BIDDER_INSTRUCTIONS.pdf

Department of Transportation REQUEST FOR QUOTE - IT GOODS (over $50,000)

Caltrans Instructions to Bidders (Rev. 8/2022)

1. Award will be conditional on providing the following information. Caltrans does not accept alternate or modified language or forms from a bidder. A quote with such changes will be considered a counter proposal and will be rejected. All quotes shall include the documents identified in the Required Documents Checklist (page 2). Quote submittals not including the required attachments shall be deemed non- responsive.

Bidder may provide its quotes on the request for quote sheet or its own letterhead as long as quantities, unit of measure, Commodity or Product Code (if applicable), and Description/Specifications/Pallet Requirements are exactly the same as the request for quote sheet – changes or incorrect information on the bidder’s letterhead may be deemed non-responsive. A non-responsive quote is one that does not meet the basic quote requirements.

2. Method of Award: This solicitation shall be awarded to the lowest responsive responsible bidder as indicated by the checked box for Quotation Award on the quote sheet. The award of this request shall be determined by Caltrans, Division of Procurement and Contracts. The disabled veteran business enterprise (DVBE) Incentive and small business (SB) preferences will be used for evaluation purposes.

3. Quote Requirements A. Award of Contract: Award of contract, if made, will be in accordance with the

RFQ information on Evaluation to a responsible bidder whose bid complies with all the requirements of the RFQ documents and an addenda thereto, except for such immaterial defects as may be waived by the State. Award, if made, will be made within forty-five (45) days after the scheduled date for Contract Award as specified in the RFQ; however, a bidder may extend the offer beyond 45 days in the event of a delay of contract award.

The State reserves the right to determine the successful bidder(s) either on the basis of individual items or on the basis of all items included in its RFQ, unless otherwise expressly provided in the State’s RFQ. Unless the bidder specifies otherwise in its bid, the State may accept any item or group of items of any bid. The State reserves the right to modify or cancel in whole or in part it’s RFQ.

Written notification of the State’s intent to award will be made to all bidders. If a bidder, having submitted a bid, can show that its bid, instead of the bid selected by the State, should be selected for contract award, the bidder will be allowed five (5) working days to submit a Notice of Intent to Protest, according to the instructions contained in the paragraph titled “Protests” of this RFQ.

B. Protests: Any bidder’s issues regarding solicitation requirements must be resolved (or attempts to resolve them must have been made) before a protest may be submitted according to the procedure below. These issues will first be resolved by the contact for the solicitation or if they result in a protest, the protest will be submitted to DGS Procurement Division Deputy Director to hear and resolve issues and whose decision will be final.

If a bidder has submitted a bid which it believes to be responsive to the requirements of the RFQ and to be the bid that should have been selected according to the evaluation procedures in the solicitation and the bidder believes the State has incorrectly selected another bidder for award, the bidder may submit a protest of the selection as described below. Protests regarding selection of the “successful bidder” will be heard and resolved by the Victim Compensation and Government Claims Board whose decision will be final.

All protests of award must be made in writing, signed by an individual authorized to bind the bidder contractually and financially, and contain a statement of the reason(s) for protest; citing the law, rule, regulation or procedure on which the protest is based.

The protester must provide facts and evidence to support the claim. Protests must be mailed or delivered to:

Street and Mailing Address:

Deputy Director Procurement Division 707 Third Street, Second Floor South West Sacramento, CA 95605 Facsimile No.: (916) 375-4611

All protests to the RFQ or protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by DGS Procurement Division Deputy Director as promptly as possible, but not later than the date indicated in the Notification of Intent to Award. Certified or registered mail must be used unless delivered in person, in which case the protester should obtain a receipt of delivery.

C. Delivery: Final delivery, inspection, and acceptance shall be at the location indicated on the shipping address.

D. Quotes: Prices noted on the attached request for quote sheet(s) shall be all inclusive. Only the prices/charges submitted in the quote response shall be accepted and included in the awarded purchase order.

E. Sales Tax is not to be included on the quote sheet. If awarded this bid, the Purchase Order will include applicable sales tax. Sales tax should be added at time of invoicing. 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). Unless otherwise required by law, the State of California is exempt from Federal excise taxes. The State will only pay for any State or local sales or use taxes on the services rendered or goods supplied to the State pursuant to this contract.

F. Quotation Award: For the purposes of this solicitation, contract award will be made as indicated on the quote sheet.

G. In the event of a precise tie between the quote of a certified SB and the quote of a certified DVBE that is also a SB, the award shall go to the DVBE that is also a SB.

Reference State of California Government Code (GC) section 14838 (f).

H. Cash Discounts: Cash discounts will not be considered when evaluating bid responses for award purposes. However, cash discounts may be offered and taken when processing invoices within the timeframe specified.

I. Shipment: For the purposes of this solicitation, only quotes with FOB Destination freight prepaid will be accepted. Freight cost shall be included in cost of commodity – no additional freight charges added by vendor. State does not own goods during shipment.

J. Bidder’s Instructions and General Provisions: The referenced Bidder’s Instructions (GSPD-451) and General Provisions (GSPD-401IT) are incorporated by reference: Please read carefully.

K. Quotation attachments: Bid responses that reference a supplier’s own terms and conditions or provisions will be considered non-responsive and will be rejected.

L. Important Note: Bids shall be submitted by the bid due date and time. If no time is stated for the quote submission due date and time, the time shall be by close of business on the date it’s due.

M. Responsive Bidder: A vendor provides a bid response that is compliant with solicitation requirements and indicates performance without material deviation from the terms and conditions of the proposed purchase order.

N. Responsible Bidder: Caltrans may require bidder(s) to submit evidence of their qualifications at such times and under conditions, as it may deem necessary. The question of whether a particular bidder is a responsible bidder may involve an evaluation of the bidder’s experience, type of facility, expertise or financial resources regarding the particular items requested by the pertinent solicitation. If a bidder has been determined to be non-responsible, the quote shall be rejected.

O. Questions Regarding the Request for Quote: Bidders requiring clarification of the intent or content of this RFQ or on procedural matters regarding the competitive RFQ process may request clarification by submitting questions in writing prior to the quote due date to the procurement official (Requester) identified in this RFQ (refer to page 1).

P. Seller’s Permit: If applicable, please note that award will be conditional on providing the following document prior to award. You must provide your company’s California retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization (BOE), pursuant to all requirements as set forth in Sections 6487, 7101 and sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section

10295.1 of the Public Contract Code. In order to expedite the process of verifying the validity of the permit, provide the BOE Seller’s Permit number (or attach a copy of the permit with your proposal/quote).

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

1) GC section 14835 et seq. requires that a five percent (5%) preference be given to bidders who qualify as a certified SB or MB. References to SB shall also include MB.

2) The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. The new regulations can be viewed at (www.pd.dgs.ca.gov/smbus). Access the regulations by Clicking on “Small Business Regulations” in the right sidebar. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services at (916) 375- 4940.

http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf https://www.dgs.ca.gov/PD/Search-Results?search=401%20IT&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&activeFilters=division-or-office-facets http://www.pd.dgs.ca.gov/smbus

3) Small Business Certification: Bidders claiming the Small Business preference must be certified by California Department of General Services (DGS) as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the DGS Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted. Small Business Nonprofit Veteran Service Agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due.

4) Small Business Nonprofit Veteran Service Agencies (SB/NVSA) prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference. If applicable, claim the preference on page 2 of this solicitation.

5) 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.

6) Pursuant to GC section 14838 and 2 CCR 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 25 percent (25%) of its net bid price to one or more certified SBs. Certified SB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s).

7) SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

8) Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940. For the 24-Hour Recording & Mail Request call (916) 322-5060, or E-mail:

osdshelp@dgs.ca.gov.

9) Additional references are at DGS Office of Small Business and DVBE Services website.

R. DVBE Participation Program with NO Goals: The DVBE participation requirement for this solicitation is waived; however, DVBE participation is encouraged, and a DVBE incentive will apply to this Request for Quote as described below.

S. DVBE Incentive Program: The disabled veteran (DV) owner(s) and DV manager(s) of the Disabled Veteran Business Enterprise (DVBE) must complete the STD. 843 Disabled Veteran Business Enterprise Declaration when a DVBE contractor or subcontractor will provide materials, supplies, services or equipment [Military and Veterans Code Section 999.2]. The STD. 843, Disabled Veteran Business Enterprise Declaration form is found on the DGS website. The STD. 843 must be completed and submitted with bid package. The DVBE Incentive Program applies to this solicitation.

It is separate from the DVBE Participation Program and was established in Military and Veterans Code (MVC) §999 et seq., and 2 California Code of Regulations (CCR) mailto:osdshelp@dgs.ca.gov http://www.dgs.ca.gov/pd/Programs/OSDS.aspx http://www.dgs.ca.gov/pd/Programs/OSDS.aspx http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

§1896.99 et seq. 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 100% DVBE participation is to receive the incentive. Bidders who are not responsive and not responsible are not eligible to receive the incentive. Caltrans will apply this incentive to bids proposing the utilization of DGS Certified DVBE firms identified on the STD. 843, DVBE Declaration form. The Information provided shall be verified by Caltrans prior to the award of the purchase order. When applying the 5% DVBE Incentive, a Non-Small Business shall not displace an award to a DGS Certified Small Business.

1) Caltrans 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 Bidder Declaration, GSPD-05-105 shall be verified by Caltrans prior to the award of the contract. 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.

Verified DVBE Participation DVBE Incentive Amount 5% or more 5%

4% - 4.99% 4%

3% - 3.99% 3%

2% - 2.99% 2%

0.1% - 1.99% 1%

2) When applying the DVBE Incentive, a NSB shall not displace an award to a DGS Certified Small Business. Refer to SCM Vol. 2, Section 3.5.5 for DVBE incentive percentage details.

T. New Equipment: All equipment to be provided in response to a State of California solicitation shall be new and latest model in current production. Used, shopworn, demonstrator, prototype or discontinued models are not acceptable.

U. State Agency Buy Recycled Campaign (SABRC) Program: Departments will consider Recycled Content Products (RCP) in conducting its purchasing activities. All departments are required to comply with the RCP requirements of the State Agency Buy Recycled Campaign contained in PCC Sections 12200-12217.

The SABRC reportable categories and requirements are located on the CalRecycle website.

Recycled Content Products: State agencies are required to report purchases in many product categories. In order to comply with those requirements, contractors are required to complete and return the attached Recycled Content Certification form with your quote response. Failure to complete and return the form may disqualify your bid from consideration.

Recycle Certification: Your signature affixed hereon and dated on the Bid/Bidder Certification Sheet shall signify that you are aware of the recycle materials, goods, and http://www.calrecycle.ca.gov/BuyRecycled/StateAgency/Buying.htm http://www.calrecycle.ca.gov/BuyRecycled/StateAgency/Buying.htm supplies program requirements of PCC sections 12200 and 12205, and that the Recycle Content Certification will be required for the successful contractor.

The awarded bidder will be required to complete a Recycle Content Certification form, ADM-2038, 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.