Bid Notice-March ARB Annual Backflow Testing and Certification_ March Air Reserve Base (ARB).pdf

STATE OF CALIFORNIA Gavin Newsom, Governor

MILITARY DEPARTMENT

OFFICE OF THE ADJUTANT GENERAL

10601 Bear Hollow Drive Rancho Cordova, California 95670

Invitation for Bid (IFB) Notice to Prospective Bidders

IFB No. 130797 - March ARB Annual Backflow Testing and Certification March Air Reserve Base (ARB) - March ARB, CA

9/8/2026

You are invited to review and respond to this IFB. In submitting your bid, you must comply with these instructions. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Government Code 14838, the California Military Department (CMD) is committed to meeting the State’s 25 percent (25%) Small Business (SB) participation goal. Certified SBs, Micro Businesses (MB), and contractors willing to commit to subcontracting a minimum of 25 percent (25%) of their net bid price to certified SBs or MBs are encouraged to submit bids. See Section 4, Special Programs, Small Business (SB) or Microbusiness (MB) Preference, in this IFB for requirements.

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

Joy Lubic California Military Department

10601 Bear Hollow Drive Rancho Cordova, CA 95670

Joy.Lubic@cmd.ca.gov

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

Technical questions regarding this solicitation will be addressed, in writing, and in accordance with the Questions and Answers portion of this IFB. See Section 3, Key Actions Dates for more details.

Joy Lubic Contracting Analyst

Invitation for Bid Number 130797 March ARB Annual Backflow Testing and Certification

Table of Contents

1. Purpose and Description of Services

2. Bidder Minimum Qualifications

3. Bid Requirements and Information

a. Key Action Dates

b. Optional Pre-Bid Job Walk

c. Request for Information (RFI) Period

d. Costs Included in Bid Rates

e. Employment of undocumented Workers

f. State General Prevailing Wage Rates

g. Postconsumer Content Certification

h. Mandatory Organic Waste Recycling

i. Motor Carrier Permit Requirements

j. Contractor Registration Program

k. Contractor’s License

l. Subcontractors

m. Non-Collusion Declaration for Public Works

n. Bonds

o. Insurance

p. California Civil Rights Laws

q. Darfur Contracting Act

r. Iran Contracting Act

s. Submission of Bid

t. Bid Opening

u. Evaluation and Selection

v. Award and Protest

w. Disposition of Bids

x. Standard Conditions of Service

y. Antitrust Provisions

4. Special Programs

a. Disabled Veteran Business Enterprise (DVBE) Program Requirement

b. Small Business (SB) or Microbusiness (MB) Preference

c. Commercially Useful Function

d. CMD Advocates

5. Executive Order N-6-22 – Russia Sanctions Attachment 1 – Required Attachment Check List Attachment 2 – Bid/Bidder Certification Sheet Attachment 3 – Rate Sheet Attachment 4 – Disabled Veteran Business Enterprise Declarations (DGS PD 843) Attachment 5 – Bidder Declaration Form (GSPD-05-105) Attachment 6 – Darfur Contracting Act Certification Attachment 7 – Iran Contracting Act Verification Form Attachment 8 – Payee Data Record (STD 204) Attachment 9 – Contractor Certification Clauses (CCC 04/2017) Attachment 10 – California Civil Rights Laws Attachment Attachment 11 – Non-Collusion Affidavit Attachment 12 – Sample Standard Agreement

1. Purpose and Description of Services

a. Contractor agrees to provide to CMD March ARB Annual Backflow Testing and

Certification services, as described herein:

Contractor shall provide all materials, labor, bonds, licenses, insurance, equipment, tools, permits, taxes, transportation, and fees to ensure the inspection, testing and certification of Thirty-Three (33) Backflow Devices.

Contractor shall have 1095 calendar days to complete the Work.

2. Bidder Minimum Qualifications

a. The Prime Bidder must be either an individual or firm currently licensed to do business in

California and provide proof of such as required in Attachment 1 – Required Attachment Checklist.

b. The Prime Bidder must have a business license or incorporation papers for their respective

State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California and provide proof of such as required in Attachment 1 – Required Attachment Checklist.

c. Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to

[…] a state agency with respect to any contract in the amount of $100,000.00 shall complete the Attachment 10 – California Civil Rights Laws.

d. The Prime Contractor shall possess a C-36 - Plumbing Contractor license issued by the

California Contractors State Licensing Board (CSLB).

e. Failure of Bidder to sufficiently provide any or all of the minimum qualifications, in the opinion of CMD, will result in the Bidder’s bid deemed non-responsive.

f. By submitting its bid, Bidder certifies, under penalty of perjury, that its Contractors State

License Board (CSLB) license is in a classification appropriate to the work to be undertaken as identified in the Attachment 12 – Sample Standard Agreement, Exhibit A, Scope of Work. This requirement has also been added in the Attachment 12 – Sample Standard Agreement, Exhibit E. Refer to Section 3, Bid Requirements and Information, Contractor’s License, for submittal requirements.

g. Failure of Bidder to sufficiently provide any or all of the minimum qualifications, in the opinion of CMD, will result in the Bidder’s bid deemed non-responsive.

3. Bid Requirements and Information

a. Key Action Dates

It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Event Date Time (PST) IFB published on Cal eProcure 9/8/2026 2:00 PM Optional Pre-Bid Job Walk 10/22/2026 9:00 AM Request for Information (RFI) Submission Deadline 10/27/2026 5:00 PM Bid Submission Deadline 11/05/2026 2:00 PM Public Bid Opening 11/05/2026 2:15 PM

b. Optional Pre-Bid Job Walk

i. An optional pre-bid job walk is scheduled at 9:00 AM on 10/22/2026 for the purpose of viewing the site. Arrive at least 30 minutes early and bring business cards.

ii. Designated Meeting Location: March Air Reserve Base (ARB) – 5237 Air Guard Way, Ste 23, Bldg 2276, March ARB, CA 92518

Vendors will meet at the March ARB Visitor Control Center (VCC):

- Please see the map attached below. Entrance to the base if from Elsworth St, off Cactus Ave. The Red Pin-Drop is the location of the VCC.

- If there are any utility vehicles, they will need to go through inspection. All drivers will need proof of insurance and registration.

- Please ensure vendors have either a REAL ID, or two forms of other identification such as a birth certificate, SSN card, or Passport.

- March ARB is a federal installation, so all visitors must go through the 452 AMW for access.

- All vendors entering March ARB will be vetted (background checked), and if the base entry is denied, we will not be able to accommodate.

- Attached to the event on Cal eProcure (as a separate attachment) is the MARB Contractor Base Pass Request, please fill it out and send to Joy.Lubic@cmd.ca.gov for routing 2 weeks prior to job-walk.

iii. All prospective bidders must comply with current federal requirements, such as the acceptable identification, vehicle registration and insurance, when accessing federal facilities.

iv. In the event a potential prime contractor is unable to attend the optional pre-bid walk-through, an authorized representative may attend on their behalf. The representative may only sign-in for one (1) company.

c. Request for Information (RFI) Period

i. Potential Bidders may submit written questions regarding the project by 10/27/2026.

All questions should be emailed in writing to Joy.Lubic@cmd.ca.gov. NO QUESTIONS will be entertained after 10/27/2026.

ii. Written questions must include: the individual's name, firm name, complete address and must reference IFB No. 130797.

iii. Written responses to all questions will be collectively compiled and posted to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the Bidder to access the website for any changes or addenda that may be posted.

Refer to this IFB, Section 3, A, Key Action Dates, for the schedule of events and dates/times.

d. Costs Included in Bid Rates

Bid prices/rates shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments, including but not limited to, sales and use taxes required by law or otherwise and no additional allowance will be paid unless separate payment provisions in the Agreement should specifically provide otherwise.

e. Employment of undocumented Workers

No State agency or department, as defined in California Public Contract Code Section 10335.7, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a Public Works Agreement, who has, in the preceding five (5) years, been convicted of violating a State or Federal law regarding the employment of undocumented workers (Pub. Cont. Code Section 6101).

f. State General Prevailing Wage Rates

The predetermined general prevailing wage rates published by the Director of Industrial Relations may be obtained via the Internet:

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. It is the bidder's responsibility to use the correct classification determination published by the Department of Industrial Relations.

g. Postconsumer Content Certification

Your signature affixed hereon and dated on the Bid/Bidder Certification Sheet, Attachment 2 shall signify that you are aware of the recycle materials, goods, and supplies program requirements of Public Contract Code Sections 12200 and 12205, and that the Recycled- Content Certification will be required for the successful contractor. The awarded bidder will be required to complete a Postconsumer-Content Certification (CalRecycle 74) and provide the form with the signed Agreement. An incomplete form or failure to provide a completed form will result in cancellation of the Agreement. The Postconsumer-Content Certification (CalRecycle 74 form) may be downloaded from CalRecycle’s website:

https://calrecycle.ca.gov/.

h. Mandatory Organic Waste Recycling

The Contractor generating organic waste or commercial solid waste shall arrange for the recycling services required by this section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction's franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit or abrogate the Contractors right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Sections 42649.8 et seq.

i. Motor Carrier Permit Requirements

i. Contractor is responsible for determining whether California Vehicle Code Sections

34601 and 34620 require Contractor to have a valid Motor Carrier Permit (MCP) issued by the Department of Motor Vehicles (DMV) in order for Contractor to lawfully perform any part or aspect of the work described in Exhibit A, Scope of Work, and, if California Vehicle Code Sections 34601 and 34620 do require same for any part or aspect of such work, Contractor must have a valid MCP(s) issued from the DMV for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain and maintain in good standing during the entire term of this Agreement the any such required MCP(s).

ii. The MCP(s), if any, required for the Contractor's Motor Carriers of Property under

California Vehicle Code Sections 34601 and 34620 shall be on file with the Contractor for the duration of this Agreement. Upon request of CMD, the Contractor must immediately provide to CMD a copy of the required MCP(s), if any.

j. Contractor Registration Program

i. No Contractor or Subcontractor may be listed on a bid proposal for a public works contract unless registered with the Department of Industrial Relations (DIR), pursuant to Labor Code Section 1725.5 with limited exceptions from this requirement for bid purposes only under LC Section 1771.1(a)).

ii. No Contractor or Subcontractor may be awarded a public works contract or commercial service contract requiring prevailing wages, unless registered with DIR pursuant to Labor Code Section 1725.5.

iii. CMD will verify each of the registration numbers prior to contract award. Bidders that do not possess the required DIR registration will be deemed non-responsive and rejected from further consideration in the solicitation process.

k. Contractor’s License

Bidder must have, at time of bid submittal and for the duration of the contract, a valid, current C-36 - Plumbing Contractor license issued by the Contractors State License Board (CSLB), for the type of work to be performed. Bidder shall obtain, pay for and maintain, in good standing, all necessary licenses and permits to accomplish the work. Bidders will be considered non-responsive unless proper licensing requirements are met. An invalid license will result in rejection of the bid. Positive verification of a valid license issued by the CSLB will be performed by CMD (reference Business and Professions Code Section 7028.15).

l. Subcontractors

Bidder may subcontract portions of the work as defined in the attached Sample Standard Agreement. Bidder shall perform on the site, and with its own organization, work equivalent to at least twenty percent (20%) of the total amount of work to be performed under the contract If subcontractors are used, complete the Bidder Declaration (GSPD–05-105), Attachment 5.

Bidder must ensure that the subcontractor(s) will have all necessary licenses, permits, and/or certifications to accomplish its portion of the work. Failure of a subcontractor(s) to have the proper licenses, permits, and/or certifications, shall be cause for rejection of bid. The Bidder Declaration can also be downloaded at which can be downloaded at https://www.documents.dgs.ca.gov/dgs/fmc/GS/PD/GSPD05-105.pdf.

m. Non-Collusion Declaration for Public Works

Bidder must submit, as described herein, a non-collusion declaration for Public Works. The non-collusion declaration is attached to this IFB as Attachment 11. Failure to submit a complete declaration shall result in rejection of the bid.

n. Bonds

i. If the proposed bid amount exceeds $24,999.99, the contractor must submit a bid bond in the amount of at least 10% of the bid amount with the bid packet utilizing a bond form provided by the Surety.

ii. The bid bond must include the IFB No.130797 and must identify the owner as:

IFB No. 130797 10601 Bear Hollow Drive Rancho Cordova, California 95670-6350

iii. Prior to the commencement of performance, the contractor must obtain and provide to the State, a payment bond, on Standard Form 807, when the contract involves a public works expenditure (labor/installation costs) in excess of $24,999.99. Such bond shall be in a sum not less than one hundred percent (100%) of the contract price.

Forms shall be provided to the contractor. The contractor shall ensure the payment bond remains in full force and effect during execution of the contracted work, the guarantee period and through such time that all subcontractors and suppliers are paid in full by the contractor.

iv. If the contract amount is less than $25,000.00, and a subsequent change order or contract amendment causes the total amount of the contract to exceed $24,999.99, then a payment bond will be required in the amount of one hundred percent (100%) of the new contract total amount.

v. If the contract amount exceeds $9,999.99 and progress payments will be made, a performance bond in the amount of 100% of the contract amount must be submitted by the successful bidder at the time signed contracts are returned to the California Military Department. The contractor shall ensure the performance bond remains in full force and effect during execution of the contracted work and guarantee period.

vi. Bonds must be issued by a California-admitted surety (CCP § 995.311.).

o. Insurance

i. The bidder, who receives the Agreement award, must provide a Certificate of

Insurance providing proof of insurance to the California Military Department within ten

(10) working days from the date of notification of award. Refer to the Sample Standard Agreement Exhibit F for the applicable and specific Insurance requirements and coverage limits.

ii. The insurance carrier shall provide an endorsement for the additional insured statement as follows:

CMD, State of California, its officers, agents, and employees shall be included as additional insured, but only with respect to work performed for the State of California under this Agreement.

iii. The additional insured endorsement must accompany the certificate of insurance.

iv. Available Coverages/Limits

v. In the event the insurance coverages obtained by the Contractor is broader in scope than, and/or the limits are higher than, those required under the contract, all such broader coverage and/or higher limits available to the Contractor shall also be available and applicable to the State.

vi. In the case of Contractor and/or Permittee’s utilization of subcontractors to complete the contracted scope of work, contractor and/or Permittee shall include all subcontractors as insured under Contractor and/or Permittee’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor and/or Permittee.

p. California Civil Rights Laws

Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000.00) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification, as Attachment 10, completed, signed, and returned with its bid or proposal.

q. Darfur Contracting Act

i. The Darfur Contracting Act, Public Contract Code Section 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. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. All bidders shall complete the Darfur Contracting Act Certification, Attachment 6, and submit with the proposal.

ii. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, complete Option 1 on the Darfur Contracting Act Certification form.

iii. A scrutinized company is a company doing business in Sudan as defined in Public

Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot bid on, or submit a bid or proposal for an Agreement with a State agency for goods or services. (Pub. Cont. Code Section 10477(a)).

iv. Therefore, Public Contract Code Section 10478(a) requires a company that currently has (or within the previous three (3) years has had business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency.

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

r. Iran Contracting Act

i. Pursuant to the Iran Contracting Act of 2010 (Pub. Cont. Code Sections 2200 et seq., hereinafter “the Act”), persons identified on the list established under Public Contract Code Section 2202.5 (hereinafter “List”) are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the State for goods or services of one million dollars or more.

ii. Any person who submits a bid or proposal must complete and submit to CMD with its bid proposal, the Iran Contracting Act Verification Form, Attachment 7, certifying that it is not on the most current List unless the person is exempted from the certification requirement by Public Contract Code Section 2203(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) with its bid or proposal. The Iran Contracting Act Verification Form can also be downloaded at https://www.dgs.ca.gov//- /media/Divisions/PD/PTCS/OPPL/SCM/SCM-Link-Docs/Iran-Contracting-Act.pdf.

iii. Any person, for a contract that is exempt from bidding or is renewed, or for whom a contract is otherwise awarded by the State, must complete and submit to CMD the Iran Contracting Act Verification Form, certifying that it is not on the most current List, before the contract has been executed by the parties, unless the person is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d), before execution of the contract.

s. Submission of Bid

i. All bids must be submitted to CMD by date and time shown in Section 3, Bid

Requirements and Information, Item a) Key Action Dates.

ii. Bids MUST be submitted electronically.

iii. Electronic Submissions

1. Electronic bid submittals shall be sent to PWC@cmd.ca.gov and shall include Joy Lubic at Joy.Lubic@cmd.ca.gov as a copied recipient.

2. All bid documents will be in an attachment (as one PDF). If any bid information is in the body of the email, it shall be rejected. Bids submitted via links to cloud storage services or file-sharing drives will not be accepted.

3. Subject line must include the IFB No. 130797, March ARB Annual Backflow

Testing and Certification and Contractor Business Name.

4. The bid submission email inbox is ONLY for bid submissions, contact the Contracting Analyst directly with contract questions and/or to receive confirmation that their bid was received.

iv. Late bids will not be considered.

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

vi. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

vii. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

viii. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

ix. Costs for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

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

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

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

xiii. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

xiv. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

xv. Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.

xvi. Where applicable, bidder should carefully examine work sites and specifications.

Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

xvii. The State does not accept alternate contract language from a prospective Contractor.

A bid with such language will be considered a counter proposal and will be rejected.

The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract- Language.

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

xix. Bidder must complete and submit to the awarding agency Payee Data Record, STD

204, Attachment 8, to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

xx. Bidder must sign and submit to the awarding agency, Contractor Certification Clauses

(CCC), Attachment 9, which can be found on the Internet at: https://www.dgs.ca.gov/- /media/Divisions/OLS/Resources/CCC-042017.pdf.

t. Bid Opening

i. Bid openings will be held virtually on Microsoft Teams.

ii. To attend the bid opening, contact Joy Lubic at Joy.Lubic@cmd.ca.gov in advance to request a Microsoft Teams meeting invitation. Requests submitted on the day of the bid opening may not be received or processed in time to allow participation.

u. Evaluation and Selection

i. After the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

ii. The State will evaluate each bid to determine its responsiveness to the published requirements.

iii. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

iv. Award if made, will be to the lowest responsive responsible bidder.

v. The State reserves the right to require the apparent lowest responsive and responsible bidder to participate in a bid verification meeting prior to award of the contract. The purpose of this meeting is to review and confirm the bidder’s pricing, scope understanding, and compliance with all bid requirements. Failure or refusal to participate in the bid verification meeting, or inability to satisfactorily verify the bid, may result in the bid being deemed non-responsive and rejected.

vi. In the event of a tie bids, the award will be determined by a coin toss. The coin toss will be held in the State Agency’s headquarters area office. This is a public event, which the bidders will be invited to attend. The selection of the Contractor will be at the sole discretion of the State.

v. Award and Protest

i. When the evaluation has been completed and a contractor has been selected, the awarding agency shall post a notice of intent to award in a place accessible by the general public, including any Internet site identified in the IFB within 5 to 10 business days after the bid opening date.

ii. State Contracting Manual Volume 1, 6.03 Protest Exclusions: F - The contract award is for a type of contract not subject to the protest procedures. This category includes public works contracts awarded under the State Contract Act (PCC §10100 et seq.);

contracts for professional architecture or engineering services under GC § 4525;

contracts awarded under GC §§ 14838.5 and 14838.7.

w. Disposition of Bids

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

x. Standard Conditions of Service

i. After award of the Agreement and execution of the Agreement, should the Contractor fail to commence work within five (5) working days after notification of the starting date, or suspend work for a period of five (5) continuous working days after work has begun, CMD may provide five (5) calendar days written notice, posted at the job site or mailed to the Contractor, to timely prosecute and complete the work or the Agreement may be terminated and liquidated damages assessed for administrative costs for re-bidding the work or awarding the work to another Contractor. In addition, that Contractor shall be liable to CMD for the difference between the Contractor’s bid price and the actual cost of performing the work by the second low bidder or by another Contractor.

ii. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

y. Antitrust Provisions

i. The Contractor offers and agrees and will require all of his other subcontractors and suppliers to agree to assign to the awarding body all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC section

15) or under the Cartwright Act [Chapter 2, commencing with section 16700, of Part 2 of Division 7 of the Business and Professions Code] arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to the Contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments.

ii. If an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Government Code Sections 4550-4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, on demand, recover from the public body any portion of the recovery, including treble damages, and attributable overcharges that were paid by the assignor but were not paid by the public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. On demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under Government Code Sections 4550-4554 if the assignor has been or may have been injured by the violation of law for which the cause of action arose and

(a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

z. If the bidder is awarded the Agreement and refuses to sign the Agreement presented for signature within 10 business days of receipt, (not including Saturdays, Sundays, and legal holidays) and manner required, the bidder will be liable to CMD for actual damages resulting to CMD therefrom or 10 percent (10%) of the amount bid, whichever is less.

aa. Loss Leader usage is prohibited in this solicitation: 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 California Business and Professions Code Section 17030. "Loss Leader" means 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 tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors.

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

4. Special Programs

a. Disabled Veteran Business Enterprise (DVBE) Program Requirement –

**Requirement is not applicable to this IFB**

i. DVBE Participation Program with Goals:

1. The required DVBE participation does not apply to this IFB. The resultant Agreement is financed with State funds and subject to Public Contract Code Section 10115 et seq., Military and Veterans Code Section 999 et seq., and Title 2, California Code of Regulations, Sections 1896.60 (2 CCR Section 1896.60) et seq., that provides contracting opportunities for qualified DVBEs certified by the DGS. The DVBE Incentive Program may also apply.

2. Bidder shall complete and submit the Bid/Bidder Certification Sheet

Attachment 2; Bidder Declaration (GSPD-05-105), Attachment 5, and, as applicable, the Disabled Veteran Business Enterprise Declarations (DGS PD 843), Attachment 4. Bidder shall complete or collect DGS PD 843(s) when the following situations occur:

a. Bidder is DVBE (prime) Contractor.

b. Bidder subcontracts with any DVBE firm. Bidder collects and submits with its bid package a completed and signed DGS PD 843 from each of the DVBE subcontractor(s) listed on the GSPD-05-105.

3. Failure to provide required DVBE information will result in the bid being rejected as non-responsive. For each certified DVBE subcontractor listed on the Bidder Declaration, GSPD-05-105, the bidder may submit a copy of the quotes from each DVBE as Attachment 5, “Quotes from SB/DVBE Subcontractors”, as proof of commitment.

4. Additional references: https://www.dgs.ca.gov/PD-OSDS.

ii. DVBE Incentive Program

1. The DVBE Incentive Program applies to this solicitation. It is separate from the

DVBE Participation Program and was established in Military and Veterans

Code Sections 999 et seq., and Title 2, California of Regulations, Sections

1896.99 (2 CCR Section1896.99) et seq., to encourage bidders to partner with DVBE subcontractors. A dollar cap of $100,000 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible bidder with the confirmed DVBE participation per the Tables in paragraph 3 below is eligible to receive the incentive. Bidders who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

2. CMD will apply an incentive to bids proposing the utilization of DGS certified

DVBE firms identified on the Bidder Declaration (GSPD-05-105). Information provided on the GSPD-05-105 shall be verified by CMD prior to the award of the Agreement. The incentive amount is equal to a percentage of the lowest responsive and responsible bid based on the amount of DVBE participation in the bid being evaluated per the Tables below.

3. Tables for IFB (Low Price Method)

Required 5%Goal

Verified DVBE Participation DVBE Incentive Amount

7.00% or more 5% 6.50% - 6.99% 4% 6.00% - 6.49% 3% 5.50% - 5.99% 2% 5.01% - 5.49% 1%

4. When applying the DVBE Incentive, an NSB shall not displace an award to a

DGS Certified Small Business.

5. Additional information: https://www.dgs.ca.gov/PD-OSDS.

b. Small Business (SB) or Microbusiness (MB) Preference

i. Government Code Section 14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a certified SB or MB. References to a SB shall also include MB. The rules and regulations of this law, including the definition of a SB for the delivery of services, are contained in Title 2, California Code of Regulations, Section 1896 (2 CCR Section 1896) et seq.

ii. To claim the SB preference, your firm must have its principal place of business located in California and be certified by the California Department of General Services (DGS), Office of Small Business and DVBE Services (OSDS). The preference amount may not exceed fifty thousand dollars ($50,000) for any bid. If prospective Contractor is claiming the five percent (5%) SB preference, complete Section 14 of the Bid/Bidder Certification Sheet Attachment 2.

iii. Pursuant to Government Code Section 14838 and 2 CCR Section 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least twenty five percent (25%) of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) NSB preference, complete the Bidder Declaration, GSPD-05-105, which can be downloaded at https://www.documents.dgs.ca.gov/dgs/fmc/GS/PD/GSPD05-105.pdf.

Bidder shall list the names of all certified SB firms being claimed for credit on the GSPD-05-105 form. For each certified SB subcontractor listed, the bidder shall submit a copy of the quotes from each SB (on the SB’s company letterhead) as Attachment 5, “Quotes from SB/ DVBE Subcontractors.”

1. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

2. Certified SB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s).

3. SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder.

4. Questions regarding the certification approval process or SB program should be directed to OSDS at the contact information found on their website.

5. Additional references are at https://www.dgs.ca.gov/PD-OSDS.

c. Commercially Useful Function

i. It is the law. 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-certified firms - SB and DVBE - that do business with the state (Government Code Section 14837 and Military and Veterans Code Section 999).

ii. More information can be found on Department of General Services website:

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

d. CMD Advocates

CMD Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors. CMD ADVOCATES:

Advocate@cmd.ca.gov.

5. 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 shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

6. Required Attachments (Attachments 1 – 12):

Attachment 1 – Required Attachment Check List

Bidder’s Company Name:

A complete bid or bid package will consist of the items identified below.

Attachment Attachment Name/Description

Attachment 1 Required Attachment Checklist

Attachment 2 Bid/Bidder Certification Sheet

Attachment 3 Rate Sheet

Attachment 4 Disabled Veteran Business Enterprise Declarations (DGS PD 843) * https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

Attachment 5 Bidder Declaration (GSPD-05-105) * https://www.documents.dgs.ca.gov/dgs/fmc/GS/PD/GSPD05-105.pdf

Attachment 6 Darfur Contracting Act Certification

Attachment 7 Iran Contracting Act Verification Form * https://www.dgs.ca.gov//-/media/Divisions/PD/PTCS/OPPL/SCM/SCM-Link- Docs/Iran-Contracting-Act.pdf

Attachment 8 Payee Data Record (STD 204) https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf

Attachment 9 Contractor Certification Clauses (CCC 04/2017) https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf

Attachment 10 California Civil Rights Laws Attachment * https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf

Attachment 11 Non-Collusion Affidavit

Additional Required Information: The Prime Bidder must be either an individual or firm currently licensed to do business in California.

1. The Prime Bidder has a business license or incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California.

2. The Prime Bidder and their subcontractors shall possess required license(s) issued by the California Contractors State Licensing Board (CSLB) and be registered with the Department of Industrial Relations (DIR).

3. Prime Bidder shall provide a bid bond with their bid packet.*

* If applicable

Attachment 2 – Bid/Bidder Certification Sheet

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

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Rate Sheet.

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

C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals.

D. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document.

The signature below authorizes the verification of this certification.

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

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Email Address Indicate your organization type:

4. ☐ Sole Proprietorship

5. ☐ Partnership

6. ☐ Corporation

6a. ☐ L.L.C. Limited Liability Corporation

Indicate the applicable employee and/or corporation number:

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

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date:

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

California Small Business Enterprise Disabled Veteran Business Enterprise

Yes ☐ No ☐ Yes ☐ No ☐

If yes, enter certification number: If yes, enter certification number:

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

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

Attachment 2 – Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

4 Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one (1) person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

5 Check if your firm is a partnership. A partnership is a voluntary agreement between two

(2) or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two (2) or more persons to carry on, as co-owners, a business for profit.

6, 6a Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. Or a Limited Liability Corporation.

7 Enter your federal employee tax identification number.

8 Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

9 Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, Must be completed. These items are self-explanatory.

14 If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

Attachment 3 – Rate Sheet

Contractor agrees to provide to CMD March ARB Annual Backflow Testing and Certification services, as described herein:

Contractor shall provide all materials, labor, bonds, licenses, insurance, equipment, tools, permits, taxes, transportation, and fees to ensure the inspection, testing and certification of Thirty-Three (33) Backflow Devices.

Description of Services Total

March ARB Annual Backflow Testing and Certification

(Base Project All-inclusive Cost)

Total Lump Sum (Written)

In the event of a discrepancy between the written bid amount and the numerical (dollar) bid amount, the written amount shall govern and be considered the official bid amount.

**Following Cost Sheet must be filled out as part of the Bid.

Submitted by: ____________________________________________ Date: _________________

Contact Name / Title:

Company Name:

Company Address:

Telephone Number:

Fax Number:

E-Mail Address:

The total costs indicated above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual costs quoted above by the bidder shall be binding for the term of the Agreement. Small Business and Disabled Veteran Business Enterprise incentives will also be applied to determine the lowest bid.

Addendum Acknowledgement (Please initial for Addenda published on Cal eProcure)

Addendum #1 Addendum #4 Addendum #7

Addendum #2 Addendum #5 Addendum #8

Addendum #3 Addendum #6 Addendum #9

Failure to acknowledge the published addendum on Cal eProcure may result in the bid being deemed non-responsive.

Attachment 4 – Disabled Veteran Business Enterprise Declarations (DGS PD 843)

Bidders who are disabled veteran (DV) owner(s) and DV manager(s) of a Disabled Veteran Business Enterprise must complete Disabled Veteran Business Enterprise Declarations (DGS PD 843) when a DVBE Contractor or subcontractor will provide materials, supplies, services or equipment and include it with the bid response.

The DGS PD 843 Disabled Veteran Business Enterprise Declarations form can be found at:

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

THE REST OF THIS PAGE IS BLANK

Attachment 5 – Bidder Declaration Form (GSPD-05-105)

All bidders must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid response.

The Bidder Declaration Form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/GS/PD/GSPD05-105.pdf

Attachment 6 – Darfur Contracting Act Certification

Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a "scrutinized" company as defined in Public Contract Code section 10476.

Therefore, to be eligible to submit a bid or proposal, please complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):

1. We do not currently have, or we have not had within the previous three Initials years, business activities or other operations outside of the United States.

OR

2. We are a scrutinized company as defined in Public Contract Code section Initials 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. We currently have, or we have had within the previous three years, business activities or other…