Invitation for Bids for OCS Copper

Conductors

IFB No. HSR26-28

October 2, 2026

Revision(s) Date Description

0 10/2/2026 Initial Release

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

California High-Speed Rail Authority

Invitation for Bids

HSR26-28

Page ii of ii

NOTICE TO BIDDERS

IFB HSR26-28

October 2, 2026

You are invited to review and respond to this Invitation for Bids (IFB) entitled HSR26-28

– Copper Conductors. This IFB is advertised in the California State Contracts Register through Cal eProcure.

Bidders must check the California State Contracts Register website for addenda, modifications, and updates to the Bid Documents. The California High-Speed Rail

Authority is not responsible for failure of the prospective bidder to check for any Bid

Document updates, changes, or answers to questions posted on the California State

Contracts Register. Failure to periodically check the California State Contracts Register website will be at the bidder's sole risk.

In submitting your bid, you must comply with the instructions herein and in the

Instructions to Bidders.

The contact person for this IFB is:

Trevor Newhouse

California High-Speed Rail Authority

Phone: (916) 324-1541

Email: materialpurchase@hsr.ca.gov

Please note that no verbal information given will be binding upon the Authority unless such information is issued in writing as an official addendum.

IF

B N

O

H S

R

-2

IN

IT

IA

L

R E

LE

A

S E

0/

2/ http://www.caleprocure.ca.gov/

Page i of iii

NOTICE TO BIDDERS ................................................................................................................. II

INSTRUCTIONS TO BIDDERS

1. GENERAL BACKGROUND

2. PROCUREMENT OVERVIEW

3. TERMINOLOGY

3.1. DEFINITIONS

3.2. ACRONYMS

4. PROCUREMENT SCHEDULE AND PROCESS

4.1. AUTHORITY’S DESIGNATED POINT OF CONTACT

4.2. BIDDER INQUIRIES

4.2.1. BIDDER MEETINGS WITH THE AUTHORITY

4.3. NOTIFICATION OF DISCREPANCIES

4.4. ADDENDA

4.5. RULES OF CONTACT

4.6. ORGANIZATIONAL CONFLICTS OF INTEREST

4.7. NON-EXCLUSIVENESS OF SUBCONTRACTORS

4.8. NON-COMMITMENT OF AUTHORITY

4.9. BIDDER REQUIREMENTS

4.10. BIDDER’S BOND

4.11. TECHNICAL CRITERIA STATEMENT

4.12. PREVAILING WAGE

4.13. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION

4.14. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

4.15. EXECUTIVE ORDER N-12-23 – GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI)

4.16. THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

4.17. FEDERAL REQUIREMENTS

4.17.1. BUY AMERICA REQUIREMENTS

4.17.1.1. OVERVIEW

4.17.1.2. PART I: BUY AMERICA CERTIFICATION

4.17.1.3. PART II – BUY AMERICA AUDITS

4.18. SMALL BUSINESS GOAL COMMITMENT

5. BID SUBMISSION REQUIREMENTS

5.1. SUBMISSION OF BID

5.1.1. HARD COPY SUBMISSION

5.1.2. ELECTRONIC SUBMISSION

5.1.3. GENERAL SUBMISSION REQUIREMENTS

5.2. BID FORM

5.3. REQUIRED BID DOCUMENTS

5.3.1. REQUIRED FORMS

5.3.2. REQUIRED CERTIFICATIONS

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

Page ii of iii

5.3.3. OTHER REQUIRED DOCUMENTS

6. BID OPENING AND EVALUATION

6.1. BID OPENING

6.2. EVALUATION AND SELECTION

6.2.1. BID PRICE

6.2.2. PAST PERFORMANCE REVIEW

6.2.3. TIEBREAKERS

6.3. DISPOSITION OF BIDS

6.4. NOTICE OF PROPOSED AWARD

7. CONTRACT AWARD AND EXECUTION

7.1. BID VALIDITY PERIOD

7.2. NOTICE OF CONTRACT AWARD

7.3. CONTRACT EXECUTION

7.4. NO CONTRACT UNTIL SIGNED AND APPROVED

8. PROTEST PROCEDURES

8.1. GROUNDS FOR PROTEST

8.2. EARLY COMMUNICATION FOR CERTAIN PROTESTS

8.3. DEADLINES FOR PROTESTS

8.4. CONTENT OF PROTEST

8.5. FILING OF PROTEST

8.6. DECISION ON PROTEST

8.7. LIMITATION ON THE AUTHORITY’S LIABILITY

Forms and Certifications

Forms

Form A: Bid Certification

Form B: Bid Form

Form C: Information about Bidders

Form D: Schedule of Subcontractor(s)

Form E: Bidder Questionnaire

Form F: Past Performance Certification

Form G: Public Entity Questionnaire

Form H: Organizational Conflicts of Interest Disclosure Statement

Form I: Bidder’s Bond

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

Page iii of iii

Form J: Technical Criteria Statement

Certifications

Cert. 1: Debarment, Suspension, Ineligibility, and Voluntary Exclusion

Certification

Cert. 2: Non-Collusion Affidavit

Cert. 3: California Civil Rights Laws Certification

Cert. 4: Equal Employment Opportunity Certification

Cert. 5: Non-Discrimination Certification

Cert. 6: Certification Regarding Lobbying

Cert. 7: Buy America Compliance Certification

Cert. 8: Iran Contracting Certification

Cert. 9: Darfur Contracting Act Certification

Cert. 10: Certification Regarding Miscellaneous State Requirements

Cert. 11: DGS Form - STD 204

Cert. 12: Bidder’s Small Business Program Goals Commitment Affidavit

Attachments

Attachment A: Required Bid Documents Checklist

Attachment B: Past Performance Review Checklist

Attachment C: Sample Contract, including Exhibit A through Exhibit D

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

INSTRUCTIONS TO BIDDERS

1. General Background

The California High-Speed Rail Authority (Authority) is responsible for planning, designing, building, and operating the first high-speed rail system in the nation.

California high-speed rail will connect the mega-regions of the state, contribute to economic development and a cleaner environment, create jobs, and preserve agricultural and protected lands.

The Authority may enter into contracts with private and public entities for the design, construction, and operation of high-speed rail trains including all tasks and segments thereof pursuant to California Public Utilities Code section 185036.

With this procurement, the Authority seeks to purchase materials necessary for the construction of its high-speed rail track and overhead contact system (OCS).

Materials specifically sought under this Contract are OCS Copper Conductors compliant with the requirements set forth at Exhibit A (Technical Specifications) of Attachment C, (Sample Contract).

This procurement is funded with State of California and, potentially, with federal funds, including, but not limited to, funds provided by the Federal Railroad

Administration (FRA) and funds made available through the various federal funding grant programs and, therefore, requires compliance with certain federal provisions in the contract.

Plan for First Track & Systems Construction - The Authority intends to begin construction of track and systems (including OCS, traction power, signal, and communications) in 2026 to allow an initial segment of track to begin construction in 2026. This plan is subject to the means and methods to be employed by the

Track and Systems Construction Contract (TSCC) contractor. This TSCC contractor is anticipated to begin work in the second quarter of 2026 and shall work under multiple Notices to Proceed (NTPs) that are arranged with the

Authority. The plan, subject to successful NTPs, is to construct across the entire

119-mile First Construction Section (FCS). The FCS is composed of single track and passing loops of approximately 138 miles of optimized single track and systems, with an option to continue to complete track and systems work for the entire 171-mile limits of the Early Operating Segment (EOS).

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

The assumed plan anticipates that work will begin at the Wasco (Kern County) railhead and build to the north through Construction Package 4 (CP 4;

approximately 22 miles single track, no passing loops). The Wasco railhead is approximately 160 acres of storage area, with a direct rail connection to BNSF

Railway (BNSF). Next, the TSCC is expected to continue and extend the track work into the southern portion of Construction Package 2-3 (CP 2-3(65 miles of single track with 2 passing loops that total 5 miles). This is subject to the contractor on CP 2-3 having completed their work. With completion, or a plan around that event, construction into CP 2-3 will continue as allowed.

Presently, the Authority envisions that the process will then reach a halfway point within the 119 miles of the FCS where the TSCC contractor may shift the work from the Wasco railhead to a Fresno railhead. The Fresno railhead will be used to access Construction Package 1 (CP 1; 31 miles of single track with 3 passing loops that total about 15 miles) and to complete the northern elements of CP 2-3.

The Fresno railhead will have a rail connection to BNSF and may have a rail connection to Union Pacific Railroad (UPRR).

Thematically, the assumed plan is to begin the track and systems and to not have idle times in the flow of work. The TSCC contractor will be responsible for arranging the work subject to areas of access and the major material management process assigned to the TSCC. The process assumes that the

OCS pole foundations will be installed first, followed by installation of the track, and will conclude with OCS installation. OCS Copper Conductors will be installed in embedded troughs.

2. Procurement Overview

A. The Authority now seeks to procure OCS Copper Conductors compliant with the technical requirements set forth in Exhibit A of Attachment C.

B. OCS Copper Conductors will be used in railway and train systems to transit electrical power control signals and communications.

1. The Authority will use a one-step procurement process to select the responsible and responsive Bidder offering the lowest Bid to manufacture and deliver the OCS Copper Conductors in accordance with the requirements of the Contract set forth as Attachment C to this IFB. The initial term of the

Contract resulting from this IFB will be one to three years (see Exhibit B of

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

Attachment C, Table 1). The Contract will be delivered through multiple

Notices to Proceed (NTPs) as described below. The Contract will include an initial authorization to manufacture and supply materials as directed by specific Delivery Orders for NTP 1. The Contract will include options to issue

NTP 2, and NTP 3 at a later date.

i. NTP 1: To be issued for the manufacture and supply of OCS

Copper Conductors for use in construction over the 119-mile First

Construction Section. The not-to-exceed dollar value for all materials procurements (including OCS Poles, Long Welded Rail, Concrete Ties, Ballast, OCS Components, Fiber Optic Cables, OCS Copper Conductors, OCS Aluminum Conductors, and Cable

Troughs), is estimated to be a combined total of $507,100,000.

Contracts have been executed for Long Welded Rail, Concrete

Ties, Ballast, OCS Poles, and Cable Troughs. As set forth at

Section 30 of the General Provisions, the actual amount of Work requested by the Authority under a Contract resulting from this IFB is subject to availability of funding.

ii. NTP 2: To be issued for the manufacture and supply of Materials for use in construction on the northern extension (Merced to

Madera).

iii. NTP 3: To be issued for the manufacture and supply of Materials for use in construction on the southern extension (Poplar Avenue in the County of Kern to Bakersfield).

C. This IFB will be available in electronic format on the California State Contracts

Register website (Cal eProcure).

D. Bids and required documents shall be submitted via delivery to the Authority pursuant to Section 5.1, no later than the time specified in this IFB in the

Procurement Schedule (Section 4, Table 1).

E. Shipping / Logistics

1. Contractor shall deliver the Materials pursuant to the terms set forth in

Sections 2 and 20 of the General Provisions (Attachment C, Exhibit B).

2. Delivery locations are as follows:

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/ http://www.caleprocure.ca.gov/

i. To the Authority’s Wasco railhead located in Kern County bounded by SR 43 to the west, Merced Avenue to the south, and Poplar

Avenue to the east for approximately 1/3 of the total quantities

(Wasco railhead).

ii. To the Authority’s railhead that is anticipated to be located in

Fresno County and bounded by E. American Avenue to the south and S. Cedar Avenue to the west for the remaining quantities

(Fresno railhead).

3. Terminology

Capitalized terms and acronyms used in this document without definition shall have the meaning ascribed to them in this Section 3. Additional defined terms are included in the General Provisions.

3.1. Definitions

Addendum: A revised version of these solicitation documents that supersedes all prior versions.

Affiliate: (a) Any Person that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, Contractor or any of its members, partners or shareholders holding a

10 percent or greater interest in Contractor; (b) Any Person for which 10 percent or more of the equity interest in such Person is held directly or indirectly, beneficially or of record by: (i) Contractor; (ii) Any of

Contractor’s members, partners or 10 percent or greater shareholders; or

(iii) Any Affiliate of Contractor under part (a) of this definition; and/or (c)

Subcontractor affiliates determined using the definition in “a” and “b” above, but substituting the term “Subcontractor” for “Contractor.” For the purposes of this definition, the term “control” means the possession, directly or indirectly, of the power to cause the direction of the management of a Person, whether through voting securities, by contract, family relationship or otherwise.

Authority: The California High-Speed Rail Authority, which may include the Authority’s authorized representatives.

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

Authority Board: The California High-Speed Rail Authority Board of

Directors.

Authority’s Designated Point of Contact: The representative of the

Authority identified in Section 4.1.

Bid: The offer of a Bidder to perform the Work in accordance with the

Contract for the price provided for each Bid Item and as a whole.

Bid Form: The form that will be submitted as part of the Bidder’s Bid

Package, under separate seal, and pursuant to instructions at Section 5.2, that represents the Bidder’s Bid.

Bid Item: Work unit for which the Bidder provides a price.

Bid Documents: The documents required for submittal.

Bid Package: The documents that comprise all required submittals by a

Bidder for the Authority to consider a Bidder’s Bid to be responsive for this procurement.

Bidder: A person or entity that submits a Bid in response to this procurement.

Bidder’s Official Representative: A person authorized to communicate, sign documents, and bind the bidding firm on behalf of the Bidder.

Bidding Team: Collectively, the Bidder and its members and

Subcontractors.

Business Day: Monday through Friday, except for federal or State of

California holidays, between the hours of 8:00 a.m. and 5:00 p.m., Pacific

Time. Lists of federal and State of California holidays can be found at the

U.S. Office of Personnel Management and California Department of

Human Resources websites, respectively.

Contract: The written agreement between the Authority and the successful Bidder (Contractor) executed as a result of this procurement.

Contractor: The successful Bidder that executes the Contract with the

Authority as a result of this procurement.

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/ http://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview http://www.calhr.ca.gov/employees/pages/state-holidays.aspx http://www.calhr.ca.gov/employees/pages/state-holidays.aspx

Day or day: Calendar Day, unless otherwise noted.

Disabled Veterans Business Enterprise (DVBE): A for-profit business concern that meets the certification requirements set forth in California

Military and Veterans Code section 999(b)(7), including, but not limited to, at least 51 percent ownership by a veteran of the United States Military who has at least a 10 percent service-connected disability. To be counted towards meeting the goals of the SB Program, a Disabled Veteran

Business Enterprise must: (1) Be certified by DGS’ Office of Small

Business and Disabled Veteran Business Enterprise Services, and (2)

Perform a CUF, as defined herein, in providing services or goods that contribute to the fulfillment of the contract requirements for this procurement.

Early Operating Segment (EOS): The fully electrified, dedicated section of the System upon which the Authority will conduct initial passenger revenue operations. It is approximately 171 miles in length beginning on the north side of Merced Station at R street in Merced and extending to the south side of the Bakersfield Station at Chester Avenue in Bakersfield.

Equity Member: Any Person having an ownership interest in the entity that is a Bidder, including any joint venture member, general partner, or member thereof, if Bidder is a joint venture, partnership, or limited liability company.

First Construction Section (FCS): A component of the EOS over which the Authority will complete testing and commissioning activities necessary to certify the System. It is approximately 119 miles in length beginning at

Avenue 19 in the County of Madera and extending to Poplar Avenue in the

County of Kern.

Grant/Cooperative Agreements: Any federal agreements between the

Authority, the Federal Railroad Administration (FRA), the United States

Department of Transportation (U.S. DOT), and/or any other federal agency providing terms for expenditure of federal funds, including but not necessarily limited to, FRA Grant Cooperative Agreement numbers FR-

HSR-0118-12, as amended (FY 10 Grant), FR-HSR-0009‐10‐01‐07, as amended (ARRA Grant), and Federal Railroad Administration Grant

Cooperative Agreement No. 69A36524521070FSPCA (FSP Grant).

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

Materials: The goods to be Bid under this procurement that are the subject of the Contract.

Microbusiness: A for-profit small business concern that meets the certification requirements set forth in California Government Code section

14837(d) and California Code of Regulations, title 2 sections 1896.4

(Definitions) and 1896.12 (Eligibility), including but not limited to, its principal office is located in California, its owners reside in California, it is not dominant in its field, and it has an average gross revenue of $6 million or less over the previous three tax years. To be counted towards meeting the goals of the SB Program, a Microbusiness must be certified by DGS.

OCS Copper Conductors / Copper Conductors: Conductors shall meet the requirements in the Technical Specifications, including but not limited to, specific conductor size, material, stranding, insulation, voltage rating, temperature rating, and current carrying capacity. Copper shall be of specified electrical conductivity and shall be free from defects, corrosion, contamination or other conditions that could adversely affect performance.

Open Government Laws: Collectively, the California Public Records Act

(Government Code sections 7920.000, et seq.), the Bagley-Keene Open

Meeting Act (Gov. Code section 11120 et seq.), and the Freedom of

Information Act (FOIA) (5 U.S.C. section 552, as amended by Public Law

No. 104-231, 110 Stat. 3048), and other applicable State and federal open records laws.

Party or Parties: Individually referring to the Authority or the Contractor or collectively referring to the Authority and the Contractor, as the context permits.

Person: Any individual or entity, including corporation, limited liability company, sole proprietorship, joint venture, partnership, trust, voluntary association, unincorporated organization, or governmental agency including the Authority.

Public Records Act: The California Public Records Act (Government

Code sections 7920.000, et seq.)

Small Business: A for-profit business concern that meets the certification requirements set forth in the California Small Business Procurement and

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

Contract Act in California Government Code section 14837(d) and Title 2

California Code of Regulations sections 1896.4 (Definitions) and 1896.12

(Eligibility), including, but not limited to, that its principal office is located in

California, its owners reside in California, it is not dominant in its field, and it has average gross annual revenue of $18 million or less over the previous three tax years. To be counted towards meeting the goals of the

SB Program, a SB must be certified by DGS.

Small Business Program: The Authority’s High-Speed Rail Business

Program Plan (Revised November 2023). A program that sets forth the

Authority's requirements for Small Business Participation, Disabled

Veteran Business Enterprises, and Disadvantaged Business Entities. See

Policy & Program Plan - California High-Speed Rail.

State: The state of California.

Subcontractor: Any Person with whom Contractor has entered into any

Subcontract and any other Person with whom any Subcontractor has further subcontracted any part of the Work, at any tier. The term

Subcontractor includes, but is not limited to, suppliers, sub-suppliers, vendors and sub-vendors.

System: The entire high-speed rail system as described in California

Proposition 1A (2008), including Phase 1, which shall run from the San

Francisco Bay Area to the Los Angeles basin, and Phase 2, which shall run from Sacramento to San Diego.

Work: All tasks required under the Contract resulting from this IFB.

3.2. Acronyms

CalSTA California State Transportation Agency

Caltrans California Department of Transportation

CCR California Code of Regulations

CEO Chief Executive Officer or Executive Director

CEQA California Environmental Quality Act of 1970

C.F.R. Code of Federal Regulations

CUF Commercially Useful Function

CWDM Coarse Wavelength Division Multiplexing

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

DB Decibel

DBE Disadvantaged Business Enterprise

DGS California Department of General Services

DWDM Dense Wavelength Division Multiplexing

EIA Electronic Industries Alliance

EIR Environmental Impact Report

EIS Environmental Impact Statement

EMI Electromagnetic Interference

EN European Norm (European Standard)

ESG Environmental, Social, and Governance

FOIA Freedom of Information Act

FRA Federal Railroad Administration

GenAI Generative Artificial Intelligence

HSR High-Speed Rail

ICCTA Interstate Commerce Commission Termination Act of 1995

IFB Invitation for Bids

Km Kilometer

ISO International Organization for Standardization

ITU-T International Telecommunication Union

IEC International Electrotechnical Commission

MB Micro Business

MVC Military and Veterans Code

NEPA National Environmental Policy Act of 1969

OCC Operation Control Center

OCS Overhead Contact System / Overhead Cable System

ODF Optical Distribution Frame

OSDS Office of Small Business and DVBE Services

PCC Public Contract Code

QA Quality Assurance

QC Quality Control

RFP Request for Proposal

RAM Reliability, Availability, and Maintainability

SB Small Business

TIA Telecommunications Industry Association

U.S. DOT United States Department of Transportation

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

4. Procurement Schedule and Process

This schedule is subject to modification at the sole discretion of the Authority.

Bidders will be notified of any change in the IFB Schedule by an Addendum to this IFB. Dates subsequent to the Bidding Deadline may be modified at the discretion of the Authority without issuing an Addendum. Unless otherwise indicated, all Bidder deadlines are 12:00 p.m. Pacific Time.

Table 1: Procurement Schedule

Key Dates Activity Description

Thursday, October 2, 2026 IFB available to prospective bidders

Wednesday, October 14, 2026 Requests for meetings with Authority due

Mon – Fri, Oct. 19-23, 2026 One-On-One meetings with the Authority

Friday, October 23, 2026 Written questions regarding IFB are due

Friday, October 30, 2026 Authority responses to questions released

Friday, November 13, 2026, 12:00pm PST

Bid Submission (Bidding Deadline)

Friday, November 13, 2026, 2:00pm PST

Bid Opening

December 2026 - January 2027 Proposed start date for Executed Contract

4.1. Authority’s Designated Point of Contact

The Authority’s Designated Point of Contact for communications concerning this

IFB shall be as follows:

Trevor Newhouse

California High-Speed Rail Authority

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

770 L Street, Suite 620

Sacramento, CA 95814

Phone: (916) 324-1541

Email: MaterialPurchase@hsr.ca.gov

Persons intending to submit Bids in response to this IFB shall not contact or discuss any items related to this process with any Authority Board member or

Authority staff other than the Point of Contact listed above, either directly or through intermediaries. Failure to comply with this communication prohibition may result in disqualification. See Section 4.5, Rules of Contact, for more information.

4.2. Bidder Inquiries

Submit all written questions via email to the Authority’s Designated Point of

Contact identified in Section 4.1 of these Instructions to Bidders no later than the date and time specified in Section 4, Table 1, Procurement Schedule. All such emails should use the subject line: HSR26-28 Invitation for Bids for OCS Copper

Conductors and should clearly indicate in the body of the message the part, section, and page number about which the question is regarding. If multiple questions are submitted, each question should be clearly numbered and have the relevant part, section, and page number indicated at the start of the question.

Responses to questions submitted will be posted on the California State

Contracts Register for the benefit of all Bidders.

4.2.1. Bidder Meetings with the Authority

The Authority shall conduct one-on-one meetings, virtually on dates designated by the Authority in writing, with each interested Bidder that submits a request to meet.

The Authority reserves the right to disclose to all Bidders any information raised during one-on-one meetings, except to the extent that the Authority determines, in its sole discretion, such disclosure would reveal a Bidder’s confidential business strategy. Meetings are intended to provide clarification to the IFB and address any concerns that Bidders may have regarding the requirements set forth in this IFB by the Authority.

The one-on-one meetings are subject to the following:

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/ mailto:MaterialPurchase@hsr.ca.gov

A. The Authority will not discuss with any Bidder any Bid other than its own.

B. Bidders shall not seek to obtain commitments from the Authority in the meetings or otherwise seek to obtain an unfair competitive advantage over any other Bidder.

C. No aspect of these meetings is intended to provide any Bidder with access to information that is not similarly available to other Bidders, and no part of the evaluation of Bids will be based on the conduct or discussions that occur during these meetings.

D. Persons attending the one-on-one meetings will be required to sign an acknowledgment of the foregoing rules and to identify all participants from

Bidder Team that are present at the one-on-one meeting.

All communications shall be sent to materialpurchase@hsr.ca.gov.

4.3. Notification of Discrepancies

If a Bidder discovers ambiguities, conflicts, discrepancies, omissions, or errors in the Contract, the Bidder shall immediately notify the Authority in writing and request modification or clarification. If needed, such modifications or clarifications will be made by addenda.

If the Bidder who is awarded the Contract has failed to notify the Authority of any discrepancy known prior to the date and time of the Bid Opening, no additional compensation or time shall be allowed by reason of the discrepancy or its later correction.

4.4. Addenda

The Authority reserves the right to revise this IFB at any time before the Bidding

Deadline. Such revisions, if any, will be announced by addenda to this IFB. The

Authority will post all addenda on the State Contracts Register. Bidders shall be solely responsible for monitoring the State Contracts Register and for examining, with appropriate care and diligence, the IFB, any addenda issued, and material posted on the State Contracts Register. Any failure of Bidder to so examine and inform itself shall be at Bidder’s sole risk, and no relief for error or omission will be provided by the Authority.

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/ mailto:materialpurchase@hsr.ca.gov

4.5. Rules of Contact

For purposes of this section, the definitions of Bidder and Bidder Team shall include potential Bidders and potential Bidder Teams as this section specifically applies to all interested parties from the date of issuance of the IFB. The following rules of contact shall apply during this procurement that began upon the date of issuance of this IFB and will be completed with either the execution of the

Contract resulting from this procurement, or the cancellation of the procurement.

These rules are designed to promote a fair and unbiased procurement process.

Contact includes, but is not limited to, face-to-face, telephone, web-based meeting platforms (including viewing/sharing information on screen), text message/SMS, facsimile, email, electronic messaging of any kind or formal written communication. Contact and communications include direct contact or direct communication and those made through an intermediary.

The specific rules of contact are as follows:

A. No Bidder, or any of its team members, may communicate with another

Bidder or its team members with regard to the IFB or any other team’s Bid with the exception of Subcontractors that are shared between two or more

Bidder Teams. In such cases, those Subcontractors may communicate with their respective team members so long as those Bidders establish a protocol to ensure that the Subcontractor will not act as a conduit of information between the teams. Contact among Bidder organizations is allowed during

Authority sponsored informational meetings. Protocols established to ensure that Subcontractors do not act as conduits of information between teams are subject to Authority review and approval, at the Authority’s discretion.

B. Bidders shall correspond with the Authority regarding the IFB only through the

Authority’s Designated Point of Contact.

C. Except for communications expressly permitted by the IFB or approved in advance by the Authority’s Chief Counsel in their sole discretion, no Bidder or representative thereof shall have any ex-parte communications regarding the

IFB or the procurement described herein with any member of the Authority

Board or with any Authority staff. This includes any of the Authority’s advisors, contractors, or consultants (and their respective affiliates) that are involved with the procurement.

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

D. Bidders shall not contact the entities listed below, including any employees, representatives, and members regarding this IFB:

1. Federal Railroad Administration (FRA);

2. California State Transportation Agency (CalSTA);

3. California Department of Transportation (Caltrans);

4. California Department of General Services (DGS);

5. California High-Speed Rail Authority, including the Authority Board, except as provided in this RFP; and

6. Firms subject to Bidder ex parte communications prohibitions during this procurement (Table 2).

E. The foregoing restrictions shall not, however, preclude or restrict communications with regard to matters unrelated to the IFB, or the procurement, or from participating in public meetings with the Authority or any

Authority workshop related to this IFB.

F. Any communication determined to be improper, at the sole discretion of the

Authority, may result in disqualification.

G. The Authority will not be responsible for any oral exchange or any other information or exchange that occurs outside the official IFB process.

Table 2: Firms Subject to Bidder Ex Parte Communications Prohibitions During this

Procurement

Firms

AECOM Network Rail Consulting

ARUP Nossaman, LLP

Ashurst, LLP Ricardo

Bluebird Advisors Rutan and Tucker LLP

Cordoba Corporation Systra

DB E.C.O. North America Inc. Turner & Townsend

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

Egis Typsa

Ernst & Young, LLP WSP Canada

Fluor WSP USA

KPMG, LLP

4.6. Organizational Conflicts of Interest

The use of the term “Bidder” in this section specifically applies to all interested parties from the date of issuance of the IFB including but not limited to Bidders, potential Bidders, and subcontractors. The Authority has adopted an

Organizational Conflicts of Interest Policy (Policy) that will apply to this procurement and the resulting Contract, in addition to the Authority’s Conflict of

Interest Code and other applicable requirements. The Policy can be found on the

Authority’s website.

Bidders are advised to carefully review the Policy, and to have their team members review the Policy, since it includes provisions that may:

1. Preclude certain firms from participation in this procurement; and

2. Affect the ability of a Bidder, its subcontractors, and their Affiliates (as defined in the Policy) to contract with the Authority.

Failure to comply with the Policy in any respect, including the failure to disclose any actual, perceived, or potential organizational conflict of interest, may result in serious consequences as described in section V(2) of the Policy.

An organizational conflict of interest is a circumstance arising out of a Bidder or

Contractor’s existing or past activities (including projects outside of the

Authority’s program), business or financial interest, familial relationships, contractual relationships, and/or organizational structure (i.e., parent entities, subsidiaries, Affiliates, etc.) that results in or would result in the following:

1. Impairment or potential impairments of a Bidder to the Authority or of its objectivity in performing work for the Authority;

2. An unfair competitive advantage for any Bidder submitting a Bid on an

Authority procurement; or

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/ https://hsr.ca.gov/business-opportunities/general-info/organizational-conflict-of-interest-policy/

3. A perception or appearance of impropriety with respect to any of the

Authority’s procurements or contracts, or a perception or appearance of unfair competitive advantage with respect to a procurement by the

Authority (regardless of whether any such perception is accurate).

If an organizational conflict of interest is found to exist, the Authority may:

1. Disqualify the Bidder; or

2. Determine that the Authority may contract with such Bidder if it is appropriate and possible to mitigate, neutralize, or avoid such conflict, which may include the addition of mitigation provisions to in the Contract awarded.

Each Bidder shall fully disclose any actual, perceived, or potential organizational conflicts of interest in its Bid using Form H, Organizational Conflicts of Interest

Disclosure Statement. Form H shall be filled out and signed, under penalty of perjury, by the Bidder, including a separate Form H for all members if bidding as a joint venture. A separate Form H shall also be filled out and signed, under penalty of perjury, by each Bidder Team member, including all subcontractors.

Form H requires a statement, signed under penalty of perjury by the company’s executive that the company considered the Policy and performed conflicts checks prior to submitting its Bid. The refusal to provide the required disclosure, or any additional information required, may result in disqualification of the Bidder.

If nondisclosure or misrepresentation is discovered after award of the Contract resulting from this procurement process, the Contract may be terminated.

Note that business relationships on projects other than the California High-Speed

Rail project may require disclosure if they involve consultants or contractors working on the California High-Speed Rail project.

By submitting its Bid, each Bidder agrees that, if an organizational conflict of interest is discovered following submittal of the Bidder, including after any contract award arising out of this IFB process, the Bidder will make an immediate and full written disclosure to the Authority that includes a description of the action taken, or proposed to be taken, to avoid or mitigate such conflicts. To the extent applicable, the Contractor is required to self-certify annually that all required

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/ organizational conflict mitigations are in place, and Authority Contract Managers will enforce and provide oversight for required conflict mitigations.

If a Bidder requires an organizational conflict of interest determination related to this procurement, Bidder shall immediately consult the Policy and provide the required information to the Authority’s legal department at Legal@hsr.ca.gov with a copy to the lead attorney for this procurement, Krassimire Krossov, krassimire.kostov@hsr.ca.gov. To expedite the determination process, the requestor is asked to provide the following information with the request:

Organizational Conflict of Interest Checklist:

A. A summary of each of your company’s current and former contracts with the Authority, either as a contractor or subcontractor (include project section(s), if applicable, and the current status).

B. A brief description of the scopes of work for the above-identified contracts, including tasks, deliverables, and key roles of personnel, if applicable.

C. A brief description of the work, tasks, deliverables, and any key roles that your company expects to perform relative to the contract resulting from this procurement. (If not yet final, please be as detailed as possible.)

D. A statement about whether your company or principals/employees of your company had any role in the development of this procurement or scope of work.

E. A statement about whether your company or principals/employees of your company have learned, received, or were privy to any non-public information regarding the scope of work, content, or development of this procurement.

F. Information regarding the type of entity and/or corporate make-up of your company (for example, an LLC, sole proprietorship, corporation, etc.). If applicable, include whether it is a subsidiary of another company and/or if it is owned, in whole or in part, by another contractor working on the project.

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/ mailto:Legal@hsr.ca.gov mailto:krassimire.kostov@hsr.ca.gov

G. If your company is planning to seek work related to other Authority procurements, provide information regarding the procurement and the scope of work your company would likely perform.

H. Any other information and/or documents that you believe are relevant to this analysis, including information regarding other public projects your company is a part of that may impact the Authority.

Please note that the Policy does not address all applicable requirements that may affect persons and entities wishing to enter into contracts with the Authority.

Examples of such requirements include but are not limited to: (a) the California

Political Reform Act and regulations promulgated by the California Fair Political

Practices Commission; (b) restrictions in Public Contract Code section 10365.5 with respect to certain contractors engaged to perform consulting services; and

(c) applicable rules of conduct established by the California Board for

Professional Engineers, Land Surveyors, and Geologists.

4.7. Non-Exclusiveness of Subcontractors

Subcontractors are not precluded from being on more than one Bidder Team, subject to the provisions of Section 4.5, Rules of Contact. There is no prohibition against Subcontractors being exclusive to one Bidder, however, exclusivity is strongly discouraged for Small Business, Disadvantaged Business Enterprises, and Disabled Veteran Business Enterprise subcontractors.

4.8. Non-Commitment of Authority

This IFB does not commit the Authority to award a contract, to pay any costs incurred in the preparation of a Bid in response to this request, or to procure or contract for services or supplies. In connection with this procurement, the

Authority reserves to itself all rights, which may be exercised by the Authority in its sole discretion, available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to the following:

A. Cancel this IFB in whole or in part at any time prior to the execution of a contract without incurring any cost obligations or liabilities.

B. Accept or reject any or all Bids and all required submittals received as a result of this IFB.

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

C. Negotiate with any qualified Bidder selected for award.

D. Modify the IFB, in whole or in part.

E. Waive informalities, immaterialities, irregularities, mistakes, and deficiencies in a Bid; and/or permit clarifications related to such.

F. Issue a new IFB after cancellation of this IFB.

4.9. Bidder Requirements

The Bidder, and any Subcontractor that the Bidder intends to use to perform portions of the Work, shall be in good standing, or equivalent, and qualified to do business in the State of California.

The Bidder shall hold a current Seller’s Permit issued by the California

Department of Tax and Fee Administration (CDTFA). See CDTFA's Seller's

Permit FAQ page for more information.

The Bidder must be in good standing with the California Franchise Tax Board

(FTB) and have no exclusions in the System for Award Management (SAM).

4.10. Bidder’s Bond

Bidder shall submit a bid bond equal to 10% of the total Bid amount at the time of

Bid submittal.

Bidders shall utilize the Bidder’s Bond in Form I. The Bidder’s Bond is to be executed by an admitted surety insurer.

4.11. Technical Criteria Statement

Bidders are to submit, as Form J, a statement of how they will comply with the

Technical Requirements (Exhibit A of Attachment C), and that they are able to meet the delivery schedule as set forth in Table 1 of the General Provisions

(Exhibit B of Attachment C). This statement may include a narrative and/or drawings.

The Bidder shall demonstrate relevant past performance on contracts of similar size, scope, and complexity completed within the past fifteen (15) years. This means that the statement should also include a discussion of references from the past (15) fifteen years, showing that the bidder has successfully supplied at least

50 miles of similar materials to high-speed, intercity or commuter rail projects

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/ https://www.cdtfa.ca.gov/taxes-and-fees/faqseller.htm https://www.cdtfa.ca.gov/taxes-and-fees/faqseller.htm

(train or transit) conductors that are, or were, in revenue service. The bidder is to provide contact information for each of these references.

The statement should also include where the Goods will be manufactured, and which specific entity will be used to manufacture the Goods.

The Technical Criteria Statement (Form J) shall be evaluated by the Authority on a pass/fail basis. The Authority shall evaluate based on the statement itself as well as any descriptions of past projects and experience with high-speed train projects. The Authority has discretion to evaluate what is provided on Form J and to determine whether it demonstrates, to a sufficient level, that the Bidder can meet the requirements as set forth in Exhibit A and can meet the anticipated delivery schedule.

Criteria that the Authority will use to determine responsiveness include:

A. Ability to demonstrate understanding of the requirements, B. Capability to produce OCS Copper Conductors in compliance with the requirements, C. Capacity to ensure timely delivery of OCS Copper Conductors in accord with the Authority’s anticipated delivery timeline.

A Bidder that fails to provide Form J or fails to sufficiently explain how their product can meet the Technical Requirements, may be considered non-responsive.

4.12. Prevailing Wage

To the extent applicable, in accordance with the provisions of Labor Code

Sections 1770 - 1776, the Bidder shall adhere to the payment of prevailing wages as determined by the California Department of Industrial Relations (DIR).

The prevailing wage rate determinations can be downloaded from the DIR’s website. Copies of the DIR’s downloadable prevailing wage rate determinations are also on file at Authority Headquarters and are available to any interested party on request. Additional questions regarding prevailing wage determinations shall be referred to the DIR’s Division of Labor Statistics and Research, Prevailing Wage Unit, at the DIR’s website.

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/ http://www.dir.ca.gov/ http://www.dir.ca.gov/ file:///C:/Users/WNA/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YIFOYB0B/the%20DIR’s%20website

4.13. Equal Employment Opportunity and Nondiscrimination

The Contractor will be required to follow State and federal Equal Employment

Opportunity and Nondiscrimination laws and regulations.

Bidders are advised that the Contractor shall not discriminate against any employee or applicant for employment or harass or allow harassment of any employee because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Actions covered by these laws and regulations shall include, but are not limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

The Bidder is also advised that the Contractor must comply with section 1735 of the California Labor Code, which reads as follows: A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of section 12940 of the Government Code, as those bases are defined in sections 12926 and 12926.1 of the Government Code, except as otherwise provided in section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.

4.14. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the

EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a Bid, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the

Contractor’s Bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

4.15. Executive Order N-12-23 – Generative Artificial Intelligence

(GenAI)

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 Authority in writing if it: (1) intends to provide GenAI as a deliverable to the Authority; 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 an Authority system, (ii) risk to the Authority, 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 Authority may result in disqualification. The

Authority 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 of GenAI as required, the Authority reserves the right to incorporate GenAI Special Provisions into the final contract or reject Bids that present an unacceptable level of risk to the Authority.

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.”

4.16. The California Environmental Quality Act

By issuing this IFB, and by entering into any resulting Contract that mentions or refers to the California Environmental Quality Act (CEQA), Environmental Impact

Report (EIR), and State environmental permitting laws/agencies and initially authorizes related work, the Authority does not: (a) waive the Authority’s rights regarding the application of the Interstate Commerce Commission Termination

Act of 1995 (ICCTA), including the defense that ICCTA preempts CEQA’s application to the System; or (b) create an implied agreement that CEQA and/or such environmental permitting requirements apply to the System.

IF

B

N O

H

S R

-2

IN

IT

IA

L R

E

LE

A S

E

0/ 2/

4.17. Federal Requirements

The IFB and any contract awarded by the Authority shall be subject to the requirements of applicable federal law, federal regulations and conditions in the

Grant/Cooperative Agreements. The Authority reserves the right to modify the

IFB, including the Contract documents, to address any concerns, conditions or requirements of the funding agencies, including FRA. The full Grant/Cooperative

Agreements, including additional requirements are available for review on the

Authority’s website at Funding Agreements.

4.17.1. Buy America Requirements

The federal Buy America requirements for this Contract are as described in this section. The Bid Package must comply with these requirements to be considered.

4.17.1.1. Overview

This project is subject to FRA’s “Buy America” statute at 49 U.S.C. §

22905(a) and applicable FRA guidance (see FRA Buy America Frequently

Asked Questions) and the Build America, Buy America Act (BABA) and 2

C.F.R. 184.6, requiring all iron, steel, and manufactured goods and construction materials used in an FRA-funded project to be produced in the United States. Collectively, these requirements are referred to as Buy

America.

Contract award can be made only to a Bidder that has certified Buy

America compliance.

No waivers under 49 U.S.C. § 22905(a)(2) or 2 C.F.R. section 184.7 currently exist for the Work contemplated in the OCS Copper Conductors

Contract. Bids shall not be conditioned on any waivers or assume that any waivers will be granted.

4.17.1.2. Part I: Buy America Certification

Bidders shall complete and submit the following:

A.…