24BDM001_Addendum_02.pdf
PDF 300 KB Posted
- Attached to
- 24BDM001 - Water Heater Replacement
- Solicitation number
- 0000035607
About this file
This is an Addendum #2 issued by the California Department of Veterans Affairs (CalVet) for the IFB 24BDM001 Water Heater Replacement project. The addendum, dated May 21, 2025, modifies the original solicitation by addressing Disabled Veteran Business Enterprise (DVBE) Participation Program Requirements. Specifically, the document clarifies that DVBE participation is not required for this contract, though participation is strongly encouraged. The addendum provides guidance for bidders on DVBE program compliance options, including how DVBE and non-DVBE bidders can meet participation requirements.
The document outlines detailed instructions for DVBE certification, bid incentives, and potential consequences for non-compliance. It includes a DVBE Bid Incentive for bidders achieving over 3% DVBE participation and specifies that the state may withhold $10,000 from the final payment until prime contractors comply with certification requirements. The addendum also provides answers to frequently asked questions about DVBE participation, subcontractor notifications, bid responsiveness, and eligibility for disabled veteran-owned businesses. Bidders are advised that failure to adhere to DVBE participation proposals may result in contract termination and potential damages.
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Text version
- 1 - Project Number: CA19-0119
STATE OF CALIFORNIA GAVIN NEWSOM. Governor
DEPARTMENT OF VETERANS AFFAIRS
Procurement & Contract Management Unit 1227 “O” Street, Room 100 Sacramento, CA 95814 Telephone: (916) 653-2621 Fax: (916) 651-9089
Date: May 21, 2025
To: All Bidders for IFB 24BDM001 Water Heater Replacement
From: California Department of Veterans Affairs
Central Business Office
Subject: Addendum #2 – 24BDM001 Water Heater Replacement
This Addendum is to make deletions, additions, changes, and clarifications to the solicitation referenced above.
1. Add: To Project Manual – DVBE Participation Program Requirements 00 22 10 (V2).
DVBE participation is not required for this contract.
2. Remove: From Project Manual – DVBE Participation Program Requirements 00 22 10.
STATE OF CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS
DVBE PARTICIPATION PROGRAM REQUIREMENTS
CalVet: December 2024 00 22 10 - 1 - Project Number: CA21-0235
DOCUMENT 00 22 10 (V2)
DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION
PROGRAM REQUIREMENTS
Public Contract Code Section 10115 establishes a contract participation goal of at least three percent (3%) for Disabled Veterans Business Enterprises (DVBE) for State agencies.
DVBE participation is not required for this contract. Participation is strongly encouraged. This bid package provides information for the DVBE Participation Program. Bidders must meet DVBE Participation Program requirements to be viewed as a responsive bidder and considered for contract award.
PLEASE READ THESE INSTRUCTION CAREFULLY
Bidders must fully comply with DVBE Participation Program requirements. Bidders that do not submit a complete response may find their bid determined to be non-responsive and the bid rejected.
For assistance with meeting the DVBE participation program requirements, please contact:
California Department of Veterans Affairs Facilities and Business Services Division
Central Business Office SB/DVBE Coordinator
1227 O Street, Room 100 Sacramento, CA 95814 Phone: (916) 653-2421
Email: sbdvbeadvocate@calvet.ca.gov
The Department of General Services, Office of Small Business and DVBE Services (OSDS) offers program information and may be reached at:
Department of General Services Office of Small Business and DVBE Services (OSDS)
Procurement Division 707 Third Street
West Sacramento, CA 95605-2811 Homepage: 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 Receptionist: (916) 375-4940
FAX: (916) 375-4950
Email: OSDSHelp@dgs.ca.gov
Mailing Address:
Office of Small Business and DVBE Services (OSDS) Room 1-400, MS 210
P.O. Box 989052 West Sacramento, CA 95798-9052 mailto:sbdvbeadvocate@calvet.ca.gov 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 mailto:OSDSHelp@dgs.ca.gov
CalVet: December 2024 00 22 10 - 2 - Project Number: CA21-0235
INSTRUCTIONS FOR
DVBE PROGRAM COMPLIANCE OPTIONS
If for any reason you fail to meet the DVBE Participation Requirement for this bid, your bid will be considered non-responsive.
Meet or exceed the DVBE participation requirements for the proposed contract by one of the following two (2) ways:
1. DVBE Bidder – If you are a DVBE bidder, agree to perform the required percentage of the contract bid amount or value with your firm or in combination with other DVBE firms. You must write that commitment on Article 9.2 of the Bid Form, Document 00 41 00. Instruction on how to complete this document are on that page.
2. Non-DVBE Bidder – If you are a non-DVBE bidder, agree to use other firms for at least the required percentage of the contract bid amount or value. You must write that commitment on Article 9.2 of the Bid Form, Document 00 41
00. Instruction on how to complete this document are on that page.
DVBE Certification: OSDS-DVBE certification is the only acceptable certification. To verify if a contractor is certified refer to the OSDS web-site at The State of California Certifications. Bidders must provide certification verification for each participating DVBE bidder, subcontractor, and/or supplier. Applicants for DVBE certification may apply online at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise. DVBE applicants must submit specific support documentation to the OSDS.
DVBE Bid Incentive: A DVBE Incentive will be granted to Bidders who have achieved DVBE participation exceeding 3% or greater of the value of the bid in accordance with Section 999.5(a) and (b) of the Military and Veterans Code and California Code of Regulations 1896.98 et seq. Refer to Project Manual Document 00 21 00, Article 18.5.
Pursuant to Military and Veterans Code §999.7, the awarding department shall withhold, on a contract entered into on or after January 1, 2021, ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until a prime contractor complies with the certification requirements of subdivision (d) of Section Military and Veterans Code §999.5. A prime contractor that fails to comply with the certification requirement shall, after notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, the awarding department shall permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000).
ANSWERS TO FREQUENTLY ASKED QUESTIONS:
The following questions are among the most frequently asked regarding DVBE requirements:
Q: If I am awarded the contract, am I required to use the subcontractor/supplier proposed in my bid?
A: Yes, unless you have requested and received approval from the State for substitution. Written request should include the person’s or firm’s name to be substituted, the substitution reason, the reason a non-DVBE subcontractor is proposed, if applicable and describe the business to be substituted including its business status as a sole proprietorship, partnership, corporation or other entity and the certification status of the firm, if any.
See Title 2, California Code of Regulation, Section 1896.64 (c) & (d) for substitution criteria.
The request and the State’s approval or disapproval is not construed as an excuse for non-compliance with any other provision of the law, including but not limited to the Subletting and Subcontracting Fair Practices Act, or any other contract requirements relating to substitution of subcontractors. Failure to adhere to at least the DVBE participation proposed by the successful Contractor may be cause for contract termination and recovery of https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx 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
CalVet: December 2024 00 22 10 - 3 - Project Number: CA21-0235 damages under the rights and remedies due the State for default section of the contract(s) and any other penalties provided for by statute.
Q: Who notifies the subcontractor when an award is made?
A: Upon award to a prime Contractor, the Awarding Department notifies listed subcontractors of their contract participation. Primes are encouraged to notify their listed subcontractors immediately after an award is made to formalize their business agreements.
Q: What happens to bids considered non-responsive to the DVBE Participation Program requirements?
A: Non-responsive bids are subject to rejection. Many are rejected because of:
• Incomplete documentation
• Documentation not received by bid due date
• Mathematical error related to the percentage.
Q: If I am a disabled veteran business enterprise, can I meet the percentage requirements as a single company?
A: Yes.
Q: If my submitted bid meets the contract goal and the State decides to make multiple awards to the bid/contract, could my bid be considered non-responsive?
A: No. The State’s decision to make multiple awards will not jeopardize bid compliance.
END OF DOCUMENT
DEPARTMENT OF VETERANS AFFAIRS
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