C23690021_-_IFB.pdf

DUST SUPPRESSANT APPLICATION SERVICES

Prairie City State Vehicular Recreation Area

Invitation for Bids

STATE OF CALIFORNIA

THE RESOURCES AGENCY

DEPARTMENT OF PARKS AND RECREATION

GOLD FIELDS DISTRICT

7806 FOLSOM-AUBURN ROAD

FOLSOM, CALIFORNIA 95630-1797

Table of Contents

INVITATION FOR BIDS: NUMBER OF PAGES:

Invitation for Bids Instructions to Bidders

Small Business (SB) Notice (DPR 478) Disabled Veteran Business Enterprise (DVBE) Notice – WAIVED – (DPR 479 IW) Dust Suppressant Application Services Scope of Work, Exhibit A, Attachment 1 Dust Suppressant Application Services Bid Form, Exhibit B, Attachment 1 (SAMPLE)

Maps of Service Locations, Exhibit E

C23690021

INVITATION FOR BIDS

Electronically Submitted Portable Document File (PDF) Bid Document Packages will be accepted at

ContractBidReceipt.GoldFields@parks.ca.gov by the Department of Parks & Recreation’s (DPR) Gold Fields District until 10 a.m. on April 12, 2024 to provide all labor, tools, equipment, materials, vehicles and transportation necessary to supply and apply two hundred (200) tons per service of non-toxic Cargill Magnesium Chloride “Dust Off” dust suppressant or the equivalent to the roadways and staging areas of Prairie City State Vehicular Recreation Area (PCSVRA) annually during the months of May, July or August and as further determined necessary. Specific work dates shall be agreed upon in advance by the Contractor’s and the State’s Representatives. Contractor hereby certifies that all services performed are not a Loss Leader.

Services shall be complete and ready for use in accordance with the contract documentation, scope of work and services bid form for stipulated sums which shall include all applicable expenses such as permits, taxes, etcetera. Bids will be opened publicly over conference-call, 1-877-399-7339, Participant Code: 61796097.

NO BID WILL BE CONSIDERED UNLESS IT IS PREPARED AND SUBMITTED IN ACCORDANCE WITH THE

CONDITIONS SET FORTH IN THE INSTRUCTIONS TO BIDDERS FOR C23690021 – DUST SUPPRESSANT

APPLICATION SERVICES. It is the responsibility of the Bidder to review the solicitation in its entirety to ensure that there is a complete understanding of the performance expectations and contracting conditions. Submittal of a Bid indicates that Bidder understands, acknowledges and accepts the performance expectations and contracting conditions contained within the contracting documentation. Bid submission time will be as of the electronic time stamp associated with when the electronic email submission was received. Submissions with attached PDF documents exceeding 10 Megabytes (10MB) in size risk being rejected and can be deemed unresponsive. DPR will provide an individual electronic email response confirming receipt of each submission received. If a confirmation receipt is not received within 30-minutes of submission, please contact Jill

Brandt at Jill.Brandt@parks.ca.gov or Holly Welch at Holly.Welch@parks.ca.gov to confirm your bid was received.

Confirmation receipt is not a representation by DPR that the submitted bid is responsive and complete. Bidders shall ensure that the electronic submission contains the attachment, the documents are fully responsive and lack any deficiency and is directed to the appropriate email address ContractBidReceipt.GoldFields@parks.ca.gov without error. Failure to do so risks the bid being deemed unresponsive. It is recommended that Bidders submit bids at least an hour in advance of the bid submission deadline to allow for confirmation of bid submission.

Examination of Site: Prospective Bidders are responsible for inspecting the sites before submitting a bid.

DVBE REQUIREMENTS: WAIVED, but Incentive Still Applies

SMALL BUSINESS INCENTIVE: YES

ESTIMATED VALUE: $135,000.00

The Legal Term and Performance Period of this contract, if awarded, shall commence on MAY 15, 2024 OR UPON DPR

APPROVAL, WHICHEVER IS LATER and terminate MAY 14, 2027 OR THREE YEARS FROM DPR APPROVAL, WHICHEVER IS LATER.

Questions concerning the scope of work should be directed to the Prairie City Sector’s Worker II Ryan Boeck on his cell phone: (916) 709-2001 or email: Ryan.Boeck@parks.ca.gov.

Questions concerning the contracting documents should be emailed to Gold Fields District’s Staff Services Analyst Jill

Brandt at Jill.Brandt@parks.ca.gov and to Associate Governmental Program Analyst Holly Welch at

Holly.Welch@parks.ca.gov.

mailto:ContractBidReceipt.GoldFields@parks.ca.gov mailto:Jill.Brandt@parks.ca.gov mailto:Holly.Welch@parks.ca.gov mailto:ContractBidReceipt.GoldFields@parks.ca.gov mailto:Ryan.Boeck@parks.ca.gov mailto:Jill.Brandt@parks.ca.gov mailto:Holly.Welch@parks.ca.gov

INVITATION FOR BIDS

Instructions to Bidders

1. Rules and Regulations: Bidders are advised that the work to be performed is within the boundaries of a State Park and all Bidders and their employees are subject to the rules and regulations of the State Park Commission as set forth in the California Code of Regulations, Chapter 1, Division 3, Title 14.

2. Examination of Site: Prospective Bidders are responsible for inspecting the sites before submitting a bid.

3. 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.

By submitting a bid, Bidder certifies that all services performed are not a Loss Leader.

4. Bid Price: Bids shall include the cost of all items mentioned in the scope of work/specifications or reasonably inferred therefrom, as necessary to complete all work required within the intent of the contract documents. Bids shall include all applicable Federal and State expenses, together with the cost of all taxes, permits, licenses, insurance and the like, which may be required under various laws and regulations.

In the event of a discrepancy between the unit price and the total set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause or is omitted, the amount set forth as the item total shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

In the event of a discrepancy between the stipulated totals and the actual sum of the totals, the actual sum of all item totals shall prevail.

5. Small Business Preference: A five percent (5%) preference may be claimed on the Bid Form by service firms prequalified as a Certified Small Business (SB) or Certified Micro Business (MB), or to a non-SB/MB subcontracting 25% or more of the total monetary amount of the bid in supplies and/or labor costs with Certified SB/MB subcontractors in accordance with Title 2, Section 1896 of the California Code of Regulations. A business concern desiring information or prequalification should contact the Office of Small Business and Disabled Veteran Business Enterprises (DVBE) Services (OSDS), 707 Third Street, First Floor, Room 400, West Sacramento, California, 95605, telephone: (916) 375-4940.

6. DVBE: All bidders, whose price exceeds $10,000, shall meet DVBE participation requirements as set forth in the enclosed DVBE

Notice. Failure to fulfill the DVBE requirements will render the bid non-responsive. A DVBE incentive may also be applied, as explained on the enclosed “notice”, if applicable.

Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817) - In an effort to strengthen DVBE program requirements, legislation was enacted in 2019 and 2020 to ensure accuracy and completeness of the award to Contractors and paid amounts reported, including requests to prime contractors for proof of payment to DVBE subcontractors. The State requires submission of a complete and accurate Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817) upon contract completion. Be advised that the State will withhold $10,000, or full payment if less than $10,000, from a prime contractor’s final payment pending receipt of a complete and accurate STD 817. Furthermore, Contractors shall retain all information provided by prime contractors and contract records for a minimum of 6 years from date of receipt.

7. Bidders are cautioned not to rely on Department of Parks and Recreation during its evaluation process to discover and report to the bidders any defects and/or errors in the submitted documents. Before submitting their documents, bidders should carefully proof them for errors and full adherence to the Invitation for Bids requirements.

8. Only an individual who is legally authorized to bind the proposing firm contractually shall sign all documents requiring a signature and each document must bear an original ink signature.

9. Costs for developing bids and in anticipation of award of an Agreement is entirely the responsibility of the Bidder and shall not be charged to the State.

10. Submission of Bids: Electronically Submitted Portable Document File (PDF) Bid Document Packages will be accepted at

ContractBidReceipt.GoldFields@parks.ca.gov by the Department of Parks & Recreation’s (DPR) Gold Fields District until 10 a.m.

on April 12, 2024. Bids will be opened publicly over conference-call, 1-877-399-7339, Participant Code: 61796097. It shall be the responsibility of the Bidder to review the solicitation in its entirety to ensure that there is a complete understanding of the performance expectations and contracting conditions. Submittal of a Bid indicates that Bidder understands, acknowledges and accepts the performance expectations and contracting conditions contained within the contracting documentation. Bid submission time will be as of the electronic time stamp associated with when the electronic email submission was received. Submissions with attached PDF documents exceeding 10 Megabytes (10MB) in size risk being rejected and can be deemed unresponsive. DPR will provide an individual electronic email response confirming receipt of each submission received. If a confirmation receipt is not received within 30-minutes of submission, please contact Jill Brandt at Jill.Brandt@parks.ca.gov or Holly Welch at Holly.Welch@parks.ca.gov to confirm your bid was received. Confirmation receipt is not a representation by DPR that the submitted bid is responsive and complete. Bidders shall ensure that the electronic submission contains the attachment, the documents are fully responsive and lack any deficiency and is directed to the appropriate email address ContractBidReceipt.GoldFields@parks.ca.gov without error. Failure to do so risks the bid being deemed unresponsive. It is recommended that Bidders submit bids at least an hour in advance of the bid submission deadline to allow for confirmation of bid submission. The State reserves the right to waive immaterial defects.

11. At the time of the bid opening, each Bidder’s bid total and any Certified DVBE or Small and/or Micro Business information (if applicable) will be read aloud. Bids are considered preliminary pending review and verification of applicable bid requirements such as: Small Business Preference, DVBE, licensing, bonding, qualifications, or other requirements as stated in the Invitation for Bids.

Agreements will be awarded to the lowest responsive responsible bidder.

12. Licensure: All Bidders must possess, maintain and shall furnish proof of a valid Business License for the City or County in which your business is established as well as any type of specialty licensure by the Bid Deadline.

13. Withdrawal of Bids: Any bid may be withdrawn prior to the deadline fixed on the Invitation for Bids, provided a written request for withdrawal is submitted by Bidder or his/her authorized representative and filed via the submission method shown on the Invitation for Bids. No bid may be withdrawn after the deadline fixed for the submission of bids.

14. Public Opening of Bids: Bids will be opened and read aloud on the date indicated on the Invitation to Bidders. Bidders or their authorized representatives are invited to be present at the bid opening as proscribed in the Invitation for Bidders. In the case of a tie bid, the determination of a successful Bidder will be made by coin toss in the presence of all interested parties.

15. Rejection of Bids: Bids may be rejected if they show any alteration of form, additions not called for, conditioned bids, incomplete bids or irregularities of any kind. Only those bids which cover all the work called for and meet all requirements specified will be considered. Department of Parks and Recreation does not accept alternate Agreement language from Bidders. A bid with such language will be considered a counter proposal and will be rejected. If the bid documentation, in whole or part, is dated before the bid or re-bid is released, with the exception of the Small/Micro/DVBE printouts from DGS, your bid may will be deemed non-responsive and will be rejected. The State’s General Terms and Conditions (GTC 04/2017) are not negotiable. Bids must include the performance of all the services described herein. Any attempt to modify the bid documentation to deviate from the scope of work and/or work specifications will not be considered and will cause a bid to be rejected. A bid may be rejected if it is conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. Department of Parks and Recreation may reject any bid on the basis that it is not responsive or from a non-responsible bidder. Department of Parks and Recreation waiver of an immaterial defect shall in no way modify the Invitation for Bids documents or excuse the bidder from full compliance with all requirements if awarded the agreement.

16. Contract Award: The contract, if awarded, will be to the lowest responsible Bidder who complies with all the requirements mailto:Jill.Brandt@parks.ca.gov mailto:Holly.Welch@parks.ca.gov specified in the invitation for bids documents, which include, among others, the Invitation for Bids, Instructions to Bidders, Scope of Work and/or Specifications, Bid Forms, and when applicable, additional instructions to Bidders and/or any addenda thereto as may be issued prior to the bid opening.

17. Procedure for Protesting Award:

A. Whenever a contract is awarded under the Invitation for Bids (IFB) procedure, but the contract is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five working days prior to the award of the contract.

B. After bid opening, all bids shall be available for public inspection. Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the office of the originating unit at least five (5) working days prior to awarding the contract.

C. If, prior to the award, any bidder files a protest again the awarding of the contract on the grounds that he/she is the lowest responsible bidder meeting the specifications of the IFB, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services (DGS), Office of Legal Services (OLS), has decided the matter.

D. Protests of award shall be in writing and filed as follows:

Original filed with: Written copy served upon:

Department of General Services Department of Parks & Recreation (DPR) Office of Legal Services Administrative Services Division Attention: Bid Protest Coordinator Attention: Contract Services’ Unit Manager 707 Third Street, 7th Floor, Suite 7-330 715 P Street, 12th Floor West Sacramento, CA 95605 Sacramento, CA 95814 Email: OLSProtests@dgs.ca.gov

E. Within five (5) working days after filing the protest, the protestant shall file a full and complete written statement specifying the grounds for the protest with the Office of Legal Services.

F. The Contract Services Unit Manager will provide assistance to the OLS in the disposition process.

18. Disposition of Protests: Following receipt of a protest, filed as proscribed, the OLS shall determine whether the protest is to be resolved by written submission of material or public hearing.

19. Hearing Procedure:

A. If a public hearing is to be held, the OLS shall set a date, time and place for the hearing and shall notify all interested parties not less than five (5) calendar days in advance of the hearing.

B. If the protest is to be determined through written submissions, notice shall be sent to all interested parties, each of whom may submit written argument in support of its position.

C. Interested parties are defined as the DPR, the protestant and the proposed contract awardee.

D. At any time the OLS finds that a protest is clearly insufficient on its face, entirely without merit, or outside the scope of its jurisdiction, it may make final disposition of the protest immediately.

E. The OLS shall notify all interested parties in writing of its decision within thirty (30) calendar days after the submission for decision.

F. The OLS arranges for all hearings to be recorded by a hearing reporter. Any interested party may arrange with the reporter to have a transcript prepared at his or her own cost.

20. Contract Documents: The contract documents consist of the Standard Agreement – STD 213, Scope of Work and/or mailto:OLSProtests@dgs.ca.gov

Specifications, Budget Detail, Bid Form, General Terms & Conditions, Special Terms & Conditions, Additional Provisions (when applicable), Payee Data Record and Supplement (if applicable), Darfur Contracting Act Certification, California Civil Rights Laws Certification (when applicable), Contractor’s Certification Clauses, the DVBE and/or S/MB Certification and Documentation (when applicable), Insurance Certificates and Endorsement Pages, Waiver of Subrogation, Payment and Performance Bonds (when applicable and if required), Addenda (if issued), and all other documents incorporated into the Standard Agreement by reference.

21. Execution of Contract: The contract documents shall be signed by the successful Bidder and returned within the ten (10) calendar days after award.

22. Approval of Contract: The contract agreement in the form of a “Standard Agreement – STD 213” and any attached documents, shall be a binding contract upon the State only after approval by the State.

23. Payee Data Record and Supplements: Included with the contract documents will be a Payee Data Record (STD 204), the Payee

Data Record Supplement (STD 205) (if applicable) and the Payee Data Record Supplement Goods vs. Services (DPR 88), which must be completed, signed and returned to the Department along with the contract documents.

24. Darfur Contracting Act:

A. The Darfur Contracting Act, Public Contract Code section 10475-10481, applies to any company that currently or within the previous three 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. Contractors shall complete the Darfur Contracting Act Certification (DPR 074).

B. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Generally, scrutinized companies are ineligible to, and cannot submit a quotation or proposal for an Agreement with a State agency for goods or services. (Pub. Cont. Code section 10477(a)). A scrutinized company may still; however, submit a quotation 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).

C. 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 quotation or proposal to a State agency.

25. California Civil Rights Laws: Any person that submits a quotation 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) or more shall certify, under penalty of perjury, at the time the quotation 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 (DGS OLS 4). The completed, originally signed document must be returned with the quotation or proposal.

26. Laws to be Observed: Bidder shall keep fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Bidder shall at all times observe and comply with, and shall cause all agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement. If any discrepancy or inconsistency is discovered in the plans, drawings, specification, or Agreement for the work in relation to any such law, ordinance, regulation, order, or decree, the Bidder shall immediately report the same to the Department of Parks and Recreation Contract Administrator in writing.

27. Insurance Requirements: When Contractor submits a signed agreement to State, Contractor shall furnish to State a Certificate(s) of Insurance and endorsements in compliance with the following requirements:

A. Policy:

The Certificate of Insurance shall: (a) be in a form acceptable to State; (b) be written by an insurer acceptable to the State; (c) be maintained at Contractor’s sole expense; (d) be in full force for the complete term of the agreement; (e) be primary, and not in excess to any insurance carried by State; (f) be furnished to State within five (5) days, upon request.

Coverage: (Additional coverage beyond the following, when required, shall be identified though an attachment to the agreement.)

A. General Liability Insurance: Contractor shall procure commercial general liability insurance covering liability arising out of premises operations, products/completed operations, independent contractors, personal/advertising injury and liability assumed under an insured contract with limits not less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. Said policy shall apply separately to each insured against whom any claim is made or suit is brought subject to Contractor’s limit of liability.

B. Motor Vehicle Liability Insurance: Contractor shall maintain motor vehicle liability insurance with limits not less than

$1,000,000 combined single limit each accident. Such insurance shall cover liability arising out of an accident involving a motor vehicle in use by Contractor, including, but not limited to, Contractor owned, hired and non-owned motor vehicles.

Endorsements: (The following must appear on the Certificate(s) and Endorsement Page(s).)

Additional Insured: The State of California, Department of Parks & Recreation, its officers, agents and employees are included as additional insured, but only insofar as the operations under this agreement are concerned (blanket waiver is acceptable). The endorsements shall be provided with the general liability, motor vehicle liability and pollution/environmental impairment liability (when applicable) Certificate(s) of Insurance.

C. Worker’s Compensation and Employer’s Liability Insurance: Contractor shall maintain statutory worker’s compensation and employer’s liability insurance for all of Contractor’s employees who will be engaged in the performance of work on the property, including special coverage extensions where applicable with limits not less than $1,000,000.

Waiver of Subrogation: When work is performed on State-owned or controlled property, the Worker’s Compensation and Employer’s Liability policy shall be endorsed with a waiver of subrogation endorsement in favor of the State of California, Department of Parks & Recreation (blanket waiver is acceptable). Waiver of Subrogation must include policy number. This waiver shall also be provided with the Worker’s Compensation Certificate of Insurance.

D. Subsequent renewals of the insurance certificates, endorsements and waivers shall be sent to the State of California, Department of Parks & Recreation, Gold Fields District, 7806 Folsom-Auburn Road, Folsom, California, 95630. This name and address shall appear on the certificate as the certificate holder.

D. Contractor’s Additional Responsibilities:

Contractor is responsible for any deductible or self-insured retention contained within the insurance program. Contractor shall notify the State within ten (10) days of Contractor receiving the notice of cancellation or non-renewal of insurance policies required in this agreement. Contractor shall ensure that all subcontractors procure insurance meeting the requirements of these provisions.

Upon State’s request, Contractor shall provide copies of its Worker’s Compensation and Employer’s Liability Insurance.

Concurrent with the execution of this agreement, Contractor shall provide to State evidence that the insurance required to be carried by these provisions, including any endorsement affecting the additional insured status, is in full force and effect and that premiums therefore have been paid. At State’s discretion, such evidence shall be the appropriate ACORD Form (Certificate of Insurance) or a certified copy of the original policy, including all endorsements.

Upon notification by State of receipt of notice of cancellation, expiration, or any reduction in coverage or if the insurer commences proceeding or has proceeding commenced against it, indicating the insurer is insolvent, Contractor shall provide to State evidence of replacement policy at least ten (10) working days prior to the effective date of such cancellation, expiration or reduction in coverage.

E. Insurance Companies:

Insurance companies issuing any of the policies required by these provisions shall have a rating classification of “A-“ or better and a financial size category rating of “vii” or better according to the latest edition of the A.M. Best Key Rating Guide. Any other rating classification requires State approval.

All insurance companies issuing any of the policies required by these provisions shall be licensed to do business in the State of California.

F. State Remedies:

Should Contractor fail to keep the insurance required to be carried by these provisions in full force and effect at all times, State may, in addition to any other remedies State has, terminate this agreement immediately and all payments due or that become due will be withheld until notice is received by the State that such insurance has been restored or replaced to full force and effect and that the premiums therefore have been paid to cover a period of time satisfactory to State.

Subsequent renewals of the insurance certificate shall be sent to:

Certificate Holder:

State of California Department of Parks & Recreation Gold Fields District 7806 Folsom-Auburn Road Folsom, California 95630

23. Penalties: Deductions for substandard work as described in the Specifications will be made by dividing the quote prices by the number of services missed on any and/or all the regular services as described in the scope of work/ specifications.

24. Payment: Payment will be made monthly in arrears by the State in accordance with the amount(s) set forth on the Quote Form for the actual services requested in writing by the District Superintendent or his/her Representative and the actual amount of the service received.

The State requires submission of a complete and accurate Prime Contractor’s Certification – DVBE Subcontracting Report (STD

817) upon contract completion. Be advised that the State will withhold $10,000, or full payment if less than $10,000, from a prime contractor’s final payment pending receipt of a complete and accurate STD 817.

25. Amendments: No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties.

The State reserves the right to extend the contract term for one additional one-year term at the last rates specified in Exhibit B, Attachment 1.

5% SMALL BUSINESS PREFERENCE PROGRAM

Bidder

DPR 478 (Rev. 9/2023)(Excel 9/20/2023)(Page 1 of 3)

$29,870 $28,421

Small Business Status

Claims small business status, but is not CA certified

Does not claim to be a small business

Claims small business status, but their CA certification has expired

Claims small business and is CA Certified

$28,975 $28,975

$29,520 $29,520

Bid Amount Bid After 5% Preference

$30,750 $30,750

SMALL BUSINESS PREFERENCE AND TACPA NOTICES

5% Small Business Preference / Target Area Contract Preference Act (TACPA) (page 3)

What is a California Certified Small Business (SB)?

1) For a business to be considered a Small Business (SB), they must be certified with the State of California - Department of General Services in accordance with California Code of Regulations, Title 2, Section 1896.94.

2) Your business may be eligible if it meets all of the following*:

a. Must be independently owned and operated.

b. Cannot be dominant in its field of operation.

c. Must have its principal office located in California.

d. Must have its owners (or officers in the case of a corporation) domiciled in California.

e. Together with its affiliates, be either:

• A business with 100 or fewer employees, and an average annual gross receipts of $16 million or less over the previous three tax years, or

• A manufacturer with 100 or fewer employees.

f. Microbusiness: A small business will automatically be designated as a microbusiness if gross annual receipts, together with all affiliates, are less than $5,000,000 or, the small business is a manufacturer with 25 or fewer employees.

* For additional details visit the Department of General Services (DGS) website.

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

What is the Small Business Preference?

5% Small Business Preference: State law allows certified small business (SB) and microbusiness (MB) firms to receive a 5% bidding preference on applicable state solicitations. The 5% preference is also available for non-certified businesses who subcontract 25% of contract amount with a certified SB/MB. In no event shall the SB preference or non-SB subcontracting preference exceed $50,000 in any single bid.

The effect of the preference is to help SBs/MBs be more competitive in the bid process, thereby enhancing state contract awards directly or indirectly to SB/MB. The preference is only used for computation purposes to determine the winning bidder, the contract is awarded at the actual bid amount.

1. How does the 5% Small Business (SB) Preference Work?

a) The following example shows how the 5% preference computation works, and how it is used to determine a successful bidder.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

The State of California www.dgs.ca.gov/PD/Contact

Department of General Services Receptionist: (916) 375-4940

Office of Small Business and DVBE Services 24-hour recording: (916) 322-5060

707 Third Street, First Floor – Room 400 FAX: (916) 375-4950

West Sacramento, CA 95605 OSDSHelp@dgs.ca.gov

DPR 478 (Rev. 9/2023)(Page 2 of 3)

b) Computation Method for example 4-a:

1. Five percent is applied to the lowest (non-certified small business) responsible bid ([Bidder 2] $28,975 x .05 = $1448.75).

2. The preference amount ($1,448.75) is subtracted from the certified small business (Bidder 4’s) bid amount ($29,870 - $1,448.75 = $28,421.25).

3. Bidder 4’s computed total is $28,421.25, making them the lowest bidder.

4. The contract is awarded to Bidder 4 for $29,870.

c) NOTE: The 5% SB preference is applied to currently certified and registered small businesses and is used for bid evaluation purposes and does not alter the bid's actual amount.

2. Documentation

a) Bidders must provide a printout from the State's SB/DVBE vendor system showing your certification and expiration date from the following web site. www.Caleprocure.ca.gov

b) If a non-certified firm is claiming the SB Preference based on subcontracting at least 25% of the contract to a certified SB/MB, you must include a complete GSPD 05-105 with your bid. An evaluated bid under the 25% SB subcontracting qualification cannot displace a certiffied and registered SB.

c) At completion of peformance and when SB participation was included toward SB goals under this contract, then the contractor must complete and submit form DPR 489 to the State's designated representative under this contract and within the time specified within the contracting documents or within 60 days of receipt of final payment, which ever is sooner.

3. Verification

Information submitted by the bidders to claim the SB Preference will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall 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 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

4. To locate SB/MB contractors:

a) Contact the department’s contracting official named in this solicitation for any SB/MB contractors who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify SB/MB contractors for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance: www.parks.ca.gov/advocate.

b) Access the list of all certified SB/MBs by using the Department of General Services, Procurement Division (DGS-PD) online certified firm database at: www.Caleprocure.ca.gov

c) Search by “Keywords” or United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a SB/MB.

d) Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.Caleprocure.ca.gov

5. Information The State of California, Department of General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS) offers many services that assist contractor/business owners with a variety of information designed to streamline the State contracting process. OSDS also certifies SB/MB contractors. For more information, please contact http://www.dgs.ca.gov/PD/Contact mailto:OSDSHelp@dgs.ca.gov http://www.caleprocure.ca.gov/

TARGET AREA CONTRACT PREFERENCE ACT (TACPA)

Information regarding TACPA including bidder questions about eligibility, please contact:

The State of California Receptionist: (916) 375-4940

Department of General Services

Procurement Division - Dispute Resolution Unit

707 Third Street, Second Floor Worksite Eligibility Determinations:

West Sacramento, CA 95605 TACPA@dgs.ca.gov

DPR 478 (Rev. 9/2023)(Page 3 of 3)

Any vendor whose bid is over $100,000 may apply for Target Area Contract Preference Act (TACPA) preference. TACPA provides 5 to 9 percent preferences for a California business that is located in the qualified zone.

How does the TACPA Preference Work?

TACPA will be granted to California-based firms in accordance with Government Code §4530 whenever contracts for goods or services are in excess of $100,000 and the bidder meets certain requirements as defined in the California Administrative Code (Title 2, §1896.30 et seq.) regarding labor needed to produce the goods or provide the services being procured. The TACPA is optional on the part of the bidder (not mandatory), is for bidder evaluation purposes only, and does not alter the amount of the awarded Contract.

Bidders seeking to take advantage of this preference will need to review the DGS Procurement website and submit the appropriate response forms with their bid. The bidder may omit these forms if there is no intention to claim this preference.

Please carefully review the forms and requirements. Bidders are not required to apply for these preferences.

Denial of the TACPA preference request is not a basis for rejection of a bid.

The required applications/forms are as follows:

• STD. 830, TACPA Preference Request for Goods and Services Solicitations

• DGS/PD 525, Manufacturer’s Summary of Contract Activities and Labor Hours

• DGS/PD 526, Bidder’s Summary of Contract Activities and Labor Hours

These forms can be found on the California Statewide Forms Directory at:

https://forms.dgs.ca.gov/content/DGSFormsPortal/california-state-forms-directory.html

Contracts awarded with applied preferences will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce preference programs.

Note: You do not need to be a certified Small Business to apply for the TACPA Preference.

mailto:TACPA@dgs.ca.gov https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://forms.dgs.ca.gov/content/DGSFormsPortal/california-state-forms-directory.html

DPR 479IW (Rev. 12/2022)(Excel12/20/2022)(Page 1 of 5)

1. Bidder's attention is directed to the Disabled Veteran Business Enterprise (DVBE) Participation Requirement for bidders, as outlined in the accompanying bid package.

Disabled Veteran Business Enterprise (DVBE) Notice

2. What is a Disabled Veteran Business Enterprise (DVBE)?

a. For a business to be considered a Disabled Veteran Business Enterprise (DVBE), they must be certified with the State of California - Department of General Services in accordance with California Code of Regulations, Title 2, Section 1896.94. Please see the following website for more information about DVBE certification benefits and eligibility requirements:

www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or- Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

b. Only DVBEs who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE incentive program requirements.

3. Commercially Useful Function Definition

a. California Code of Regulations, Title 2, § 1896.61(l): The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70;

and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

b. A person or entity must perform a commercially useful function (CUF) as defined under Military and Veterans Code (MVC) §999.

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.

4. What is the DVBE Incentive Program?

a. The DVBE Incentive Program was established by statute and applies to contracts solely financed by State funds. This program is separate from the DVBE Participation Program. The incentive is designed to encourage bidders to partner with DVBE subcontractors.

The DVBE Participation Requirement for this solicitation has been waived – however the DVBE Incentive still applies.

There is no minimum DVBE participation requirement for this solicitation.

DVBE Incentive for Invitation For Bid (IFB) (Participation Requirement Waived)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

http://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

DPR 479IW (Rev. 12/2022)(Excel 12/20/2022)(Page 2 of 5)

b. The incentive may be combined with other incentives and preferences up to an established cap of $100,000.00. The incentive is used only for evaluation purposes and does not alter the amounts of the actual bids.

5. Reporting Requirement

a. If, for this agreement, a contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) the contractor must certify in a report to the awarding department:

i) the total amount the prime contractor received under the contract

ii) the name and address of the DVBE(s) that participated in the performance of the contract

iii) the amount each DVBE received from the prime contractor

iv) that all payments under the contract have been made to the DVBE(s)

v) the actual percentage of DVBE participation that was achieved

b. You will be required to report to DPR the actual dollars spent with each DVBE subcontractor on form STD. 817. If awarded the contract you will receive this form at the completion of the contract. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).

6. Who is eligible to receive the incentive?

a. Any responsive and responsible bidder who has attained .01% DVBE participation or higher with a registered and certified DVBE.

7. Documentation

a. Bidders must document DVBE participation commitment by completing and submitting the following forms:

1) GSPD 05-105, Bidder Declaration: The GSPD 05-105 is used to document the proposed prime contractor and subcontractors, including their roles and responsibilities. The form must be submitted with the bid package. If there is a discrepancy between the dollar amount and percentage of bid for DVBE participation then the percentage shall prevail.

2) DGS PD 843, DVBE Declaration: All disabled veteran owners and disabled veteran managers of the DVBE must complete the form and submit it with the bid package. A DGS A DGS PD 843 needs to be submitted by every DVBE supplier who is part of a bid whether they are the prime contractor or subcontractor.

b. Bids that fail to submit the completed required forms to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive. Clerical and typographical errors on these forms may be corrected at the State’s sole discretion.

c. Information submitted by the bidders to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall 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 2 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. Table A – Invitation For Bid (IFB) (aka Low Price Method)

a. Low Price Method

A B C

$98,000.00 $102,100.00 $100,000.00

0% 8% 4.5%

1 3 2 n/a 5% 4% n/a

$4,900.00

(5% x $98,000)

$3,920.00

(4% x $98,000) n/a

97,100.00

($102,100 - $4,900)

96,080.00

($100,000 - $3,920)

3 2 1

DPR 479IW (Rev. 12/2022)(Excel 12/20/2022)(Page 3 of 5)

Final Rank:

DVBE Incentive (from Table A)

Incentive Amount

(% x Lowest Responsive and

Responsible Bid Price)

Adjusted Bid Price

(Bidder's Price - Bidder's Incentive

Amount)

Bidder Name

Original Bid Price

DVBE Participation for certified

DVBE Prime or Subcontractors

Initial Ranking

2% - 2.99%

.01% - 1.99%

5% of lowest responsive and responsible bid

4% of lowest responsive and responsible bid

3% of lowest responsive and responsible bid

2% of lowest responsive and responsible bid

1% of lowest responsive and responsible bid

Confirmed DVBE

Participation of DVBE Incentive Amount for IFB

5% or more

4% - 4.99%

3% - 3.99%

8. How does the DVBE Incentive Program Work?

a. The DVBE incentive is used only for evaluation purposes to determine the successful bidder and does not alter the amounts of the actual bids. A dollar cap of $100,000.00 is set for all combined incentives and preferences.

b. For contracts to be awarded based on the Low Price Method, 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 Table A below. The Computation Method does not include the small business preference; however, the small business preference may be applied and may affect the application of the incentive and the outcome of the ranking.

9. Computation Method

The State of California www.dgs.ca.gov/PD

Department of General Services Receptionist: (916) 375-4940

Office of Small Business and DVBE Services 24-hour recording: (916) 322-5060

707 Third Street, First Floor – Room 400 FAX: (916) 375-4950 West Sacramento, CA 95605 OSDSHelp@dgs.ca.gov

DPR 479IW (Rev. 12/2022)(Excel 12/20/2022)(Page 4 of 5)

10. Substitution of Proposed DVBE

a. If awarded the contract, the DVBE subcontractors and/or contractors proposed by bidder must be used unless prior written notice of substitution is provided to the state and the state approves such substitution.

b. The notice must include a minimum of: (1) a written explanation of the reason for the substitution; and (2) an updated GSPD 05-105 must be submitted to the award office of Department of Parks and Recreation. The substitution request must before approved before the substitution can take place.

c. Failure to adhere to at least the DVBE participation proposed by the successful bidder may be cause for contract termination and recovery of damages under the rights and remedies due the state under the default section of the contract.

d. Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the State. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

e. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9; Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).

11. To locate DVBE contractors:

a. Contact the department’s contracting official named in this solicitation for any DVBE contractors who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE contractors for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance – www.parks.ca.gov/advocate.

b. Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD) online certified firm database at:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true

Search by “Keywords” or United Nations Standard Products and Services Codes (UNSPSC), that apply to the elements of work you want to subcontract to a DVBE.

c. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at:

www.Caleprocure.ca.gov

d. The State of California, Department of General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS) offers many services that assist contractor/business owners with a variety of information designed to streamline the State contracting process. OSDS also certifies http://www.dgs.ca.gov/PD mailto:OSDSHelp@dgs.ca.gov

b. DGS PD 843, DVBE Declaration

DPR 479IW (Rev. 12/2022)(Excel 12/20/2022)(Page 5 of 5)

a. GSPD 05-105, Bidder Declaration

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DVBE Documentation Checklist

1. The State of California acknowledges the service and sacrifice of its disabled veterans, in part, through the “Disabled Veteran Business Enterprise (DVBE) Participation Program.” As mandated bylaw, state agencies have a goal to award at least 3% of their annual contract dollars to certifiedDVBE’s.

2. When a firm bids on a state DPR contract that contains DVBE participation, the firm may benefit from the DVBE Incentive program. We encourage all suppliers to obtain as much DVBE participation as possible.

3. INCOMPLETE DOCUMENTATION (GSPD 05-105 AND DGS PD 843) MUST RESULT IN

DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE…