25-0001_IFB.pdf

Revised 7/3/2024

January 24, 2025

INVITATION FOR BID (IFB)

IFB No.: 25-0001 Title: Dairy Microbiological Services Laboratory 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 Background Minimum Requirements MDFS Responsibilities Contractor Responsibilities

Laboratory Analysis Requirements Summary of Annual Projected Workload

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

EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

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

REPORTS

CONFIDENTIALITY AND PUBLIC RECORDS

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................................................................................ January 24, 2025 Written questions must be received by 12:00 PM PT ..................... January 30, 2025 Questions and Answers will be posted by 5:00 PM PT .................. February 3, 2025 Emailed bids must be complete and received no later than 2:00 PM PT .................................................... February 10, 2025

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 July 1, 2025, or upon final/Department of General Services/Office of Legal Services (DGS/OLS) approval, whichever is later, through June 30, 2026.

Option to Renew

The CDFA reserves the right to renew this agreement for two (2) additional one (1) year(s), if needed, with the successful bidder at the end of the agreement term, provided funding to do so is appropriated for this purpose in subsequent budgets. Proposed renewals are assessed annually for approval by the California Department of General Services and CDFA according to program direction, funding, consistency of price and scope of work continuity.

Description of Services

The Department of Food and Agriculture (CDFA), Milk and Dairy Food Safety Branch (MDFS) is entering into a contract for services, as described herein, for bidder to serve as a dairy microbiological services laboratory (DMSL) for the Department. The DMSL must be located in

California and meet the minimum requirements as specified below. MDFS has the right to access the facility and records of the DMSL during normal business hours to ensure official testing methods, procedures and recordkeeping requirements are being followed as related to the services performed under this IFB and any subsequent contract extensions.

Background

MDFS protects California’s consumers by ensuring that milk and milk products are safe, wholesome, meet all state and federal standards, and are properly labeled. To fulfill this mission, MDFS conducts regulatory food safety activities at all sectors of the dairy industry from farm to table, including inspections of dairy farms, bulk milk pickup tankers, milk processing plants, industry milk testing laboratories and manufacturers of single service dairy containers. In addition, sanitation ratings by MDFS personnel who have been trained and evaluated by the U.S. Food and Drug Administration (FDA) certify milk supplies and milk plants for federal approval to ship Grade-A dairy products in interstate commerce and certify laboratories to conduct federally accepted microbiological testing on milk and milk product samples.

MDFS collects samples of milk, milk products, products resembling milk products and water supplies for laboratory testing to ensure compliance with bacterial and compositional requirements, responds to consumer complaints and food safety incidents, and initiates impounds and product recalls to protect public health as warranted. Samples will be of dairy products collected by MDFS inspectors at licensed dairy farms, processing plants or at retail locations where products are sold. Samples will consist of a dairy farm bulk tank milk samples and a variety of dairy products including, but not limited to, fluid milks, creams, yogurt, cheeses, ice cream and other frozen desserts. Samples will also include products resembling milk products such as nondairy frozen desserts, almond milk, and soy milk. Samples are for official regulatory work to ensure compliance with applicable state and federal microbiological standards.

All dairy products sold in the California marketplace must meet state and federal microbiological requirements (Food and Agricultural Code, Division 15, California Code of Regulations Title 3, Division 2, Chapter, Code of Federal Regulations Title 21 and the U.S.

Health and Human Services, Grade “A” Pasteurized Milk Ordinance (PMO).

Minimum Requirements

Requirements in both Section A and B below must be met:

A. ISO Accreditation: The DMSL must be accredited to the ISO/IEC 17025:2017 standards to analyze food samples and/or shall have a documented quality system in place applicable to dairy chemistry testing which incorporates the following management and technical requirements at a minimum:

1. A quality system that is documented in a Quality Manual that includes

a. Calibration and maintenance of equipment

b. Use of validated and verified test procedures

c. Documentation of sample traceability

d. Documentation of analytical results and analysts performing work

e. Documentation of training and authorization of analysts to perform technical procedures; and

f. Periodic audits

2. A documented process that defines the activities necessary to take corrective action when non-conforming work occurs.

3. A document control procedure that assures documents issued to personnel are current, suitable, and reviewed and approved by authorized personnel prior to release.

4. A documented record keeping process that assures that records of original observations and data collection are maintained and sufficient to establish traceability of test results to sample handling and storage, to sample analysis including data collection, to equipment calibration and maintenance, and to the review of tests results prior to release.

5. A documented process to assure that reference materials used are fit for purpose, are not outdated, and are traceable to a lot number or other unique identifier.

6. A documented process to assure that the laboratory participates in relevant and available proficiency testing activities (such as the Federal Milk Marketing Order monthly control samples, FMMO CS). Proficiency testing results shall be shared with

MDFS.

B. Certification Requirements

1. The DMSL must meet and maintain accreditation as an official testing laboratory under the national Grade “A” FDA Interstate Milk Shippers (IMS) Program, based on the evaluation of an FDA-certified MDFS Laboratory Evaluation Officer (LEO) or a milk laboratory evaluation officer of the FDA. Laboratory analysts used by the DMSL must be certified by an MDFS LEO to conduct official tests for the purpose of providing services to MDFS. There will be no exceptions.

2. The costs of milk analyst certification and initial and/or biennial milk laboratory evaluation by an MDFS LEO shall be borne by the DMSL.

3. Certified milk analysts must be approved by an MDFS LEO to perform the following tests in Table 1:

Table 1. Analyst Certification Requirements

Laboratory Procedure Name IMS Laboratory Procedure Code

Standard Plate Count 2 Petrifilm Aerobic Count and Rapid Aerobic Count 5 Charm SL 9-C13 Charm 3 SL 3 9-C15 Charm ROSA Tetracycline SL 9-C17 Charm Rosa Sulfa 9-C18 Delvotest P Mini 9-D1 Delvotest P 5 Pack 9-D3 Idexx Snap 9-I1

DMSCC 12

Foss BacSomatic 16h Petrifilm Coliform Count & High Sensitivity Coliform Count 20

Coliform Count Plate Count (VRB) 21 Pasteurized Milk Containers (rinse test) 22 Dairy Waters (DS-LTB Multiple Tube & Colilert) 24 Advanced Fluorometer 28

MDFS Responsibilities

1. All samples submitted for analysis must be clearly labeled and accompanied by a completed MDFS submission form.

2. MDFS shall pay costs of shipping samples to the DMSL, unless the DMSL operates its own sample submission courier system that would be used for these services. The DMSL shall pay shipping costs of empty packers returned to MDFS inspectors. A confidential mailing list shall be provided for the return shipment of packers to MDFS inspectors’ residences, or the MDFS Regional Office as designated by MDFS.

3. MDFS will provide the DMSL with a list of compliance standards for milk, milk products and products resembling milk products as specified in the Food and Agricultural Code (FAC), California Code of Regulations (CCR), the FDA PMO, and specifications of the United States Department of Agriculture (USDA), as applicable.

Contractor Responsibilities

The following services and analyses will be provided to MDFS by the DMSL:

1. The DMSL shall provide microbiological analytical services for compliance testing, including any associated inhibitor (drug residue) tests, of raw market milk and raw manufacturing milk produced by dairies located in state established inspection areas in California as submitted by MDFS.

2. The DMSL shall provide microbiological analytical services for compliance testing, including any associated inhibitor (drug residue) tests, of market milk products, manufacturing milk products and products resembling milk products processed or distributed in the state of California as submitted by MDFS.

3. The DMSL shall provide microbiological analytical services for compliance testing of well water, recirculated water, or recycled water from dairy farms and milk products plants as submitted by MDFS.

4. The DMSL shall provide microbiological analytical services for compliance testing of single-service dairy containers as submitted by MDFS.

5. The DMSL will have the right to refuse samples that are not properly labeled or submitted according to compliance with Federal/State NCIMS laboratory requirements. In such instances, the DMSL will notify MDFS immediately and request that samples be resubmitted for testing. Specimen vials/bottles will be provided by MDFS. Tests for inhibitory substances or drug residues shall be started within 24 hours of receipt of samples by the DMSL or immediately in the case of PMO, Appendix N testing.

6. All results of testing will be submitted electronically upon completion of testing to designated CDFA servers, or e-mailed and/or faxed to the following MDFS regional offices submitting the samples:

• Central Region: 2550 Mariposa Street, Room 3044, Fresno, CA 93721

Phone: (559) 445-5506, Email: fmds@cdfa.ca.gov

• North Coast Region: 1220 N Street, 3rd Floor, Sacramento, CA 95814

Phone: (916) 900-5081, Email: oakmdfs@cdfa.ca.gov

• Southern Region: 3800 Concours Street, Suite 150, Ontario, CA 91764

Phone: (909) 923-9929, Email: ontmdfs@cdfa.ca.gov

• North Valley Region: 3800 Cornucopia Way, Suite F, Modesto, CA 95358

Phone: (209) 466-7186, Email: stomdfs@cdfa.ca.gov

The DMSL will provide hard copies of submission forms and reports upon request of MDFS, as necessary to conduct investigations or for court appearances.

7. Results of testing for degrades/restricted use, impound samples, quarantines, condemnation, reinstatement procedures or reports requested at any time by the MDFS shall be reported to MDFS, or the MDFS inspector submitting the sample, per MDFS RUSH Communication Guidelines. All results not meeting standards shall be noted and confirmed by the laboratory supervisor prior to regulatory notification.

8. The DMSL shall be available to receive and analyze routine samples five (5) days a week (Monday through Friday, 8 am to 5 pm and shall be required to analyze samples on weekends and holidays as needed in order to comply with FDA protocols). The DMSL shall perform emergency services at any time upon 24 hours notification at no additional charge.

9. The DMSL shall submit sample test result reports to MDFS on the analysis of milk, milk products and products resembling milk products submitted through the mailto:fmds@cdfa.ca.gov mailto:oakmdfs@cdfa.ca.gov mailto:ontmdfs@cdfa.ca.gov

MDFS bar code app or paper lab submission forms on a flow basis as tests are completed.

10. The DMSL shall submit to the Chief of MDFSB a monthly and annual laboratory activity report summarizing samples received and analyses performed. Format and content of reports shall be agreed upon by both parties. When necessary, the annual report will be accompanied by a narrative noting any significant milk laboratory submissions, findings, or service problems during the reporting period.

Monthly reports must be submitted no later than the 10th calendar day of the following month. An annual report must be submitted by the 15th of July for the prior fiscal year (July 1 through June 30).

11. Preferred Capabilities of the DMSL: A Laboratory Information Management System

(LIMS) capable of working in concert with the MDFS web based electronic sampling submission application. At a minimum the system would:

a. Have the ability to send and receive lab orders with unique IDs to and from the

MDFS Web Service,

b. Compile the lab orders into an XML API message,

c. Transmit the message to the DMSL Web Service and

d. Save the messages into the DMSL LIMS system.

e. Trigger receipt message transmissions from the DMSL Lab Web Service to the MDFS Web Service automatically when lab technicians process a Lab Order in the DMSL LIMS system by assigning an Accession Number to the Lab Order and a Specimen ID to each Sample submitted on the Lab Order.

f. Trigger results message transmissions from the DMSL Lab Web Service to the MDFS Web Service manually when lab technicians enter results for Tests that were requested on the Samples in a Lab Order.

g. Support several connections the DMSL Lab Web Service and the MDFS Web Service at the same time.

h. Transmit data as soon as the data is finalized in the DMSL LIMS System. This is necessary to ensure data is delivered to its responsible party in a timely fashion.

i. When the MDF Web Service is unavailable, place any Receipt or Results messages that fail to send from the DMSL LIMS System into a queue so that they can be resent at a later date.

j. Encrypt communications between the DMSL Lab Web Service and the MDFS Web Service using the Transport Layer Security (TLS) protocol version 1.2.

k. Look for a special HTTP header in HTTP requests named AuthID, to ensure the MDFS Lab Web Service only allows communication from DMSL Lab, and DMSL

Lab only allows communication from the MDFS Lab Web Service. The value of this header shall be a character string that both DMSL Lab and MDFS Lab Web Service transmissions include to uniquely identify each other. Without this header with the correct value, authentication shall be rejected.

l. The DMSL would have IT staff or consultants available to work with MDFS IT staff or consultants to test and troubleshoot web service communication between the DMSL and MDFS web services.

m. The DMSL would have separate Development, System Test, User Acceptance Testing and Production environments to support the System Development Life Cycle with CDFA MDFS IT

Laboratory Analysis Requirements

Producer samples may include, but are not limited to, requests for the following tests:

1. Standard Plate Count

2. Laboratory Pasteurized Count

3. Inhibitory Substances

4. Somatic Cell Count (Electronic and Direct Microscopic)

5. Coliform Bacteria

Plant/product related samples may include, but are not limited to, requests for the following tests:

1. Standard Plate Count

2. Coliform Bacteria

3. Phosphatase

4. Inhibitory Substances

5. Yeast and Mold Count

6. Milk Containers (Residual Bacterial Count and Residual Coliform Count)

Water sample tests include, but are not limited to:

1. Recirculated Water:

MPN total coliform bacteria

2. Source Water:

- MPN total coliform bacteria

- MPN of E. Coli if coliforms present

Summary of Annual Projected Workload

Analyses must be conducted according to the procedures listed below in Table 2, including required associated Quality Control (QC) tests, as specified in the most current versions of FDA/2400 Forms, as applicable to Grade “A” milk and milk products. When an FDA/2400 Form is not applicable to the sample being tested, an applicable and valid procedure as published in the Standard Methods for the Examination of Dairy Products, 17th Edition, must be used. Modifications to approved tests must be validated by the DMSL and approved by MDFS prior to official use.

Table 2.

*Standard Methods for the Examination of Dairy Products, 17th Edition (2004), of the American Public Health Association

Test Code Test Type Estimated Count

Estimated QC Count

IMS: 2 SPC, 5a PAC, 5bRAC Standard Plate Count 11,169 3,004

SMEDP* Laboratory Pasteurization Count 3,496 1,038

IMS: 21 VRB, 20a PCC, 20 PCC or HSCC Coliform Bacteria 8,455 2,257

IMS: 9-C13 (Charm SL), 9-D3 5Pak 9-D1 mini (Delvo P5), 9-I1 (IDEXX SNAP), 9-C15 (Charm

SL3)

Inhibitory Substances 7,186

1,135

IMS: 12 (cow and goat), 16h (cow) Somatic Cell Count 3,495 1,996

IMS: 24 Dairy Waters- Source 605 499

IMS: 24 Dairy Waters- Chiller/Recirculated 1,071 471

IMS: 28 Alkaline Phosphatase 1,561 693 IMS: 22 (PAC) Residual Bacterial Count 493 185

IMS: 22 (HSCC) Residual Coliform Count 493 154 SMEDP* Yeast Count 1,146 306 SMEDP* Mold Count 1,146 306

Grand Total 40,316 12,044

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) “2024 California Employer’s Guide” at https://edd.ca.gov/pdf_pub_ctr/de44.pdf and the Department of Industrial Relation’s website https://edd.ca.gov/pdf_pub_ctr/de44.pdf https://www.dir.ca.gov/ 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:

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.

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

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.

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.

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

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 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 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.

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.

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 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 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 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% https://www.calrecycle.ca.gov/StateAgency/

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 subcontractors at the request of the department. The department shall keep all information provided by the prime contractor regarding the DVBE program requirements in the procurement file for six (6) years (MVC §999.55).

PLEASE READ ALL INSTRUCTIONS CAREFULLY

These instructions contain information about the DVBE program requirements, bidder responsibilities, and the DVBE Bid Incentive. Bidders are responsible for thorough review and compliance with these instructions.

To meet the DVBE program requirements, bidders must complete and fully document compliance with the following:

PARTICIPATION COMMITMENT

Bidders must commit to meet or exceed the DVBE participation requirement in this solicitation by either Method A1 (bidder is a California certified DVBE) or A2 (bidder is not a California certified DVBE). Bidders must document DVBE participation commitment by completing and https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf submitting all forms and documentation necessary to support meeting CUF. Forms include the Bidder Declaration (DGS PD-05-105) and DVBE Declarations (DGS PD 843), the Confirmation Letter/Form as described below, and any other requested documentation.

Failure to complete and submit the required form(s) as instructed will render the bid non-responsive.

Method A1. Certified DVBE bidder:

A. Commit to perform the participation goal percentage of the contract bid amount with its own resources or in combination with another DVBE(s).

B. Document DVBE participation on the Bidder Declaration DGS PD-05-105 for the Prime and all subcontractors (any person, firm, and/or corporation that will participate in fulfilling any part of the contract).

C. Submit a written Confirmation Letter/Form from each DVBE subcontractor identified on the Bidder Declaration. The written confirmation must include the solicitation number and be signed by the Bidder and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of the intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

D. Submit DVBE Declarations Form, DGS PD 843, for all DVBE participants (prime or sub).

Method A2. Non-DVBE bidder:

A. Commit to using DVBE(s) to perform the participation goal percentage of the contract bid amount.

B. Document DVBE participation on the Bidder Declaration, DGS PD-05-105.

C. Submit a written Confirmation Letter/Form from each DVBE subcontractor identified on the

Bidder Declaration. The written confirmation must include the solicitation number and be signed by the Bidder and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of the intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

D. Submit DGS PD 843, DVBE Declarations Form, for all DVBE participants (prime or sub).

RESOURCES AND INFORMATION TO LOCATE DVBE SUPPLIERS

Awarding Department Contact the department at CDFA.Contracts@cdfa.ca.gov for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Department of General Services, Procurement Division (DGS-PD) OFFICE OF SMALL

BUSINESS AND DVBE SERVICES (OSDS)

The department’s Small Business (SB/DVBE) Advocate can also provide assistance with identifying DVBEs. For a directory of SB/DVBE Advocates for each department go to Find-a- SB_DVBE-Advocate.

For assistance with this directory, contact the DGS-PD SB/DVBE Advocate at (916) 375-4940 or Advocate@dgs.ca.gov.

For assistance with SB/DVBE search, certification applications and information, certification information, certification status or concerns and general DVBE program info, you may use any of the following methods:

1. From 8:00 a.m. – 5:00 p.m., Monday through Friday: Call OSDS at (916) 375-4940

2. Visit the DGS website at: Apply For or Re-apply as Small Business, Disabled Veteran

Business Enterprise (ca.gov); or

3. Email: OSDSHelp@dgs.ca.gov

DGS PD E-Procurement Access the list of all certified DVBEs by using the DGS-PD online certified firm database at www.caleprocure.ca.gov. To begin your search, click on “Quicklinks” and then click on “Find Certified Firms (SB/DVBE). Search by one “keyword” or “United Nations Standard Products and Services Code (UNSPSC)” at a time that apply to the elements of work you want to subcontract.

Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at www.caleprocure.ca.gov, click on Resources and then on “Find Public Procurement Information.” For questions regarding the CSCR, please call (916) 375-2000 or send an email to eprocure@dgs.ca.gov.

For eProcurement Training Modules, including the SB/DVBE Search, click on “Resources” then on “Training and Resources.”

California Department of Veterans Affairs Visit www.calvet.ca.gov, Click on CalVet Programs tab, click on Veterans Services, and then click on Disabled Veterans Business Enterprise (DVBE Program) or email:

DVBE@calvet.ca.gov.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Small-Business-Disabled-Veteran-Business-Enterprise-Advocate-Directory?search=SB/DVBE%20Advocates https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Small-Business-Disabled-Veteran-Business-Enterprise-Advocate-Directory?search=SB/DVBE%20Advocates mailto:Advocate@dgs.ca.gov https://www.dgs.ca.gov/PD-Certification https://www.dgs.ca.gov/PD-Certification mailto:OSDSHelp@dgs.ca.gov http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/ mailto:eprocure@dgs.ca.gov http://www.calvet.ca.gov/ mailto:DVBE@calvet.ca.gov

REQUIRED DOCUMENTS

The following documents must be submitted with your proposal to be considered responsive:

Attachment 1, Cost Sheet(s)

Contractor Status Form

Disabled Veterans Business Enterprise Participation Declarations, DGS PD 843

Bidder Declarations, GSPD-05-105 https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Commercially Useful Function (CUF), DGS OBAS 201 https://www.documents.dgs.ca.gov/dgs/fmc/dgs/obas201.pdf

Generative Artificial Intelligence (GenAI) Reporting & Factsheet, STD 1000 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

If corporation, proof that business is in good standing and qualified to conduct business in California.

If a nonprofit organization, proof of nonprofit status

The following forms will be required of the winning proposer upon award of the contract:

Contractor Certification Clauses – CCC 4/2017 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Recycled Content Certification Form, CalRecycle 74 https://www2.calrecycle.ca.gov/Docs/Web/111480

Darfur Contracting Act Certification, DGS PD 1 https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

California Civil Rights Laws Attachment, DGS OLS 04 https://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf

Iran Contracting Act Verification Form, DGS PD 3 (If $1,000,000 or more) https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf https://www.cdfa.ca.gov/grants/docs/Form1.10.1ContractorStatus.pdf https://www.cdfa.ca.gov/grants/docs/Form1.10.1ContractorStatus.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/dgs/obas201.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www2.calrecycle.ca.gov/Docs/Web/111480 https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf

SAMPLE CONTRACT - STD 213

Cali…