor shall have assembled at the reporting airport all required aircraft, personnel and facilitating equipment and be ready to begin dispersal on the official starting date at the time specified by the state. This includes the specified category and number of aircraft, each meeting the contract requirements; all pilots, each fully qualified; all aircraft facilitating equipment; and servicing personnel. No payment for aerial application of pesticides will be permitted until the contractor meets all of these requirements.

If the contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the contractor shall, in place of actual damages, pay to the CDFA as fixed, agreed, and liquidated damages, for each calendar day of delay, the sum of $500.

The contractor shall be liable for the cost of insecticide (Malathion) lost because of the contractor’s failure to perform satisfactorily. An estimate of the quantity of insecticide lost will be made by the state. The cost thereof will be deducted from any amounts due to the contractor under this contract, at the rate of $50.00 per gallon of Malathion, $18.00 per gallon of Spred-stik®, and $14.00 per gallon of buffer.

CDFA Responsibilities

CDFA SHALL SUPPLY THE FOLLOWING ITEMS:

A. Fixed-wing Aircraft Operations

During fixed-wing operations, a state operations supervisor will be on sight to monitor dispensing and mixing of insecticide and to keep a log of material loaded and sprayed out.

The state will provide the contractor with maps of the proposed area to be treated and will give an orientation tour prior of treatment area, if necessary.

B. Drone Operations

The state will supply all maps of the proposed treatment areas will be available to the contractor prior to treatment. If necessary, the state will assist in locating secure overnight parking for the equipment near the work area to avoid unnecessary ferry time. A state operations supervisor will be at the loading site to log each load and record flight time and monitor mixing and loading of insecticide (Malathion).

Basis for Payment

The compensation of this contract will be based on: 1) Actual flight incurred at a rate per acre for aerial services for the aircraft with pilots and 2) Purchase of insecticide (Malathion) and associated spray adjuvants actual used. Payments shall be made monthly, in arrears, after the receipt of satisfactory itemized invoices. Submitted invoices must be approved by the Contract Office Representative (COR). Invoices for Malathion and associated spray adjuvants delivered on location will only be processed for payment upon receipt of both weight tags (delivery and pickup) verifying actual pounds (gallons) of insecticide used correlated to each individual shipped container.

The contactor shall furnish two separate shipping bill/weight tags for each container delivered.

The first shipping bill/weight tag will be the initial weight at time of delivery. The second weight tag will be made upon the pickup/return of the used container, for the purposes of calculating the exact amount of insecticide used.

A. Fixed-wing

Under this contract, when fixed-wing aircraft are used, the state will pay on the basis of total acres treated. One gallon of pesticide mix applied equals one acre treated. The pesticide mix shall be metered through a properly calibrated and "sealed" meter, supplied by the contractor, and certified by a County Agricultural Commissioner / Sealer of Weights and Measures and logged by the state operations supervisor on the site. The pilot shall be considered by the state to be the representative of the contractor with respect to the approval of acres treated. At the end of each workday, the pilot shall meet with the state operations supervisor, on site, and review the log for that day. After reviewing the log, the pilot shall sign the log each day, their signature signifying the contractor's acceptance of the logged acres treated. Differences in the number of acres treated (gallons applied) shall be reconciled each day.

B. Drone

Under this contract, the state will pay on the basis of logged drone flight time. Flight time shall be established by stopwatch run by the state operations supervisor on the site, computed to the nearest 1/10 hour (six minutes).

Flight time is any time the drone is airborne and the skids are actually separated from the landing surface. Minor maneuvering to reposition the drone, for example, to get fuel will typically not be logged.

The pilot shall be considered by the state to be the representative of the contractor with respect to approval of logged flight time. At the end of each workday, the pilot will meet with the state operations supervisor, on site, and review the flight log for that day. After reviewing the flight log, the pilot shall sign the flight log signifying their acceptance. Differences in the number of flight hours shall be reconciled each day.

Flights to and from the contractor's headquarters for routine maintenance or other reasons not of a direct benefit to the state will not be paid.

C. Purchase of Insecticide (Malathion)

Purchase of actual insecticide (Malathion) and spray adjuvants shall be reimbursed at cost to contractor. The state operations supervisor shall provide an estimate of total acres prior to each spray campaign to the contactor to secure appropriate insecticide and spray adjuvants amounts. Treatment acreage may change throughout the spray campaign. Contractor shall supply at a minimum of eight (8) ounces of insecticide (Malathion) and associated spray adjuvants per acre. The maximum amount of treatment area is 80,000 acres.

D. CDFA Contact Information and Invoices

The contract will be under the administration of the program supervisor from the California Department of Food and Agriculture (CDFA), Integrated Pest Control Branch (IPCB), 2895 N. Larkin, Suite A, Fresno, CA 93727. All calls for treatment under this contract and work to be performed are subject to the control and direction of the CDFA program supervisor.

Payments shall be made in arrears for each spray campaign upon submission and approval of invoices, submitted in triplicate, with contract number, type of aircraft, aircraft number, dates and areas worked, total hours flown (drone) and/or total acres treated (fixed-wing), gallons of insecticide and spray adjuvants, copies of daily flight records, signed by the contractor and state operations supervisor, shall accompany invoices, and shall be sent to:

California Department of Food and Agriculture Integrated Pest Control Branch Beet Curly Top Virus Control Program 2895 N. Larkin, Suite A Fresno, CA 93737

E. Treatment Specifications

Please see Attachment 2 for detailed treatment specification guidelines.

Cost Proposal

Contractor shall include the cost of providing rights under Labor Code, Unemployment Insurance Code, and Industrial Welfare Commission Order in their proposed budgets.

The Employment Development Department’s (EDD) “2022 California Employer’s Guide” at https://edd.ca.gov/pdf_pub_ctr/de44.pdf and the Department of Industrial Relation’s website are two references that Contractors can access for assistance with determining the costs and methods of paying for these benefits to include in their proposal.

Travel costs shall be reimbursed at the rates in effect at the time of travel as established by the California Department of Human Resources (CalHR) rates, which can be accessed at:

http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

Generative Artificial Intelligence (GenAI) Disclosure Notification Clause

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, 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 Reporting and 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

Submission of Bid

1. Bids must be submitted via email to CDFA.Contracts@cdfa.ca.gov. The subject line of the email must read as follows: Bid Number, Your Organization’s Name. All bid documents must be in PDF format. As the identified point of contact, please obtain acceptable e-signature(s) from your company’s authorized representative. Acceptable forms of e-signature include:

https://edd.ca.gov/pdf_pub_ctr/de44.pdf https://www.dir.ca.gov/ http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2Ffmc%2Fpdf%2Fstd1000.pdf&data=05%7C02%7CBritni.Wissler%40cdfa.ca.gov%7C22eb12832cdc4cae181508dc99ffdf3d%7Cafdfd251a22248978cbaae68cabfffbc%7C0%7C0%7C638554571620241690%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=UWWxtJWQWUgZmGATl1dGF1%2Bh4k1r%2BGj7%2FV2WCqx%2BO3c%3D&reserved=0

a. Scanned “Wet” Signature: Print and sign document(s) in ink, then scan an electronic copy in PDF format.

b. “Typed” Signature: If the signature field of the document is editable (e.g., the signature feature in Adobe Acrobat), then a typed signature is acceptable.

No late submittals will be accepted.

2. Bids will not be accepted from Expatriate Corporations, and bids from primes subcontracting with Expatriate Corporations.

3. If the bid is made under a business title (dba), the actual legal business name of the proposer must be provided.

4. All bids shall include the documents identified on the attached checklist entitled “Required

Documents.” Proposals not including the required documents shall be deemed non-responsive.

5. 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 a bid to be rejected.

6. 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 CDFA may waive any immaterial deviation in a bid. The waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements, if awarded.

7. The CDFA does not accept alternate contract language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected.

The State’s General Terms and Conditions are not negotiable.

8. Costs incurred for developing bids and in anticipation of award are entirely the responsibility of the bidder and shall not be charged to the CDFA.

9. 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.

10. A bidder may withdraw its bid by submitting a written request to the CDFA, signed by the bidder or an authorized agent of their firm. Bids may not be withdrawn without cause after the bid submission deadline.

11. The CDFA may modify this IFB prior to the bid’s submission due date by posting an addendum with the original advertisement on Cal eProcure.

12. The CDFA reserves the right to reject all bids. The CDFA is not required to award an agreement.

13. Before submitting a response to this solicitation, bidders should review, proofread and confirm compliance with the IFB requirements.

14. 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.

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

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms https://www.caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

Evaluation and Selection

1. 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.

2. The CDFA will evaluate each bid to determine its responsiveness to the published requirements.

3. 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.

4. Award, if made, will be to the lowest responsive and responsible bid.

Award and Protest

1. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) business days prior to the award.

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

3. If any bidder, prior to the award, files a protest with the Department of General Services (DGS), Office of Legal Services, and the CDFA on the grounds that the (protesting) bidder is the lowest responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter (Public Contract Code §10345).

4. Within five (5) calendar days after filing the initial protest, the protesting bidder shall file with the DGS and the CDFA a detailed written statement specifying the grounds for the protest. The written protest must be sent to:

Department of General Services Office of Legal Services Attention Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605 OLSProtests@dgs.ca.gov

A copy of the detailed written protest should be emailed to CDFA.Contracts@cdfa.ca.gov or mail to CDFA, Contracts Unit, 1220 N Street, Room 120, Sacramento, California 95814.

If mailing, it is suggested that proposers submit any protest by certified or registered mail.

Disposition of Bids

Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

Agreement Execution and Performance

1. Service shall be available no later than 30 calendar days, or on the expressed date set by the CDFA and the Contractor, after all approvals have been obtained and the agreement is http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10345.

mailto:OLSProtests@dgs.ca.gov http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=3.5.&article=1.

fully executed. Should the Contractor fail to commence work at the agreed upon time, the CDFA, upon (five) business days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

2. All performance under the agreement shall be completed within the agreement’s terms.

Termination

The CDFA has the authority and expressed right to terminate any agreement awarded under this IFB at any time during the term of the agreement for any reason or if the CDFA finds that the Contractor's work is negligent, not satisfactory, or not in accordance with the agreement requirements.

Preference and Incentive Programs

Information, requirements, and forms for the preference programs listed below can be found at the Internet websites listed.

Note: These documents may not be required in all bid packages. Refer to Required Documents for documentation required by this IFB.

1. Certified Small Businesses and Microbusinesses Certification Benefits

Certified Small Businesses or Microbusinesses can claim the five percent (5%) preference when submitting a proposal on a state contract. You must provide a copy of the official Certification letter along with your proposal.

For information on small business and microbusiness certification benefits refer to the following DGS Website – https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise

2. Target Area Contract Preference Act (TACPA)

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.

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 with a TACPA qualified zone: Request a Target Area Contract Preference.

By submitting forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code 4535 and provided in section 1896.40 of Title 2 of the California Code of Regulations (CCR) in addition to requirements specified on the TACPA form STD 830.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

3. Recycled Content Certification

The State of California is required to purchase recycled content products (RCPs) rather than non-recycled products whenever price, quality, and availability are comparable.

Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. If two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.

In order to help state agencies identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. Additional information regarding this program can be obtained at the following web site: https://www.calrecycle.ca.gov/StateAgency/.

4. DVBE Participation

Please look carefully at boxes (a) and (b) in this section. Please note that regardless of DVBE participation requirements the DVBE deductions still apply to all bidders providing DVBE participation (further information is listed below under DVBE Incentive).

(a) DVBE Participation is Required

(b) DVBE Participation has been Waived, however there is a DVBE Incentive.

If box (a) is checked:

You must respond accordingly to the instructions outlined in “California Disabled Veteran Business Enterprise (DVBE) Program Requirements – for Non-IT Services” on the following page for your bid to be considered responsive.

This IFB has participation goals for the Disabled Veteran Business Enterprise (DVBE) Program of three (3%) percent of the total bid cost. Bidders must meet the DVBE requirements in order to be considered a responsive bidder and be considered for contract award. Failure to meet the three (3%) percent minimum will result in your bid being rejected. A copy of the DGS DVBE Certification letter must be included with your bid.

If box (b) is checked, bidders are not required to provide DVBE participation, but may choose to for the Incentive. Please refer to the DVBE Incentive below:

Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified participation as identified on the Bidder Declaration, DGS PD-05-105, and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

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 https://www.calrecycle.ca.gov/StateAgency/ responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% 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.

The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5%

4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3%

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

(Revision Date 1-2022)

Please read the requirements and instructions carefully.

AUTHORITY

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.61 et seq.

DVBE PARTICIPATION

The minimum DVBE participation is 3% for this solicitation unless another percentage is specified in the solicitation, or the solicitation is exempt from DVBE participation.

DVBE INCENTIVE

An incentive will be given to bidders who provide DVBE participation, unless stated elsewhere in the solicitation that the DVBE Incentive has been waived.

INTRODUCTION

The bidder must complete the form(s) identified below and fully document that the mandatory minimum percent of DVBE participation will be met in order to comply with this solicitation’s DVBE program requirement or the bid may be considered non-responsive.

Information submitted by the Bidder to comply with this solicitation’s DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of PCC §10115 et seq. and MVC §999 et seq., and follow the investigatory procedures required by 2 CCR §1896.91. Contractors found to be in violation of these provisions may be subject to suspension from doing business with the State of California, contract termination, civil penalties, and loss of State certifications.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified Disabled Veteran Business Enterprises (hereafter called “DVBE”) shall be used to satisfy the DVBE requirements. The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of 2 CCR §1896.1, is certified in accordance with 2 CCR §1896.84, and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function as required in MVC §999(B). Bidders must verify each DVBE subcontractor’s certification status with OSDS to ensure participation eligibility prior to submitting bids. A DVBE that is not certified at the time of award or does not meet and maintain certification cannot count towards an awarding department’s three (3) percent goal (MVC §999.5(c).

COMMERCIALLY USEFUL FUNCTION (CUF) DEFINITION

A SB/DVBE certified firm performs CUF when doing all of the following:

1. Executes a distinct element of the contract scope of work including supplying of goods/services.

2. Performs, manages, or supervises the work including supplying of goods/services.

3. Performs work that is normal for the firm’s business services and functions.

4. Is responsible, with respect to products, inventories, materials, and supplies required for the subcontract, negotiating price, determining quality and quantity, ordering, installing (if applicable), and paying for the material.

5. Does not subcontract a portion of the work greater than expected by industry practices.

A SB/DVBE certified firm does NOT perform CUF when:

1. The firm is an extra participant involved in a transaction, contract, or project through which funds are passed through in order to obtain the appearance of SB/DVBE participation.

2. The firm is not being used to perform the work as stipulated in the bid.

3. The firm is no longer used to provide good/services listed in initial bid response.

DVBE SUBSTITUTION

Bidders must use the DVBE subcontractors or suppliers proposed in the bid. Any substitutions must be requested in writing to the awarding department and approved by the awarding department and OSDS in writing prior to the commencement of any work by the proposed DVBE. The substitution must be to perform the same work and shall maintain the minimum level of DVBE participation stated in original bid (MVC §999.5(g)).

DVBE SUBCONTRACTOR REPORTING

Bidders awarded a contract with a commitment to use DVBE subcontractors must certify, upon completion of contract, that all payments have been made to the DVBE subcontractors by submitting the Prime Contractor’s DVBE Subcontracting Report (STD 817). For such contractors awarded on or after January 1, 2021, the department will withhold $10,000 from the final payment, or the full payment if the final payment is less than $10,000 from prime contractors, until the complete and accurate STD 817 is received. Failure to submit this certification after given the opportunity to cure, will result in the department permanently deducting $10,000 from the final payment or the full payment if less than $10,000 (MVC §999.7).

Prime contractor shall provide proof of payments made to DVBE…