Bid Notice- Invitation For Bid (IFB) - Tractor.pdf

State of California – Natural Resources Agency GAVIN NEWSOM, Governor

DEPARTMENT OF FISH AND WILDLIFE Meghan Hertel, Director

Director’s Office P.O. Box 944209 Sacramento, CA 94244-2090 www.wildlife.ca.gov

Business Management Branch, Acquisition Support Unit | State of California | Natural Resources Agency

P.O. Box 944209 Sacramento, CA 94244-2090 | www.wildlife.ca.gov

STATE OF CALIFORNIA

DEPARTMENT OF FISH AND WILDLIFE – ACQUISITION SUPPORT UNIT

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

EVENT ID: PE-R1-0627-01

BIDS ARE DUE BY: October 23, 2026 at 2:00 PM PT 10/23/2026

RETURN BID TO:

Brooke.Greer@wildlife.ca.gov Cc: BMBProcurement@wildlife.ca.gov

The California Department of Fish and Wildlife (CDFW) invites you to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with the instructions set forth within this IFB.

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

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

Procurement Official:

Brooke Greer

Acquisition Support Unit Business Management Branch

P.O. Box 944209 Sacramento, CA 94244-2090 Brooke.Greer@wildlife.ca.gov http://www.cdfw.ca.gov/ mailto:BMBProcurement@wildlife.ca.gov

Department of Fish and Wildlife Tractor Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 2 of 24

Table of Contents

SECTION 1 - GENERAL

1. SCOPE

2. METHOD OF AWARD

3. KEY ACTION DATES

4. PROCUREMENT OFFICIAL

5. FREE ON BOARD (F.O.B.) DESTINATION

6. SALES TAX

7. ADDITIONAL TERMS AND CONDITIONS

8. STATE’S OWN BID DOCUMENTS/SOLICITATION

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

10. EXECUTIVE ORDER N-12-23 - GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE

11. ELIGIBLE BIDDERS

12. LOSS LEADER

SECTION 2 – RULES GOVERNING COMPETITION

1. EXAMINATION OF THE SOLICITATION

2. DESIGNATION OF REQUIREMENTS

3. BIDDING CONDITIONS

A. VALIDITY OF BID

B. CONTRACT PROVISIONS

C. BIDDER INSTRUCTIONS

D. BIDDER QUESTIONS

E. ADDENDA

F. RESPONSIBLE BIDDER

G. VALIDATION OF REQUIREMENTS

H. ERRORS IN FINAL BIDS

I. REJECTION OF BIDS

J. DISPOSITION OF BIDS

4. BIDDING PROCESS

A. GENERAL

B. BID PREPARATION

C. BIDDER’S COST

D. FALSE OR MISLEADING STATEMENTS

E. SIGNATURE OF BID

5. BID SUBMITTAL FORMAT

A. ELECTRONIC BID SUBMITTAL INSTRUCTIONS

B. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF BIDS

6. PUBLIC BID OPENING

7. AWARD AND PROTEST

A. AWARD

B. PROTEST

SECTION 3 – BID SUBMITTAL ITEMS

1. BID SUBMISSION REQUIREMENTS

A. AGREEMENT COVER LETTER

B. SPECIFICATIONS

C. ADMINISTRATIVE REQUIREMENTS

D. COST WORKSHEET

E. NARRATIVE RESPONSE

F. SELLER’S PERMIT AND SECRETARY OF STATE

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 3 of 24

G. BIDDER DECLARATION FORMS

H. PAYEE DATA RECORD

I. POSTCONSUMER-CONTENT CERTIFICATION

J. DARFUR CONTRACTING ACT

K. CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

L. FEDERAL DEBARMENT, SUSPENSION, INELIGIBILITY & VOLUNTARY CERTIFICATION

2. SOCIOECONOMIC PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Program B. Disabled Veteran Business Enterprise (DVBE) Incentive and Participation C. SB/DVBE Reporting Requirements D. DVBE Subcontractor Substitution E. Target Area Contract Preference Act (TACPA) Preference

3. BID RESPONSE CHECKLIST AND REQUIRED ATTACHMENTS

4. ATTACHMENTS

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 4 of 24

SECTION 1 - GENERAL

1. SCOPE

This Invitation for Bid (IFB) is a One-Time Acquisition conducted by the California Department of Fish and Wildlife, Business Management Branch, Acquisition Support Unit to cover the requirements for a tractor as described meeting the requirements of Attachment 1 - Specifications, Attachment 2, Administrative Requirements and Attachment 3 - Cost Worksheet.

2. METHOD OF AWARD

Award will be made on an “All or None” basis. The award will be made to the responsive and responsible Bidder with the lowest cost, including all applicable preference and incentive calculations.

In the event of a tie, a coin toss will be a permissible tiebreaker. Such event will be conducted by the procurement official and observed by a state employee as witness.

3. KEY ACTION DATES

Adherence to the following schedule of dates and times is required. If the State finds it necessary to change any of these dates, it will be accomplished via addendum.

KEY ACTION DATE & TIME

Release of IFB 10/9/26 (02:00 P.M., PT) *

Last Day to Submit Questions 10/14/26 (10:00 A.M., PT)

Answers to Questions Posted 10/20/26 (10:00 A.M., PT)

Bid Due Date 10/23/26 (02:00 P.M., PT) *

Bid Opening 10/27/26 (02:00 P.M., PT) *

Proposed Notice of Intent to Award Date 11/03/26

*All dates after the Bid Due Date are approximate, and may be adjusted as conditions dictate, without addendum to this IFB.

4. PROCUREMENT OFFICIAL

The Procurement Official shown on the front page will be the State’s designated authorized representative regarding this procurement. All inquiries and questions must be directed to only this person. Oral communications are discouraged and will not be binding on the State. Bidders should only rely on written statements issued by the Procurement Official. The Procurement Official contact information for this IFB is listed below:

Procurement Official: Brooke Greer Telephone: (916) 200-5128 Email: Brooke.Greer@wildlife.ca.gov

5. FREE ON BOARD (F.O.B.) DESTINATION

For the purpose of this bid, only bids quoted F.O.B. Destination, Freight Prepaid, will be accepted. No charge for delivery, drayage, express, parcel post, packing, cartage, Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 5 of 24 insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the State unless expressly included and itemized in the Contract. International shipments will be Delivered Duty Paid (DDP). Import Costs, duties, taxes, value added tax, or any other transportation or customs costs will not be paid by the State unless expressly included and itemized in the Contract.

The sales tax rate applied should be based on the rate of the area where the product is to be delivered, unless the deliverable is a vehicle, in which case the sales tax rate applied should be based on the rate where the vehicle will be registered with the California Dept. of Motor Vehicles (DMV).

All freight charges over $50 require a supporting prepaid freight bill prior to freight payment.

6. SALES TAX

The sales tax rate applied should be based on the rate of the area where the product is to be delivered, unless the deliverable is a vehicle, in which case the sales tax rate applied should be based on the rate where the vehicle will be registered with the California Department of Motor Vehicles (DMV).

7. ADDITIONAL TERMS AND CONDITIONS

The State objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder. This applies to any language appearing in documents attached as part of the bidder’s response. In signing and submitting the Agreement Cover Letter, the bidder agrees that any additional terms and conditions whether submitted intentionally or inadvertently, will have no force or effect. Bids with terms and conditions attached may be subject to rejection.

8. STATE’S OWN BID DOCUMENTS/SOLICITATION

Only bids quoted on the State's own bid documents will be considered. Documents include all forms and attachments required to be submitted. Alteration of the State’s documents may result in rejection of the bid. Bids submitted referring to supplier attachments which include terms and conditions that conflict with the State's complete solicitation will be considered non-responsive and such bids will be rejected.

9. 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 or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that will be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, will be grounds for termination by the State.

10. EXECUTIVE ORDER N-12-23 - GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI)

DISCLOSURE

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 6 of 24

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 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.

11. ELIGIBLE BIDDERS

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB.

The bidder must be legally constituted and qualified to do business within the State of California (registered with the Secretary of State). Except for bidders whose legal status precludes incorporation (i.e., public agencies, sole proprietorships, and partnerships), bidders that are not fully incorporated by the deadline for submitting sealed bids will be disqualified.

The bidder must also not be listed on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code.

12. AUTHORIZED RESELLER

If the Bidder is not the Original Equipment Manufacturer (OEM) of the product being proposed, the Bidder must provide, on OEM company letterhead and signed by an authorized OEM representative, documentation identifying the Bidder as an authorized OEM reseller. The Authorized Reseller letter must be submitted with the bid response. If this document is not included in the bid response, Bidder will provide it within five (5) days after request from the State. Failure to submit required information may result in the bid being considered non-responsive. The State has the option to follow-up and verify any Authorized Reseller letter.

13. LOSS LEADER

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

A "loss leader" is any article or product sold at less than cost: (a) Where the purpose is to induce, promote or encourage the purchase of other merchandise; or (b) Where the effect is a https://www.sos.ca.gov/

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 7 of 24 tendency or capacity to mislead or deceive purchasers or prospective purchasers; or (c) Where the effect is to divert trade from or otherwise injure competitors.

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 8 of 24

SECTION 2 – RULES GOVERNING COMPETITION

This section describes the bidding steps and includes the Bidder’s and State’s rights and responsibilities for the procurement process. Specific guidelines and instructions for IFB response submission items are found in Section 3 – Bid Submittal Items.

1. EXAMINATION OF THE SOLICITATION

It is the sole responsibility of each Bidder to thoroughly review the entire IFB, including all addenda, referenced documents, and any materials otherwise made available by the State.

Bidders are expected to become fully informed regarding the scope, location, nature, quantity, and conditions of the work to be performed. Bidders must carefully read and follow all instructions, submit timely inquiries as needed, and ensure full compliance with all procedural and substantive requirements set forth in the IFB.

2. DESIGNATION OF REQUIREMENTS

The State has established certain requirements with respect to bids to be submitted by prospective contractors. The use of “must,” or “will” (except to indicate simple futurity) in the IFB indicates a requirement or condition that is mandatory. A deviation, if not material, may be waived by the State. A deviation from a requirement is material if the deficient response is not in substantial accord with the IFB requirements, provides an advantage to one bidder over other bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid, amount paid to the Contractor, or on the cost to the State. Material deviations cannot be waived.

The words “should” or “may” in the IFB indicate desirable attributes or conditions but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature will not in itself cause rejection of the bid.

When a Section states, “upon request from the State”, the requested information must be submitted within the timeframe specified by the State. Not submitting requested documentation timely may result in the bid being deemed non-responsive.

3. BIDDING CONDITIONS

A. VALIDITY OF BID

A Bidder's Final Bid is an irrevocable offer for 90 days following the scheduled date for Submission of Final Bids as stated in Section 1, Item 3, Key Action Dates. A Bidder may extend its offer in the event of a delay of contract award.

B. CONTRACT PROVISIONS

The State has general provisions to be used by State agencies when contracting for Non- IT goods. The general provisions appropriate for the specific requirements of this IFB, and resultant purchase order are as follows:

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 9 of 24

Department of General Services Procurement Division, Non-Information Technology - General Provisions - Goods, DGS PD 401-NITGP (Goods)

Bidder agrees to comply with all applicable statues, rules, regulations, and orders of the United States and the State of California.

By signing the Agreement Cover Letter and submitting a bid, Bidder is agreeing to all of the above provisions without addition or modification.

C. BIDDER INSTRUCTIONS

The Bidder Instructions include the Bidder’s and the State’s rights and responsibilities for the bidding process, unless otherwise specified in this solicitation. Bidder Instructions are located at the following link: Bidder Instructions (rev 11/09/2011)

D. BIDDER QUESTIONS

This IFB addresses all requirements that Bidders must meet to be eligible for consideration.

Bidders must carefully read the entire IFB, ask appropriate questions in a timely manner, and make sure all procedures and requirements of the IFB are accurately followed and addressed.

All questions, comments, and concerns must be immediately directed to the Procurement Official, in writing, no later than the date and time indicated in Section 1, Item 3, Key Action Dates. Questions via fax or telephone will not be accepted. Answers provided by anyone other than the IFB contact named here are not binding upon the State.

Question and Answer sets will be posted via an Addendum on the Cal eProcure website.

At the sole discretion of the State, questions may be paraphrased by the State for clarity and to maintain anonymity. Oral answers will not be binding on the State. The State is not responsible for sending individual notifications of changes or updates.

E. ADDENDA

The State may modify the IFB prior to the Bid Due Date by issuance of an addendum to the event as posted on Cal eProcure. If the solicitation is revised by an addendum, the Bidder is required to meet all requirements of the most current addendum, including using any updated forms. Addenda will be numbered consecutively. If any Bidder determines that an addendum unnecessarily restricts its ability to submit a bid, the Bidder is allowed five

(5) working days to ask a question or request a change.

F. RESPONSIBLE BIDDER

The State may require Bidders to submit evidence of their qualifications. This includes, but is not limited to, the necessary number of personnel with the skills required, equipment of appropriate type and sufficient quantity, financial resources sufficient to complete performance under the agreement, and experience in similar endeavors. If such information is required, the Bidder will be notified to submit the required information. If the State determines the Bidder is not responsible, the bid will be rejected.

G. VALIDATION OF REQUIREMENTS

https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP-Revised-02202025.pdf http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 10 of 24

The State will check each bid detail to determine its compliance with the bid requirements.

If a bid fails to meet bid requirements, the State will determine whether the deviation is material. A material deviation will be cause for rejection of the bid. An immaterial deviation will be processed as if no deviation had occurred.

H. ERRORS IN FINAL BIDS

An error in the Final Bid may cause the rejection of that bid; however, the State may at its sole option retain the bid and make certain corrections.

To determine if a correction is appropriate, the State will consider the conformance of the bid to the format and content required by the IFB, and any unusual complexity of the format and content required by the IFB.

If the Bidder's intent is clearly established based on review of the complete Final Bid submittal, the State may at its sole option correct an error based on that established intent.

The State may at its sole option correct obvious clerical errors, arithmetic errors, and discrepancies. If necessary, the cost extensions and summary will be recomputed accordingly, if obviously misstated.

The State may at its sole option correct errors of omission, and in the following two (2) situations, the State will take the indicated actions if the Bidder's intent is not clearly established by the complete proposal:

1. If cost for an item is omitted from the cost data provided in the bid it will be interpreted to mean that the item will be provided by the Bidder at no cost.

2. If an item is not mentioned at all in the Final Bid and is essential for satisfactory performance, the bid will be interpreted to mean that the item will be provided at no cost.

Where applicable, if the re-computations, as applied in accordance with this section, result in significant changes in the amount of money to be paid to the Bidder (if awarded the contract), the Bidder will be given the opportunity to promptly establish the grounds justifying relief from its bid.

It is absolutely essential that Bidders carefully review the cost elements in their Final Bid since they will not have the option to correct errors after the date and time for submission of the Final Bid.

I. REJECTION OF BIDS

The State may reject any or all Bids and may waive any immaterial deviation or defect in a bid. The State’s waiver of any immaterial deviation or defect shall in no way modify the IFB or excuse the Bidder from full compliance with the IFB specifications, if awarded the contract.

J. DISPOSITION OF BIDS

All materials submitted in response to this IFB will become the property of the State of California and will become a public record after award. All Bids will be regarded as public records under the California Public Records Act (Government Code (GC) § 6250 et seq.).

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 11 of 24

Final Bids are public upon posting of Notice of Intent to Award. Bidders should be aware that marking a document "confidential" or "proprietary" in a Final Bid will not prevent that document from being released after notice of intent to award as part of the public record, in accordance with the California Public Records Act.

4. BIDDING PROCESS

A. GENERAL

The procurement process to be used in this IFB consists of a Final Bid.

Final Bids must be complete with all required cost information, signatures, forms, and documentation.

B. BID PREPARATION

Bids must be prepared to provide a clear, concise description of the Bidder’s capabilities in meeting the requirements of the IFB. Extensive promotional materials, colored displays, or other extraneous content are neither necessary nor desired, and may detract from the clarity of the response. Emphasis should be placed on adherence to IFB instructions, responsiveness to requirements, and overall completeness and clarity. Bidders are cautioned that including unnecessary or unsolicited materials could inadvertently introduce content that may result in bid rejection.

Before submitting each document, the Bidder should carefully proofread it for errors and adherence to the IFB requirements.

Bids must be complete, unaltered, and submitted on the State’s official forms. Conditional, incomplete, or irregular bids will be rejected, as will those containing conflicting supplier terms or any material deviation from IFB requirements. Follow the Bid Submittal Format specified in Section 3 – Bid Submittal Items.

C. BIDDER’S COST

Costs for developing Bids are entirely the responsibility of the Bidder and will not be chargeable to the State.

D. FALSE OR MISLEADING STATEMENTS

Bids which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State 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.

E. SIGNATURE OF BID

All Bidders must complete the Agreement Cover Letter and include it with the bid. The Agreement Cover Letter must be signed by an individual who is authorized to contractually bind the firm submitting the bid. An unsigned Agreement Cover Letter will result in the Final Bid being rejected.

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 12 of 24

5. BID SUBMITTAL FORMAT

A. ELECTRONIC BID SUBMITTAL INSTRUCTIONS

Bids must be received by the bid due date and time in Section 1, Item 3, Key Action Dates.

Bids received after this date and time will not be considered. Bidders should ensure their email is set to receive a delivery receipt when submitting the electronic bid. The Bidder will bear all risks associated with delivery of bids, including but not limited to, delivery delays due to file size, etc. Faxed or hard copy bids will not be accepted.

The completed bid response must be submitted by email as follows:

• Email bids to the Procurement Official listed on the first page of this solicitation, with a cc to BMBProcurement@wildlife.ca.gov.

• Only bids received in these mailboxes will be considered. Bids must not be sent to any other mailbox.

• Email must clearly identify in the Subject Line:

Bid Response for Event ID 40592, PE-R1-0627-01 Tractor (IFB) due 10/23/26

• Attachment 3, Cost Worksheet must be submitted as a separate attachment in the email and clearly labeled.

• Email must contain all bid submittal items responsive to the IFB.

Emails should not exceed 150 megabytes (MB). The State’s mail server may automatically reject excessively large emails. Bidder may submit multiple emails if file size exceeds the recommended 150 MB. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.) in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved.

Emails will not be opened by the Procurement Official until the required bid due date and time.

B. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF BIDS

A Bidder may withdraw its bid at any time prior to the bid due date and time specified in Section 1, Item 3, Key Action Dates, by submitting a notification of withdrawal signed by the authorized personnel on the Agreement Cover Letter. The Bidder may submit a new or modified bid prior to such bid submission date and time. Modifications offered in any other manner, oral or written, will not be considered. Should a Bidder submit multiple emails and no notification of withdrawal by the bid due date and time, the State will deem the last received submittal as the final to be evaluated. Final Bids cannot be withdrawn after the date and time of the Final Submission of Bid due date.

6. PUBLIC BID OPENING

Public Bid Opening: If your firm chooses to attend the bid opening, please email the IFB contact listed on the cover page of this solicitation and allow sufficient time to locate parking and for visitor security procedures.

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 13 of 24

Address for Public Bid Opening:

1700 9th Street, Second Floor

Sacramento, CA 95811

7. AWARD AND PROTEST

A. AWARD

CDFW will post the Notice of Intent to Award to the Cal eProcure event webpage, as well as email all prospective bidders at least five (5) working days prior to awarding the Agreement. If an Agreement is not awarded to the lowest bidder, the lowest bidder will be notified within five (5) working days prior to the award of the Agreement.

B. PROTEST

In Accordance with Public Contract Code Section 10306, if any Bidder, prior to the award of an agreement, files a written protest with CDFW on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement will not be awarded until either the protest has been withdrawn or CDFW and the Department of General Services, Procurement Division has decided the matter. The protest must be sent to:

California Department of Fish and Wildlife Acquisitions Support Unit ATTN: Acquisitions Support Unit Manager P.O. Box 944209 Sacramento, CA 94244-2090 Email: BMBProcurement@wildlife.ca.gov

Within ten (10) calendar days after filing the initial intent to protest, the protesting bidder must file with CDFW a detailed written statement specifying the grounds for the protest.

Protests may be submitted by regular mail, courier, or personal delivery.

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 14 of 24

SECTION 3 – BID SUBMITTAL ITEMS

1. BID SUBMISSION REQUIREMENTS

Bid submission items are included as part of this IFB or are included electronically by link. If Bidder is unable to download an electronic document, contact the procurement official to request the document.

A. AGREEMENT COVER LETTER

All Bidders must complete the Agreement Cover Letter and include it with the bid. The Agreement Cover Letter (which is considered an integral part of the bid) must be signed by an individual who is authorized to bind the bidding firm contractually. An unsigned Agreement Cover Letter will cause the bid to be rejected.

By signing the Agreement Cover Letter and submitting a bid, Bidder is agreeing to accept all of the terms and conditions of the general provisions (as indicated in Section 2.3.B) without addition or modification and to comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California.

B. SPECIFICATIONS

Bidders must comply with Attachment 1 –Specifications.

C. ADMINISTRATIVE REQUIREMENTS

Bidder must comply with all additional administrative requirements as detailed in the Attachment 2 – Administrative Requirements.

D. COST WORKSHEET

Bidders must submit one (1) electronic copy in Microsoft Excel format of the completed Attachment 3 – Cost Worksheet with the emailed bid response. To be considered for award, all line items in Attachment 3 – Cost Worksheet must be bid. Failure to submit the Attachment 3 – Cost Worksheet with the bid response will result in the bid being considered non-responsive.

Prices quoted will be all inclusive. Only the prices submitted in the bid response will be included in the awarded agreement. No other fees can be charged to the customer.

Attachment 3 – Cost Worksheet must be filled out completely or the bid may be rejected.

Any items left blank will be interpreted by the State to represent a bid of zero dollars ($0.00) for that item. Items indicating anything other than a numerical dollar amount (e.g., N/A) may be deemed nonresponsive and may be rejected. Modification of the Cost Worksheet will disqualify the Bidder.

E. NARRATIVE RESPONSE

The IFB includes some items that require a narrative response. Those items have been listed on Attachment 4 – Narrative Response. Bidders will input narrative responses on the

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 15 of 24 attachment only, and only for the items requested. If necessary, Bidders may add pages to the attachment to further explain their response.

Bidders will not input narrative responses within the IFB document, nor should narrative responses be included for items the State did not list on Attachment 4 – Narrative Response.

F. SELLER’S PERMIT AND SECRETARY OF STATE

Bidders are required to provide their Seller’s Permit number and, if a corporation or limited liability company, their Secretary of State (SOS) certification number, on Attachment 4 – Narrative Response.

If applicable, SOS certification must be approved and in “Active” status prior to agreement award.

For instructions on how to obtain a California Seller’s Permit or register to do business in the State of California, visit the California Department of Tax and Fee Administration website.

G. BIDDER DECLARATION FORMS

All Bidders must complete the Bidder Declaration Form (DFW 1082) and include it with the bid response. When completing the declaration, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded an agreement are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the agreement.

If a Bidder proposes the use of a subcontractor for a portion of the agreement, the Bidder agrees that all requirements will be adhered to and that requirements will apply to subcontractors. All subcontractors must comply fully with the administrative and technical requirements that are applicable with the portion of the work being delegated to the subcontractor.

Bidders and any subcontractors who have been certified by California as a Disabled Veteran Business Enterprise (DVBE) (or who are proposing rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed Disabled Veteran Business Enterprise Declaration Form (DGS PD 843).

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form. The completed form must be included with the response.

H. PAYEE DATA RECORD

To be awarded this agreement, the Bidder is required to complete, sign, and return a Payee Data Record (STD 204) with their bid response.

I. POSTCONSUMER-CONTENT CERTIFICATION

https://cdtfa.ca.gov/ https://cdtfa.ca.gov/ http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 16 of 24

State agencies are required to report purchases in many product categories. To comply with those requirements, bidders are required to complete and return the Postconsumer- Content Certification (Cal Recycle 74) with their bid response.

J. DARFUR CONTRACTING ACT

Public Contract Code §§ 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 bid for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services (DGS) to submit a bid.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code § 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a bid for a contract with a State agency for goods or services (Public Contract Code § 10477(a)), unless written permission from the Director of DGS to bid on this procurement has been granted (Public Contract Code § 10477(b)).

Bidder is required to submit a completed Darfur Contracting Act Certification Form (DFW 1080) with their bid response if their company currently or within the previous three (3) years has had business activities or other operations outside of the United States. If this document is not included in the bid response, Bidder shall provide it within five (5) days after request from the State. Failure to submit required information may result in the bid being considered non-responsive.

If a Bidder has not conducted business outside of the United States in the last three (3) years, this section does not apply. Bidders must submit their response on Attachment 4 - Narrative Response.

K. CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to PCC § 2010, any Bidder entering into or renewing an agreement over $100,000 on or after January 1, 2017, must certify all the following:

A. That they comply with the Unruh Civil Rights Act (§ 51 of the Civil Code).

B. That they comply with the California Fair Employment and Housing Act (FEHA) (Chapter

7 (commencing with § 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

C. (1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (§ 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with § 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations, or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (§ 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with § 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwj98qqpppaWAxWwEkQIHaOQOMEQFnoECA0QAQ&url=https%3A%2F%2Fwww2.calrecycle.ca.gov%2FDocs%2FWeb%2F111480&usg=AOvVaw3AvgaMsjJal4akzPToqOfs&opi=89978449 https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwj98qqpppaWAxWwEkQIHaOQOMEQFnoECA0QAQ&url=https%3A%2F%2Fwww2.calrecycle.ca.gov%2FDocs%2FWeb%2F111480&usg=AOvVaw3AvgaMsjJal4akzPToqOfs&opi=89978449

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 17 of 24

Bidders are required to submit the California Civil Rights Laws Certification form with the bid response. Failure to submit this form may result in the bid being considered non-responsive.

L. FEDERAL DEBARMENT, SUSPENSION, INELIGIBILITY & VOLUNTARY

CERTIFICATION

Expenditures from this contract may involve Federal funds. The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the contract file, a certification by the Contractor that they have not been debarred nor suspended from doing business with the Federal government. Bidders must submit the Federal Debarment Certification form with the bid response. If this document is not submitted with the bid response, Bidder must provide it within five (5) working days after request from the State.

Failure to submit this form may result in the bid being considered non-responsive.

2. SOCIOECONOMIC PREFERENCE AND INCENTIVE PROGRAMS

Preference and Incentive Programs are identified below. When the Bidder satisfies the requirements and requests bid preferences and/or incentives, the Bidder must clearly identify which programs it qualifies for in Attachment 4 – Narrative Response. To be considered responsive to the bid preference and/or incentives, the Bidder Declaration Form DFW 1082, and for DVBE, the DVBE Declaration Form DGS PD 843, must be submitted with bid response. Additionally, Bidders must complete the Attachment 5 – Commercially Useful Function (CUF) Certification for the portion of the contract that each certified Small Business and/or Disabled Veteran Business Enterprise identified on the Bidder Declaration DFW 1082 will be performing.

A. Small Business Program

1. A Small Business Preference of five percent (5%) will be granted in accordance with

Government Code Section 14835, and as contained in California Code of Regulations, title 2, Section 1896.8. To claim the Small Business Preference, which must not exceed $50,000 for any bid, your firm must have its principal place of business located in California, an approved small business certification form, and proof of annual receipts on file with the DGS, Office of Small Business and Disabled Veteran Business Services

(DGS-OSDS).

For certification information, visit: https://caleprocure.ca.gov/pages/sbdvbe-index.aspx For certification assistance, call DGS-OSDS at (916) 375-4941 or (916) 375-4400.

2. Bidders requesting the Small Business Preference must complete the Attachment 4 – Narrative Response and include a copy of the Small Business Certification in the bid submittal.

3. The CDFW will grant small businesses a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.dgs.ca.gov/-/media/D4C59DC1DD754EB4991091E27D02E395.ashx https://www.dgs.ca.gov/-/media/D4C59DC1DD754EB4991091E27D02E395.ashx https://intranet.wildlife.ca.gov/Portal/LinkClick.aspx?fileticket=DR%2b7eqp1OVc%3d&tabid=66 http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 18 of 24

a. Includes a notification in the bid submission to the CDFW that it is a small business or that it has submitted to DGS OSDS a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by the DGS as a small business; and

b. Submits a timely, responsive bid; and

c. Is determined to be a responsible bidder.

4. Non-Small Business Subcontractor Preference - The application of the five percent

(5%) Small Business bidding preference is extended to non-small businesses that commit to subcontracting at least twenty-five percent (25%) of its net bid price to California Certified Small Businesses and/or Micro-businesses when the non-small business:

a. Includes a notification in the bid submission to the CDFW that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one (1) or more small businesses

b. Submits a timely, responsive bid

c. Is determined to be a responsible bidder; and

d. Submits a Bidder Declaration DFW 1082 listing the small businesses it commits to subcontract with for a commercially useful function in the performance of the Agreement.

5. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) - SB/NVSA Prime

Bidders meeting requirements specified in the MVC § 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5 percent small business preference. SB/NVSAs claiming the small business preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

6. Bidders pending Small Business or DVBE Certification applications under review by DGS concurrent with the bid time frame should contact OSDS to request an expedite review/approval of their application in order to be considered for the small business preference during the evaluation of this bid. Contact OSDS at (916) 375-4940 to obtain information about the application expedite process.

7. Bidders must notify the CDFW, in writing, at the time of bid submission that they have an application for Small Business or DVBE Certification under review at the OSDS, and that they wish to be considered for the Small Business Preference Calculation.

B. Disabled Veteran Business Enterprise (DVBE) Incentive and Participation

1. DVBE Incentive

a. In accordance with section 999.5(a) of the Military and Veterans Code, and DVBE

Incentive Regulations, CCR 1896.99.100, an incentive will be given to bidders who provide DVBE participation.

b. For evaluation purposes only, the State will apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration DFW 1082, confirmed by the State. The incentive amount for awards

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 19 of 24 based on low price will vary in conjunction with the percentage of DVBE participation. The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of:

DVBE

Incentive

5% or Over 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 3%

c. For awards based on low price, the net bid price of responsive bids will be reduced

(for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

2. DVBE Program Participation Program Requirements

The DVBE Participation Program Requirements have been waived for this IFB;

however, an incentive will be given to bidders who provide DVBE participation.

a. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for

State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations

(CCR), Title 2, §1896.60 et seq.

b. Information submitted by the intended awardee to comply with this solicitation’s

DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State will initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the CCR §1896.80.

Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

c. These instructions contain information about the DVBE program requirements which differs from the DVBE Incentive. Proposers are responsible for thorough review and compliance with these instructions.

d. At the State’s option prior to award of the contract, a written confirmation from each

DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the

DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify the above requirements.

e. Commit to meet or exceed the DVBE participation requirement in this solicitation by either Method 1 (bidder is a California certified DVBE) or 2 (proposer is not a

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 20 of 24

California certified DVBE). Failure to complete and submit the required forms as instructed will render the bid non-responsive. To meet the DVBE program requirements, proposers must complete and fully document at least one of the following compliance options:

Method 1. Certified DVBE bidder:

1) Commit to performing at least 3% of the contract bid amount (unless otherwise specified) with the prime bidder’s firm or in combination with another DVBE(s).

2) Complete the Bidder Declaration DFW 1082 and submit a completed Disabled Veteran Business Enterprise Declarations (DGS PD 843).

3) At the State’s option, a DVBE bidder working in combination with other DVBEs must submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on the Bidder Declaration DFW 1082. When requested, the document 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.

Method 2. Non-DVBE bidder:

1) Commit to using certified DVBE(s) for at least 3% (unless otherwise specified) of the bid amount.

2) Complete the Bidder Declaration DFW 1082 and submit a completed Disabled Veteran Business Enterprise Declarations (DGS PD 843).

3) 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 the Bidder Declaration DFW 1082. The awarding department contracting official named in the solicitation may contact each listed DVBE, by mail or telephone, for verification of the bidder’s submitted DVBE information. When requested, the document 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.

3. DVBE Resources and Information The Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (DGS-OSDS) is the state's certifying agency that oversees the Small Business (SB), Small Business for the Purpose of Public Works (SB-PW), and Disabled Veteran Business Enterprise (DVBE) certification programs.

Resources and Information can be found at:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/OSDS/OSDS?search=Office-of-Small-Business-and-Disabled-Veteran-Business- Enterprise/Certification-Program

4. Commercially Useful Function Definition

a. All California-certified Small Businesses (SB) and Disabled Veteran Business Enterprise (DVBEs) doing business with the state must perform a Commercially Useful Function (CUF). Performing CUF is a critical requirement for all California-https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program

Acquisition Support Unit Event ID 3600-0000040592 PE-R1-0627-01, Page 21 of 24 certified firms - SB and DVBE - that do business with the state (Government Code Section 14837 and Military and Veterans Code Section 999).

b. CUF definition and resources can be found at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

c. A Contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the Contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

C. SB/DVBE Reporting Requirements

If, for this Contract, Contractor made a commitment to achieve SB participation, the State requires Contractor, upon completion of this Contract, (or within such other period as may be specified elsewhere in the Contract) to report the actual percentage of SB participation that was achieved. (GC § 14841).

If, for this Contract, Contractor made a commitment to achieve the DVBE participation goal, then, pursuant to MVC § 999.5, subdivision (d), upon completion of the Contract, the State requires Contractor to certify using Prime Contractor’s Certification – DVBE Subcontractor Report (STD817).

Until Contractor complies with the DVBE reporting requirement…