A241009871_Addendum_1.pdf

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR

December 5, 2024

Subject: IFB #A241009871, Addendum #1

Notice to Prospective Bidders:

The California Governor’s Office of Emergency Services (Cal OES) is releasing the attached Addendum #1 to IFB #A241009871, Third Party Logistics (3PL) Provider.

This Addendum #1 incorporates the following changes:

• Updates IFB A241009871, Section D.1, Key Action Dates

Instructions: All other sections of the IFB remain the same. Please replace the originally released sections with those noted as Addendum #1 in their entirety.

If you have any questions, or require clarification of the information contained herein, please contact Miranda Wilson at (916) 845-8828 or email at Miranda.Wilson@caloes.ca.gov. Please note, no verbal information given will be binding upon Cal OES, unless such information is issued in writing as an official addendum.

Sincerely, Miranda Wilson California Governor’s Office of Emergency Services Purchasing Division, Contracts Unit mailto:Miranda.Wilson@caloes.ca.gov

Gavin Newsom Governor

Nancy Ward Director

INVITATION FOR BID

Notice to Prospective Bidders

IFB A241009871

Third Party Logistics (3PL) Provider

You are invited to review and respond to the California Governor’s Office of Emergency Services, hereinafter referred to as “Cal OES, Invitation for Bid (IFB) A241009871, Third Party Logistics (3PL) Provider. In submitting your bid, you must comply with these instructions found herein.

Note that all agreements entered into with Cal OES will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at the Internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Bidders are encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submission of bids is the responsibility of the bidder and cannot be overemphasized. Please ensure insurance requirements and, if applicable, prevailing wages are considered in your bid amounts.

It is the opinion of Cal OES that this IFB is complete and without need of explanation.

However, if you have questions, or need any clarifying information, the contact person for this IFB is:

Miranda Wilson California Governor’s Office of Emergency Services

Purchasing Division, Contracts Unit contractsunit@caloes.ca.gov

Please submit questions, including requests for hard copies of IFB documents, to the email address listed above referencing the IFB number in the subject line of the email. Note that no verbal information given will be binding upon the State unless such information is issues in writing as an official addendum. Questions via phone calls or in person are not accepted.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:contractsunit@caloes.ca.gov

Any attempt by a bidder to initiate contact with any member of Cal OES staff, other than the Cal OES Contract Analyst, regarding this IFB may disqualify the Bidder from further consideration.

CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES IFB #A231009871

TABLE OF CONTENTS

A. PURPOSE AND DESCRIPTION OF SERVICES

B. BIDDER MINIMUM QUALIFICATIONS

C. SUBCONTRACTING PROVISIONS

D. BID REQUIREMENT INFORMATION

E. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE NOTIFICATION

F. PREFERENCE AND INCENTIVE PROGRAMS

G. REQUIRED ATTACHMENTS

ATTACHMENT 1 - REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

ATTACHMENT 3 - CONTRACTOR CERTIFICATION CLAUSES

ATTACHMENT 4 - DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 5 - PAYEE DATA RECORD, STD 204 & STD 205

ATTACHMENT 6 - BIDDER DECLARATION SHEET, GSPD-05-105

ATTACHMENT 7 - GENAI DISCLOSURE & FACTSHEET

ATTACHMENT 8 - DVBE DECLARATIONS, DGS PD 843

ATTACHMENT 9 - CERTIFICATION OF CUF COMPLIANCE FOR SUBCONTRACTORS

ATTACHMENT 10 - COST SHEET

ATTACHMENT 11 - REFERENCES

ATTACHMENT 12 - RESUMES

ATTACHMENT 13 - CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 14 - IRAN CONTRACTING ACT CERTIFICATION

ATTACHMENT 15 – MANDATORY QUALIFICATION DOCUMENTATION

ATTACHMENT 16 - SAMPLE AGREEMENT

A. PURPOSE AND DESCRIPTION OF SERVICES

Cal OES is seeking qualified Contractors to provide Third Party Logistics (3PL) Provider services. The contractor is responsible for meeting all of the required licenses and certifications required to perform the scope of services set forth in this solicitation.

B. BIDDER MINIMUM QUALIFICATIONS

Contractor must certify, by signing the Bid/Bidder Certification Sheet, Attachment 2 that they are in possession of the following qualification requirements:

a) The Contractor must have a minimum of three (3) years of proven experience with managing warehouse operations and working with state or federal governments in emergency management capacities.

b) The Contractor must have a minimum of three (3) years of direct warehousing experience to include receiving, storing, managing, and distributing commodities within a single facility for a state and/or federal governmental entity.

C. SUBCONTRACTING PROVISIONS

Subcontracting Provisions, if allowable, are referenced in Exhibit A, Statement of Work.

D. BID REQUIREMENT INFORMATION

1. KEY ACTION DATES

The following dates are set forth for informational and planning purposes only and are subject to change:

2. BIDDER’S CONFERENCE/WALKTHROUGH

ACTION

DATE AND TIME

IFB Available to Prospective Bidders December 5, 2024 Mandatory Bidder’s Conference/Walkthrough

If the Bidder attended walkthroughs for the previous IFB posted on November 7, 2024, on one of the dates listed below, the Bidder is not required to attend Bidder’s conference/walkthroughs on December 10th and/or 11th.

Previous Bidder’s Conference/Walkthrough Dates and locations:

November 13, 2024 1435 Sherborn Street Corona, CA 92879

November 14, 2024 2299 Kids Way Dixon, CA 95620

Bidders must attend one (1) of the two (2) walk throughs listed below:

December 10, 2024, 11:00 AM (PST) 2299 Kids Way Dixon, CA 95620

December 11, 2024, 10:00 AM (PST) 1435 Sherborn Street Corona, CA 92879

Contact: Chris Hacker

(916) 261-4541

Deadline to Submit Questions December 12, 2024 received by 2:00 PM

(PST)

Deadline for Responses to Questions December 16, 2024

Final Date for Submission of Bid December 20, 2024 at 9:00 AM (PST)

Bid Opening December 20, 2024 at 9:30 AM (PST)

Proposed Award Date January 1, 2025

Term Start Date January 1, 2025, or upon approval, whichever is later

Term End Date of Agreement December 31, 2026

a) A Mandatory Bidder’s conference/walkthrough is scheduled at the date and time shown in the above table, for the purpose of Third Party Logistics (3PL) Provider. Please check in at time of arrival.

b) In the event a potential prime contractor is unable to attend a mandatory Bidder’s conference/walkthrough, an authorized representative may attend on their behalf. The representative may only sign-in for one (1) company. Subcontractors may not represent a potential prime contractor at a mandatory Bidder’s conference/walkthrough. No bid will be accepted unless the Bidder or his authorized representative will be in attendance at a mandatory conference/walkthrough.

c) For Bidders who need assistance due to a physical impairment, a reasonable accommodation will be provided by Cal OES, upon request.

The Bidder must email contractsunit@caloes.ca.gov at least forty-eight

(48) hours prior to the Bidder’s conference/walkthrough in order that arrangements can be made in advance of arrival time.

3. WRITTEN QUESTIONS

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the Bidder’s responsibility to request clarification or assistance before submitting a bid. Bidders may submit questions via email to contractsunit@caloes.ca.gov referencing the IFB number in the subject line of the email. To ensure a response, questions must be received by the date given in Key Action Dates.

Question and Answer Sets will be provided to all Bidders without identifying the submitters and will be posted as an official document.

4. SUBMISSION OF BID

a) All bids must be submitted electronically and received by Cal OES by the date and time shown in Key Action Dates.

b) Bids must be delivered by emailing contractsunit@caloes.ca.gov by the proposal submission deadline. It is up to the Bidder to ensure that electronic documents are viewable by Cal OES (provide in standard MS Office and/or Adobe formats for example).

c) Bids must bear a signature, on all documents requiring a signature, of a person authorized to bind the bidding firm.

d) It is the Bidder’s responsibility for ensuring that the bid is received by the submission deadline. Any bid received after the scheduled closing time for the receipt of bids will not be considered.

e) All bids shall include the documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

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) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to Cal OES.

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

i) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline.

Bidder modifications offered in any other manner, oral or written, will not be considered.

j) A bidder may withdraw its bid by submitting a written withdrawal request to Cal OES, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

k) Cal OES 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.

l) Where applicable, the 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.

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

n) Introduction letters, expensive bindings, colored displays, promotional materials, etc., should not be included in the bid submission. Emphasis should be concentrated on conformance to the IFB instructions, responsiveness to the IFB requirements and completeness and clarity of content.

5. REJECTION OF BID SUBMISSIONS

a) A bid submission not received by the date and time specified in Key Action Dates will be rejected.

b) The bid submission must not contain false or misleading statements or provide references which do not support an attribute or condition claimed by the Bidder. If, in the opinion of Cal OES, such information was intended to mislead Cal OES in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid submission.

c) Deviations in the bid submission, whether or not intentional, may cause the bid submission to be non-responsive and not considered for award.

d) Unless previously approved by the State through the written questions process identified in Section 3, any material submitted by any Bidder in the final bid submission that is marked “CONFIDENTIAL” or “PROPRIETARY” may cause the entire bid submission to be deemed non-responsive and rejected.

e) Cal OES 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. Additionally, the General Terms and Conditions are not negotiable.

f) Cal OES is not required to award a contract. Cal OES reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received and to accept all or any portion of a bid, if deemed in the best interest of the State and not contrary to law. Cal OES’ waiver of any immaterial deviation or defect will in no way modify the IFB documents or excuse the contractor from full compliance with the IFB specification, if awarded the contract.

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.

6. EVALUATION AND SELECTION

a) The bid opening will be held via conference call. To receive conference call dial-in instructions contact contractsunit@caloes.ca.gov prior to opening date and time.

1) During the bid opening, Cal OES will read aloud and record the Bidder’s

Name and their Grand Total Combined Amount from the Attachment 10, Cost Sheet.

b) The Cal OES Contract Analyst will further verify and evaluate the bid submissions as described in the IFB to determine lowest responsive responsible bidder. The further review may include, but is not limited to:

1) Validation of References;

2) Cost Sheet calculations have been verified;

3) Small Business (SB) Preferences have been evaluated, confirmed and calculated;

4) DVBE Participation Incentives have been evaluated, confirmed and calculated;

5) Largest tax delinquents eligibility confirmed;

6) Corporate standing has been verified with State of California, Secretary of State;

7) Commercially Useful Function (CUF) analysis; and

8) Verification of required documents

c) During further review, if any of the required documents are missing, incomplete, modified or contain alterations, the evaluation committee may reject the bid submission as non-responsive.

d) The documents provided by the Contractor in their bid submission enable

Cal OES to evaluate for responsiveness. Cal OES reserves the right to ask clarifying questions during evaluation.

e) Cal OES will determine the validity of references and signatory authority of winning bidder prior to awarding contract or posting Notice of Intent to Award.

f) Nothing in this section will require the awarding of the contract if no bids are received offering a contract price that, in the opinion of Cal OES, is a reasonable price.

7. AWARD AND PROTEST

a) Contract award, if made, will be awarded to the Bidder whose bid has the lowest responsive responsible submission.

b) In the event of a tie, representatives of Cal OES will flip a coin to determine the winning bidder. The coin flip will be witnessed and documented by two (2) or more Cal OES employees.

c) Whenever an Agreement is awarded under a procedure which provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) working days prior to the award of the Agreement.

d) Upon written request by any bidder, notice of the proposed award shall be posted online on the Cal eProcure webpage for this solicitation at least five (5) working days prior to awarding the Agreement.

e) If any bidder, prior to the award of Agreement, files a protest with the

Department of General Services (DGS), Office of Legal Services, and OES on the grounds that the (protesting) bidder is the lowest responsible bidder, the Agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter (Public Contract Code §10345).

f) Within five (5) days after filing the initial protest, the protesting bidder shall file with DGS and OES 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 Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

A copy of the detailed written protest should be mailed to OES, Contracts Manager, 3650 Schriever Avenue, Mather, CA 95655 or emailed to ContractsUnit@Caloes.ca.gov

It is suggested that any protest be sent certified or registered mail.

mailto:OLSProtests@dgs.ca.gov mailto:OLSProtests@dgs.ca.gov mailto:ContractsUnit@Caloes.ca.gov

8. DISPOSITION OF BIDS

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

9. PERFORMANCE OF SERVICE

a) Upon award of the contract, the winning Bidder must provide a Certificate of Insurance (COI) within ten (10) working days from award of contract.

This COI will identify the required insurance as indicated in the attached Sample Standard Agreement (STD 213), Insert Exhibit D, Additional Provisions.

b) Upon award of the contract, the winning Bidder agrees to execute the contract on the State’s Standard Agreement (STD 213), including all Exhibits (Attachment 16, Sample Agreement). The Agreement must be signed by an individual authorized to bind the firm contractually.

10. AGREEMENT EXECUTION AND PERFORMANCE

a) Performance shall start not later than ten (10) days after approval of the Contract, or on the express date set by Cal OES and the Contractor, after all approvals have been obtained and the agreement is fully executed.

Should the Contractor fail to commence work at the agreed upon time, Cal OES, 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 State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

b) All performance under the agreement shall be completed on or before the termination date of the agreement.

11. TAX DELINQUENT STATUS VERIFICATION

a) Effective July 1, 2012, Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b) At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the California

Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the websites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

E. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE NOTIFICATION

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids that present an unacceptable level of risk to the state.

F. PREFERENCE AND INCENTIVE PROGRAMS

Preference and Incentive Programs are each identified below. When the Bidder satisfies the requirements and requests bid preferences and incentives, the Bidder must clearly identify in their bid submission for which of the programs it qualifies. Denial of those preference or incentive requests is not a basis for rejection of the bid.

https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2Ffmc%2Fpdf%2Fstd1000.pdf&data=05%7C02%7Cflora.karami%40caloes.ca.gov%7Cc2d3b76fbcb2473a5e8208dc99ffd541%7Cebf268ae303647149f69c9fd0e9dc6b9%7C1%7C0%7C638554571300867060%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=gJs6mm1foRWD92yYeb4Dt%2Bl1V528O7ypWVmiohiVJQM%3D&reserved=0

1. SMALL BUSINESS ENTERPRISE PREFERENCE PROGRAM

California Government Code (GC) section 14835, et seq., requires a preference be given to Bidders who are California Certified Small Business (SB). The rules and regulations of this law, including the definition of a SB for the delivery of goods and services, are contained in California Code of Regulations, title 2, section 1896 et seq.

a) A 5% preference, (not to exceed $50,000) is available to a certified SB. A

Bidder claiming this preference must be certified by the Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a SB.

Questions regarding certification should be directed to the OSDS at (916) 375-4940.

To be considered as a certified SB, the Bidder must have a complete application package on file with the OSDS by 5:00 p.m. on the Deadline for IFB Submission. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at:

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#@ViewBag.JumpTo

To claim the Small Business Preference please see Attachment 6, Bidder Declaration (GSPD-05-105).

b) Non-Small Business Subcontractor Preference (if subcontracting is allowable in Exhibit A, Statement of Work):

A 5% preference, (not to exceed $50,000) is available to a non-small business (NS) claiming 25% California-certified small business subcontractor participation. A Bidder claiming this preference must list one or more SB subcontractor(s), whom the Bidder commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract.

To claim the Small Business Preference please see Attachment 6, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Statement of Work included in this IFB shall qualify the Bidder or be used to qualify the Bidder for the SB Preference or Non-Small (NS) Business Subcontractor Preference. A certification signed 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#@ViewBag.JumpTo 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#@ViewBag.JumpTo 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#@ViewBag.JumpTo under penalty perjury that the work performed by SB subcontractors serves a CUF is required from the bidder.

COMMERCIALLY USEFUL FUNCTION DEFINITION

As defined in MVC §999(B), a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:

• Is responsible for the execution of a distinct element of the work of the contract.

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

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

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

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

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

2. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

It is the intent of the California Legislature that every State procurement authority honor California’s disabled veterans by taking all practical actions necessary to meet or exceed the Disabled Veteran Business Enterprise participation goal of a minimum of three percent (3%) of total contract value.

The Disabled Veteran Business Enterprise (DVBE) Certification and Outreach Branch program was created for this purpose. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.61 et seq.

a) DVBE PARTICIPATION REQUIREMENT

For the purposes of this solicitation, the DVBE Participation Requirement has been waived, however the DVBE Incentive still applies.

Note: Pursuant to Military and Veterans Code section 999 (B), only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Statement of Work included in this IFB shall qualify the Bidder or be used to qualify the Bidder for a DVBE participation and/or DVBE incentive. A certification signed under penalty perjury that the work performed by DVBE subcontractors serves a CUF is required from the bidder per MVC §999.10(a)(3). Bidders must also verify each DVBE subcontractor’s certification status with OSDS to ensure DVBE participation eligibility prior to submitting bids.

b) DVBE SUBSTITUTION

Bidders must use the DVBE subcontractors or suppliers proposed in the bid.

Any substitutions must be requested in writing to the awarding department and approved by both the awarding department and OSDS in writing prior to the commencement of any work by the proposed DVBE. The substitution must be to perform the same work and shall maintain the minimum level of DVBE participation stated in original bid. (MVC §999.5.g)

c) DVBE SUBCONTRACTOR REPORTING

Bidders awarded a contract with a commitment to use DVBE subcontractors must certify, upon completion of contract that all payments have been made to the DVBE subcontractors by submitting the Prime Contractor’s DVBE Subcontracting Report (STD 817). Cal OES will withhold $10,000 from the final payment, or the full payment if the final payment is less than $10,000 from prime contractors, until the complete and accurate STD 817 is received. Failure to submit this certification after given the opportunity to cure, will result in Cal OES permanently deducting $10,000 from the final payment or the full payment if less than $10,000.

(MVC §999.7)

d) DVBE INCENTIVE

Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to a Bidder who provides DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration DGS PD-05-105, and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of:

Incentive Amount

5% or Over 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

A Bidder is eligible to receive this additional DVBE incentive if they are a certified DVBE or if a non DVBE Bidder commits to use a certified DVBE(s) as subcontractor(s) (if subcontracting is allowable in Exhibit A, Statement of Work).

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 number 1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses.

a) Certified DVBE Bidder incentive considerations:

i. Commit to performing 1% or more of the contract bid value with the prime bidders’ firm or in combination with another DVBE(s)

ii. Document DVBE participation on the Bidder Declaration GSPD-05- 105, Attachment 6.

iii. Submit a completed Disabled Veteran Business Enterprise Declarations form, DGS PD 843, (Attachment 8) signed by the DVBE owner/manager.

b) Non-DVBE Bidder incentive considerations:

i. Commit to using certified DVBE(s) for 1% or more of the bid value.

ii. Document DVBE participation on the Bidder Declaration GSPD-05- 105, Attachment 6.

iii. Submit a completed Disabled Veteran Business Enterprise Declarations form, DGS PD 843, (Attachment 8) signed by the DVBE owner/manager for each certified DVBE subcontractor.

c) Locating DVBE Subcontractors

1) State Resources: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at: www.caleprocure.ca.gov

To begin your search, click on “Small Business/Disabled Veteran Business Enterprise,” then click “Search for Certified SB/DVBE Firms.”

Search by “Keywords” or “UNSPSC Classifications” that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.caleprocure.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to:

OSDSHelp@dgs.ca.gov

3. APPLYING PREFERENCE AND INCENTIVES

a) Preferences and incentives are used for bid tabulation purposes to determine the lowest responsive responsible bidder. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting contract. Please be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance to statutory, regulatory and contractual requirements.

b) The SB preference of 5% will be applied when a responsible Bidder that is not a CA certified SB submits the lowest responsive responsible bid. For evaluation purposes, 5% of the lowest responsible bid is subtracted from the bids for bidders that are certified SBs. A NS claiming 25% CA Certified SB/MB subcontractor participation will receive a 5% preference (calculated on the lowest responsible bid) if the lowest responsive proposal is neither a SB nor NS. (Note: NS claiming SB subcontractor preference cannot remove an award from a certified SB.)

c) Pursuant to California Code of Regulations (CCR) 2 CCR§ 1896.8, there is a $50,000.00 cap of the amount of SB/NS preference and there is a combined cap of $100,000 for all preferences and incentives. Pursuant to http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/ mailto:OSDSHelp@dgs.ca.gov

2 CCR§ 1896.99.120, there is a $100,000.00 cap of the amount of DVBE incentive.

G. REQUIRED ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

3. Contractor Certification Clauses

4. Darfur Contracting Act Certification

5. Payee Data Record, STD 204 & STD 205

6. Bidder Declaration Sheet, GSPD-05-105

7. GenAI Disclosure & Factsheet

8. DVBE Declarations, DGS PD 843

9. Certification of CUF compliance for subcontractors (if applicable)

10. Cost Sheet

11. References

12. Resumes

13. California Civil Rights Laws Certification

14. Iran Contracting Act Certification

15. Mandatory Qualification Documentation

16. Sample Agreement (reference only)

ATTACHMENT 1 - 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 Cal OES. For your bid to be responsive, all required attachments must be returned.

Company Name: _____________________________

ATTACHMENT REQUIRED ATTACHMENT NAME

Attachment 1 YES Required Attachment Checklist

Attachment 2 YES Bid/Bidder Certification Sheet

Attachment 3 YES Contractor Certification Clauses

Attachment 4 YES Darfur Contracting Act Certification

Attachment 5 YES Payee Data Record, STD 204 & STD 205

Attachment 6 YES Bidder Declaration Sheet, GSPD-05-105

Attachment 7 YES GenAI Disclosure & Factsheet

Attachment 8 YES (if applicable) DVBE Declarations, DGS PD 843

Attachment 9 YES (if applicable) Certification of CUF compliance for subcontractors

Attachment 10 YES Cost Sheet

Attachment 11 YES References

Attachment 12 YES Resumes

Attachment 13 YES California Civil Rights Laws Certification

Attachment 14 YES Iran Contracting Act Certification

Attachment 15 YES Mandatory Qualification Documentation

Attachment 16 NO Sample Agreement

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original signatures. The bid must be transmitted via email in accordance with IFB instructions.

A. Our all-inclusive bid is submitted as detailed in Attachment 10, Cost Sheet.

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

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

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

1. Company Name 2. Telephone Number

2a. Fax Number

3. Address

Indicate your organization type:

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

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

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification (OSDC) as:

a. California Small Business b. Disabled Veteran Business Enterprise

Yes No Yes No If yes, enter your service code below: 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 OSDC, if an application is pending:

CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES IFB A231009871

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

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.

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 or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDC.

ATTACHMENT 3 - CONTRACTOR CERTIFICATION CLAUSES

A Bidder must complete the Contractor Certification Clauses located at the following internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

ATTACHMENT 4 - DARFUR CONTRACTING ACT CERTIFICATION

A Bidder must complete the Darfur Contracting Act Certification located at the following internet site:

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

ATTACHMENT 5 - PAYEE DATA RECORD, STD 204 & STD 205

A Bidder must complete the Payee Data Record and the Supplement form (as needed), located at the following internet sites:

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

ATTACHMENT 6 - BIDDER DECLARATION SHEET, GSPD-05-105

A Bidder must complete the Bidder Declaration, located at the following internet site:

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

When completing the declaration, if subcontracting is allowable in Exhibit A, Statement of Work, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract.

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

ATTACHMENT 7 - GENAI DISCLOSURE & FACTSHEET

A Bidder must complete the GenAI Reporting and Factsheet (STD 1000) located at the following internet site:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

ATTACHMENT 8 - DVBE DECLARATIONS, DGS PD 843

A Bidder must complete the Disabled Veteran Business Enterprise Declarations (DGS PD 843), located at the following internet site (if applicable):

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

ATTACHMENT 9 - CERTIFICATION OF CUF COMPLIANCE FOR SUBCONTRACTORS

A Bidder must submit a signed statement under penalty of perjury that the work performed by subcontractors is CUF compliant.

ATTACHMENT 10 - COST SHEET

Refer to Exhibit B-1 in Sample Agreement.

ATTACHMENT 11 - REFERENCES

List three (3) clients served in the past five (5) years for which the bidding firm provided similar services. List the most recent first. References shall provide evidence that Contractor meets the minimum qualifications as stated in this IFB and provides similar services as stated in Sample Agreement, Exhibit A, Statement of Work.

REFERENCE 1

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

REFERENCE 2

Name of Firm Street Address City State Zip Code Contact Person Telephone Number Email Address

REFERENCE 3

Name of Firm Street Address City State Zip Code Contact Person Telephone Number Email Address

ATTACHMENT 12 - RESUMES

The Bidder will provide detailed resumes of all staff who will be utilized to complete this project. Resumes should provide evidence that staff meet the qualifications as stated in this IFB and provides similar services as stated in SOW Exhibit A.

ATTACHMENT 13 - CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

A Bidder must complete the California Civil Rights Laws Certification located at the following internet site:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS- LAWS-ATTACHMENT.ashx https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx

ATTACHMENT 14 - IRAN CONTRACTING ACT CERTIFICATION

A Bidder must complete the Iran Contracting Act Certification located at the following internet site:

https://www.dgs.ca.gov/-/media/A7EE965578CA4CC1A63087423C7BED0C.ashx https://www.dgs.ca.gov/-/media/A7EE965578CA4CC1A63087423C7BED0C.ashx

ATTACHMENT 15 – MANDATORY QUALIFICATION DOCUMENTATION

A Bidder, and any subcontractor being utilized during the term of this Agreement, must provide proof of meeting the mandatory qualifications listed in the Sample Agreement, Exhibit A, Statement of Work. Proof may include, but is not limited to, copies of any Certifications, Inspection Records, Licenses, Cards, and Endorsements required.

ATTACHMENT 16 - SAMPLE AGREEMENT

Note to Bidders: The following pages represent a sample of the Agreement that will be awarded, if any, from this IFB. Please review it carefully and present any questions in writing to the contact identified for this IFB.

2. The term of this Agreement is:

SAMPLE

SAMPLE

California Governor’s Office of Emergency Services Contractor Name- TBD Third Party Logistics Agreement No. A241009871

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EXHIBIT A

STATEMENT OF WORK (SOW)

THIRD PARTY LOGISTICS (3PL) PROVIDER

1. OBJECTIVE

The California Governor’s Office of Emergency Services, hereinafter referred to as “Cal OES” requires TBD, hereinafter referred to as “Contractor”, to manage two (2) Cal OES warehouses. These warehouses are designed to store and distribute all-hazards and medical emergency countermeasure equipment and commodities throughout the State.

The warehouses are located at:

Corona Warehouse 1435 Sherborn Street Corona, CA 92879

Dixon Warehouse

2299 Kids Way Dixon, CA 95620

In the event of warehouse closure, Cal OES reserves the right to discontinue services at that location.

2. TERM/PERIOD OF PERFORMANCE

A. The period of performance for the Agreement shall be January 1, 2025, or upon approval, whichever is later, through December 31, 2026, with the option to extend for one (1) additional twelve (12) month term, at the original rates evaluated and considered.

B. The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until the Agreement has been fully executed. Any delivery or performance of service that is commenced prior to the execution of the Agreement shall be considered voluntary on the part of the Contractor and non-compensable.

C. Consistent with the terms and conditions of the original solicitation, and upon mutual consent, Cal OES and the Contractor may execute written amendments to alter the method, price, or schedule of the work, subject to the limitations set forth by the California Public Contract Code, section 100 et seq, and the California State Contracting Manual, Volume 1.

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3. BUDGETED AMOUNT

The initial award of this Agreement shall not exceed $TBD and there is no obligation on Cal OES’s part to utilize the entire amount. Any increases in the budgeted amount will be at the rates evaluated and considered herein.

4. MANDATORY QUALIFICATION

The Contractor, including all staff, must possess the necessary certifications to operate forklifts and other Material Handling Equipment (MHE) necessary to complete the associated tasks in this Agreement.

5. PROJECT TASKS AND DELIVERABLES

The Contractor must perform project tasks and/or deliverables including, but not limited to, the following:

A. Project Task 1: Inventory Control

i. Inventory Implementation Phase (First 90 Days)

a) The Contractor shall perform a full physical inventory and barcode tagging (as needed) of all commodities, equipment, and assets, medical and non-medical, at each Cal OES warehouse. A full physical inventory and barcode tagging must be completed at each physical warehouse location no later than ninety (90) days following the start date of the Agreement. Inventory shall be updated daily in real time for Cal OES review.

ii. Inventory Management

a) All items in inventory must be tagged with a barcode label that is compatible with the inventory software platform. Inventory shall be tagged with nesting capability such as “per item” and “per pallet.” Barcodes shall be able to facilitate receipt and shipment of product via handheld scanner.

b) Cycle counts must be performed, at a minimum, on a weekly basis, and as requested by the Cal OES Contract Manager.

c) An expiry report must be provided, at a minimum, on a weekly basis, no later than Monday by 4:00 PM Pacific Time (PT), and as requested by the Cal OES Contract Manager. The report must be provided in both a hard copy and digital format.

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d) Stock rotation must be performed, with products with the earliest expiration dates being shipped out first. If an expiration date is not applicable to a given product, then inventory shall be shipped out on a first in, first out (FIFO) basis, unless otherwise directed by the Cal OES Contract Manager.

e) The Contractor must process all outbound orders received during normal business hours on the same day as receipt of the order.

f) The Contractor must receive all inbound orders and ensure correct items were received (size, models, etc.) and check for defects, damages, or mislabeled product within twenty-four (24) hours of arrival of items.

g) The Contractor must notify the Cal OES Contract Manager of any inventory discrepancies immediately upon discovery including, but not limited to, inventory loss due to the Contractor negligence, damage, theft, data entry issues, poor inventory management related to inaccurate cycle counting, or physical inventory numbers. The Contractor may be held responsible for losses due to negligence and required to pay for the cost of damages and/or inventory loss.

iii. Warehouse Management Systems

a) The Contractor shall complete the following requirements no later than ninety

(90) days following the start of the Agreement, whichever is later.

1. The Contractor shall provide an Enterprise Resource Planning (ERP) based Warehouse Management System (WMS)/Inventory Management System (IMS), an Order Management System (OMS), and Reporting Engine System (RES) that shall, at a minimum, contain the following functionalities:

a. WMS/IMS:

i. Must be capable of automatic updates. Spreadsheet-based software including, but not limited to, Microsoft Excel will not serve as suitable software and shall not be used.

ii. Capable of integrating all functions into one complete system to streamline processes and information across the organization.

iii. Capable of tracking and managing assets that are deployed to an external location for a given period.

iv. Capable of tracking expiration dates with automated notifications set (at desired intervals) to notify users of upcoming expiring product.

v. Capable of managing multiple warehouse locations.

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vi. Capable of managing items in any unit of measure (UOM) from full pallets to a single count item.

vii. Capable of searching items within the system.

viii. Must allow for the ad hoc creation of auxiliary storage locations. These locations will be used to track and manage assets that are deployed to a location in the field. The Contractor’s ERP application shall maintain, track, and manage all product rotations, the reporting of product shelf life, and the quarantine program.

ix. Capable of virtual warehousing, allowing for mobile inventory management and the ability to create a virtual warehouse anywhere a response is needed. The WMS/IMS must allow for items to move from inventory without degradation, as deployed from the virtual site, and rapid inventory emergency response management across the State.

x. Capable of providing an accurate count of all commodities, equipment, and property located at each Cal OES warehouse location.

xi. Capable of tracking item expiration dates and lot numbers. Integration with the Food & Drug Administration’s National Drug Code…