25EB-003S-IFB-FINAL-6.20.25_2.pdf

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RICARDO LARA

CALIFORNIA INSURANCE COMMISSIONER

INVITATION FOR BID

Notice to Prospective Bidders

June 20, 2025

The California Department of Insurance (CDI) invites firms to review and respond to this Invitation for Bid (IFB) # 25EB-003S, entitled Pole Camera Installation and Removal Services. The CDI intends to award one (1) contract for the Agreement term of thirty-six (36) months. In submitting a bid, it 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 the firm does not have Internet access, an electronic copy can be provided by contacting CDI as noted below.

In the opinion of CDI, this IFB is complete and without need of explanation. However, if there are any questions, or need any clarifying information, the contact person for this IFB is:

Mark Valim

California Department of Insurance Financial and Business Management Division - Business Management Bureau

BMB_Procurement@insurance.ca.gov

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 mailto:BMB_Procurement@insurance.ca.gov

California Department of Insurance (CDI)

IFB# 25EB-003S

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Table of Contents

Section Page(s) A) Purpose and Description of Services 3

B) Bidder Minimum Qualifications 3

C) Bid Requirements and Information 3-8

1) Key Action Dates

2) Duration/Budget

3-4

3) References 4 ) Submission of Bid

4-6

5) Evaluation and Selection 6-7

6) Award and Protest 7

7) Miscellaneous Award Issues 7

8) Disposition of Bids 7-8

9) Agreement Execution and Performance 8

D) Preference Programs 8-12

1) Small Business Preference

2) DVBE Incentive

8-9 9-10

3) Target Area Contract Preference Act (TACPA) 10-12

E) Required Attachments 12-22

1) Required Attachment Checklist

2) Bid/Bidder Certification Sheet

14-15

3) Cost/Bid Sheet 16

4) Bidder References 17

5) Darfur Contracting Act

6) DVBE Participation Forms & Instructions

7) Confidentiality and Non-Disclosure Agreement 19

8) Conflict of Interest Certification and Agreement 20

9) Non-Collusion Statement 21

10) Commercially Useful Function Certification (CDI-FBMD-BMB 008) 22

11) Contractor Certification Clause (CCC) 13

12) Payee Data Record (STD 204) 13

13) Payee Data Record Supplement (STD 205) 13

14) Bidder Declaration (GSPD-05-105) 13

F) Sample Standard Agreement (STD 213) 23-30

1) Exhibit A, Scope of Work 24-25

2) Exhibit B, Budget Detail and Payment Provisions 26-27

3) Exhibit C, General Terms and Conditions 28

4) Exhibit D, Special Terms and Conditions 29-30

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A) Purpose and Description of Services

The CDI will require the Bidder to provide services for the installation and removal of CDI surveillance equipment. CDI currently has surveillance cameras that will need to be installed on various utility poles for investigative purposes and then removed from those poles at a later requested date. The necessary work will only be performed on approved poles from the utility company that owns the poles. CDI will obtain and coordinate with municipalities and utility companies for necessary approvals before scheduling work on the poles. The work is to be charged hourly per service request. CDI will be required to be present during install services to ensure camera equipment is operational and during removal services to recover camera equipment. Any additional work outside the scope will require additional review and authorization before performing services.

The CDI plans to request up to seven (7) installation services and up to seven (7) removal services for each Fiscal Year (FY) 2025-26, FY 2026-27, and FY 2027-28. For a total up to forty-two (42) service requests in total.

B) Bidder Minimum Qualifications

a) The Bidder must have at least five (5) years of experience working on utility poles throughout California.

b) The Bidder must have at least three (3) current pole maintenance-access agreements with utility companies servicing California’s major metropolitans and the ability to obtain agreements with additional utility companies as necessary.

c) The Bidder must be currently licensed by the Contractors State Licensing Board (CSLB) as required by the Department of Consumer Affairs (DCA).The Bidder must have these license classifications as follows:

(A) General Engineering, (C-10) Electrical, (C-31) Work Zone Traffic Control, (C-61/D-31) Pole Installation and Maintenance. Bidder shall furnish a copy of licenses as proof of current status and validity.

d) The Bidder must be insured for: general liability (no less than $1,000,000 per claim, $3,000,000 aggregate), worker’s compensation (minimum $500,000), and automobile (minimum $1,000,000). Bidder shall furnish a copy of certificates as proof of current status and validity.

e) The Bidder must have a Contractor’s bond of $25,000 at minimum, as required by the DCA-CSLB. Bidder shall furnish a copy of certificates as proof of current status and validity.

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 may result in the bid to be considered non-responsive and be rejected for consideration.

C) Bid Requirements and Information

1) Key Action Dates

Event Date2/ Time IFB available to prospective bidders June 20, 2025 -- Written Question Submittal Deadline (via email to bmb_procurement@insurance.ca.gov)

June 27, 2025 5:00 PM PST

Response to Written Answers July 7, 2025 -- Final Date for Bid Submission1/

(via email to bmb_procurement@insurance.ca.gov) July 18, 2025 4:00 PM PST

Bid Evaluation/Cost Proposal Opening August 1, 2025 3:00 PM PST Interviews August 11-15, 2025 -- Notice of Intent to Award August 18, 2025 -- Proposed Award Date August 26, 2025 --mailto:bmb_procurement@insurance.ca.gov mailto:bmb_procurement@insurance.ca.gov

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1/ BMB_Procurement@insurance.ca.gov will confirm receipt of each bid once received. To ensure timely confirmation, ensure that bids 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/Budget

The duration of the Agreement between CDI and the successful bidder is expected to begin upon the date of Agreement approval by both parties and CDI of General Services – Office of Legal Services and continue for thirty-six (36) months with no renewal/amendment options.

The anticipated budget total is approximately $50,000 combined for FY 2025-26, FY 2026-27, and FY 2027-28.

3) References

a) Submission of Bidder References, Attachment 5 is mandatory. Failure to complete and return this attachment with your bid may cause your bid to be rejected and deemed non-responsive. Bidders MUST provide a minimum of two (2) and a maximum of three (3) references.

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

c) At least one and possibly all references will be contacted.

4) 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 C) Bid Requirements and Information 1) Key Action Dates (pages 3-4). The email submission must be identified in the subject line with the IFB number, IFB title and firm name, as shown in the following example:

25EB-003S-IFB-Pole Camera Installation and Removal Services-Bidder Name

Note: Bids not submitted as stated above may be considered non-responsive and be rejected for consideration.

b) All bids shall include the documents identified in Attachment 1, Required Attachment Checklist (see page 13). 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 proposed bid with attachments referenced in this document via email to

BMB_Procurement@insurance.ca.gov by 4:00 PM PST on July 18, 2025. 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)

Note: Cost proposal MUST be submitted in a separate email to mailto:BMB_Procurement@insurance.ca.gov

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BMB_Procurement@insurance.ca.gov and titled “COST/BID SHEET-25EB-003S-IFB-Pole Camera Installation and Removal Services-Bidder Name.”

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 Agreement.

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, see pages 14-15. 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 conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the mailto:BMB_Procurement@insurance.ca.gov mailto:BMB_Procurement@insurance.ca.gov https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

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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) 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 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 non-disclosure.

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.

5) Evaluation and Selection

a) At the time of Cost/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.

1) Cost/Bid Opening

a) The Cost/Bid 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.

2) 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.

3) Selection

a) Responsive and responsible bids will be evaluated on the factors in this IFB. Award of this

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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.

6) 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.

7) Miscellaneous Award Issues

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. Miscellaneous Award Issues

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

b) 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]).

c) 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/Project Representative to begin work.

d) 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.

e) 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]).

8) 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.

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

9) Agreement Execution and Performance

a) Performance shall start on the express date set by the CDI 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

Agreement.

D) Preference Programs

1) SB Preference

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.

a) A five (5) percent preference is also available to a non-SB claiming twenty-five (25) percent California-certified SB or MB subcontractor participation. 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.

b) 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.

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

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

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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.

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

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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:

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

ii. Document DVBE participation on Attachment 3, 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:

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

As defined California Code of Regulations, Title 2, section 1896.71 and Military & Veterans Code section 999, a person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following:

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

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

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

iv. 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.

v. 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 the contractor, subcontractor’s, or supplier’s 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)

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

S:\2. Procurement\FY 2025-26\EB\003S-0000-Pole Camera Install-IFB\IFB\25EB-003S-IFB-FINAL-6.20.25_2.docx 6/20/2025 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 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: Target Area Contract Preference Act Preference Request for Goods and Services Solicitations (STD 830), Manufacturer's Summary of Contract Activities and Labor Hours (DGS/PD 525), Bidder’s Summary of Contract Activities and Labor Hours (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: Request-a Target-Area-Contract-Preference

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 California Code of 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/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4535.&lawCode=GOV

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Regulations, Title 2, section 1896.40 in addition to requirements specified on the TACPA form Target Area Contract Preference Act Preference Request for Goods and Services Solicitations (STD 830)

E) Required Attachments

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

https://govt.westlaw.com/calregs/Document/I5407E8A35A0A11EC8227000D3A7C4BC3?viewType=FullText&listSource=Search&originationContext=Search%2BResult&transitionType=SearchItem&contextData=(sc.Search)&navigationPath=Search%2fv1%2fresults%2fnavigation%2fi0ad720f20000016e66ec5678dc5d543e%3fppcid%3de7c3a28c6b4247f78bbb8d130e55b065%26Nav%3dREGULATION_PUBLICVIEW%26fragmentIdentifier%3dI5407E8A35A0A11EC8227000D3A7C4BC3%26startIndex%3d1%26transitionType%3dSearchItem%26contextData%3d%2528sc.Default%2529%26originationContext%3dSearch%2520Result&list=REGULATION_PUBLICVIEW&rank=1&t_T2=1896.40&t_S1=CA%2BADC%2Bs https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

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ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

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

1/ Complete this checklist to confirm the items are in the proposed bid. For the bid to be responsive, all required attachments MUST be returned, including the checklist, and check marked on the list above. This includes attachments that may not be applicable. Please notate accordingly on the attachment.

INCLUDED

WITH BID

PACKAGE

ATTACHMENT 1/

CONFIRMED

SUBMITTED

BY CDI

☐ 1. Required Attachment Checklist ☐ ☐ 2. Bid/Bidder Certification Sheet ☐ ☐ 3. Cost/Bid Sheet ☐ ☐ 4. Bidder References ☐ ☐ 5. Darfur Contracting Act Certification (DGS PD 1) [must be returned if NOT applicable]

☐ 6. DVBE Participation Forms & Instructions/DVBE Declarations (DGS PD 843) [must be returned if NOT applicable]

☐ 7. Confidentiality and Non-Disclosure Agreement ☐ ☐ 8. Conflict of Interest Certification and Agreement ☐ ☐ 9. Non-Collusion Statement ☐ ☐ 10. Commercially Useful Function Certification (CDI-FBMD-BMB 008)

[must be returned if NOT applicable]

☐ 11. Contractor Certification Clauses (CCC 04/2017) ☐ ☐ 12. Payee Data Record (STD 204) ☐ ☐ 13. Payee Data Record Supplement (STD 205) (If applicable) ☐ ☐ 14. Bidder Declaration Written (GSPD-05-105) ☐

BIDDER MINIMUM QUALIFICATIONS

☐ 1. Proof of 5 years of experience working on utility poles throughout California ☐ ☐ 2. Current Pole Maintenance-Access Agreements with Utility Companies ☐ ☐ 3. Proof of Current CSLB License Classifications: A, C-10, C-31, C-61/D-31 ☐ ☐ 4. Insurance Certificates: General Liability, Worker’s Compensation, Employee, Automobile

☐ 5. Proof of Contractor’s Bond of $25,000 minimum with CSLB ☐ https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf 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

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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. The bid MUST be transmitted electronically in accordance with IFB instructions.

A. All required attachments are included with this certification sheet.

B. I have read and understand the DVBE participation requirements.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and Disable Veteran Business Enterprise Services (OSDS) as:

a. California Small Business Enterprise

Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending:

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Completion Instructions for Bid/Bidder Certification Sheet Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

4 Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation.

The sole proprietor is solely liable for all the debts of the business.

5 Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

6 Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

8 Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

9 Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10,11 12, 13

Must be completed. These items are self-explanatory.

14 If certified as a California SB, place a check in the "Yes" box, and enter your certification number on the line. If certified as a DVBE, place a check in the "Yes" box and enter your service code on the line. If not certified to one or both, place a check in the "No" box. If certification is pending, enter the date the application submitted to Office of Small Business and Disabled Veterans Business Enterprise Services /CaleProcure website.

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ATTACHMENT 3

COST/BID SHEET*

*For Attachment 3, see Excel Spreadsheet/File.

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ATTACHMENT 4

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed non-responsive.

References may be contacted by CDI. References must provide information relating to services that the bidder has provided demonstrating the Bidder’s responsibility, experience, and capacity to perform the services required in this IFB. If two (2) of three (3) references obtained by CDI are not favorable in these areas, the bid package shall be deemed non-responsive and rejected. If references cannot be reached after three (3) attempts during business hours (M-F, 8:30 a.m. – 5:00 p.m.), the bid package may be deemed non-responsive and rejected.

1. Briefly explain why you believe your firm is qualified to perform the work described in this IFB. Use an additional paper if necessary.

2. Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed non-responsive.

3. List below a minimum of two (2), maximum of three (3) references for services performed within the last five (5) years, which are similar to the services to be performed in this Agreement. At least one

(1) reference must be from a public agency.

REFERENCE 1

Name of Firm

Street Address City State Zip Code Contact Person Telephone Number Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 2

Name of Firm

Street Address City State Zip Code Contact Person Telephone Number Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 3

Name of Firm Street Address City State Zip Code Contact Person Telephone Number Dates of Service Value or Cost of Service

Brief Description of Service Provided

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ATTACHMENT 6

DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION FORMS & INSTRUCTIONS

For the purpose of this solicitation, the Disabled Veteran Business Enterprises (DVBE) participation requirement is waived; however, this solicitation does provide an incentive for DVBE participation.

The State has established goals for DVBE participating in State contracts. Bidders must complete and return all the appropriate pages in order for the IFB response to be considered responsive.

Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) Disabled Veteran Business Enterprise Declaration (DGS PD 843). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s).

The required forms to be submitted with a bid response is the Disabled Veteran Business Enterprise Declarations (DGS PD 843) and a *Bidder Declaration (GSPD-05-105).

*Please submit Bidder Declaration (GSPD-05-105) Bid.

NOTICE: The Bidder/Contractor is required to mark “Final Invoice” on the last invoice submitted to CDI for payment.

For agreements that include one, or more, Disabled Veteran Business Enterprise (DVBE) subcontractors, CDI shall withhold $10,000 from the final payment (or the full final payment if it is less than $10,000) until the Bidder Contractor submits to CDI the Prime Contractor’s Certification – DVBE Subcontractor Report (STD 817) required by Attachment 7, Disabled Veterans Business Enterprise Participation Forms and Instructions.

The STD 817 is required upon completion of the contract, no later than final invoice. For more information visit https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/File-DVBE- Subcontracting-Report

If the Contractor fails to submit the STD 817, CDI shall provide the Contractor a written Notice to Cure. If the Contractor fails to provide the STD 817 within 30 days of the date of the Notice to Cure, CDI shall permanently deduct $10,000 from the final payment or the full final payment if it is less than $10,000.

Upon receipt of a complete and accurate STD 817, CDI will authorize payment of the withheld funds.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.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/pdf/std817.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/File-DVBE-Subcontracting-Report https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/File-DVBE-Subcontracting-Report https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

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ATTACHMENT 7

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

1. I will keep all project information, including information concerning the planning, processes, and development of procedures of this project, confidential and secure. I will not copy, give or otherwise disclose such information to any other person unless (1) that person has also signed a Confidentiality and Non-Disclosure Agreement, or (2) such disclosure is authorized by the Project Representative.

2. I understand that the information to be kept confidential includes, but is not limited to, specifications, administrative requirements, contractual terms and conditions, concepts, discussions and written or electronic material, unless such information is lawfully obtainable by the general public.

3. I will appropriately store all confidential documents and working papers to protect their confidentiality and ensure they are shredded if no longer needed.

4. I will follow any instructions provided by the project relating to the confidentiality of project information.

5. I will notify the Project Representative or his/her assistant immediately in the event that I either learn or have reason to believe that any person who has access to project confidential information has made or intends to make an unauthorized disclosure of such information.

6. I understand that any unauthorized disclosure I make may be a basis for disciplinary action, civil or criminal penalties, or termination of project.

7. I understand that if I leave the project, I must still keep all project information confidential unless it is publicly available.

8. I understand all confidential information is and shall remain the property of CDI.

Signature: Date:

Printed Name:

Agency/Company:

Position/Title:

Telephone:

E-Mail Address:

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ATTACHMENT 8

CONFLICT OF INTEREST CERTIFICATION AND AGREEMENT

I certify that:

1. I have no actual or potential economic interest incompatible with my involvement in this project.

Neither my spouse, registered domestic partner, nor dependent child(ren), if any, have an actual or potential economic interest which would be incompatible with my involvement in the project. An economic interest may include:

• Direct or indirect investments in a business entity

• Sources of income received in the 12 months preceding a government decision

• Interests in real property

• Paid or unpaid business positions (e.g., officer, director, employee)

• Gifts or gratuities received in the 12 months preceding a…