26-012-210_Addendum_I__Revised_Time_Schedule.pdf

State Water Resources Control Board

October 27, 2026

Attention All Prospective Bidder(s):

Invitation For Bid (IFB) No. 26-012-210

Addendum I Certified Court Reporting

The purpose of this Addendum is to inform of important changes to the time schedule.

The following updates to the solicitation schedule have been made and have been incorporated in the attached Revised IFB:

• Question and Answer Summary will now be posted October 30, 2026, by 3:00 p.m.

PST

• Bids Must be Received by November 10, 2026, by 3:00 p.m. PST

• Due Date to Request Bid Opening Link: November 9, 2026, by 3:00 p.m. PST

• Bid Opening is now scheduled for November 12, 2026, at 2:00 p.m. PST

Please note, the IFB and its attachments have been replaced in their entirety to reflect the revisions noted. Changes made in the IFB are shown as: Text additions are displayed in bold and underline. Text deletions are displayed as strike-through text.

Please check caleprocure.ca.gov frequently for any addendums and/or revisions to this

IFB.

The Water Boards would like to thank you for your recent interest in this IFB. The bidding process is the mainstay of our competitive system, and your participation is appreciated and valued.

Sincerely, Panthea McDonald-Ryan, Contract Analyst

Division of Administrative Services

October 15, 2026 Invitation for Bid

IFB No. 26-012-210 Notice to Prospective Bidders

Prospective Bidders are invited to review and respond to the attached Invitation for Bid (IFB) No. 26-012-210 entitled, Certified Court Reporting for the State Water Resources Control Board (State Water Board). When preparing and submitting a bid, compliance with the instructions found herein is imperative.

If a discrepancy occurs between the information in the advertisement and the information herein, the information in this notice and in the attached IFB shall take precedence.

Inquiries regarding the processing of this bid should be referred to Panthea McDonald- Ryan at ContractBidsGeneral@waterboards.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 to this solicitation.

Thank you for your interest in the Water Board’s service needs.

Sincerely, Panthea McDonald-Ryan, Contract Analyst mailto:ContractBidsGeneral@waterboards.ca.gov

IFB Number: 26-012-210

Table of Contents

A. Purpose and Description of Services B. Time Schedule C. Agreement Term/Period of Performance D. Bidder Questions

1. What to Include in an Inquiry

2. How to Submit Questions

3. Question Deadline

E. Disabled Veteran Business Enterprise Requirement F. Scope of Work G. Bidder Minimum Qualification Requirements H. Bid Format and Content Requirements

1. General Instructions

2. Bid Package Requirements

I. Electronic Submission of Bids J. Bid Opening K. Bid Requirements and Information

1. Nonresponsive Bids

2. Withdrawal and/or Resubmission of Bids

a. Submitting a Withdrawal Request

b. Bid Mistakes

c. Resubmitting a Bid Package

3. Evaluation and Selection

4. Agreement Award and Protests

a. Agreement Award

b. Settlement of Tie Bids

c. Protests

1) Who can Protest

2) Grounds for Protests

3) Protest Timelines

4) Submitting a Protest

5. Disposition of Bids

6. Obtaining Copies of Bids

7. Verification of Bidder Information

8. Water Board Rights

a. IFB Corrections

b. Immaterial Bid Defects

c. Correction of Clerical or Mathematical Errors

d. Right to Remedy Errors

e. No Agreement Award or IFB Cancellation

L. Preference Programs

1. Small/Micro Business Preference

2. Non-Small Business Subcontractor Preference

3. Nonprofit Veteran Service Agency (NVSA) Small Business Preference

4. Target Area Contract Preference Act (TACPA) preference

5. Combined Preferences

6. Disabled Veteran Business Enterprise (DVBE) Participation

7. Small Business and Disabled Veteran Business Enterprise Advocate

M. Americans with Disability Act (ADA) N. Request for Language Services O. Agreement Terms and Conditions

1. Resolution of Differences Between IFB and Agreement Language P. Health and Safety Q. Executive Order N-6-22 – Russian Sanctions R. Generative Artificial Intelligence (GenAI) Requirements

U. Required Bid Attachments …………………………………………………………………………………………………...28 V. Sample Agreement Forms / Exhibits ………………………………………………..68

BID SUBMITTAL CHECKLIST

A complete Bid Package will consist of one (1) original bid package with original signatures of each item identified below. Place a check mark or “X” in the box corresponding to each item that you are submitting to the Water Boards. For your bid to be responsive, all required attachments detailed below must be returned. Bidders must comply with all requirements of this solicitation. Bidders must also provide this checklist as part of the bid package.

Attachment Attachment Name/Description Confirmed by Water Board

Yes No 1 Bid/Bidder Certification Sheet Yes

No

Yes No 2 Bid Response Form Yes

No

Yes No 3 Cost Sheet Yes

No Yes No 4 Bidder References Yes

No

Yes No 5

Contractor Certification Clauses (CCC-04/2017) Page 1 must be signed and submitted.

Yes No

Yes No

6 California Disabled Veteran Business Enterprise (DVBE) Program Requirement (Revised 10-2021) and DVBE Declarations (STD. 843)

Yes No

Yes No

Bidder Declaration (GSPD-05-105) Yes

No Yes No 8 Darfur Contracting Act

No

Yes No N/A

*Small Business Preference – If you are a certified Small Business (SB), include a copy of your SB certification Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise

Yes No N/A

Yes No N/A

*Non-Small Business Preference - If you are a non-SB claiming 25% California certified SB subcontractor participation, include copy(ies) of each subcontractor’s SB certification Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise

Yes No N/A

Yes No N/A

*Target Area Contract Preference Act (TACPA) (STD 830 and

DGS PD 526)–

Request Target Area Contract Preference

Yes No N/A https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference

Commercially Useful Functions Compliance Please have the authorized person sign, date, and return this form with the bid submission

No 13 California Civil Rights Laws Certification Yes

No

Yes No 14

Provide a copy of the Certified Shorthand Reporting (CSR) certificate which includes your valid CSR number. No form attached. Please label this “Attachment 14 – Certified Shorthand Reporters Certificate”

Yes No

Yes No 15

Resumes for all key staff showing Minimum Qualifications 2 is met. No form attached, Please label this “Attachment 15 – Resume”

Yes No

Yes No 16

Please have the authorized person(s) sign, date, and return “Attachment 16 – Bidder Minimum Qualifications 3 Requirement.”

Yes No

Yes No 17

Business License / Business Operation Tax Certificate.

Proposer provides copy— No form attached.

Please label this attachment “Attachment 17: Business License” with bid submission.

Yes No

Yes No N/A

Bidder must be on file and in good standing with the California Secretary of State. Provide a printout from the Secretary of State website or a copy of a Certificate of Good Standing.

Please label this attachment “Attachment 18: California Secretary of State Good Standing” with bid submission.

Yes No N/A

Yes No 19 Payee Data Record (STD 204) Form Yes

No *Indicate N/A if not applicable.

Required Documents AFTER Contract Award. Failure to submit insurance documents will result in cancellation of contract award.

1. Insurance Certificate: Please see Exhibit D for insurance certificate requirements. These must be submitted within 10 business days after notice Contract Award.

A. Purpose and Description of Services

The State Water Resource Control Board (Water Boards) is soliciting bids from firms that are able to provide Certified court reporting, transcription, and other related services. Bidders must have the capabilities and qualifications to perform all of the services described in the IFB section entitled, “Scope of Work”.

The Water Boards intends to make a single Agreement award to the most responsive and responsible firm offering the lowest bid. This solicitation is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Time Schedule

Below is the tentative time schedule for this solicitation. The Water Boards reserves the right to amend the time schedule based on the State’s needs.

IFB Available to Prospective Bidders On October 15, 2026 Questions Must be Submitted by October 22, 2026 3:00PM

Question/Answer Summary Posted October 27, 2026 3:00PM Bids Must be Received by November 5, 2026 3:00PM Due Date to Request Bid Opening Link November 4, 2026 3:00PM Bid Opening November 6, 2026 2:00PM Anticipated Start Date of Agreement is December 01, 2026

The maximum amount of the resulting Agreement shall not to exceed $260,000

C. Agreement Term/Period of Performance

The anticipated term of the resulting Agreement is expected to be 36 (Thirty-Six) months and is anticipated to be effective from December 01, 2026 through November 30, 2029. The Agreement term may change if the Water Boards makes an award earlier than expected or if the Water Boards cannot execute the Agreement in a timely manner due to unforeseen delays.

The period of performance for this Agreement shall be as identified on the Agreement (STD 213). “Start Date” identifies when services may begin and “Through End Date” identifies when services must be completed.

The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until written approval has been obtained from all entities. Any delivery or performance of service that is commenced prior to the signing of this Agreement or after the term of this Agreement has passed shall be considered voluntary on the part of the Contractor and non-compensable. If performance commences before all approvals are obtained, said services may be considered to have been voluntary and the Contractor may pursue a claim for payment by filing with the DGS’ Government Claims Program.

October 30 November 10 November 9

November 12

Panthea Mcdonald-Ryan Cross-Out

Panthea Mcdonald-Ryan Cross-Out

Panthea Mcdonald-Ryan Cross-Out

Panthea Mcdonald-Ryan Cross-Out

D. Bidder Questions

Immediately notify the Water Board if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions or requirements.

At its discretion, the Water Board reserves the right to contact an inquirer to seek clarification of any inquiry received.

Bidders that fail to report a known or suspected problem with this IFB and/or its accompanying materials or fail to seek clarification and/or correction of this IFB and/or its accompanying materials shall submit a bid at their own risk. In addition, if awarded the Agreement, the successful Bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error.

1. What to Include in an Inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, e-mail address, area code and telephone number, and fax number.

b. A description of the subject or issue in question or discrepancy found.

c. IFB section, page number or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any.

2. How to Submit Questions

Submit questions or inquiries using the following method:

Email:

Questions IFB 26-012-210 Division of Administrative Services Panthea McDonald-Ryan

ContractBidsGeneral@waterboards.ca.gov

Note: An autoreply will be generated from this inbox. This autoreply is proof of your question submission.

3. Question Deadline

Submit written questions and inquiries no later than the Date and Time as identified in the Time Schedule table located in Section B, “Time Schedule” of this solicitation. Questions submitted after this date will not be considered.

Notwithstanding the question submission deadline, the Water Board will accept questions or inquiries about IFB errors or irregularities up to the bid due date.

E. Disabled Veteran Business Enterprise Requirement

3% DVBE participation for this solicitation is mandatory. Bidders must meet Disabled Veteran Business Enterprise (DVBE) requirement and submit Bidder Declaration forms (STD 843 and GSPD-05-105).

Military and Veteran Code (MVC) sections 999.5(d), and 999.7, Government Code (GC) 14841, and California Code of Regulations (CCR) 1896.78€, title 2 requires all Prime Contractors that committed to having a Disabled Veteran Business Enterprise (DVBE) perform an element of work for a contract to report DVBE subcontractor participation information and certify to the state that all DVBE subcontracting payments were made.

A completed final STD 817 must be submitted before the State Water Resources Control Board can release the final $10,000 from your final payment OR the final payment. Note: Form STD 817 is attached to the Contract as Exhibit D, Attachment I.

Direct all requests for DVBE assistance to:

DAS-SBDVBEAdvocate@waterboards.ca.gov

F. Scope of Work

See Exhibit A entitled, “Scope of Work” that is included in the Sample Agreement Forms and Exhibits Section of this IFB. Exhibit A contains a detailed description of the services and work to be performed as a result of this solicitation.

G. Bidder Minimum Qualification Requirements

Failure to meet the following requirements by the bid due date will be grounds for the Water Board to deem a Bidder non-responsive.In submitting a bid, each Bidder must provide proof that it possesses the following qualification requirements:

1. Bidders must provide a copy of the Certified Shorthand Reporters (CSR) certificate that includes a valid CSR number to certify that all reporters have passed the CSR Exam, Attachment 14.

2. Must have a minimum of five (5) years of experience in providing Category 1:

Certified Shorthand Reporter Hearings and Category 4: Transcription Services as detailed in the Scope of Work. Provide resume to show experience in the above, Attachment 15

3. All Reporters and Transcriptionists should follow the Code of Civil Procedure:

https://leginfo.legislature.ca.gov/faces/codedisplayexpand.xhtml?tocCode=CCP.

Have the authorized person sign, date and return Attachment 16, certifying that your firm meets this minimum qualification.

mailto:DAS-SBDVBEAdvocate@waterboards.ca.gov https://leginfo.legislature.ca.gov/faces/codedisplayexpand.xhtml?tocCode=CCP

4. Contractors must be physically located in California and legally authorized to conduct business in California and perform the services required under this Agreement.

5. Bidders must provide three (3) references of services performed within the last five (5) years that are comparable in scope and nature to the services described in the Scope of Work . The Water Board will evaluate Bidder references in accordance with criteria outlined Attachment 4, Bidder References.

H. Bid Format and Content Requirements

1. General Instructions

a. Each individual or firm may submit only one bid. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one bid, the Water Board will reject all bids submitted by that firm or individual.

b. Develop bid by following all IFB instructions and or clarifications in question/answer notices, clarification notices, or IFB addenda.

c. Before preparing a bid, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood.

d. Submit bid via email in a timely manner by request due date as identified in the Time Schedule table located in Section B, “Time Schedule.”

e. Do not wait until shortly before the bid submission deadline to submit the bid.

2. Bid Package Requirements

a. The Bid Submittal Checklist specifies the order and content required for each bid.

b. Sign applicable IFB attachments/forms. Ensure that the person signing is legally authorized to sign on behalf of the bidding entity. Digital and/or electronic signatures are acceptable. The Water Boards may request documentation to show that the person signing is legally authorized to sign on behalf of the bidding firm.

c. When completing the attachments, follow the instructions on each attachment. Do not include supplemental information in your bid package or other materials that the Water Board has not requested in this solicitation.

d. Bid package must be complete with all required attachments and documentation.

e. When possible, use plain, white background with minimal graphics. This is to keep file size as minimal as possible due to limitations on email file sizes.

f. Ensure bid package is Americans with Disabilities Act (ADA) compliant to the extent practicable.

g. Bid package must be submitted as one PDF unless multiple emails are required due to PDF size. Note, if the Cost Sheet is advertised as a separate Excel Spreadsheet, then it should be completed and submitted as an Excel Spreadsheet.

h. Reduce PDF’s to smallest size before submitting.

i. After completing and signing the applicable attachments, assemble all items in the order shown on the Bid Submittal Checklist on page 1.

j. Bidders are cautioned to not rely on the Water Board during the evaluation to discover and report to the Bidder any defects and errors in the submitted documents. Before making submittals, Bidders should carefully proof all documents for errors and adherence to the IFB requirements.

I. Electronic Submission of Bids

Bids must be received by the bid due date and time listed in the Time Schedule table in Section B, “Time Schedule” of this solicitation. Bids received after this date and time will not be considered.

The completed bid response shall be submitted electronically by email as follows:

IFB 26-012-210

Division of Administrative Services

ElectronicBidSubmission@waterboards.ca.gov

a. Only bids received to this mailbox will be considered. Bids shall not be sent to any other mailbox. In the event that a proposal is inadvertently sent to an incorrect mailbox, Proposers must take all appropriate corrective steps.

b. Zip files are acceptable and encouraged.

c. Email bid submissions should clearly identify the following in the Subject

Line: IFB No. 26-012-210- [Company Name]

d. If multiple emails are required, they should be identified in the subject line as follows: 1 of 2, 2 of 2 etc. i.e., IFB No. 26-012-210 (ABC Inc.) 1 of 2

e. Emails will not be opened by the Procurement Official until the required bid due date and time.

f. Once submitted, an autoreply from ElectronicBidSubmission@waterboards.ca.gov will be received. If you do not receive the autoreply, then your email was too large and not received by the Water Boards. This autoreply shall serve as the only proof of receipt of the bid.

Note: Emails should not exceed one hundred fifty (150) megabytes (MB). The Water Boards mail server may automatically reject excessively large emails.

Bidders may submit multiple emails if file size exceeds the recommended fifty

(50) MB. Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.)

in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved. Zip files are acceptable and encouraged for submission.

Hard copy bids will not be accepted for this solicitation. However, if you require any reasonable accommodations, please direct requests to our general inbox: ContractBidsGeneral@waterboards.ca.gov.

J. Bid Opening

All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read vis Zoom as identified in the Time Schedule table located in Section B, “Time Schedule”.

mailto:ElectronicBidSubmission@waterboards.ca.gov mailto:ElectronicBidSubmission@waterboards.ca.gov

Bidders that would like to attend the Virtual Bid Opening must send an email to:

ContractBidsGeneral@waterboards.ca.gov by the deadline identified in the Time Schedule in Section B to receive a Zoom link to the virtual bid opening.

K. Bid Requirements and Information

1. Nonresponsive Bids

In addition to any condition previously indicated in this IFB, the following occurrences may cause the Water Board to deem a bid nonresponsive.

a. Failure of a Bidder to:

1) Meet DVBE participation goals, when required.

2) Meet bid format/content or submission requirements including the timely and proper delivery of proposal packages.

3) Submit all required documentation listed on the Bid Submittal Checklist.

b. If a Bidder submits:

1) A bid that is conditional, materially incomplete or contains material alterations or irregularities of any kind.

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) are not negotiable.

2) Price information that contradicts the price/cost figures on the Bid Form or submits cost information in a format contrary to the IFB instructions.

3) False, inaccurate or misleading information or falsely certifies compliance on any bid attachment.

4) A bid containing web links. Web links will not be accepted in place of requested documents. All requested documents must be submitted.

c. If the Water Board discovers, at any stage of the bid process or upon

Agreement award, that a Bidder is unwilling or unable to comply with the Agreement terms, conditions and exhibits cited in this IFB and/or the resulting Agreement.

d. If a Prospective Bidder has Delinquent Tax Obligations (Public Contract Code (PCC) section 10295.4)

During the bid process, if a Prospective Bidder appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code, the Prospective Bidder’s submittal will be deemed nonresponsive and will not be considered.

e. If other irregularities occur in a bid response that are not specifically addressed herein (i.e., the Bidder places any conditions on performance of the scope of work, submits a counteroffer/proposal, etc.).

2. Withdrawal and/or Resubmission of Bids

All bid packages are to be complete when submitted. However, an entire bid package may be withdrawn, and the Bidder may resubmit a new bid package prior to the Bid Submission deadline identified in the Time Schedule in Section B.

a. Submitting a Withdrawal Request

1) Submit a written withdrawal request, signed by an authorized representative of the Bidder.

2) Label and submit the withdrawal request using the following method:

Withdrawal IFB 26-012-210 Panthea McDonald-Ryan

3) An original or copy of signed withdrawal request is required before the

Water Board will return/release a bid package to a Bidder. The Water Board may grant an exception if the Bidder informs the Water Board that the Bidder will submit a new or replacement bid package immediately following the withdrawal.

b. Bid Mistakes

If prior to bid opening a Bidder discovers a mistake in a bid that renders the Bidder unable or unwilling to perform all scope of work services for the price/costs offered, the Bidder must immediately notify the Water Board and submit a written request to withdraw its bid following the procedures set forth above.

c. Resubmitting a Bid Package

After withdrawing a bid package, Bidders may resubmit a new bid package according to the submission instructions. Replacement bid packages must be received at the following email:

ElectronicBidSubmissions@waterboards.ca.gov by the due date and time specified in the Time Schedule in Section B.

3. Evaluation and Selection

This section describes, in general, the process that the Water Board will use to evaluate timely bid packages.

a. Bid Opening/Reading

All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read.

b. Bid Package Review

1) Shortly after the bid opening and reading, one or more evaluators will convene to review each timely bid package to confirm its responsiveness to the IFB requirements. This is a pass/fail evaluation.

2) If deemed necessary by the Water Board, additional Bidder documentation may be collected to confirm the claims made by each Bidder and to ensure that each Bidder is responsive to all bid requirements.

3) If the materials submitted by a Bidder do not prove, support or substantiate the claims made on the Required Bid Submittal Checklist, the bid will be deemed nonresponsive and rejected from further consideration.

4) If applicable, the Water Board will adjust bid amounts for any claimed preference or incentive following confirmation of eligibility with the Department of General Services.

5) A “Notice of Intent to Award” will be sent out upon request or when the bid is not awarded to the lowest bidder.

6) The Water Board will e-mail a written “Notice of Award” to all firms that submitted a bid.

4. Agreement Award and Protests

a. Agreement Award

1) Award of the Agreement, if awarded, will be to the responsive and responsible Bidder that offers the lowest cost. The lowest cost will be mailto:ElectronicBidSubmissions@waterboards.ca.gov determined after the Water Board adjusts Bidder costs for applicable preferences and incentives.

2) If the Agreement is not being awarded to the bidder offering the lowest cost, the Water Board will notify the low bidder at least five (5) working days prior to award that the Agreement is not being awarded to them.

3) The Water Board will confirm the Agreement award to the winning Bidder in writing via e-mail.

4) Upon written request from any bidder, or if award does not go to the lowest bidder, the Water Board will post a notice of the proposed Agreement award on https://www.waterboards.ca.gov/contracts/

5) Steps to view Intent to Award:

• Click on link: https://www.waterboards.ca.gov/contracts/

• Click on Contract Number for IFB Number 26-012-210 to view Intent to

Award

6) The Intent to Award will be available to the public for five (5) days prior to confirming the Agreement award to the winning proposer if no protests are filed or following the Department of General Service’s resolution of all protests. The Water Board may confirm an award verbally, via e-mail, or in writing.

b. Settlement of Tie Bids

1) In the event of a precise tie between the lowest responsive bid submitted by a certified small business or microbusiness and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the Agreement will be awarded to the DVBE Bidder per Government Code Section 14838(f) et seq.

2) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted small business subcontractor preference and the lowest responsive bid submitted by a certified small business or microbusiness, the Agreement will be awarded to the certified small business or microbusiness.

3) In the event of a precise tie between the lowest responsive bid submitted by a nonprofit veteran service agency (NVSA) that is a certified small business and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the Agreement will be awarded to the certified DVBE.

4) In the absence of a California law or regulation governing a specific tie, the Water Board will settle all other tie bids in a manner the Water Board determines to be fair and equitable (e.g., coin toss, lot drawing, etc.). In no https://www.waterboards.ca.gov/contracts/ https://www.waterboards.ca.gov/contracts/ event will the Water Board settle a tie by dividing the work among the tied Bidders.

c. Protests

1) Who can Protest

Any Bidder who submits a bid may file a protest if the Bidder believes its bid package is responsive to all IFB requirements and its bid is the lowest dollar bid.

2) Grounds for Protests

Protests are limited to the grounds described in PCC Section 10345. The Water Board will not make an award until all protests are withdrawn by the protestant, denied, or resolved to the satisfaction of the Department of General Services (DGS).

3) Protest Timelines

a) Within five (5) calendar days after filing a “Notice of Intent to Protest,” the protestant must file with both the Water Board and the Department of General Services a full and complete written protest statement identifying the specific grounds for the protest. The statement must contain, in detail, the reasons, law, rule, regulation, or practice that the protestant believes the Water Boards have improperly applied in awarding the Agreement.

4) Submitting a Protest

A protest may be submitted to the appropriate agencies identified below.

Label, address, and submit an initial protest notice and/or a detailed protest statement using one method below.

State Water Resource Control Board (Water Board):

Protest to Water Board’s

IFB 26-012-210

State Water Resources Control Board, Panthea McDonald-Ryan, Contracts Unit

Email Address:

ContractBidsGeneral@waterboards.ca.gov

Department of General Services (DGS) Hand Delivery, Mail, Overnight Express Email:

State Water Resource Control Board (Water Board):

IFB 26-012-210

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95798-9052

IFB 26-012-210

Department of General Services Office of Legal Services

Email Address:

OLSProtests@dgs.ca.gov

5. Disposition of Bids

a. All materials submitted in response to this IFB will become the property of the

Water Board and, as such, are subject to the Public Records Act (GC Section 7920.00, et seq.). The Water Board will disregard any language purporting to render all or portions of any bid package confidential.

b. Upon making an award, all documents submitted in response to this IFB and all documents used in the selection process (e.g., review check lists, letters of intent, etc.) will be regarded as public records under the California Public Records Act (G C Section 7920 et seq.) and shall be subject to review by the public.

6. Obtaining Copies of Bids

a. Any person or member of the public can inspect or obtain copies of bid materials.

b. Once bids are opened, all bids, Bidders list, conference sign-in/attendance sheet, check lists and/or evaluation sheets become public records.

c. Persons wishing to obtain copies of bid materials may email a written request to the Water Board office identified below. Submit request to:

Request for Copies - IFB 26-012-210

7. Verification of Bidder Information

By submitting a bid, Bidders agree to authorize the Water Board to:

a. Verify any and all claims made by the Bidder including, but not limited to verification of prior experience and the possession of other qualification mailto:OLSProtests@dgs.ca.gov

8. Water Board Rights

In addition to the rights discussed elsewhere in this IFB, the Water Boards reserves the rights listed below:

a. IFB Corrections

1) The Water Board reserves the right to do any of the following up to the bid submission deadline:

a) Modify any date or deadline appearing in this IFB or the IFB Time

Schedule.

b) Issue clarification notices, addenda, alternate IFB instructions, forms, etc.

c) Waive any IFB requirement or instruction for all Bidders if the Water

Board deems the requirement or instruction unnecessary, erroneous or unreasonable. If deemed necessary by the Water Board, the Water Board may also waive any IFB requirement or instruction after the bid submission deadline.

d) Allow Bidders to submit questions about any IFB change, correction or addenda. If the Water Board allows such questions, specific instructions will appear in the cover letter accompanying the document.

2) If deemed necessary by the Water Board to remedy an IFB error or defect that is not detected in a timely manner, the Water Board may also issue correction notices or waive any unnecessary, erroneous, or unreasonable IFB requirement or instruction after the bid submission deadline.

3) If applicable, the Water Board will post on California’s Online Marketplace at https://caleprocure.ca.gov/pages/index.aspx clarification notices or addenda. Be sure to check this website often.

4) The Water Board at its sole discretion, reserves the right to collect, by mail, e-mail or other method, the following omitted and/or additional information:

a) Signed copies of any form submitted without a signature.

b) Data or documentation omitted from any submitted IFB attachment/form.

c) Information/material needed to clarify or confirm certifications or claims made by a Bidder.

d) Information/material or form needed to correct or remedy an immaterial defect in a bid package.

b. Immaterial Bid Defects https://caleprocure.ca.gov/pages/index.aspx

1) The Water Board may waive any immaterial defect in any bid package and allow the Bidder to remedy those defects. The Water Board reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect.

2) The Water Board’s waiver of an immaterial defect in a bid package shall in no way modify this IFB or excuse a Bidder from full compliance with all bid

c. Correction of Clerical or Mathematical Errors

1) The Water Board reserves the right, at its sole discretion, to overlook, correct or require a Bidder to remedy any obvious clerical or mathematical errors on a bid form.

2) If the correction of an error results in an increase or decrease in the total price, the Water Board shall give the Bidder the option to accept the corrected price or withdraw their bid.

3) Bidders may be required to initial corrections to costs and figures on the

Bid Form if the correction results in an alteration of the cost(s) offered.

4) If a mathematical error occurs in a total or extended price and a unit price is present, the Water Board will use the unit price to settle the discrepancy.

d. Right to Remedy Errors

The Water Boards reserves the right to remedy errors caused by:

1) The Water Board’s office equipment malfunctions or negligence by agency staff.

2) Natural disasters (i.e., floods, fires, earthquakes, etc.).

e. No Agreement Award or IFB Cancellation

The issuance of this IFB does not constitute a commitment by the Water Board to award an Agreement. The Water Board reserves the right to reject all bids and to cancel this IFB if it is in the best interest of the Water Board to do so.

L. Preference Programs

To confirm the identity of the lowest responsive Bidder, the Water Board will adjust the total bid cost for applicable claimed preference(s). The Water Board will apply preference adjustments to eligible Bidders according to State regulations following verification of eligibility with the appropriate office of the Department of General Services (DGS).

1. Small/Micro Business Preference

a. A responsive California small/micro business or Bidder, certified in a relevant business category or type, will be granted a preference of five percent (5%) of the lowest responsive bid, if that bid is submitted by a non-small/micro business. Non-small business means a responsive/responsible Bidder that is not certified by the California Department of General Services as a small business or microbusiness. The “service” category is the business type that will most likely apply to this solicitation. Nonprofit Veteran Service Agencies (NVSA) are to view the instructions in provision 3 of this section (Preference Programs).

b. In granting small/micro business preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

c. To be eligible for a bidding preference, the California certified small business must perform a “commercially useful function” under the Agreement.

d. To be certified as a California small/micro business, the business concern must meet the State’s eligibility requirements and must have submitted an application for small/micro business status prior to the bid submission deadline.

e. Firms desiring small/micro business certification must obtain the Small

Business Certification Application (i.e., STD 812 or other form) from the appropriate office of the Department of General Services, fully complete the application, and submit it to the Department of General Services as instructed in the application. Prospective bidding firms desiring small business certification assistance, may contact DGS by the following means:

1) (916) 322-5060 (24 hour recording and mail requests),

2) (916) 375-4940 (Small business assistance) or (800) 559-5529 (live operator-Central receptionist), or

3) Internet address: http://www.pd.dgs.ca.gov/smbus/default.htm or

4) Fax: (916) 375-4950, or

5) Email: osdshelp@dgs.ca.gov

2. Non-Small Business Subcontractor Preference

a. Non-small business means a Bidder that is not certified by DGS as a small business or microbusiness.

b. If the tentative low Bidder is not a certified DVBE or small/micro business, a bid preference of five percent (5%) is available to a responsive non-small business claiming twenty-five percent (25%) small business subcontractor participation with one or more small businesses. This preference is http://www.pd.dgs.ca.gov/smbus/default.htm mailto:osdshelp@dgs.ca.gov authorized pursuant to California Code of Regulations, title 2, section 1896.2 and Government Code section 14835.

c. If a Bidder claims the non-small business subcontractor preference, the bid response must identify each proposed small business subcontractor, the participation percentage amount committed to each identified subcontractor, and substantial proof to enable verification of each subcontractor’s small business status. The total small business subcontractor participation must equal no less than twenty-five percent (25%) of the total bid price or cost offered.

d. To be granted preference, each proposed small business subcontractor must possess an active small business or micro business certification issued by the California Department of General Services, must perform a “commercially useful function” under the Agreement and the basic functions to be performed must be identified at the time of bidding.

e. In granting the non-small business subcontractor preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

f. Complete the Non-Small Business Subcontractor Preference Request and

Small Business Subcontractor Supplier Acknowledgement to request the non-small business subcontractor preference.

g. Any firm that is granted the Non-Small Business Subcontractor preference cannot displace an award to a certified small business.

3. Nonprofit Veteran Service Agency (NVSA) Small Business Preference

a. Pursuant to Military and Veteran Code Section 999.50 et seq., responsive/responsible nonprofit veteran service agencies (NVSAs) claiming small business/microbusiness preference and verified as such in the relevant category or business type prior to the bid submission due date will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a Bidder not certified as a small business/microbusiness. The “service” category is the business type that will most likely apply to this solicitation.

b. In granting small business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

c. To be eligible for the NVSA small business preference, the business concern must:

1) Request preference at the time of bid submission, and

2) Become certified as a small business or micro business by the appropriate office of the DGS prior to the bid submission due date.

4. Target Area Contract Preference Act (TACPA) preference

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.

b. 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 (ca.gov)

c. Government Code (GC) section 4530-4535.3 provides that California based companies shall be granted a 5% preference, not to exceed a maximum of $50,000, whenever a state agency prepares a solicitation for services in excess of $100,000. The preference shall apply if the worksite is not fixed by the government agency and the company can demonstrate and certify, under the penalty of perjury, that at least 90 percent of the total labor hours required to perform the services Agreement shall be performed at an identified worksite located in a distressed area (TACPA). TACPA preference will only be applied if this solicitation results in more than one responsive bid.

d. Additional work force preferences ranging from 1% to 4% can be earned by eligible Bidders that agree to hire 5% to 20% of persons with a high risk of unemployment or those living in a targeted employment area eligible to perform a specified percentage of the Agreement work.

e. The granting of TACPA preference cannot displace an award to a certified small business.

f. Proposers seeking to obtain a TACPA preference must submit the following completed documents with their bid:

1) A completed STD 830 -Target Area Contract Preference Act Request

(Attachment 11) with the proposal. The preference request form must include the following:

• All appropriate certifications;

• The bidding firm’s name and the name of all suppliers and subcontractors that will work with the Bidder to fulfill the terms of the Agreement along with the addresses of each of the worksite(s) and estimated labor hours;

• County census tract number and block group number;

• Bidder’s original signature; and https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference

• The Bidder must indicate if seeking the additional 1 to 4 percent preference available for hiring persons with a high risk of unemployment, by checking the appropriate box on the preference request form.

2) A completed Form DGS PD 526— Bidder’s Summary (Contract Activities and Labor Hours)

g. TACPA preference cannot be claimed or granted if:

1) The lowest responsive bid does not equal or exceed $100,000 for the entire term, or

2) The work site or any part thereof is fixed or preset by the State, or

3) The services involve construction or a public works project.

h. A Bidder who has claimed a TACPA preference and is awarded the Agreement will be obligated to perform in accordance with the preference requested, provided the preference was granted in obtaining the Agreement.

Firms receiving preference must:

1) Report their labor hours to the State and

2) Reference the State Agreement on which the award is based for the specific reporting requirements.

i. Bidders wishing to learn more about TACPA requirements, designated work site(s) in California should contact the appropriate office of DGS at (916) 375- 4940. DGS will attempt to determine TACPA eligibility within two working days.

j. Any firm that is granted the TACPA preference cannot displace an award to a certified small business.

5. Combined Preferences

a. The combined cost of preferences granted shall not exceed one hundred thousand dollars ($100,000). In bids in which the state has reserved the right to make multiple awards, this fifty-thousand-dollar ($50,000) maximum preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of small businesses, including microbusinesses, in the contract award.

6. Disabled Veteran Business Enterprise (DVBE) Participation

3% DVBE participation for this solicitation is mandatory. In accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to Bidders who provide DVBE participation above the mandatory three percent (3%). For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPS-05-105 and confirmed by the State. The incentive amount for awards based on low price is as follows:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

Confirmed DVBE Participation of:

DVBE Incentive:

5% and over 5% 4% to 4.99 inclusive 4% 3.1% to 3.99 inclusive 3%

To confirm the identity of the lowest responsive Bidder, 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 No. 1 ranked responsive, responsible bid is a California certified small business, the only Bidders eligible for an incentive will be California certified small businesses.

7. Small Business and Disabled Veteran Business Enterprise Advocate

For all SB and DVBE related assistance and/or questions including Prompt Payment Act issues for SBs, please contact the Water Boards’ SB/DVBE Advocate at DAS-SBDVBEAdvocate@waterboards.ca.gov.

M. Americans with Disability Act (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the State to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you may contact the State Water Board Contract Analyst listed elsewhere in this solicitation.

Note: To ensure that the Water Boards can meet your need, it is best that the State Water Board Contract Analyst receives your request for reasonable modification at least 10 working days before the scheduled event or the due date for procurement documents.

Procurement Division TTY:

Sacramento Office: (916) 376-1891 California Relay Service:

Voice: 1-800-735-2922 or 1-888-877-5379 TTY: 1-800-735-2929 or 1-888-877-5378

Speech to Speech: 1-800-854-7784

N. Request for Language Services

With respect to this IFB, the Water Boards shall provide interpretation and translation services in any language at no cost to you.

To request these services, please use the following link: Public Request for Language Services | California State Water Resources Control Board

O. Agreement Terms and Conditions

The winning Bidder must enter an Agreement that may contain the Bidder’s bid form or budget, a Scope of Work, standard Agreement provisions, and one or more of the Agreement forms and/or exhibits identified in Section T. Sample Agreement Forms / Exhibits.

The exhibits identified in this IFB contain Agreement terms that require strict adherence to various laws and contracting policies. A Bidder’s unwillingness or inability to agree to the terms and conditions shown below or contained in any exhibit identified in this IFB may cause the Water Board to deem a Bidder non-responsible and ineligible for an award.

The Water Boards will not accept alterations to the General Terms and Conditions (GTC), Special Terms and Conditions, the Scope of Work or alternate Agreement/exhibit language submitted by a prospective Contractor. The Water Boards will consider a bid containing such provisions “a counter proposal” and may reject such a bid.

The Contractor shall begin work when the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the Water Boards, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the Water Boards for the difference between Contractor's bid price and the actual cost of performing work by another Contractor.

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

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

1. Resolution of Differences Between IFB and Agreement Language

If an inconsistency or conflict arises between the terms and conditions appearing in the final Agreement and the proposed terms and conditions appearing in this IFB, any inconsistency or conflict will be resolved by giving precedence to the Agreement.

2. California Civil Rights Laws Certification https://www.waterboards.ca.gov/about_us/public_participation/language-access.html https://www.waterboards.ca.gov/about_us/public_participation/language-access.html

Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

a. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

b. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a…