Addendum_3_Event_ID_0000000669_Section_5_-_Admin_Reqs.pdf

Department of General Services Tablets Procurement Division Event ID: 0000000669, Addendum 3

SECTION 5

Administrative Requirements

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ADMINISTRATIVE REQUIREMENTS

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5. Administrative Requirements

5.1 Introduction

In addition to meeting the technical requirements of this IFB, Bidders must adhere to all the administrative requirements of this IFB in order to be considered responsive. These administrative requirements include:

• The schedule and other requirements as specified in Section 1, Introduction and Overview of Requirements;

• The rules as specified in Section 2, Rules Governing Competition;

• The administrative requirements of Section 5, Administrative Requirements;

• The completion of cost sheets as specified in Section 7, Cost; and

• The format as specified in Section 8, Proposal Format.

5.2 Responses to Administrative Requirements

All of the requirements described in this section are service levels and/or terms and conditions that the State expects to be satisfied by the Bidders. Bidders must indicate their willingness and ability to satisfy these requirements.

Responses to the requirements in Section 5 must be included in Bidder’s Proposal, Volume I, as specified in Section 8, Proposal Format. Exhibit 11.25, Administrative Requirements Response, must be completed and submitted with the Bidder’s proposal as specified in Section 8, Proposal Format. The Bidder’s proposal must include the required proposal items cross-referenced by the Administrative Requirement number. It may also include any appropriate exhibits to illustrate responsiveness. These exhibits must be clearly labeled and cross-referenced to any proposal narrative by Administrative Requirement number.

5.3 Designation of Requirements

The requirements specified in this IFB Section are classified as either mandatory or non-mandatory.

Mandatory (M) Requirements:

All items labeled mandatory (M) are not negotiable. A Pass/Fail evaluation will be utilized for all mandatory requirements in this IFB. To be considered responsive, responsible and eligible to participate in the IFB, all requirements identified as mandatory must be marked “Yes” to pass.

Failure to respond affirmatively to any mandatory requirements shall result in disqualification of the bid.

As specified with each mandatory requirement listed in this section, Bidders must indicate whether their bid meets the individual requirement by marking either a “Yes” or “No” on Exhibit 11.25, Administrative Requirements Response, along with the location of a thorough narrative response, if applicable, as specified in Section 8, Proposal Format.

Mandatory-Scored (MS) Requirements:

All items labeled mandatory-scored (MS) are non-negotiable. These questions will be scored as specified in Section 9, Evaluation. All items labeled mandatory-scored must be marked “Yes” to pass. Failure to respond affirmatively to any mandatory-scored requirement shall result in disqualification of the bid.

The State Evaluation Team (Team) will review responses to mandatory-scored requirements in this section, evaluate, and award points in accordance with Section 9, Evaluation.

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Non-Mandatory (NM) Requirements:

Some listed standards are identified as non-mandatory (NM). Bidders are not required to comply with these requirements in order to be compliant with the IFB requirements. However, if a Bidder offers any of these non-mandatory requirements, the Bidder must meet the minimum requirements as stated in this section.

As specified with each non-mandatory requirement listed in this section, Bidders must indicate whether their bid meets the individual requirement by marking either a “Yes” or “No” on Exhibit 11.25, Administrative Requirements Response, along with the location of a thorough narrative response, if applicable, as specified in Section 8, Proposal Format.

Narrative Response (NR) Required:

Items marked NR require a narrative response to be submitted with the IFB response. Failure to supply a narrative response to accompany a Mandatory requirement so indicated may result in the response being deemed non-responsive and ineligible to further participate in the IFB.

Failure to supply a narrative response to accompany a Non-Mandatory requirement may prevent the response from being awarded any relevant points. If a requirement is not so marked, a narrative response is neither required nor desired.

Exhibit (E) Required:

Items marked E require an Exhibit to be submitted with the IFB response. Failure to supply the completed Exhibit specified to accompany the Mandatory requirement may result in the response being deemed non-responsive and ineligible to further participate in the IFB. Failure to supply the completed Exhibit to accompany a Non-Mandatory requirement may prevent the response from being awarded any relevant points.

5.4 Administrative Requirements

5.4.1 Customer Reference (MS) (E)

Bidders shall submit three (3) customer references from three (3) different contracts.

References from the DGS-PD shall not be acceptable. References for transactions against California Statewide Contracts or other Leveraged Procurement Agreements must be from an ordering department for the minimum value.

Customer references shall be provided on Exhibit 11.5, Customer Reference Form, per Section 9.2.10.1, Customer Reference Scoring. Each contract reference shall:

• Be for work performed within the last five (5) years;

• Have similar scope of work (i.e., sale and distribution of tablets, computers or other

IT equipment) to that requested in this IFB;

• Have similar geographic distribution to that requested in this IFB; and

• Be valued at or above the minimum dollar amount required for the silo(s) bid per the

Table 5.4.1 below. An accumulation of orders from a single customer entity meeting the applicable minimum value is acceptable. If a combination of Silos are bid, only one (1) set of references are required; the highest minimum value prevails for each individual reference – not a combination (i.e. if bidding Ruggedized and Apple Silos, all three (3) references must be for the minimum listed in Table 5.4.1).

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Table 5.4.1 Customer Reference Minimum Contract Dollar Value

Number of Silos Bid Minimum Value of References

Over 4 Silos $1,200,000.00 2-3 Silos $900,000.00 1-2 Silos $300,000.00

Each Customer Reference Form has ten (10) questions that address key areas needed to meet the State’s needs and each question will be rated by the customer by providing a rating of 1 to 5.

Customers must fully complete the Exhibit 11.5, Customer Reference Form, and return form directly to the Bidder. The Bidder must then submit the completed exhibits with the proposal as specified in Section 8, Proposal Format.

Failure to submit three (3) completed customer references on Exhibit 11.5, Customer Reference Form, meeting the requirements above, will result in the Bidder’s proposal being considered non-responsive.

Customer References will be scored as specified in Section 9, Evaluation.

Note: Only Customer Reference Forms from this procurement will be accepted.

5.4.2 Bidder Responsibility (M)

Prior to award of the contract, the State must be assured that the Bidder selected has all of the resources to successfully perform under the contract. This includes, but is not limited to, personnel in the numbers and with the skills required, equipment of appropriate type and in sufficient quantity, financial resources sufficient to complete performance under the contract, and experience in similar endeavors. If during the evaluation process, the State is unable to assure itself of the Bidder's ability to perform under the contract if awarded, the State has the option of requesting from the Bidder any information that the State deems necessary to determine the Bidder's responsibility. If such information is required, the Bidder will be so notified and will be permitted five (5) business days to submit the information requested.

5.4.2.1 Authorized Reseller (M) (NR)

If the Bidder is not the Original Equipment Manufacturer (OEM) of the product being proposed, the Bidder must provide, on OEM company letterhead and signed by an authorized OEM representative, a letter identifying the Bidder as an authorized OEM reseller. Reseller agreements cannot contain limitations of time or models.

5.4.2.2 Insurance Requirements (M) (E)

The Bidder must maintain in force (as required by State law) a valid Worker's Compensation Insurance Policy for all employees engaged in the performance of the contract and agree to furnish the State satisfactory evidence thereof at the time of Final Proposal submittal attached as Exhibit 11.6, Worker’s Compensation Certification, and at any time the State may so request.

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5.4.3 Confidentiality (M) (E)

To preserve the integrity of the security and confidentiality measures integrated into the State's automated information systems, each Bidder is required to complete Exhibit 11.2, Confidentiality Statement.

The Contractor, engaging in IT services to the State pertaining to this project and requiring contact with confidential State information, will be required to exercise security precautions for such data that is made available and must accept full legal responsibility for the protection of this confidential information. This includes financial, statistical, personal, technical and all other types of data and information relating to operations of any State or local agency, whether expressly made available to the Contractors or encountered coincident to programming work or testing.

Under no circumstances shall the Bidder use or publish, sell, or otherwise disclose to any third party the contents of any records or data, or reports derived from data, submitted for processing without the authorization and consent of the State in writing.

5.4.4 Contractor Responsibility (M)

The State requires that the contracts resulting from this IFB be issued to one or more prime Contractor(s) who shall be responsible for successful performance of this IFB. The prime Contractor(s) shall also be responsible for successful performance of any and all of their subcontractors.

Furthermore, the State will consider the prime Contractor(s) to be the sole point(s) of contact as applicable by contract with regard to contractual matters, payment of any and all charges resulting from the outsource or purchase of the equipment and maintenance of the equipment for the term of the contract.

The prime Contractor(s) will be responsible for compliance with requirements under the contract, even if requirements are delegated to subcontractors. All State policies, guidelines, and requirements apply to subcontractors. The prime Contractor(s) and subcontractors shall not in any way represent themselves in the name of the State of California without prior written approval.

5.4.5 Contractor Name Change (M)

An amendment is required to change a prime Contractor’s name as listed on this agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5.4.6 Bidder Declaration (M) (E)

All Bidders must complete the Exhibit 11.7, Bidder Declaration Form (GSPD-05-105), and include it with the bid. When completing the declaration, Bidders must include:

• All Small Business (SB) and/or Disabled Veteran Business Enterprise (DVBE) certification information; and

• All subcontractors proposed for participation in the contract (if applicable), their proposed contract function, and the corresponding percentage of the total contract value.

Note: No actual dollar figures should appear on the Exhibit 11.7, Bidder Declaration Form.

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5.4.6.1 Subcontractors (M) (NR)

If the Bidder’s proposal involves the use of subcontractors for a portion of the contract, the Bidder must explain how they will manage and control the work of the subcontractors. Documentation of written agreement between subcontractor(s) and prime may be attached in bid submission.

The Bidder must agree that all requirements will be adhered to and that requirements will apply to subcontractors even if subcontractor concurrence is not specifically defined in the Administrative Requirement. All subcontractors must comply fully with the administrative and technical requirements that are applicable to the portion of the work being delegated to the subcontractor.

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. The Contractor must have written agreement from the State prior to replacement or substitution of any subcontractor.

5.4.6.2 SB/DVBE Participation Commitment Requirement (M)

Within six (6) months of contract award, the Contractor shall meet or exceed their SB and/or DVBE commitment level on a contract-to-date basis. The State reserves the right to audit records (e.g., cancelled checks, work logs, etc.) to verify that the SB/DVBE subcontractors are actually performing the work committed to and being paid accordingly, as reported in accordance with Section 6.16.3, Small Business (SB)/Disabled Veteran Business Enterprise (DVBE) Participation Report.

5.4.6.3 Commercially Useful Function (M)

Suppliers, whether the Bidder or a subcontractor, who have a California certification for one or more of the socio-economic programs (i.e., SB or DVBE), must perform a commercially useful function (CUF) in the resulting contract. CUF is defined in the Military and Veterans Code Section 999(b)(5)(B) for Disabled Veteran Business Enterprises and in the Government Code Section 14837(d)(4)(A) for Small Businesses as consisting of all of the following:

• Responsibility for the execution of a distinct element of the work;

• Actually performing, managing, or supervising the work;

• Performing 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; and

• Not further subcontracting work that is greater than that expected by normal industry standards.

A contractor, subcontractor, or supplier is not considered to perform a CUF if their role is limited to that of an extra participant through which funds are passed in order to obtain the appearance of participation.

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5.4.6.4 Subcontractors CUF Requirements (M) (E) (NR)

Only the subcontractor tasks outlined in Table 5.4.6.4.1., Subcontractor Task Allowances identified below will be considered distinct elements of the work and no more than the corresponding percentages shall be allotted for these tasks. The percentages are maximums per each contract. Actual bid percentages may come in lower. Should tasks overlap between subcontractors, the maximum percentage must be divided between the subcontractors so as not to be exceeded.

Table 5.4.6.4.1 Subcontractor Task Allowances

Subcontractor Tasks IFB Reference Sections

Contract Percentage Maximum

Imaging 6.4.3 1%

Deployment & Logistics 6.4.3 1% Asset Tagging 6.4.3 1%

Disposition & Disposal 6.4.3 1% Warranty Services 6.6 2% Installation 6.12.3 1%

Bidders must describe compliance with CUF requirement for each certified supplier (Bidder or subcontractors) on Exhibit 11.7A, Commercially Useful Function (CUF) Worksheet. Bidders must complete one (1) worksheet for each certified supplier.

Completed worksheets must be submitted with the Bidder’s proposal.

At the State’s option, Bidders may be required to submit additional written clarifying information regarding CUF. Failure to submit the requested written information, as specified, may be grounds for rejection of the proposal.

If the Bidder’s proposal involves the use of subcontractors for a portion of the contract, the Bidder must:

1) Explain how the bidder, as the prime contractor, will manage and control the work of the subcontractor(s).

2) Explain the roles assigned to the prime contractor and subcontractor(s) during the execution of the contract.

The Bidder must agree that all requirements will be adhered to and that requirements will apply to subcontractors even if subcontractor concurrence is not specifically defined in the Administrative Requirement. All subcontractors must comply fully with the administrative and technical requirements that are applicable with the portion of the work being delegated to the subcontractor.

Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work and percentages identified in the Exhibit 11.7 Bidder Declaration Form unless the State agrees to a substitution and it is incorporated by amendment to the contract. The contractor must have written agreement from the State prior to replacement or substitution of any subcontractor.

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5.4.6.5 Notice of Subcontractors (M)

Upon award to a Contractor, notice shall be given by the State to the subcontractors listed in Exhibit 11.7, Bidder Declaration Form (GSPD-05-105), of their participation in the contract. Notification to the subcontractor by the prime Contractor is encouraged immediately after award of an IFB.

5.4.7 California Disabled Veteran Business Enterprise (DVBE) Program Requirement (M) (E)

The State has established goals for DVBE participation in State contracts. For this procurement, the State has a minimum DVBE participation goal of three percent (3%) of the total contract dollar value.

Bidders must fully comply with Exhibit 11.8, California DVBE Participation Program Requirements.

Bidders are required to submit the completed Exhibit 11.7, Bidder Declaration Form (GSPD- 05-105), and all applicable supporting documentation with the proposal as prescribed in Exhibit 11.8, California DVBE Participation Program Requirements. Note: No actual dollar figures should appear on the Exhibit 11.7, Bidder Declaration Form (GSPD-05-105).

The Office of Small Business and Disabled Veteran Business Enterprise Certification offers program information and may be reached at:

Office of Small Business and DVBE Certification 707 Third Street, 1st Floor, Room 400 West Sacramento, CA 95605 Homepage: http://www.pd.dgs.ca.gov/smbus Receptionist: (916) 375-4940 Facsimile: (916) 375-4950

Note: Please read this requirement carefully. Failure to comply with the DVBE Program Requirement will cause your bid response to be deemed non-responsive and your firm ineligible for award of the proposed contract.

5.4.8 DVBE Declaration (M) (E)

Bidders who have been certified by California as a DVBE (or Bidders who have obtained the participation of subcontractors certified by California as a DVBE) must complete Exhibit 11.9, DVBE Declaration Form (STD 843), and include it with the bid. A copy of this form is also available for download at www.pd.dgs.ca.gov/smbus. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign this form.

5.4.9 SB/DVBE Off Ramp Provision (M)

Any contract awarded from this solicitation may be subject to the SB/DVBE off ramp contract provision. This contract provision allows State departments to purchase contract items listed herein from $0 up to $249,999.99 from California certified SB/DVBE firms in accordance with GC Section 14838.5 (a), (b) and (c) when specifically allowed and included in State contract user instructions.

When the Off Ramp Provision is allowed, a State department may, at its option, purchase goods from California certified SB or DVBE suppliers as long as the department obtains price quotations from two (2) or more businesses of the same certification type. All purchases using the SB/DVBE Off-Ramp will be for the same brands, models, and configurations listed per Section 6.10, Electronic Catalog/Contract Website, at the time of http://www.pd.dgs.ca.gov/smbus http://www.pd.dgs.ca.gov/smbus

5 - 9 05/03/2016 purchase. Product pricing offered under the SB/DVBE Off-Ramp must be at or below contract price.

Purchases which utilize the SB/DVBE Off-Ramp contract provision do not count toward the Contractor’s SB/DVBE participation.

The State reserves the right to rescind the SB/DVBE Off-Ramp provision at any time. If rescinded after contract award, the contract User Instructions will provide direction to State and local agency users.

5.4.10 Payee Data Record (M) (E)

All Bidders must complete Exhibit 11.10, Payee Data Record, and submit prior to contract award. A copy of this form is also available for download at http://www.documents.dgs.ca.gov/osp/pdf/std204.pdf.

http://www.documents.dgs.ca.gov/pd/contracts/forms/rfp/Exhibit 11_10_Payee_Data_Record_STD_204.pdf

5.4.11 Seller’s Permit (M) (E)

Bidders are required to complete Exhibit 11.11, Retailer’s Seller’s Permit Information, and include it with the bid. Bidders must also provide a copy of their retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization, prior to contract award.

Failure to do so may result in rejection of the bid.

5.4.12 Contract Terms (M)

All Bidders shall agree to accept all of the following terms and conditions:

• Exhibit 11.27, General Provisions (GSPD-401 Information Technology) revised 09/05/2014;

• Exhibit 11.27A, Information Technology Purchase Special Provisions revised 02/08/2007;

• Exhibit 11.27B, Information Technology Maintenance Special Provisions revised 01/21/2003;

• Exhibit 11.27C, Information Technology Software Special Provisions revised 01/21/2003; and

• Exhibit 11.27D, Information Technology Personal Services Special Provisions revised 02/08/2007.

5.4.13 Non-Discrimination Toward WTO GPA Signatories (M)

This IFB is subject to the requirements of the World Trade Organization (WTO) Government Procurement Agreement (GPA). All Bidders offering products or services of countries that are signatories to the WTO GPA and that have agreed to cover reciprocal sub-central coverage under the WTO GPA will be accorded non-discriminatory treatment in the award of contracts under this solicitation. These countries currently include the member States of the European Union (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and the United Kingdom), Israel, Japan, Korea, Norway, and Switzerland.

http://www.documents.dgs.ca.gov/osp/pdf/std204.pdf http://www.documents.dgs.ca.gov/pd/contracts/forms/rfp/Exhibit%2011_10_Payee_Data_Record_STD_204.pdf http://www.documents.dgs.ca.gov/pd/contracts/forms/rfp/Exhibit%2011_10_Payee_Data_Record_STD_204.pdf

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5.4.14 American Recovery and Reinvestment Act (ARRA) (M)

The Bidder agrees to comply with the American Recovery and Reinvestment Act of 2009 (ARRA) supplemental terms and conditions when notified by the ordering department that the purchase is being ARRA funded. The ARRA supplemental terms and conditions shall not replace standard state contract provisions. ARRA supplemental terms and conditions can be viewed at:

http://www.documents.dgs.ca.gov/pd/poliproc/ARRATand%20C081009final.pdf

5.4.15 Plastic Trash Bag Certification Violations (M)

Public Resources Code Section 42290, et seq., prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic bag certification requirements. This includes award of a State contract or subcontract or renewal, extension, or modification of an existing contract or subcontract. Prior to award, the State shall ascertain if the intended awardee or proposed subcontractor is a business identified on the current California Integrated Waste Management Board noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the Board of the proposed award and afford the Board the opportunity to advise the State. No award will be made when either the Bidder or a subcontractor has been identified either by the published list or by advice from the Board, to be in violation of certification requirements.

5.4.16 Loss Leader (M)

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 Section 17030 of the Business and Professions Code.

5.4.17 Darfur Contracting Act (M) (E)

Effective January 1, 2009, all Invitation for Bid (IFB) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act) (Public Contract Code (PCC) Sections 10475, et seq.; Stats. 2008, Ch. 272). 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, Section 10475.

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

Therefore, PCC, Section 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.

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

http://www.documents.dgs.ca.gov/pd/poliproc/ARRATand%20C081009final.pdf http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1699354030+1+0+0&WAISaction=retrieve http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1700184376+0+0+0&WAISaction=retrieve

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In order to meet this requirement, Bidders are required to complete Exhibit 11.12, Darfur Contracting Act, and submit it with their bid in accordance with Section 8, Proposal Format.

Failure to provide the completed exhibit will result in the bid being considered non-responsive.

5.4.18 Federal Debarment, Suspension, Ineligibility, and Voluntary Exclusion (M) (E)

Expenditures from this contract may involve Federal funds. The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the contract file a certification by the Contractor that they have not been debarred nor suspended from doing business with the Federal government. Bidders must complete Exhibit 11.13, Federal Debarment Certification Form.

5.4.19 Post-Consumer Recycled Content Certification (M) (E)

State departments are required to report purchases made within 11 product categories in the California Department of Resources Recycling and Recovery’s (CalRecycle), formerly the California Integrated Waste Management Board, State Agency Buy Recycled Campaign (SABRC) per Public Contract Code (PCC) Sections 12200-12217. In order to comply with those requirements, the Contractor(s) will be required to certify, in writing, the minimum percentage, if not the exact percentage, of post consumer recycled content material (PCRC) in each of the products and associated shipping/packaging materials offered as part of this solicitation.

Exhibit 11.17, Post-Consumer Recycled Content (PCRC) Certification Workbook contains the following documents:

1) PCRC Percentages Worksheet – Contractor(s) shall complete the PCRC Percentages Worksheet listing the percentage of post consumer recycled content material for each product offered.

2) Letter of Certification – Contractor(s) shall print and sign the Letter of Certification certifying that the minimum percentage, if not exact percentage, listed in the PCRC Percentages Worksheet is accurate. The Letter of Certification shall be furnished under penalty of perjury. The Letter of Certification shall be provided regardless of content, even if the product(s) contain no post consumer recycled material.

3) Reportable Product Categories Table – This table is provided for informational purposes only and identifies the 11 reportable SABRC product categories.

Within 30 calendar days from Notice of Intent to award, the Contractor will be required to provide a signed Letter of Certification and the completed PCRC Percentages Worksheet to the State Contract Administrator. The PCRC Percentages Worksheet shall be provided in hard copy and electronic copy (on a USB flash drive in Microsoft Excel format).

During the life of the contract, the Contractor(s) will be required to submit revised PCRC Certification Workbook information if percentages are adjusted or if substitute line items are approved by the State Contract Administrator.

The amount of PCRC for the products must also be identified in the electronic catalog.

5.5 Preferences and Incentives (NM)

Bidders who are requesting a preference or incentive must certify they will comply with the requirements of the applicable Acts as appropriate. The State will monitor the life of a contract awarded with any applied preference or incentive for compliance to statutory, regulatory and contractual requirements. After award, the Contractor is required to respond to the State’s request

5 - 12 05/03/2016 for evidence of performance. The State will take appropriate corrective actions and may apply sanctions as necessary to enforce preference and incentive programs.

Denial of any preference and/or incentive is not a basis for rejection of a bid.

5.5.1 Small Business Preference (NM) (E)

Section 14835, et seq. of the California Government Code requires that a five percent (5%) preference be given to Bidders who qualify as a California certified Small Business or Bidders who qualify as a non-small business claiming at least twenty-five percent (25%) California certified Small Business subcontractor participation.

The rules and regulations of this law, including the definition of a Small Business, or qualifying non-small business, are contained in Title 2, California Code of Regulations, Section 1896, et seq. Small Business Non-Profit Veteran Service Agencies (SB/NVSA) Bidders meeting requirements specified in Section 999.50, et seq. of the Military and Veterans Code and obtaining California certification as a Small Business are also eligible for this preference. Questions regarding regulations and/or certifications should be directed to the Office of Small Business and DVBE Services at (916) 375-4940.

Bidders desiring to claim this preference must submit completed Exhibit 11.14, Small Business Preference Information, and Exhibit 11.7, Bidder Declaration Form (GSPD 05- 105), with the bid.

For the purposes of this IFB, the Small Business Preference, if applicable, will be applied in accordance with Section 9, Evaluation.

Although the SB preference is non-mandatory, if the Bidder commits to SB participation, the Bidder shall meet their participation commitment as stated in Section 5.4.6, Bidder Declaration (GSPD-05-105).

5.5.2 DVBE Incentive (NM) (E)

In accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to Bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation, as identified on Exhibit 11.7, Bidder Declaration Form (GSPD-05-105), and confirmed by the State.

For the purposes of this IFB, the incentive amount for proposals will vary in conjunction with the percentage of proposed DVBE participation. The DVBE Incentive, if applicable, will be applied in accordance with Section 9.3.13.2, DVBE Incentive Calculation.

5.5.3 Target Area Contract Preference Act (TACPA) Preference (NM) (E)

Preference will be granted to California-based Contractors in accordance with Government Code, Section 4530 whenever contract for goods and services are in excess of $100,000 and the Contractor meets certain requirements as defined in the California Code (Title 2, Section 1896.30) regarding labor needed to produce the goods or provide the services being procured. Additional information regarding this program is available at:

http://www.pd.dgs.ca.gov/edip/tacpa.htm.

Bidders desiring to claim this preference must submit a fully executed copy of the following forms with their bid:

• Exhibit 11.16, TACPA Standard Form (STD 830);

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1700924670+0+0+0&WAISaction=retrieve http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1701254937+1+0+0&WAISaction=retrieve http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1701254937+0+0+0&WAISaction=retrieve http://www.pd.dgs.ca.gov/edip/tacpa.htm

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• Exhibit 11.16A, Manufacturer’s Summary of Contract Activities and Labor Hours (Form DGS/PD 525); and

• Exhibit 11.16B, Bidder’s Summary of Contract Activities and Labor Hours (Form

DGS/PD 526).

For the purposes of this IFB, the TACPA Preference, if applicable, will be applied in accordance with Section 9, Evaluation.

Note: The Bidder’s proposal need not contain these items if there is no intention to claim this preference.