25ALSB-186S_Hard_Card_Fingerprint_IFB_FINAL.pdf

RICARDO LARA

CALIFORNIA INSURANCE COMMISSIONER

INVITATION FOR BID

Notice to Prospective Bidders

May 1, 2026

The California Department of Insurance (CDI) invites the review and response to this Invitation for Bid (IFB), entitled Hard Card Fingerprint Services, IFB# 25ALSB-186S. CDI intends to award one (1) contract for three (3) years/thirty-six (36) months.

In submitting the quote, the response must comply with these instructions.

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

In the opinion of CDI, this Invitation for Bid is complete and without need of explanation. However, if there are questions, respond by the Written Questions Submission Deadline. (See Key Action Dates C. 1 Page 8).

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

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

California Department of Insurance

25ALSB-186S

Table of Contents

Section Pages A) Purpose and Description of Services 3-6 B) Bidder Minimum Qualifications 6-7 C) Bid Requirements and Information 8

1) Key Action Dates 8

2) Duration/Renewal Options 8

3) Submission of Bid 8-10

4) Evaluation and Selection 10

5) Award and Protest 10

6) Miscellaneous Award Issues 11-12

7) Disposition of Bids 12

8) Agreement Execution and Performance 12

D) Preference Programs

1) Small Business Preference 12-13

2) DVBE Incentive 13-15

3) Target Area Contract Preference Act (TACPA) 15-16

E) Required Attachments 16

1) Required Attachment Check List 17-19

2) Bid/Bidder Certification Sheet 20-21

3) Cost/Bid Sheet 22

4) Bidder Identification of Staff 23

5) Bidder References 24

6) Darfur Contracting Act Certification 19

7) Disabled Veterans Business Enterprise/Participation Forms and Instructions 25

8) Confidentiality and Non-Disclosure Agreement 26

9) Conflict of Interest Certification and Agreement 27

10) Non-Collusion Statement 28

11) Commercially Useful Function Certification 19

12) Contractor Certification Clauses 19

13) Payee Data Record 19

14) Payee Data Record Supplement 19

15) Bidder Declaration 19

16) California Civil Rights Laws Attachment 19

17) Iran Contracting Act Verification Form 19

18) TACPA Preference Request for Goods and Services Solicitations 19

19) TACPA Manufacturer’s Summary of Contract Activities and Labor Hours 19

20) TACPA Bidder’s Summary of Contract Activities and Labor Hours 19

F) Sample Standard Agreement (STD 213) 29

1) Exhibit A, Scope of Work 30-33

2) Exhibit B, Budget Detail and Payment Provisions 34

3) Exhibit C, General Terms and Conditions 35

4) Exhibit D, Special Terms and Conditions 36-37

5) Exhibit E, Non-IT Services Contracts Confidentiality and Data Safeguards 38-39

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A) Purpose and Description of Services

Individuals applying for insurance agent, broker and insurance adjuster licenses in California must meet certain requirements that include passing a qualifying license examination and being cleared of a fingerprint-based background review. For the convenience of Non-Resident Insurance License Applicants, Hard Card Fingerprint services will need to be available outside of California, so that individuals can get the required fingerprints done. The Hard Card Fingerprint Technicians must be State certified, at the location where they intend to fingerprint license applicants.

1. Purpose

The purpose of this IFB is to obtain Hard Card Fingerprint Services for Non-Resident individuals applying for Insurance Agents, Brokers, Insurance Adjuster and other individual insurance licenses in California. The majority of the license applicants must meet certain requirements that include individual fingerprints for a fingerprint-based background review.

2. Description of Services/Project Tasks

A. HARD CARD FINGERPRINT SERVICES

a. Bidder shall provide Hard Card Fingerprint scanning services for Non-California Applicants.

Definition of “Applicant”

1) Applicants for insurance producer, adjuster and other licenses issued by CDI;

2) Officers, directors, or controlling persons of insurance companies or business entities that are applying to CDI for a certificate of authority to be licensed as an admitted insurance company in California; and

3) Insurance producer license applicants and others who would like to engage or participate in the business of insurance but have been identified as a “prohibited person” as defined under federal Title 18 USC 1033.

b. Electronic Transmission

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

c. Fingerprint Card Services

Bidder shall provide an address for receipt of Hard Card Fingerprints to be received from non-California resident Applicants.

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d. Transmit Location

Bidder shall provide at least one (1) location in California to transmit Hard Card fingerprint impressions to the DOJ.

e. Locations

Bidder shall electronically transmit fingerprint impressions to the DOJ at the Bidder’s business locations, Monday through Friday, 8:00 a.m. until 5:00 p.m. (Pacific Time).

f. Payment Methods

1) Bidder shall collect all fingerprint fees, including the Bidder’s fingerprint rolling fee, the

DOJ processing fee and the FBI processing fee from the license Applicants, and remit appropriate fees to the DOJ who, in turn, will pay the applicable FBI fee.

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

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

4) Bidder assumes full responsibility for fee collection and the processing of non-sufficient funds (“NSF”) or nonpayment of funds from all license Applicants.

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

6) Bidder shall allow for several methods to accept payment from individuals who submit fingerprint cards by mail (mail submissions must be scanned and then electronically submitted to the DOJ).

g. Required Fingerprint Reports

1) Bidder shall provide a listing of all Hard Card Fingerprint impressions completed each day for Non-Resident Insurance License Applicants to the DOJ using an electronic service approved by the DOJ on the same date the Hard Card Fingerprints are received.

a) The listing of all Hard Card Fingerprint impressions completed each day, as required on CDI’s Hard Card Service Request, Form (LIC 442-39A), shall include the following demographic data:

i) Type of application

ii) First, middle, and last name

iii) Former name/AKA’s (last and first)

iv) Date of birth

v) Gender

vi) Height and weight

vii) Eye color and hair color

viii) Place of birth

ix) Social security number

x) Driver’s license number

xi) Day time telephone number

xii) Residence address

xiii) Date of fingerprints https://www.insurance.ca.gov/0200-industry/0040-seek-producer-forms/0100-broker-agents/upload/LIC-442-39A-Fingerprint-Instructions-and-Payment.pdf

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

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

i) First name

ii) Last name

iii) Social security number

iv) ATI Number

v) Date of birth

vi) Date printed

vii) Indicating whether fingerprints scanned were paid or not paid

h. Equipment

1) Bidder shall guarantee that the DOJ certified equipment is functioning properly each day.

2) Bidder shall be responsible for the maintenance and the continued DOJ certification of the fingerprint hard card equipment.

3) Bidder shall provide for a system capable of electronically submitting fingerprints to the

DOJ, which in turn, will forward the digital fingerprints to the FBI on a daily basis.

4) Bidder shall provide all software and data communications required to electronically transmit Applicant demographic data from the scheduling database to the hard card machine at the fingerprinting location to the DOJ Network Automated Transmitting Management System (NATMS).

i. Submission of Fingerprints

1) Bidder shall provide a single location for the receipt of fingerprint hard cards to be scanned each business day and electronically transmitted to the DOJ.

2) Bidder shall provide a location in California, per California Penal Code section 11077.1, to electronically transmit the Hard Card Fingerprints card impressions to the DOJ.

3) Bidder shall provide staff support from 8:00 a.m. to 5:00 p.m. (Pacific Time) each business day, by telephone, email or internet access, to respond to CDI’s fingerprinting concerns.

4) Bidder shall guarantee that all Hard Card Fingerprint cards that are scanned, are transmitted to the DOJ.

5) Bidder shall guarantee the storage and security of scanned fingerprint cards until which time the contract period has expired, at which point these records should be transferred to CDI.

6) Bidder shall provide CDI with a list containing each individual that had their fingerprint hard cards scanned at the Bidder’s offices. The daily fingerprint reports will be provided to CDI electronically (i.e., email or internet link/s) no later than close of business on the next business day following the day that the fingerprint hard cards were scanned.

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

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

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

j. Audits

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

k. DOJ Waiver Certification

Bidder must notify CDI no later than 48 hours after notification by the DOJ of any changes in the waiver status with DOJ that authorizes the ability of the Bidder to provide Hard Card Fingerprint Services.

B) Bidder Minimum Qualifications

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

1. Licenses and Permits

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

a. City/county business license

b. Bidder’s state license number

c. License expiration date

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

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

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

2. Organization

A. Services and Activities

Provide a description of the nature of the organization's Hard Card Fingerprint Services and activities. Note when the business was established, brief history, and location(s).

B. Locations

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

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C. Changes in Organization

Bidder shall describe any significant changes in the firm’s organization and staffing during the previous three (3) years.

D. No Conflict of Interest

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

E. Complaints

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

F. Project Manager Experience and Resume

1. Bidder shall identify one (1) individual on the bidder's team who will manage the

Agreement work. Bidder shall verify the overall experience in Hard Card Fingerprint Services, with a minimum of five (5) years of service in this area.

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

Agreement.

G. References

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

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

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

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

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

H. Organization Chart

Bidder shall submit an organization chart, showing the hierarchy of key personnel to be working on project(s). The chart must show the relationship between project manager and key personnel of the Bidder’s organization and all other parties (subcontractors) to the bid.

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C) Bid Requirements and Information

1. Key Action Dates

Event Date2/ Time IFB available to prospective bidders May 1,2026 -- Written Question Submittal Deadline (via email to bmb_procurement@insurance.ca.gov)

May 8, 2026 5:00 PM PST

Response to Written Questions 2/ May 15, 2026 -- Final Date for Bid Submission1/

(via email to bmb_procurement@insurance.ca.gov) May 22, 2026 4:00 PM PST

Bid Evaluation/Cost Proposal Opening May 29, 2026 3:00 PM PST Interviews June 3, 2026 -- Notice of Intent to Award June 5, 2026 -- Proposed Award Date July 1, 2026 -- 1/ BMB_Procurement@insurance.ca.gov will confirm receipt of each proposal once received. To ensure timely confirmation, ensure that proposals are submitted as stated in C) Bid Requirements and Information 1) Key Action Dates.

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

2. Duration/Renewal Option

The duration of the Agreement between CDI and the successful proposer is expected to begin upon the date of Agreement approval by both parties CDI and Department of General Services – Office of Legal Services and continue for three (3) years/thirty-six (36) months.

3. Submission of Bid

A. All bids must be submitted electronically in a searchable .pdf file and sent to BMB_Procurement@insurance.ca.gov by dates and times shown in Section C, Bid Requirements and Information, Item 1) Key Action Dates.

B. All bids shall include the documents identified in Attachment 1, Required Attachment Checklist.

Bids not including the proper “Required Attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

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

D. Submit the bid with attachments referenced in this document, via email, to BMB_Procurement@insurance.ca.gov by 4:00 PM PST on May 22, 2026. Please be advised that there may be a heavy network demand and the State assumes no responsibility if a bidder cannot transmit the IFB response via email, or if the entire IFB response is not received prior to the IFB due date and time. NOTE: It may be necessary to transmit files in several emails. If this is the case, all files should be identified as appropriate (i.e., part 1 of 5) and all parts must be received by the due date and time above. Paper submissions will not be accepted. The electronic documentation sent via this email transmission shall not be altered in any manner. The State’s copy of the electronic documentation developed for this IFB, is for the purposes of issuing a binding contract, and shall be considered the ORIGINAL. (Max file size per email 36 Mbs).

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

mailto:bmb_procurement@insurance.ca.gov mailto:bmb_procurement@insurance.ca.gov mailto:BMB_Procurement@insurance.ca.gov mailto:BMB_Procurement@insurance.ca.gov mailto:BMB_Procurement@insurance.ca.gov

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

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

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

H. An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder

Certification Sheet, Attachment 2. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected or considered non-responsive.

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

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

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

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

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

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

N. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the Agreement amount will be made due to a lack of careful examination of work sites and specifications.

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

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

Q. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or bid, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

S:\2. Procurement\FY 2025-26\ALSB\186S-0000-Hard Card Fingerprint IFB\25ALSB-186S Hard Card Fingerprint IFB FINAL.docx conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such nondisclosure.

Upon notification by a Bidder / Offeror of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

4. Evaluation and Selection

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

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

C. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

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

5. COST/BID Sheet Opening

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

6. Cost Evaluation

A. The evaluation team will reconvene to complete cost evaluation after the cost opening. The cost sheet will be verified for mathematical accuracy. Errors will be resolved in accordance with the Bidder Instructions.

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

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7. Selection

Responsive and responsible bids will be evaluated on the factors in this IFB. Award of this Contract, if any, will be to the lowest Responsive and Responsible bidder. The State reserves the right at any time to reject any or all bids.

8. Award and Protest

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

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

C. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services, Office of Legal Services and CDI a detailed statement specifying the grounds for the protest.

9. Miscellaneous Award Issues

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

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

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

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

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

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

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

Code of Regs. Title 2, 1896.8[f]).

10. Disposition of Bids

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

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

11. Agreement Execution and Performance

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

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

D) Preference Programs

1. SB Preference

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

B. A five (5) percent preference is also available to a non-SB claiming twenty-five (25) percent

California- certified SB or MB subcontractor participation.

C. Certified small businesses or microbusinesses can claim the 5 percent preference when submitting a bid on a State contract. A non-small business may receive a preference of 5 percent if the business commits to subcontract at least 25 percent of its net bid price with one or more small businesses or microbusinesses. The 5 percent preference is used only for computation purposes, to determine the winning bidder and does not alter the amounts of the resulting contract.

The value of the preference is limited to $50,000 when a contract award is based upon award to the lowest compliant bid. A contract awarded on the basis of the 5 percent preference is awarded to the small business, microbusiness or non-small business for the actual amount of its bid.

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

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

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Bidder Bid Amount Bid After Preference

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

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

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

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

SB/MB

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

F. Commercially Useful Function:

Commercially useful function is defined as: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of service and goods); 2) Carries out its obligation by actually performing, managing or supervising the work involved; 3) Performs work that is normal for its business services and functions; 4) Is responsible, with respect to products, inventories, materials and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and 5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

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

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

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

2. DVBE Incentive

A DVBE, certified with the State of California, incentive will be given to bidders who provide DVBE participation to perform a “commercially useful function”.

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

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For evaluation purposes only, the State shall apply a DVBE Bid incentive to bids that propose DVBE participation as identified on the Bidder Declaration (GSPD-05-105) and confirmed by the State. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentage will apply for awards based on low price.

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

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

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

A. Non-DVBE Proposer incentive considerations:

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

2. Document DVBE participation on Attachment 14, Bidder Declaration (GSPD-05-105). At CDI’s option prior to contract award, a Proposer is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on Bidder Declaration (GSPD- 05-105). The RFP Contract Analyst named in the solicitation may contact each listed DVBE, by email or telephone, for verification of the Proposer’s submitted DVBE information. When requested, the document(s) must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for proposal rejection.

B. Commercially Useful Function:

California Code of Regulation, Title 2, §1896.61(l): The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirement of §1896.61(f); is certified in accordance with §1896.71; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in the Military & Veterans Code (MVC) §999, a person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following:

• Is responsible for the execution of a distinct element of the work contract (including the supplying of services and goods).

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

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• Carries out the obligation by actually performing, managing, or supervising the work involved.

• Performs work that is normal for its business services and functions.

• Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

• Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

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

3. Target Area Contract Preference Act (TACPA) https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Request-Target-Area-Contract-Preference

Under the provisions of the TACPA, Government Code section 4530 through 4535.3; the program was established to stimulate economic growth and employment opportunities in designated Areas throughout the State of California. To claim the TACPA preference, which may not exceed 9 percent (combination of the 5 percent Worksite Preference with the maximum 4 percent Work Force Preference) up to $50,000.00, for any bid, a Bidder must comply with GC sections 4534, 4534.1 and

4535.2 (a). This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid/offer.

A. Pre-Award Demonstration Requirements

If bidders wish to be considered for the preference, they must demonstrate and certify that they will comply with the requirements of the Act. Bidders must complete and submit all included or referenced solicitation preference program forms to be considered for a preference. The information provided must demonstrate that the bidder has the ability to comply with the terms and provisions of the preference program. The State, as part of its evaluation process, reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from bidders, manufacturers, subcontractors and any other sources available at the time of bid evaluation. Refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State’s request, may result in denial of the preferences requested.

B. Contract Award Compliance Requirements

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

Contractor agrees, with respect to certification, to hire persons with high risk of unemployment, or from high unemployment areas, and to act in good faith to retain the employees for the duration of the contract, and, if necessary, replace such person with other persons meeting the same https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference

S:\2. Procurement\FY 2025-26\ALSB\186S-0000-Hard Card Fingerprint IFB\25ALSB-186S Hard Card Fingerprint IFB FINAL.docx qualifications. Contractors are to promptly notify the State of the names of persons that have been terminated or who have been absent for more than three (3) consecutive days to communicate the reasons for the termination or absence. Contractors agree, under such circumstances, to consult with C D I and the Employment Development Department with respect to replacement of such persons. Bidders should review the detailed requirements for TACPA at California Code of Regulations, Title 2, section 1896.40, Contract Provisions. Form which must be submitted is:

STD 830, DGS/PD 525, DGS/PD 526 for TACPA.

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

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

http://tacpa.dgs.ca.gov/

By submitting TACPA forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code section 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.

E) Required Attachments

1. Refer to the following pages for additional Required Attachments that are a part of this IFB.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf http://tacpa.dgs.ca.gov/ https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4535.&lawCode=GOV https://govt.westlaw.com/calregs/Search/Results?transitionType=Default&contextData=%28sc.Default%29&t_T2=1896.40&t_S1=CA%20ADC%20s&Page=1&SearchId=i0ad720f20000016e66ec5678dc5d543e&query=advanced%3A%20CI%28%22%20CA%20ADC%20s%201896.40%22%29&Template=Find https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

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ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

A complete bid package will consist of the items identified below.

DEPARTMENT USE ONLY:

1. Bid package was received by deadline shown in Section C, Bid Requirements and Information, Key

Action Dates.

2. An electronic bid package submitted. One Attachment 3, Cost/Bid Sheet attached in separate email titled (COST/BID SHEET).

3. All documents in the bid package requiring an electronic signature of the person authorized to bind the bidding firm.

A complete bidder package consists of items identified below. Complete this checklist to confirm the items in the bid. Place a check mark or “X” next to each item that has been submitted to CDI. For your bid to be responsive, all required information and attachments must be returned. Bidder must provide a written response with explanation or certification to the minimum requirements as requested. This checklist should be returned with the bid package. CDI will review the bid package and checklist for compliance with requirements.

Licenses and Permits Section (B)(1.)

1. Bidder certifies they will provide fingerprint technicians that are certified by DOJ. Bidder is responsible for training.

2. Bidder agrees to provide a copy of each technician’s certification upon Agreement award.

3. Bidder submitted copies of the business license(s) and all other required licenses and certifications as needed to provide the Hard Card fingerprint service.

Organization (B)(2.)

Bidder provided the following information with written response about the organization.

1. Services and Activities

2. Locations

3. Changes in Organization

4. No Conflict of Interest

5. Complaints

6. Project Manager Experience and Resume

7. Resumes

8. References

9. Organization Chart

Hard Card Fingerprint Services (A)

Bidder agrees to provide these services, and certifies they have the capability to provide these services as listed in B) Bidder Minimum Qualifications

a. The bidder agrees to provide Hard Card Fingerprint Services for Applicants

b. Electronic Transmission

c. Fingerprint Card Services

1) Transmit location

d. Locations

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1) Hard Card technician and equipment.

e. Payment transaction requirements 1) – 6)

f. Required Fingerprint Reports 1) – 2)

g. Equipment 1) – 6)

h. Submission of Fingerprints, 1) – 9)

i. Audits

j. DOJ Waiver Certification

k. Department’s Responsibilities, 1) – 2)

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ATTACHMENT 1 (Cont’d)

REQUIRED ATTACHMENT CHECK LIST

For the Bid to be considered responsive/complete at time of submission, all required attachments MUST be included in the Proposal. Complete the Required Attachment Checklist (Attachment 1) to confirm the required items are included in the Proposal (Notate, via check mark, in the Included with Bid/Proposal Package column the item referenced is included in the Proposal). This includes attachments that may not be applicable. If an Attachment is not applicable, notate on the top of the Attachment “N/A,” and submit with the Proposal. Do not substitute attachments, only complete and return the required attachments/documents identified below.

REQUIRED

ITEM

INCLUDED

WITH BID

PACKAGE

ATTACHMENT

CONFIRMED

SUBMITTED

BY CDI

☐ 1. Required Attachment Checklist ☐ ☐ 2. Bid/Bidder Certification Sheet ☐ ☐ 3. Cost/Bid Sheet ☐ ☐ 4. Bidder Identification of Staff ☐ ☐ 5. Bidder References ☐ ☐ 6. Darfur Contracting Act Certification {See PDF Form} ☐ ☐ 7. DVBE Participation Forms & Instructions/DVBE Declarations

(DGS PD 843)

☐ 8. Confidentiality and Non-Disclosure Agreement ☐ ☐ 9. Conflict of Interest Certification and Agreement ☐ ☐ 10. Non-Collusion Statement ☐ ☐ 11. Commercially Useful Function Certification {See PDF Form} ☐ ☐ 12. Contractor Certification Clauses (CCC 04/2017) ☐ ☐ 13. Payee Data Record (STD 204) ☐ ☐ 14. Payee Data Record Supplement (STD 205) (If applicable) ☐ ☐ 15. Bidder Declaration Written (GSPD-05-105) ☐ ☐ 16. California Civil Rights Law Attachment (DGS OLS 04) ☐ ☐ 17. Iran Contract Act Verification (DGS PD 3) ☐ ☐ 18. TACPA Preference Request for Goods and Services Solicitations

(STD 830)

☐ 19. TACPA Manufacturer's Summary of Contract Activities and Labor Hours

(DGS/PD 525)

☐ 20. TACPA Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 526) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

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ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package.