7CA07044_IFB_-_PDF.pdf

STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN

PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT “FLEX YOUR POWER” AT WWW.CA.GOV

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

Invitation for Bid Notice to Prospective Bidders

# 7CA07044 Type I Fire Engine Rental Services May 14, 2025

You are invited to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with these instructions. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

On March 04, 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 proposal, 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 Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

A Disabled Veteran Business Enterprise (DVBE) goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this IFB. See Section D, Special Programs, Item 1, in this IFB for requirements.

As required by EO S-02-06, the California Department of Forestry and Fire Protection (CAL FIRE) is committed to meeting the State’s 25% Small Business (SB) participation goal. Certified SBs and Micro Businesses (MBs), and contractors willing to commit to subcontracting a minimum of 25% of their net bid price to certified SBs or MBs (if applicable), are encouraged to submit bids. See Section D, Special Programs, Item 2, in this IFB for requirements.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses that may be viewed and downloaded at Standard Contract Language (ca.gov).

In the opinion of CAL FIRE, this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Gilbert Delpasen California Department of Forestry and Fire Protection

(916) 894-9833 gilbert.delpasen@fire.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.

Technical questions regarding this solicitation will be addressed, in writing, and in accordance with the Questions and Answers portion of this IFB. See Section C, Item 1., Key Action Dates for more details.

Gilbert Delpasen Contract Analyst http://www.fire.ca.gov/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:gilbert.delpasen@fire.ca.gov

Invitation for Bid Number 7CA07044 Type I Fire Engine Rental Services

CAL FIRE

Table of Contents

A) Purpose and Description of Services 4 B) Bidder Minimum Qualifications 4 C) Bid Requirements and Information 4

1. Key Action Dates 4

2. Written Question and Answer Period 4

3. Costs Included in Bid Rates 5

4. Postconsumer Content Certification 5

5. Mandatory Organic Waste Recycling 5

6. Motor Carrier Permit Requirements 5

7. Subcontractors 5

8. Insurance 5

9. California Civil Rights Law 6

10. Darfur Contracting Act 6

11. Iran Contracting Act 6

12. Generative Artificial Intelligence (GenAI) 7

13. Submission of Bid 7

14. Bid Opening 8

15. Evaluation and Selection 8

16. Award and Protest 8

17. Disposition of Bids 9

18. Standard Conditions of Service 9

D) Special Programs 9

1. Disabled Veteran Business Enterprise (DVBE) Program Requirement 9

2. Small Business (SB) or Microbusiness (MB) Preference 10

3. Commercially Useful Function 11

4. CAL FIRE Advocates 11

E) Required Attachments 11

1. Required Attachment Checklist 12

2. Bid/Bidder Certification Sheet 14

3. Rate Sheet 16

4. Disabled Veteran Business Enterprise Declarations (STD 843) 17

5. Bidder Declaration Form (GSPD-05-105) 18

6. Darfur Contracting Act (CAL FIRE-720) 19

7. Payee Data Record (STD 204) 21

8. Contractor Certification Clauses (CCC 04/2017) 22

9. California Civil Rights Laws Attachment 23

10. Iran Contracting Act Certification (DGS PD 3) 24

11. Quotes From SB/DVBE Subcontractors 26

F) Sample Standard Agreement 27 STD213 Sample Standard Agreement 27

A) Purpose and Description of Services Contractor agrees to provide to CAL FIRE Type I Fire Engine Rental Services, as described herein:

Contractor shall provide all materials, labor, equipment, tools, permits, taxes, transportation, and fees to rent up to seven (7) Type I Fire Engines on a month-to-month basis.

B) Bidder Minimum Qualifications

1. The Prime Bidder must be either an individual or firm currently licensed to do business in California and provide proof of such as required in Required Attachment Checklist, Attachment 1.

2. The Prime Bidder must have a business license or incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California and provide proof of such, as required in Required Attachment Checklist, Attachment 1.

3. The Prime Bidder shall have at least two (2) years in business as a Fire Engine Dealer, with experience in sales and service and provide proof of such (i.e., copy of business license or state incorporation papers showing minimum two (2) years in business), as required in Required Attachment Checklist, Attachment 1, OR

The Prime Bidder shall have at least two (2) years of experience with sales or leasing Fire Engines to Fire Departments and provide proof of such (i.e., copy of business license or state incorporation papers showing minimum two (2) years in business), as required in Required Attachment Checklist, Attachment 1.

4. The Prime Bidder shall provide a bid for seven (7) Type 1 pumper fire engines in which the minimum specifications (or greater) are met, along with current, full-color photographs of the engines. Photographs shall include all areas of the interior, all areas of the exterior, fire pump, and the fire pump data plate. Proposed rates, specifications, and all photographs shall be in an organized order in succession with each fire engine being bid, as required in Required Attachment Checklist, Attachment 1.

5. Contractor or any Subcontractor(s) shall have a valid Motor Carrier Permit (MCP) issued by the Department of Motor Vehicles and provide proof of such. If Contractor does not have a valid MCP, then the Contractor must have a Subcontractor with a valid MCP to transport the Fire Engines.

6. Failure of Bidder to sufficiently provide any or all of the minimum qualifications, in the opinion of CAL FIRE, will result in the Bidder’s bid deemed non-responsive.

C) Bid Requirements and Information

1. Key Action Dates

It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Event Date Time

(Pacific Time)

IFB available to prospective bidders May 14, 2025 Written Question Submittal May 22, 2025 5:00 P.M.

Final Date and Time for Bid Submission May 29, 2025 5:00 P.M.

Bid Opening May 30, 2025 2:15 P.M.

2. Written Question and Answer Period A. Potential Bidders may submit written questions regarding the bid by 5:00 p.m. on May 22, 2025. All questions should be emailed to gilbert.delpasen@fire.ca.gov. NO QUESTIONS will be accepted after 5:00 p.m. on May 22, 2025.

B. Written questions must include: the individual's name, firm name, complete address, and must reference IFB

#7CA07044.

C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the Bidder to access the website for any changes or addenda that may be posted. Refer to this IFB, Section C), 1. Key https://caleprocure.com/pages/index.aspx

Action Dates, for the schedule of events and dates/times. It is the responsibility of the bidder to check Cal eProcure for all addenda. Bidder can contact the Contract Analyst named above.

3. Costs Included in Bid Rates Bid prices/rates shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments, including but not limited to, sales and use taxes required by law or otherwise and no additional allowance will be paid unless separate payment provisions in the Agreement should specifically provide otherwise.

4. Postconsumer Content Certification Your signature affixed hereon and dated on the Bid/Bidder Certification Sheet, Attachment 2 shall signify that you are aware of the recycle materials, goods, and supplies program requirements of Public Contract Code (PCC) §12200 and 12205, and that the Recycled-Content Certification will be required for the successful contractor. The awarded bidder will be required to complete a Postconsumer-Content Certification (CalRecycle 74) and provide the form with the signed Agreement. An incomplete form or failure to provide a completed form will result in cancellation of the Agreement. The Postconsumer-Content Certification can be downloaded at Buy Recycled - CalRecycle (ca.gov).

5. Mandatory Organic Waste Recycling The Contractor generating organic waste or commercial solid waste shall arrange for the recycling services required by this section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction's franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit or abrogate the Contractors right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code (PRC) §42649.8 et seq.

6. Motor Carrier Permit Requirements A. Contractor or Subcontractor(s) (whom ever is doing the transportation of the equipment) must have a valid

Motor Carrier Permit(s) (MCP) issued from the California Department of Motor Vehicles (DMV) for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain and maintain in good standing the required MCP(s).

B. The MCP(s) required for the Contractor's Motor Carriers of Property under California Vehicle Code (VEH) §34601 and 34620 shall be on file with the Contractor for the duration of this Agreement. Upon request of CAL FIRE, the Contractor must immediately provide to CAL FIRE a copy of the required MCP(s).

7. Subcontractors Bidder may subcontract portions of the work as defined in the attached Sample Standard Agreement. If subcontractors are used, complete the Bidder Declaration (GSPD–05-105), Attachment 5. Bidder must ensure that the subcontractor(s) will have all necessary licenses, permits, and/or certifications to accomplish its portion of the work. Failure of a subcontractor(s) to have the proper licenses, permits, and/or certifications, shall be cause for rejection of bid. The Bidder Declaration can also be downloaded at which can be downloaded at Bidder Declaration form (ca.gov).

8. Insurance A. The bidder, who receives the Agreement award, must provide a Certificate of Insurance providing proof of insurance to the Business Service Office (BSO) within ten (10) working days from the date of notification of award. The State’s Office of Risk and Insurance Management will review insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to the Sample Standard Agreement Exhibit E, Section 1. for the applicable and specific Insurance requirements and coverage limits.

B. The insurance carrier shall provide an endorsement for the additional insured statement as follows:

CAL FIRE, State of California, its officers, agents, and employees shall be included as additional insured, but only with respect to work performed for the State of California under this Agreement.

C. The additional insured endorsement must accompany the certificate of insurance.

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

D. Available Coverages/Limits In the event the insurance coverages obtained by the Contractor is broader in scope than, and/or the limits are higher than, those required under the contract, all such broader coverage and/or higher limits available to the Contractor shall also be available and applicable to the State.

E. In the case of Contractor and/or Permittee’s utilization of subcontractors to complete the contracted scope of work, contractor and/or Permittee shall include all subcontractors as insured under Contractor and/or Permittee’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor and/or Permittee.

9. California Civil Rights Laws Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000.00) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, that they satisfy all of the conditions set forth in California Public Contract Code §2010 and they shall execute the California Civil Rights Laws Certification, as Attachment 9, completed, signed, and returned with its bid or proposal.

10. Darfur Contracting Act A. The Darfur Contracting Act, PCC §10475-10481, applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC §10475. All bidders shall complete the Darfur Contracting Act Certification, CAL FIRE-720, Attachment 6, and submit with the proposal.

B. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, complete Option 1 on the CAL FIRE-720.

C. A scrutinized company is a company doing business in Sudan as defined in PCC §10476. Scrutinized companies are ineligible to, and cannot bid on, or submit a bid or proposal for an Agreement with a State agency for goods or services. (PCC §10477(a)).

D. Therefore, PCC §10478(a) requires a company that currently has (or within the previous three (3) years) has had business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a state agency.

E. A scrutinized company may still; however, submit a bid or proposal for an Agreement with a State agency for goods or services if the company first obtains permission from the Department of General Services according to the criteria set forth in PCC §10477(b).

11. Iran Contracting Act A. Pursuant to the Iran Contracting Act of 2010 (PCC §2200 et seq., hereinafter “the Act”), persons identified on the list established under PCC §2202.5 (hereinafter “List”) are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the State for goods or services of one million dollars ($1,000,000.00) or more.

B. Any person who submits a bid or proposal must complete and submit to CAL FIRE with its bid proposal, the Iran Contracting Act Certification (DGS PD 3), Attachment 10, certifying that it is not on the most current List unless the person is exempted from the certification requirement by Public Contract Code Section 2203(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) with its bid or proposal. The Iran Contracting Act Certification can also be downloaded at Iran Contracting Act Verification Form (ca,gov).

C. Any person, for a contract that is exempt from bidding or is renewed, or for whom a contract is otherwise awarded by the State, must complete and submit to CAL FIRE the DGS PD 3, certifying that it is not on the most current List, before the contract has been executed by the parties, unless the person is exempted from the certification requirement by PCC §2205(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under PCC §2203(c) or (d), before execution of the contract.

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf

12. Generative Artificial Intelligence (GenAI) A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

13. Submission of Bid A. All bids must be submitted and received under sealed cover and sent to CAL FIRE by dates and times shown in Section C, Bid Requirements and Information, Item 1) Key Action Dates.

B. Bids can be submitted Electronically

1) Electronic bid submittals shall be sent to Bids@fire.ca.gov.

2) All bid documents will be in an attachment (as a PDF). If any bid information is in the body of the email, it shall be rejected.

3) Subject line must include: 7CA07044 Type I Fire Engine Rental Services May 29, 2025, 5:00 p.m.

[Contractor Business Name].

4) The bid submission email inbox is ONLY for bid submissions, contact the contract analyst directly with contract questions.

C. Late bids will not be considered.

D. All bids shall include the documents identified in Required Attachment Checklist, Attachment 1. Bids with incomplete documents or 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.

E. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

F. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

G. 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 immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

H. Costs 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.

I. An individual who is authorized to bind the bidder contractually shall sign Bid/Bidder Certification Sheet, Attachment 2. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

mailto:Bids@fire.ca.gov?subject=7CA06729%20Type%20I%20Fire%20Engine%20Rental%20Services%20May%2024,%202024,%204:00%20p.m.%20%5BContractor%20Business%20Name%5D

J. 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.

K. A bidder may withdraw its bid by submitting a written withdrawal request to the State, 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.

L. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

M. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

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

O. 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.

P. 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. The GTC may be viewed at: Standard Contract Language (ca.gov).

Q. No oral understanding or agreement shall be binding on either party.

R. Bidder must complete and submit to the awarding agency Payee Data Record, STD 204, Attachment 7, to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code (RTC) §18662 and 26131. This form can be found on the Internet at: STD 204 - Payee Data Record (ca.gov). No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

S. Bidder must sign and submit to the awarding agency, Contractor Certification Clauses (CCC), Attachment 8, which can be found at: CCC (04/2017) form (ca.gov).

14. Bid Opening A. Bid openings will be held virtually only.

B. Public Bid Opening dial in information:

1) Dial in: +1 650-564-3271,,602804964#

2) Phone Conference ID: 602 804 964#

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

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

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

D. The Agreement, if awarded, shall be awarded to up to three lowest responsible bidders.

E. In the event of a tie bids, the award will be determined by a coin toss. The coin toss will be held in the State Agency’s headquarters area office. This is a public event, which the bidders will be invited to attend. The selection of the Contractor will be at the sole discretion of the State.

16. Award and Protest A. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the notification must be by “electronic facsimile transmission, overnight courier, Internet transmission, or personal delivery” (PCC §10345(a)).

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE tel:+16505643271,,602804964

B. On written request from any bidder, the awarding agency must post a notice of the proposed contract award in a place accessible by the general public, including any Internet site identified in the IFB at least five (5) working days prior to awarding the contract (PCC §10345(a)(1)).

C. If any bidder, prior to the award of agreement, files a protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and CAL FIRE, on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter.

D. Within five (5) days after filing the initial protest, the protesting bidder shall file with DGS and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

California Department of Forestry & Fire Protection Office of Business Services, Contracts Unit Attention: Gilbert Delpasen 710 Riverpoint Court West Sacramento, CA 95605 Phone Number: (916) 894-9833 Email: gilbert.delpasen@fire.ca.gov

California Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Phone Number: (916) 376-5080 Email: OLSProtests@dgs.ca.gov

17. Disposition of Bids A. Upon bid opening, all documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code (GOV) §6250 et seq.) and subject to review by the public.

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

18. Standard Conditions of Service A. After award of the Agreement and execution of the Agreement, should the Contractor fail to supply equipment requested within five (5) working days after notification of the starting date, or suspend work for a period of five (5) continuous working days after notification that equipment is to be supplied, CAL FIRE may provide five (5) calendar days written notice, mailed to the Contractor, to timely provide the equipment or the Agreement may be terminated. In addition, that Contractor shall be liable to CAL FIRE for the difference between the Contractor’s bid price and the actual cost of performing the work by the second low bidder or by another Contractor.

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

C. If the bidder is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the bidder will be liable to CAL FIRE for actual damages resulting to CAL FIRE therefrom or ten percent (10%) of the amount bid, whichever is less.

D. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a "loss leader" as defined in California Business and Professions Code (BPC) §17030. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or b) where the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors.

E. No oral understanding or agreement shall be binding on either party.

D) Special Programs

1. Disabled Veteran Business Enterprise (DVBE) Program Requirement

A. DVBE Participation Program with No Goals:

mailto:gilbert.delpasen@fire.ca.gov mailto:OLSProtests@dgs.ca.gov

A DVBE goal is not required, but DVBE participation is encouraged, and a DVBE incentive will apply to this IFB as described below.

B. DVBE Incentive Program

1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in Military and Veterans Code Sections 999 et seq., and Title 2, California of Regulations, Sections 1896.99 et seq., to encourage bidders to partner with DVBE subcontractors. A dollar cap of $100,000.00 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid.

Any responsive and responsible bidder with the confirmed DVBE participation per the Tables in paragraph 3) below is eligible to receive the incentive. Bidders who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

2) CAL FIRE will apply an incentive to bids proposing the utilization of DGS certified DVBE firms identified on the Bidder Declaration (GSPD-05-105). Information provided on the GSPD-05-105 shall be verified by CAL FIRE prior to the award of the Agreement. Contractor shall also submit Quotes from SB/DVBE Subcontractor, Attachment 12, The incentive amount is equal to a percentage of the lowest responsive and responsible bid based on the amount of DVBE participation in the bid being evaluated per the Table below.

3) Table for IFB (Low Price Method):

Verified DVBE Participation DVBE Incentive Amount 5% or more 5% 4%-4.99% 4% 3%-3.99% 3% 2%-2.99% 2%

0.1%-1.99% 1%

4) When applying the DVBE Incentive, an NSB shall not displace or otherwise supersede an award to a DGS-Certified Small Business.

5) Additional information: DGS Contracting Commitment with Small Businesses, DVBEs (ca.gov).

2. Small Business (SB) or Microbusiness (MB) Preference A. Government Code §14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a certified SB or MB. References to a SB shall also include MB. The rules and regulations of this law, including the definition of a SB for the delivery of services, are contained in 2 CCR §1896, et seq.

B. To claim the SB preference, your firm must have its principal place of business located in California and be certified by the DGS, Office of Small Business and DVBE Services (OSDS). The preference amount may not exceed fifty thousand dollars ($50,000.00) for any bid. If prospective Contractor is claiming the five percent (5%) SB preference, complete Section 16 of the Bid/Bidder Certification Sheet Attachment 2.

C. Pursuant to Government Code Section 14838 and 2 CCR Section 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least 25% of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) NSB preference, complete Section 17 of the Bid/Bidder Certification Sheet, Attachment 2, and Bidder Declaration, GSPD-05-105, Attachment 5. Bidder shall list the names of all certified SB firms being claimed for credit on the GSPD-05-105 form. For each certified SB subcontractor listed, the bidder shall submit a copy of the quotes from each SB (on the SB’s company letterhead) as Quotes from SB/DVBE Subcontractor, Attachment 12.

D. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

E. Certified SB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s).

https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs

F. SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder.

G. Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940. For 24-Hour Recording and Mail Request, call (916) 322-5060, or email:

osdshelp@dgs.ca.gov.

H. Additional references are at: DGS Contracting Commitment with Small Businesses, DVBEs (ca.gov).

3. Commercially Useful Function It is the law, all California-certified SBs and DVBEs doing business with the state must perform a Commercially Useful Function (CUF). Performing CUF is a critical requirement for all California-certified firms, SB and DVBE, that do business with the state (GOV §14837 and MVC §999).

More information can be found at: Commercially Useful Function for Certified Firms (ca.gov).

4. CAL FIRE Advocates CAL FIRE Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors.

CAL FIRE ADVOCATES: sbdvbe.advocate@fire.ca.gov.

mailto:osdshelp@dgs.ca.gov https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms mailto:sbdvbe.advocate@fire.ca.gov

CAL FIRE

ATTACHMENT 1

Bidder’s Company Name:

REQUIRED ATTACHMENT CHECKLIST

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

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also.

Attachment Attachment Name/Description _____ Attachment 1 Required Attachment Checklist

_____ Attachment 2 Bid/Bidder Certification Sheet

_____ Attachment 3 Rate Sheet

_____ Attachment 4 Disabled Veteran Business Enterprise Declarations (STD 843) (if applicable)

_____ Attachment 5 Bidder Declaration (GSPD-05-105)

_____ Attachment 6 DARFUR Contracting Act (CAL FIRE-720)

_____ Attachment 7 Payee Data Record (STD 204)

_____ Attachment 8 Contractor Certification Clauses (CCC 04/2017)

_____ Attachment 9 California Civil Rights Laws Attachment (if applicable)

_____ Attachment 10 Iran Contracting Act Certification (DGS PD 3) (if applicable)

_____ Attachment 11 Quotes from SB/DVBE Subcontractor(s) (if applicable)

_____ Additional Required Information:

1. The Prime Bidder must be either an individual or firm currently licensed to do business in California and provide proof of such as required in Required Attachment Checklist, Attachment 1.

2. The Prime Bidder must have a business license or incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California and provide proof of such, as required in Required Attachment Checklist, Attachment 1.

3. The Prime Bidder shall have at least two (2) years in business as a Fire Engine Dealer, with experience in sales and service and provide proof of such (i.e., copy of business license or state incorporation papers showing minimum two (2) years in business), as required in Required Attachment Checklist, Attachment 1, OR

The Prime Bidder shall have at least two (2) years of experience with sales or leasing Fire Engines to Fire Departments and provide proof of such (i.e., copy of business license or state incorporation papers showing minimum two (2) years in business), as required in Required Attachment Checklist, Attachment 1.

4. The Prime Bidder shall provide a bid for seven (7) Type 1 pumper fire engines in which the minimum specifications (or greater) are met, along with current, full-color photographs of the engines. Photographs shall include all areas of the interior, all areas of the exterior, fire pump, and the fire pump data plate.

CAL FIRE

ATTACHMENT 1

Proposed rates, specifications, and all photographs shall be in an organized order in succession with each fire engine being bid, as required in Required Attachment Checklist, Attachment 1.

5. Contractor or any Subcontractor(s) shall have a valid Motor Carrier Permit (MCP) issued by the Department of Motor Vehicles and provide proof of such.

If Contractor does not have a valid MCP, then the Contractor must have a Subcontractor with a valid MCP to transport the Fire Engines.

CAL FIRE

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 in duplicate with original signatures/electronic signature. The bid must be transmitted in accordance with IFB instructions.

Do not return IFB Sections A through E or the "Sample Standard Agreement" at the end of this IFB.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Rate Sheet.

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

C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals.

D. 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

E-mail Address:

5. Partnership Indicate your organization type: 4. Sole Proprietorship

6. Corporation 6a. L.L.C. Limited Liability 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 DVBE Certification as:

a. California Small Business Enterprise

Yes No

If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No

If yes, enter certification number:

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 OSBCR, if an application is pending:

CAL FIRE

ATTACHMENT 2

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.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one (1) 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.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) 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 (2) or more persons to carry on, as co-owners, a business for profit.

6, 6a

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. Or a Limited Liability Corporation.

Enter your federal employee tax identification number.

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.

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.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

CAL FIRE

ATTACHMENT 3

Bidder’s Company Name:

RATE SHEET

Item # Description Rate * Unit of

Measure Estimated

Quantity per Month

Total Cost * (Rate x Est. Quantity per Month)

1 Type I Fire Engine, as described in Exhibit A, Scope of Work $ Each 7 $

Mileage for Type I Fire Engines used, as described in Exhibit A, Scope of Work

$ Per Mile 2,000 $

Hours of use for Type I Fire Engines used, as described in Exhibit A, Scope of Work

$ Per Hour 450 $

Subtotal (Add Items 1 – 3) $

36-Month Term (Subtotal x 36) x 36

Total $ * *All-Inclusive Cost for Services.

Submitted by: ____________________________________________ Date: _________________

Contact Name/Title:

Company Name:

Company Address:

Telephone Number:

E-Mail Address:

Estimated quantities are not guaranteed and is not binding on the contracting agency. The Total Costs indicated above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual costs quoted above by the bidder shall be binding for the term of the Agreement. Small Business and Disabled Veteran Business Enterprise incentives will also be applied to determine the lowest bid. CAL FIRE reserves the right to correct and revise calculation errors made by the bidder.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail.

Please do not alter, modify, or change this bid proposal sheet. Any alterations, modifications, or changes to this bid proposal sheet will be grounds to reject the bid.

Each line item must be bid. Please do not leave any unit price column blank or this bid proposal sheet will be disqualified from competition for contract award.

CAL FIRE

ATTACHMENT 4

(if applicable)

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS (DGS PD 843)

Bidders who are disabled veteran (DV) owner(s) and DV manager(s) of a Disabled Veteran Business Enterprise must complete Disabled Veteran Business Enterprise Declarations (DGS PD 843) when a DVBE Contractor or subcontractor will provide materials, supplies, services, or equipment and include it with the bid response.

The DGS PD 843 Disabled Veteran Business Enterprise Declarations form can be found at:

DGS PD 843 (Rev. 9/2019) (ca.gov).

THE REST OF THIS PAGE IS BLANK

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

CAL FIRE

ATTACHMENT 5

BIDDER DECLARATION FORM (GSPD-05-105)

All bidders must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid response.

The Bidder Declaration Form can be found at: DGS Bidder Declaration form (ca.gov).

CAL FIRE

ATTACHMENT 6

DARFUR CONTRACTING ACT VENDOR CERTIFICATION

Pursuant to Public Contract Code Section 10478, if a bidder or proposer currently, or within the previous three (3) years, has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized company” as defined in Public Contract Code Section 10476 (see attached definition).

Therefore, to be eligible to submit a bid or proposal, please complete the company/vendor information and one of the three following clauses (NOTE: Clause #1 requires initials only; Clause #2 requires initials only; Clause #3 requires initials and a certification signature):

DATE

FEDERAL ID NUMBER

PRINTED COMPANY / VENDOR NAME

PRINTED NAME AND TITLE OF AUTHORIZED PERSON INITIALING AN OPTION BELOW

Complete ONLY ONE of the following:

1. _____ We do not currently have, and have not had within the previous three (3) years, business

Initials activities or other operations outside of the United States.

only

OR

2. _____ We are a scrutinized company as defined in Public Contract Code Section 10476, but we

Initials have received written permission from the Department of General Services (DGS) to submit only a bid or proposal pursuant to Public Contract Code Section10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. _____ We currently have, or we have had within the previous three (3) years, business activities Initials or other operations outside of the United States, but we certify below that we are not a + scrutinized company as defined in Public Contract Code Section 10476.

certification below

CERTIFICATION for #3 I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in #3. This certification is made under the laws of the State of California.

BY (AUTHORIZED SIGNATURE)

PRINTED NAME AND TITLE OF AUTHORIZED PERSON SIGNING

DATE EXECUTED

EXECUTED IN THE COUNTY AND STATE OF

CAL FIRE

ATTACHMENT 6

DEFINITION of SCRUTINIZED COMPANY

PUBLIC CONTRACT CODE SECTION 10476

10476. As used in this article, the following definition applies:

"Scrutinized company" means a company in Sudan that is involved in power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, but excludes a company that can demonstrate any of the following:

(a) Its business operations are conducted under contract directly and exclusively with the regional government of southern Sudan.

(b) Its business operations are conducted under a license from the Office of Foreign Assets Control or are expressly exempted under federal law from the requirement to be conducted under such a license.

(c) Its business operations consist of providing goods or services to marginalized populations of Sudan.

(d) Its business operations exclusively consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization.

(e) Its business operations consist of providing goods or services that are used only to promote health or education.

(f) Its business operations with the Government of Sudan will be voluntarily suspended for the entire duration of the contract for goods or services for which they have bid on, or submitted a proposal for, a contract with a state agency.

(g) It has adopted, publicized, and is implementing a formal plan to cease business operations within one year and to refrain from conducting any new business operations.

CAL FIRE

ATTACHMENT 7

PAYEE DATA RECORD (STD 204)

All bidders must complete the Payee Data Record (STD 204) and include it with the bid response.

The Payee Data Record (STD 204) is available at: STD 204 - Payee Data Record (ca.gov).

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

CAL FIRE

ATTACHMENT 8

CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

All bidders must complete the Contractor Certification Clauses form (CCC 04/2017) and include it with the bid response.

The Contractor Certification Clauses Form is available at: DGS Contractor Certification Clauses form (ca.gov).

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

CAL FIRE

ATTACHMENT 9

CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT

All bidders must complete the California Civil Rights Laws Attachment and include it with the bid response.

The California Civil Rights Laws Attachment is available at: DGS OLS 04 CA Civil Rights Laws Attachment (ca.gov).

https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf

CAL FIRE

ATTACHMENT 10

IRAN CONTRACTING ACT CERTIFICATION (DGS PD 3)

All bidders must complete the Iran Contracting Act Certification (DGS PD 3) certifying that it is not on the most current List and include it with the bid response.

Pursuant to the Iran Contracting Act of 2010 (PCC §2200 et seq., hereinafter “the Act”), persons identified on the list established under PCC §2202.5 (hereinafter “List”) are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the State for goods or services of one million dollars ($1,000,000.00) or more.

The Iran Contracting Act Certification is available at: Iran Contracting Act Verification Form (ca.gov).

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf

CAL FIRE

ATTACHMENT 11

QUOTES FROM SB/DVBE SUBCONTRACTOR(S)

All bidders must complete the Quotes from SB/DVBE Subcontractor(s) and include it with the bid response.

Quotes should be on Subcontractor letterhead.

E) Sample Standard Agreement The following pages represent a sample of the agreement that will be…