Bid Notice-Boiler Maintenance Services.pdf

Governor Gavin Newsom

Administration Division, Office of Business and Acquisition Services | State of California | Government Operations Agency Contracts Services Section | 707 Third Street, MS 508 |West Sacramento, CA 95605

INVITATION FOR BID

Notice to Prospective Bidders

IFB – Boiler Maintenance

CR-25-301856

September 30, 2026

You are invited to review and respond to this Invitation for Bid (IFB) for boiler maintenance services being offered by the Department of General Services, Facilities Management Division (FMD).

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses (CCC 4/2017) that may be viewed and downloaded at the following internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the Acquisition Analyst listed below.

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 amount. Should prevailing wage be required, August 2026 rates will apply. Note: Bidder (and any listed subcontractor) must be registered with the Department of Industrial Relations (DIR), if required by law to do so.

In the opinion of the Office of Business and Acquisition Services (OBAS), this IFB is complete and without need of explanation. However, if you have questions regarding this IFB please contact the below listed Acquisition Analyst. Please note that verbal information given will not be binding on the State unless such information is issued in writing as an official addendum to this IFB.

Tim Dean, Acquisition Analyst Office of Business and Acquisition Services Contract Services Section 279-799-3919 Tim.Dean@dgs.ca.gov

Facilities Management Division IFB Boiler Maintenance; Building #024

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Table of Contents A. Purpose and Description of Services B. Bidder Minimum Requirements

1) Licenses:

2) Insurance:

3) References:

4) Disabled Veterans Business Enterprise (DVBE) Participation:

C. Bid Requirements and Information

1) Key Action Dates:

2) Non-Mandatory Walk-Through:

3) Written Questions:

4) Submission of Bid:

5) Rejection of Bid Submissions:

6) Errors in the Bid Submission:

7) Evaluation and Selection:

8) Award and Protest:

9) Disposition of Bids:

10) Performance of Service:

D. Preference and Incentive Programs

1) Small Business Preference:

2) Disabled Veteran Business Enterprise Requirement and Incentive:

3) Applying Preference and Incentives:

IFB ATTACHMENTS

ATTACHMENT 1 - BID SUBMISSION ATTACHMENT CHECKLIST

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

ATTACHMENT 3 - BIDDER DECLARATION

ATTACHMENT 4 - PAYEE DATA RECORD

ATTACHMENT 5 - BIDDER REFERENCES

ATTACHMENT 6 – DARFUR CONTRACTING ACT

ATTACHMENT 6A - CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT

ATTACHMENT 7 - PROOF OF INSURANCE

ATTACHMENT 8 - COST SHEET

ATTACHMENT 9 - SAMPLE AGREEMENT

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A. Purpose and Description of Services

1) The State of California (State), Department of General Services (DGS), Facilities Management Division (FMD) manages, maintains and operates state buildings and grounds statewide, pursuant to Government Code Section 14685 (a), which authorizes DGS to establish rules and regulations for the government and maintenance of state buildings and grounds. FMD is procuring services for Boiler Maintenance on state property.

2) Boiler Maintenance services will be performed at the following location:

Joe Serna Jr. (Building #024) 1001 I street Sacramento, CA 95814

3) The anticipated term of the contract will be for three (3) years.

4) The Bidder’s rates will stay in effect for the entire contract term. The Bidder will be afforded the opportunity at the non-mandatory walk-through to examine work sites and specifications and investigate conditions, character, and quality of surface, subsurface materials or obstacles and conditions that might be encountered. No additions or increases to the agreement amount will be made due to conditions that existed at the walk-through.

5) The Bidder’s required services are provided in Attachment 9, Sample Agreement. The winning Bidder will be required to adhere to all Agreement terms as indicated in Attachment 9, Sample Agreement. Please note that any orange font language in the attached sample contract is for informational purpose only and will not appear in the final contract.

6) This contract may be subject to Prevailing Wage. Contractor and Sub-contractor(s) must be registered with DIR, if required by law to do so, in order to submit a bid.

7) The Bidder must be advised of Executive Order N-6-22 Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order (EO) N-6-22 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, Bidder represents that it is not a target of Economic Sanctions. Should the State determine Bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Bidder’s bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State

CR 25-301856; Page 4 of 55 system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) §

4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

B. Bidder Minimum Requirements NOTE: Bidders that do not meet all minimum requirements will be rejected.

1) Licenses:

a. A Bidder must be registered with the State of California, Secretary of State, if required by law.

b. A valid Class C-4, Boiler, Hot Water Heating, and Steam Fitting license issued by the California Department of Consumer Affairs, Contractors State License Board.

2) Insurance:

A Bidder must submit current proof of insurance for only the following:

a. General Liability

b. Commercial Automobile Insurance

c. Worker’s Compensation

A certificate of insurance (COI) may be provided as proof of insurance. The COI or proof of insurance documents will be named Attachment 7, Proof of Insurance, and be submitted with the bid. Endorsements to insurance policies are not required for bid submission.

Endorsements to insurance policies are only required by the winning Bidder as indicated in Attachment 9, Sample Agreement.

NOTE: Contact your insurance representative to ensure your insurance program satisfies the requirements of the sample contract found in IFB Attachment 9, Exhibit D, Section 8, prior to bidding.

3) References: Bidders must provide three (3) or more references. Required Attachment 5, Bidder References, must be completed and submitted with the bid submission. NOTE:

References to include satisfactory job performance on operations within the last five (5) years that are similar to the services required in this solicitation.

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4) Disabled Veterans Business Enterprise (DVBE) Participation: Pursuant to Public Contract Code section 10115 subdivision (c) and Military and Veterans Code (MVC) section 999.2 subdivision (a), Bidders must meet a DVBE participation goal. The required participation for this agreement is 3%. Bidder must document the required DVBE program participation on Attachment 3, Bidder Declaration (GSPD-05-105).

NOTES:

Multiple DVBEs can be used to fulfill the requirements of this contract. Each DVBE must be listed on Attachment 3 (GSPD-05-105) Pursuant to MVC section 999.5, only a DVBE who performs a Commercially Useful

Function (CUF) relevant to the Scope of Work included in this IFB may qualify the Bidder, or be used to qualify the Bidder, for DVBE participation.

C. Bid Requirements and Information

1) Key Action Dates:

Listed below are the important action dates and times by which actions must be taken or completed. If OBAS finds it necessary to change any of these dates, it will be accomplished by addendum to this IFB.

Event Date Time (PT) IFB available to prospective bidders September 30, 2026 Non-Mandatory walk-through – Joe Serna Jr.

(Building #024) 1001 I street Sacramento, CA 95814

October 7, 2026 10:00 a.m.

Written Question Submission Deadline October 9, 2026 Questions and Answers to be Posted October 16, 2026 Deadline for Final Bid Submission October 27, 2026 2:00 p.m.

Bid Opening: May be attended In-person at address identified in Section C.7 below, or virtually via the following link) Teams meeting link: Join Here Teams meeting ID: 268 863 722 791 4 Teams Passcode: XA7sB9Jp

October 28, 2026 1:30 p.m.

2) Non-Mandatory Walk-Through:

a. The non-mandatory walk-through for each facility is scheduled according to the Key Action Date listed above. Bidders will need to present identification and sign in at each facility.

b. Any questions arising from the non-mandatory walk-through shall be submitted in writing to the Acquisition Analyst listed on the Notice to Prospective Bidders by the Key Action Date listed above.

c. In the event a Bidder is unable to attend the non-mandatory walk-through, an authorized representative may attend on their behalf. The representative may only attend for one

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(1) Bidder. Subcontractors may not represent a prime contractor at the non-mandatory walk-through.

d. Persons needing assistance due to a physical impairment will be given reasonable accommodation upon request for the non-mandatory walk-through. The Bidder must call Tim Dean at 279-799-3919 or email Tim.Dean@dgs.ca.gov no later than the fifth working day prior to the scheduled date and time of the non-mandatory walk-through to arrange for a reasonable accommodation.

3) Written Questions:

a. Bidders requiring clarification of the intent or content of this IFB, or on procedural matters regarding the competitive procurement process, may request clarification by submitting questions in writing. Bidders may submit questions to the Acquisition Analyst listed on the Notice to Prospective Bidders via email or via U.S. mail. If sending via U.S.

mail, the envelope must be clearly marked “Questions Relating to IFB Boiler Maintenance” and sent to the Acquisition Analyst listed on the Notice to Prospective Bidders for this IFB. To ensure a response, questions must be received in writing by the date given for written questions in Key Action Dates (See Section C.1.). Question and Answer Sets will be provided to all Bidders and will be posted as an official Addendum.

b. Requests for Changes to the IFB – If the Bidder believes that one or more of the IFB requirements is onerous, unfair, or imposes unnecessary constraints to the Bidder in proposing less costly or alternate solutions, the Bidder may request a change to the IFB by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. Such requests must be submitted to the Acquisition Analyst by the date specified herein for written questions concerning the IFB. Such changes will be made at the sole option of OBAS. If OBAS determines that any requested change is in the best interest of the State, all Bidders will be notified of the change in the form of an Addendum to this IFB.

c. If a Bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this

IFB, the Bidder will immediately notify OBAS of such error(s) in writing and request clarification or modification of the document. If a Bidder fails to notify OBAS, prior to the Deadline for Final Bid Submission, of an error known to the Bidder, or an error that reasonably should have been known, the Bidder will bid at their own risk, and if awarded the contract, will not be entitled to additional compensation or time by reason of the error or its later correction.

4) Submission of Bid:

a. The bid submission is a mandatory step for all Bidders. Bidders are strongly encouraged to carefully read the entire solicitation prior to a submission of bid. The need to verify all documentation and responses prior to the submission of the bid cannot be overemphasized.

b. Introduction letters, expensive bindings, colored displays, promotional materials, etc., should not be included in the bid submission and may cause the bid to be rejected.

Emphasis should be concentrated on conformance to the IFB instructions, CR 25-301856; Page 7 of 55 responsiveness to the IFB requirements and completeness and clarity of content.

Developing the bid submission and attending the non-mandatory walk-through is entirely the responsibility of the Bidder and will not be chargeable to the State.

c. The bid submission must be complete in all respects as described in this IFB. A bid submission may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A bid submission will be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements.

d. A completed bid package must consist of all items identified in the Attachment 1, Bid

Submission Attachment Checklist, including Attachment 1. Documents must be submitted in the order listed in Attachment 1, Bid Submission Attachment Checklist. A bid submission not including all required attachments will be deemed non-responsive.

A non-responsive bid is one that does not meet the basic bid requirements, and is considered a material deviation which is cause for rejection.

e. An individual who is authorized to bind the bidding firm contractually will sign

Attachment 2, Bid/Bidder Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. The “Bid/Bidder Certification Sheet” must be submitted with bid submission/package.

f. Bids and related documents must be completed in ink, typewritten or electronically prepared. No erasures or “white out” are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent to the error. The person signing Attachment 2, Bid/Bidder Certification Sheet, must initial corrections, in ink.

g. All documents requiring a signature must bear an original (wet) signature of a person authorized to bind the bidding firm. The Bidder will submit one copy of all required documents with original (wet) signatures. Electronic signatures including scans of wet signatures are permissible for all proposal documents.

h. The Bidder will deliver their sealed bid in such a way that the outside is clearly labeled as indicated below:

IFB Boiler Maintenance – CR 25-301856

DO NOT OPEN

Department of General Services, The Ziggurat Attn: Tim Dean, Office of Business and Acquisition Services, Mailstop 508

707 Third Street West Sacramento, CA 95605

i. MAILED BIDS: Shall be sent to the address above.

j. HAND DELIVERED BIDS: Shall be placed in the DGS/OBAS Bid/Proposal Drop Box located in the lobby at 707 3rd Street, West Sacramento, CA 95605. The Drop Box will be opened at 2:00PM Tuesday through Thursday and bids in the box will be certified as being received before 2:00PM that day.

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k. It is the responsibility of the Bidder to ensure timely delivery of the bid. A postmark or facsimile transmission will not be accepted as meeting the delivery time requirements.

Bidders hand-delivering their bids should allow extra time for traffic, sparse parking, slow elevators and clearing security procedures.

l. The bid submission implies no obligation on the part of FMD to purchase or contract for services.

5) Rejection of Bid Submissions:

a. A bid submission not received by the date and time specified in Section C.1. Key Action Dates, or not sealed, will be rejected.

b. Facsimile (FAX) and electronic submissions will not be considered.

c. The bid submission must not contain false or misleading statements, or provide contradictory attributes or conditions claimed by the Bidder. If, in the opinion of OBAS, such information was intended to mislead OBAS 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.

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

e. Any material submitted by any Bidder in the final bid submission that is marked “CONFIDENTIAL” or “PROPRIETARY” will cause the entire bid submission to be deemed non-responsive and rejected.

f. The State does not accept alternate contract language from a prospective contractor. A bid submission with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

g. OBAS is not required to award a contract. OBAS 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. OBAS’s 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.

6) Errors in the Bid Submission:

a. The Bidder is cautioned to not rely on OBAS during the evaluation to discover and report to the Bidder any defects and errors in the submitted documents. The Bidder, before providing a bid submission, should carefully proof their documents for errors and adherence to the IFB requirements.

b. The Bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the final bid submission deadline. Modifications offered in any other manner, oral or written, will not be considered.

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c. The Bidder may withdraw a bid by submitting a written withdrawal request to OBAS, signed by the Bidder or an authorized agent. A Bidder may thereafter submit a new bid prior to the final bid submission deadline. Bids may not be withdrawn without cause subsequent to final bid submission deadline.

d. OBAS may modify the IFB prior to the key action date for submission of bids by posting an Addendum on the CSCR website, located at the following address:

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx.

e. OBAS reserves the right to reject any/all bid submissions. OBAS is not required to award an agreement.

7) Evaluation and Selection:

a. The bid opening is open to the public and can be attended virtually as identified in

Section C.1 Key Action Dates. Bidders attending the bid opening in-person will need to meet and sign in at the security guard station in the lobby at the address below. A DGS representative will meet attendees in the lobby and escort all parties to the bid opening location.

Ziggurat Building 707 Third Street West Sacramento, CA 95605

The bid opening will consist of the opening of each bid received in a timely manner, checking the bid for the presence or absence of required signatures and checking the bid for the required attachments as identified on Attachment 1, Bid Submission Attachment Checklist. Bid submissions received after the Deadline for Final Bid Submission will not be opened. During the bid opening, OBAS will read aloud and record the Bidder’s Name and their Total Bid Amount onto a Preliminary Bid Tabulation.

Bidders do not need to attend the bid opening as the Preliminary Bid Tabulation will be made available immediately after the bid opening is completed and it will be emailed to the bidders that submitted a bid.

b. OBAS will appoint State employee(s) to further verify and evaluate the bid submissions as described in the IFB to identify the lowest responsive responsible bidder. The further review may also include, but is not limited to:

i. Cost Sheet calculations have been verified;

ii. SB Preferences have been evaluated, confirmed and calculated;

iii. DVBE Participation Requirement and Incentives have been evaluated, confirmed and calculated;

iv. Darfur certification has been evaluated;

v. California Civil Rights Attachment has been evaluated;

vi. Largest tax delinquents eligibility confirmed;

vii. Corporate standing has been verified with State of California, Secretary of State;

viii. Review of Russia Sanctions, pursuant to EO N-6-22;

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ix. Validation of References

x. Department of Industrial Relations (DIR) registration;

xi. Commercially Useful Function (CUF) analysis; and

xii. California State License Board License

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

d. The documents provided by the Bidder in their bid submission enable OBAS to evaluate for responsiveness. OBAS reserves the right to ask clarifying questions during evaluation, such as for CUF; however, the answers cannot change or alter the bid submission. Should a discrepancy exist between the answer provided and the bid submission, the bid submission will be considered correct.

e. The Bidder will need to complete the Cost Sheet including the calculations in the table(s) provided in IFB Attachment 8, Cost Sheet.

Sample of calculations for IFB Attachment 8, Cost Sheet, as follows:

Description

A B C D E F G

Number of Labor Hours

Normal Business

Hourly Rate2

Calculated Labor

Amount (A x B)

Part Replacement

Amount3

Total Combined

Replacement Amount (C + D)

Est Qty

Calculated Total

Amount (E x F)

Remove and Replace Thermostatic Valve

$125.00

$500.00 $250.00 $750.00 3 $2,250.00

Remove and Replace Water Safety Switch

6 $750.00 $150.00 $900.00 3 $2,700.00

Remove and Replace Gas Pressure Switch

2 $250.00 $75.00 $325.00 3 $975.00

FORESEEABLE REPAIR SERVICES TOTAL

(Sum of Column G) $5,925.00

f. If, in the further review of IFB Attachment 8, Cost Sheet, Table 1, 2, 4, and 5 a mathematical discrepancy is found, the line amounts for each lot listed in Column A will be considered correct and the discrepancy will be adjusted accordingly.

If, in the further review of IFB Attachment 8, Cost Sheet, Table 3 a mathematical discrepancy is found, the line amounts for each lot listed in Column B will be considered correct and the discrepancy will be adjusted accordingly.

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If a field within the Cost sheet is left blank, it will be construed as a bid of $0.00.

If a field within the Cost Sheet is marked with anything other than a number (e.g., “N/A”) the bid may be deemed nonresponsive.

g. The Total Bid Amount identified in the cost sheet summary will become the Net Bid Amount. The Net Bid Amount will be used to determine the lowest responsive responsible bidder to apply preference and incentives, as applicable, in a Final Bid Tabulation (sample in Section D.3. below).

h. OBAS will determine the validity of references, DIR registration, and signatory authority of winning bidder prior to awarding contract or posting Notice of Intent to Award.

OBAS’s determination of a bid being responsive and responsible will be final.

i. 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 FMD, is a reasonable price.

8) Award and Protest:

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

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

b. A Notice of Intent (NOI) to Award will be posted on the Department of General Services Office of Business and Acquisition Services webpage five (5) working days before the award of the contract, if required by law. NOIs will be posted on the Award Notifications Resource page at the following link: https://www.dgs.ca.gov/OBAS/Resources/Page- Content/OBAS-Resources-List-Folder/Award-Notifications.

c. If a Bidder, prior to the award of agreement, files a notice of protest with DGS/OLS, specifying the grounds that the Protestant was the lowest priced responsible Bidder, then the agreement will not be awarded until either the protest has been withdrawn or DGS/OLS has decided the matter.

Within five (5) days after filing the notice of protest, the Protestant will file with DGS a full and complete detailed written statement specifying the grounds for the protest. The notice of protest and the full and complete detailed written statement must be sent to:

Department of General Services, Office of Legal Services (OLS), Attention: Bid Protest Coordinator;

707 Third Street, 7th Floor, Suite 7-330;

West Sacramento, CA 95605;

Email Address: OLSProtests@dgs.ca.gov.

OLS will accept protests via mail, email or hand delivery; although, the preference is via email.

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d. News releases pertaining to any award resulting from this IFB may not be made without prior written approval of:

The Public Information Officer

707 Third Street, MS 101 West Sacramento, CA 95605

Phone: (916) 376-5037 Email: DGSPublicAffairs@dgs.ca.gov

9) 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.

b. Upon cancellation of the solicitation, the OBAS Acquisition Analyst will offer to return the bid at Bidder’s expense. A Bidder may request that OBAS destroy the bid, rather than pay for its return.

10) Performance of Service:

a. Upon award of contract, the winning Bidder must provide a COI within ten (10) working days from award of contract. This COI will identify the required insurance as indicated in Attachment 9, Sample Agreement, Exhibit D, Item 8, Insurance Requirement and will provide the required insurance endorsements as indicated in Attachment 9, Sample Agreement, in Exhibit D, Item 8, Insurance.

b. Upon award of the contract, the winning Bidder agrees to sign the contract on the State’s Standard Agreement (STD 213), with Exhibits. The STD 213 (See Sample Agreement provided in Attachment 9) must be signed by an individual authorized to bind the firm contractually.

c. Upon award of the contract, the winning Bidder will need to submit a signed certification page of the Contractor’s Certification Clauses (CCC 04/2017). If you do not have Internet access, a hard copy can be provided by contacting the Acquisitions Analyst listed on the Notice to Prospective Bidders of the IFB. Otherwise, the Contractor’s Certification Clauses are available on the OLS Standard Contract Language for Non-It Services web page.

d. Upon award of the contract, the winning bidder must provide a Payee Data Record STD

204 for each subcontractor listed on Attachment 3, Bidder Declaration (GSPD-05-105), within ten (10) working days.

e. Upon award of the contract, the winning bidder may need to provide a DGS PD 843

Disabled Veteran Business Enterprise Declarations form if the contractor is a DVBE within ten (10) working days. OBAS will also request a DGS PD 843 form from all DVBE subcontractors identified on Attachment 3, Bidder Declaration (GSPD-05-105) within ten

(10) working days of award. If you do not have Internet access, a hard copy can be

CR 25-301856; Page 13 of 55 provided by contacting the Acquisitions Analyst listed on the Notice to Prospective Bidders of the IFB. Otherwise, the DGS PD 843 is available at the following link:

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

f. If upon award of the contract, the lowest responsive responsible bidder refuses to or fails to execute the Contract, the State reserves the right to award to the second lowest responsive responsible bidder, if in the best interest of the state. If the second lowest responsive responsible bidder refuses to or fails to execute the contract, the State reserves the right to award to the third lowest responsive responsible bidder.

D. 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.

1) Small Business Preference:

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 preference 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 Final Bid Submission date. 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

To claim the Small Business Preference please see Attachment 3, Bidder Declaration

(GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may qualify the Bidder for a SB preference. A business that is performing a commercially useful function is one that does ALL of the following:

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

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

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iii. Performs work that is normal for its business, services and function;

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

v. 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.

b. Non-Small Business Subcontractor Preference:

A preference 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 Non-Small Business Subcontractor Preference please see Attachment 3, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may be used to qualify the Bidder for the Non-Small Business Subcontractor Preference. A business that is performing a commercially useful function is one that does ALL of the following:

involved;

iii. Performs work that is normal for its business, services and function;

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

v. Is responsible, with respect to products, inventories, materials, and supplies

2) Disabled Veteran Business Enterprise Requirement and Incentive:

There is a 3% DVBE participation minimum requirement for this contract. Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to Bidders who provide additional (more than the minimum requirement of 3%) DVBE participation on the contract.

The DVBE Incentive is as follows:

Confirmed DVBE Participation Incentive 7% and above 5% 6% to 6.99% 4% 5% to 5.99% 3% 4% to 4.99% 2%

3.01% to 3.99% 1%

CR 25-301856; Page 15 of 55

3% No incentive – minimum 3% participation required

0% - 2.99% Participation less than 3% is considered non-responsive

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).

a. Certified DVBE Bidder additional incentive considerations:

i. Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-

105).

ii. At the State’s option a DVBE Bidder working in combination with other DVBE(s) will submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105). When requested, the written confirmation must be submitted via email within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.

b. Non-DVBE Bidder additional incentive considerations:

i. Commit to using certified DVBE(s) for more than 3% of the bid value.

ii. Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-

105).

iii. At the State’s option prior to contract award, a Bidder is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105). The IFB Acquisitions Analyst named in the solicitation may contact each listed DVBE, by mail, email, fax or telephone, for verification of the Bidder’s submitted DVBE information. When requested, the document(s) must be submitted to the address specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.

c. Locating DVBE Subcontractors

iv. 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 and Disabled Veteran Business Enterprise Services,” then click “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) 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

CR 25-301856; Page 16 of 55

v. Local Resources: For a list of local DVBE organizations: https://www.dgs.ca.gov/- /media/Divisions/PD/OSDS/Certification/CUF/Referral- Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE264BE

NOTE: Pursuant to Military and Veterans Code section 999 only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may qualify the Bidder or be used to qualify the Bidder for a DVBE participation and/or DVBE incentive. A business that is performing a commercially useful function is one that does ALL of the following:

involved;

iii. Performs work that is normal for its business, services and function;

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

v. Is responsible, with respect to products, inventories, materials, and supplies

3) Applying Preference and Incentives:

a. Preferences and incentives are used for bid tabulation purposes to determine the lowest responsive responsible bid. 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 responsive and responsible bidder that is not a CA certified SB submits the lowest responsive bid. NSB will receive a 5% preference if the lowest responsive bid is not a SB after application of the SB Preference. (Note: Pursuant to Government Code (GC) 14838 (g) NSB claiming SB subcontractor preference cannot result in denial of the award to a certified SB.)

c. The DVBE incentive will be applied to each qualified bidder’s verified DVBE participation percentage from the number 1 ranked responsive and responsible net bid, regardless if the number 1 bidder is an SB/DVBE. If a SB is ranked number 1 after SB preference has been applied, the DVBE incentive is only calculated for bidders certified as SBs.

Sample bid tabulation on next page:

CR 25-301856; Page 17 of 55

Bidder A B C D Responsive & Responsible? Yes Yes Yes Yes

Small Business SB NSB No SB

NET BID AMOUNT $110,100.00 $109,500.00 $107,300.00 110,200.00

Initial Ranking 3 2 1 4 SB Preference Amount $5,365.00 none none $5,365.00

Subtotal -1 $104,735.00 $109,500.00 $107,300.00 $104,835.00 Ranking after SB Preferences 1 4 3 2

NSB Preference Amount (Applied only if Rank 1 bidder is not an SB after application of SB Preference)

$5,365.00 (Not applied as SB is rank 1 after SB Preference is Applied)

Subtotal -2 $104,735.00 $109,500.00 $107,300.00 $104,835.00 Ranking after NSB

Preference 1 4 3 2

DVBE Incentive % (Applied only to SBs if Rank 1 bidder is an

SB after application of SB Preference) 2% None 3% 3%

DVBE Incentive Amount $2,146.00 -

$3,219.00 (Not applied as SB is rank 1 after SB Preference is Applied)

$3,219.00

Subtotal - 3 $102,589.00 $109,500.00 $107,300.00 $101,616.00 Ranking after DVBE Incentive 2 4 3 1

CR 25-301856; Page 18 of 55

IFB ATTACHMENTS

ATTACHMENT 1 - BID SUBMISSION ATTACHMENT CHECKLIST

A complete bid submission 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 submission.

Attachment Required Attachment Name/Description

_____ Attachment 1 YES Bid Submission Attachment Checklist

_____ Attachment 2 YES Bid/Bidder Certification Sheet

_____ Attachment 3 YES Bidder Declaration

_____ Attachment 4 YES Payee Data Record

_____ Attachment 5 YES Bidder References

_____ Attachment 6 YES Certifications - Darfur Contracting Act

_____ Attachment 6A YES Certifications – Unruh Civil Rights Act (California Civil Rights Laws Attachment)

_____ Attachment 7 YES Proof of Insurance

_____ Attachment 8 YES Cost Sheet

The following attachment is included in the IFB as reference only and should not be included in the bid submission.

_N/A_ Attachment 9 NO Sample Agreement

CR 25-301856; Page 19 of 55

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 with electronic or original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

A. Our all-inclusive bid is submitted as identified on IFB Attachment 1, Bid Submission

Attachment Checklist.

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

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

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. Email Address

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 Disabled Veteran Business Enterprise (OSDS) as:

a. California Small Business Yes No

If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your certification number below:

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

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

CR 25-301856; Page 20 of 55

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 will 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 certification number 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 OSDS.

CR 25-301856; Page 21 of 55

ATTACHMENT 3 - BIDDER DECLARATION

A Bidder must complete the Bidder Declaration form GSPD-05-105, located at the following internet site: http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

If you do not have Internet access, a hard copy can be provided by contacting the Acquisition Analyst listed on the Notice to Prospective Bidders.

When completing the declaration, 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.

The completed Bidder Declaration GSPD-05-105 must be included in the bid submission, as Attachment 3.

CR 25-301856; Page 22 of 55

ATTACHMENT 4 - PAYEE DATA RECORD

A Bidder must complete the Payee Data Record form STD 204, located at the following internet site:

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

If you do not have Internet access, a hard copy can be provided by contacting the Acquisition Analyst listed on the Notice to Prospective Bidders.

The completed Payee Data Record STD 204 must be included in the bid submission, as Attachment 4.

CR 25-301856; Page 23 of 55

ATTACHMENT 5 - BIDDER REFERENCES

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

References to include satisfactory job performance on operations by the Bidder within the last five (5) years that are similar in scope and type of work required in this solicitation.

Reference 1 Name of Firm: Value of Service:

Address (Street, City, State, Zip Code)

Contact Person: Telephone Number:

Dates of Service: Email Address:

Brief Description of Service Provided:

Reference 2

Address (Street, City, State, Zip Code)

Contact Person: Telephone Number:

Reference 3

Address (Street, City, State, Zip Code)

Contact Person: Telephone Number:

CR 25-301856; Page 24 of 55

ATTACHMENT 6 – DARFUR CONTRACTING ACT

Bidder must complete and submit the Darfur Contracting Act Certification with their bid submission as Attachment 6.

Effective January 1, 2009, a company will not bid on or submit a proposal for a contract for goods or services without addressing the requirements of the Darfur Contracting Act of 2008 (Act). The Act was passed 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). Understand that a scrutinized company is a company doing business in Sudan as defined in Public Contract Code 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 unless it has been granted permission by the Department of General Services. (Pub. Contract Code § 10477, subd. (a)). The Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a State agency for goods or services, if it is in the best interest of the State.

Public Contract Code Sections 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. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either:

1. A contractor that has NOT had business activities or other operations outside of the United States within the previous three (3) years;

or

2. A contractor that has had business activities or other operations outside of the United States within the previous three (3) years, but is NOT a scrutinized company per Public Contract Code section 10476;

or

3. A contractor that is a scrutinized company as defined in Public Contract Code section 10476, but has received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477, subdivision (b).

CR 25-301856; Page 25 of 55

Darfur Contracting Act Certification

1. I, the official named below who is authorized to legally bind the bid submission, Certify under Penalty of Perjury that the contractor listed below has NOT had, within the previous three (3) years, business activities or other operations outside of the United States.

Contractor/ Company Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

OR

2. I, the official named below who is authorized to legally bind the bid submission, Certify Under Penalty of

Perjury that the contractor listed below has had, within the previous three (3) years, business activities or other operations outside of the United States, but is NOT a scrutinized company per Public Contract Code section 10476. This certification is made under the laws of the State of California.

Date Executed Executed in the County and State of

OR

3. We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to public Contract Code section 10477,…