C24067004_IFB_Bid.Instruction_Modular_Rental.pdf

INVITATION FOR BID

Bid No. C24067004

DEPARTMENT OF PARKS AND RECREATION

Training Section, Huntington Beach

Modular Offices Rental

January 2025 State of California Department of Parks and Recreation Administrative Division, Training Section

Modular Building Rental

KEY ACTION DATES INVITATION FOR

BIDS (IFB) For C24067004

Emailed bids will be received by the Department of Parks and Recreation’s Contract Analyst: Casey Wear-Moline, on January 16, 2025, by 12:00PM PST.

(casey.wear@parks.ca.gov)

Bids will be publicly opened at 2:00 PM, PST.

No bid will be considered unless it is prepared and submitted in accordance with the conditions set forth in the Instructions to Bidders for Modular Building Rental.

Key Action Dates

IFB C24067002 Released on Cal eProcure

December 19, 2024, at 10:00 AM

Pre-Bid Conference None

Questions regarding IFB 24067002 due to email at casey.wear@parks.ca.gov

January 3, 2025, 2024, at 10:00 AM

Answers to question posted to Cal eProcure

January 3, 2025, at 4:00 PM

Bids due via to casey.wear@parks.ca.gov

January 16, 2025, at 12:00 PM

Public Bid Opening via TEAMS January 16, 2025, at 2:00 PM

C24067004

Date:

Time:

Email:

DPR 940A (Rev. 7/2024)(Excel 7/24/2024)(Page 1 of 3)

January 16, 2025

12:00 PM

casey.wear@parks.ca.gov

Bids are due at 12:00 PM will be publicly opened on January 16, 2025, at 2:00 PM and read via Microsoft Teams for the furnishing services, material, or equipment, or to perform all work required for Modular Office Rentals at Huntington State Beach located at 21601 Pacific Coast Highway, Huntington Beach, CA 94646.

Bids must be complete and ready for use in accordance with plans and specifications and such addenda as may be issued prior to bid opening date.

The anticipated performance period of the contract is 27 months (2 years 3 months) starting on the Start Date stipulated in the written Notice to Proceed which Contractor will receive upon approval of the Agreement.

Additional requirements/information are as follows:

The Disabled Veteran Business Enterprise (DVBE) Requirements for this bid are Waived, but the incentative still applies. See insert DPR479IW.

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

1.

At the above time and place the bids will be publicly opened and read for furnishing services, material, or equipment, or to perform all work required to:

Additional requirements/information are as follows:

Instructions to Download Bid Package: Prospective bidders may examine and obtain the bid forms, specifications, plans and addenda (if any) by downloading this bid package from the Department of General Services (DGS), California State Contracts Register (CSCR) on the Cal eProcure website: https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

1. In the "Event Name" box, type in the contract "C24067004" number and click on Search

2. Click on the Bid Number and Description

3. View Event Package

4. To dowload the bid documents, select the document to download, select View, then select Download Attachment.

Questions and Answers: Any discrepancies, omissions, ambiguities, or conflicts in or among the contract documents or doubts as to meaning shall be brought to the State's attention by including your comments directly on the Bid Solicitation (DGS website stated above) - see Questions and Answers (Q & A) – Answers that change any of the times, dates, locations, any bid documents/submittals or scope of work, etc., will be provided by Addendum which will be posted within the Bid Solicitation located on the DGS Cal eProcure website stated above. It is the responsibility of the bidders to download any addenda as needed.

Bids shall take into consideration all such conditions as may affect the work. Bidder should carefully examine the entire bid documents and become fully aware of the nature and location of the work, the quantities of work, and conditions to be encountered in performing the work.

2. Bid documents consist of all forms, instructions, notices, specifications, and any addenda thereto, that describe the project or services to be performed and the requirements for bidding. All bidders are responsible to inquire as to addenda issued.

Sealed bids will be accepted by the Department of Parks and Recreation until the following date and time, at the following location.

3. Bids shall be submitted to casey.wear@parks.ca.gov. Your bidder email shall include the company name, return address of the bidder, full name and phone number of the sender (who must be a representative of the company), and be clearly marked bid with the title of the project. This bid MUST be delivered prior to the time and date of the bid submittal. It is the responsibility of the bidder to ensure that his/her bid is received in proper time. Facsimile (Fax) responses will not be considered.

SERVICE CONTRACTS

INVITATION FOR BIDS/INSTRUCTIONS TO BIDDERS

CONTRACT/BID NO.:

mailto:alexa.piscanio@parks.ca.gov mailto:alexa.piscanio@parks.ca.gov mailto:alexa.piscanio@parks.ca.gov mailto:alexa.piscanio@parks.ca.gov mailto:alexa.piscanio@parks.ca.gov mailto:alexa.piscanio@parks.ca.gov

DPR 940A (Rev 7/2024)(Page 2 of 3)

4. No bids will be accepted after the date and time set for the bid opening.

5. Prices shown on the Bid Form shall include all applicable taxes and other items of expense incident to the bid price.

6. Any bid may be withdrawn prior to the hour fixed above, provided that the written request for withdrawal is submitted by the bidder or his/her duly authorized representative and filed at, e-mailed to or sent by FAX to the place shown above. An oral or other form of request to withdraw a bid is not acceptable.

7. Bids will be opened and read publicly at the time and place indicated above. Bidders or their authorized agents are invited to be present.

8. Bids may be rejected if they show any alterations to form, additions not called for, conditioned bids, incomplete bids, or irregularities of any kind. Only those bids which cover all the work outlined will be considered. The State reserves the right to reject any or all bids.

9. If the contract is awarded, it will be awarded to the lowest responsible bidder whose bid complies with the prescribed requirements.

10. In the case of a tie bid, the determination of a successful bidder will be made by a coin toss in the presence of all interested bidders, at a time and date set by the originating office.

11. All bids shall remain valid for 30 calendar days after the bid opening date.

12. The basic agreement for contracting with the State, "STD. 213 - Standard Agreement," is included in bid documents in sample form for informational purposes.

13. The contract shall be signed by the successful bidder and returned within five (5) working days after the bidder receives notice that the contract has been awarded.

14. The contract shall be a binding contract upon the State only after approval by the State.

15. 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.

16. Generative Artificial Intelligence

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder/Offeror/Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI including, GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder/Offeror/Contractor.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder/Offeror/Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk.

DPR 940A (Rev 7/2024)(Page 3 of 3)

A copy of the written protest should be sent to:

Department of Parks and Recreation Administrative Services Division Manager, Contract Services Unit

P.O.Box 942896 Sacramento, CA 94296-0001

Protests of award shall be in writing and filed with:

Department of General Services Office of Legal Services

Attention: Protest Coordinator 707 Third Street, 7th Floor

West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

A. Upon written request by any bidder who has submitted a bid, the agency must post a notice of the proposed contract award in a place accesible by the general public including any internet site identified in the IFB at least five days prior to awarding the contract.

If contract is not awarded to the low bidder, the low bidder shall be notified by FAX, overnight courier, e-mail, or personal delivery five (5) working days prior to the award of contract.

B. Inspection of bids is permitted as follows:

1. After bid opening, all bids shall be available for public inspection.

C. There are time limits in which to file a protest. A protest must be filed with the agency and DGS after notice of intent to award the contract, but before the actual award.

D. Once a protest is filed the contract may not be awarded until the protest is withdrawn or DGS has rendered a decision.

E. After filing a protest, the protestant has five calendar days to file a detailed written statement of the protest grounds if the original protest did not contain the complete grounds for the protest.

Procedure for Protesting an Award

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. 10/2022)(Excel10/19/2022)(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. 10/2022)(Excel 10/19/2022)(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 DPR 489. 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) DPR 486, Bidder’s DVBE Participation: The DPR 486 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: All disabled veteran owners and disabled veteran managers of the DVBE must complete the form and submit it with the bid package. 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. 10/2022)(Excel 10/19/2022)(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. 10/2022)(Excel 10/19/2022)(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 DPR 486 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. DPR 486 - Part 2

c. DGS PD 843

DPR 479IW (Rev. 10/2022)(Excel 10/19/2022)(Page 5 of 5)

a. DPR 486 - Part 1

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 (DPR 486 AND DGS PD 843) MUST RESULT IN

DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE SELECTION PROCESS FOR THE

CONTRACT.

4. The following checklist is provided to assist bidders with their DVBE participation documentation:

All DVBE participation is indicated.

The names of each participating DVBE company is listed with the dollar value and applied percentage of the bid.

A copy of the printout from eProcurement system showing the company’s DVBE certification status.

The DVBE participation percentage listed agrees with the dollar value claimed.

Signed “Bidder’s Certification.”

A completed and signed DGS PD 843 is included with the bid for every DVBE (whether prime contractor or subcontractor) included.

State of California, Department of Parks and Recreation

Invitation for Bids No.: C24067004 Training Section, Huntington State Beach

Page(s)

Invitation For Bid/Instructions to Bidders

1.0 Purpose and Description of Services

2.0 Bid Requirements and Information

Submission of Bid Additional Documents

3.0 Evaluation and Award of Contract

4.0 Award and Protest

5.0 Disposition of Bids

6.0 Agreement Execution and Performance

7.0 Preference Programs

Small Business Preference

Non-Small Business Preference Disabled Veteran Business Enterprise (DVBE) Notice

8.0 Required Disclosures

Commercially Useful Function

Darfur Contracting Act Contractor Certification Clause Executive Order N-6-22 – Russia Sanctions GenAI……………………………………………..………………………………………………… 7

Detailed Scope of Work

1.0 Project Background………………………………………………………………………….. 2

2.0 Detailed Scope of Work…………………………………………………………………..............…… 2

ATTACHMENTS:

Attachment A – Bid Forms:

Bidder’s Checklist (1 page) Exhibit B, Attachment I, Service Contracts Bid Form (DPR 940B – 4 Pages) Payee Data Record (STD 204 – 2 Pages) Payee Data Record Supplement (STD 205) Bidder’s Declaration (GSPD 05-105 – 2 Pages) Disabled Veteran Business Enterprise Declarations (DGS PD 843 – 1 Page) Commercially Useful Function – Bidder Certification (DPR 87 – 1 page) Darfur Contracting Act (DPR 74 – 1 Page) California Civil Rights Laws Attachment (DGS OLS 04 – 1 Page) Generative Artificial Intelligence (GenAI) Disclosure (STD1000 - 1 page)

TABLE OF CONTENTS

Modular Building Rentals

3.0 Layout Plans and Location Maps……………………………………………………………………… 7

State of California, Department of

Parks and Recreation

Invitation for Bids No.:

C24067004 Training Section, Huntington SB

Modular Building Rental

Attachment B – Sample Standard Agreement:

Standard Agreement (STD 213) with Exhibit A, Scope of Work (DPR 603) Exhibit A, Attachment I, Detailed Scope of Work Exhibit A, Attachment II, Layout Plans Exhibit A, Attachment III, Location Maps Exhibit B, Budget Detail and Payment Provisions (DPR 604) Exhibit B, Attachment I, Service Contracts Bid Form Exhibit C, General Terms and Conditions (GTC 04/17), incorporated by reference, view and download at Standard Contract Language (ca.gov) Exhibit D, Special Terms and Conditions (DPR 605S)

Invitation for Bids No.: C24067004

Training Section, Huntington SB

Modular Building Rental

State of California Department of Parks and Recreation

1.0 Purpose and Description of Services

a. Submission of Bid

Bid Requirements: The following documentation shall be submitted, in the order written, as bidder’s response to this IFB (see Attachment A):

1. Bidder’s Checklist

2. Exhibit B, Attachment I, Service Contracts Bid Form (DPR 940B)

3. Payee Data Record (STD 204)

4. Payee Data Record Supplement (STD 205)

5. Bidder’s Declaration (GSPD 05-105)

6. Disabled Veteran Business Enterprise Declarations (DGS PD 843)

7. Commercially Useful Function – Bidder Certification (DPR 87)

8. Darfur Contracting Act (DPR 74)

9. California Civil Rights Laws Attachment (DGS OLS 04)

10. Generative Artificial Intelligence (GenAI) Disclosure (STD1000)

b. Additional documents: The following documents shall be submitted with your bid.

1. California Secretary of State Business Standing for your firm and any subcontractor on the California Secretary of State Business Search.

2. Small Business/Micro Business/Disabled Veteran Business Enterprise/Non-Profit Veteran Service Agency/Non-Profit Recognition Certification for your firm and any subcontractors on Cal eProcure Find Certified Firms.

3. Copy of valid California city or county business license (if applicable)

2.0

The California Department of Parks and Recreation (DPR) is seeking a qualified Contractor to provide Modular Building Rental. The contractor is responsible for meeting all the licenses and certifications required to perform these services, see Detailed Scope of Work for Complete description of the services to be provided.

Bid Requirements and Information https://bizfileonline.sos.ca.gov/search/business https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true

State of California

Invitation for Bids No.: C24067004 Training Section, Huntington SB Modular Building Rental

Failure by Bidder to submit the documentation listed above may disqualify Bidder for consideration.

3.0 Evaluation and Award of Contract

a. At 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.

b. DPR will evaluate each bid to determine its responsiveness to the published requirements.

c. 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.

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

e. DPR retains the right to evaluate all bids for responsiveness up to 30 business days after bid opening.

f. DPR reserves the right to cancel this IFB at any time, before or after bid opening, given that the reason for cancellation is compliant with the SCM Vol 1, Section 5.11.C “All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the state."

4.0 Award and Protest

a. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement 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 (5) working days prior to the award of the agreement.

b. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the DPR at least five (5) working days prior to awarding the agreement.

c. If any bidder, prior to the award of agreement, files a written protest with the Department of General Services and the DPR (see addresses in Bidder’s Instructions, page 3), on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

d. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the DPR a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services and a copy should be mailed to the DPR (see addresses in Bidder’s Instructions, page 3). It is suggested that you submit any protest by certified or registered mail.

e. Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the DPR a Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. The both forms can be found on the Internet at STD 204 - Payee Data Record (ca.gov) and STD 205 – Payee Data Record Supplement (ca.gov. No payment shall be made unless a completed STD 204 and STD 204 has been returned to the DPR.

f. Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the DPR, the Contractor Certification Clauses (CCC), which can be found on the Internet at Standard Contract Language (ca.gov). This document is only required if the bidder has not submitted this form to the DPR within the last three (3) years.

g. Protests may not be filed when an IFB is cancelled.

5.0 Disposition of Bids

a. 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.

b. Bid packages may be returned only at the bidder's expense, unless such expense is waived by the DPR.

6.0 Agreement Execution and Performance

a. Performance shall start not later than on the date provided in a written Notice to Proceed issued by DPR to Contractor, after the Agreement is fully executed and all approvals have been obtained. Should Contractor fail to commence work at the agreed upon time, DPR, upon five (5) days written notice to Contractor, reserves the right to terminate the Agreement. In addition, Contractor shall be liable to DPR for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

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

7.0 Preference Programs

Small Business Preference: A five percent (5%) preference will be granted to bidders approved by the State of California as "Small Business" in accordance with Title 2, California Code of Regulations, Section 1896, et seq. Applications shall be on file at the Department of General Services, Small Business and DVBE Certification, 707 Third Street, First Floor, Room 400, West Sacramento, CA, 95605, by 5 p.m. on the day bids are due.

Indicate on Bid Form whether or not your firm is claiming preference as a certified small business.

Invitation for Bids No.: C24067004 Training Section, Huntington SB Modular Building Rental https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Invitation for Bids No.: C24067004 Training Section, Huntington SB

Modular Building Rental

Non-Small Business Preference

a. A five percent (5%) preference will be granted to non-small business bidders subcontracting for at least twenty-five percent (25%) of the total bid amount with one or more certified small business subcontractors/suppliers in accordance with Title 2, California Code of Regulations, Section 1896, et seq. See the DPR 85 Form located in the back of the Small Business Notice in Attachment A of this IFB to indicate whether or not you are claiming the non-small business preference.

b. Each listed certified small business shall perform a “commercially useful function” in the performance of the Agreement as defined in Government Code Section 14837(d)(4).

c. If claiming the Non-Small Business preference, bidder shall include in its bid submission the completed Small Business Preference, GSPD 05-105, located in the back of the Small Business Notice in Attachment A of this IFB and provide a list of the small business firms with which bidder commits to subcontract with.

d. Completed certification applications and required support documents shall be submitted to the office of Small Business and DVBE Services (OSDS) no later than 5 p.m. on the bid due date, and the OSDS shall be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940. A five percent (5%) preference will be granted to Non-Small Business contractors subcontracting for at least twenty-five percent (25%) of the total bid amount with one or more certified small business subcontractors/suppliers in accordance with Title 2, California Code of Regulations, Section 1896, et seq.

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.

8.0 Required Disclosures

Commercially Useful Function: If Bidder is a California-certified small business in accordance with Government Code Sections 14837(d)(1)(2), Bidder must address specific

Disabled Veteran Business Enterprise (DVBE) Participation Requirement "Waived", Invitation For Bids (IFB) See insert DPR 479IW.

Invitation for Bids No.: C24067004 Training Section, Huntington SB Modular Building Rental aspects of the legislation that requires certified small businesses to perform a commercially useful function as defined in Government Code Sections 14837(d)(4)(A)(B).

A Commercially Useful Function Certification (CUF) form is attached to this solicitation.

Darfur Contracting Act: Effective January 1, 2009, contracts for Non-Information Technology (Non-IT) goods or services must address the requirements of the Act. The Act was passed 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 PCC Section 10475.

A SCRUTINIZED company is a company doing business in Sudan as defined in PCC Section 10476. SCRUTINIZED companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for Non-IT goods or services (PCC Section 10477(a)). PCC Section 10478(a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a SCRUTINIZED company in order to submit a bid or proposal to a State agency. A SCRUTINIZED company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the DGS according to the criteria set forth in PCC Section 10477(b).

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, the 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.

GenAI Disclosure The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies. Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder/Offeror. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Training Section

Huntington Beach

Exhibit A, Attachment I

Detailed Scope of Work

1.0 Project Background

The California Department of Parks and Recreation (DPR) annually hosts the State mandated Lifeguard Training Program at Huntington State Beach and is currently seeking a qualified contractor to provide all labor, equipment, tools, parts, materials, supplies, travel, and transportation necessary to deliver, set up, break down, and pick up Mobile

Office Trailer units (MOTs) in April through June 30th of every year.

2.0 Detailed Scope of Work

Location:

a. Huntington State Beach of California State Parks, located in Orange County, 21601 Pacific Coast Hwy, Huntington Beach, CA 92646, (See exhibit A, Attachment III map for location of which parking lot).

b. The temporary Mobile Office Trailer (MOT) units shall be installed on a paved lot in the parking lot. If Huntington State Beach is unavailable the secondary beach utilized will be Silver Strand State Beach of California State Parks located in San Diego County. The MOT will be installed on a paved lot or gravel lot at 5000 CA-75, Coronado, CA 92118 or it may be any alternate beach unit located within the California State Parks system and will be decided by the Project Manager.

Term of Contract

The contract term shall be April 1, 2025, or upon DPR approval, whichever is later through June 30, 2027, or 27 months (2 yrs, 3 months) from DPR approval, or whichever is later. Two (2), One (1) year extension at the same rates identified in the service contracts Bid Form, marked Exhibit B, Attachment I, are available to be added to this agreement via amendment upon mutual consent from DPR and the contractor.

General

a. The primary purpose of this agreement is for the rental, transportation and installation of two temporary Mobile Office Trailer units (MOT) to conduct Department wide Seasonal Lifeguard Training Program facilitated by the Department of Parks and Recreation, Training Section.

b. The modular deliver dates will be preplanned with dates and times decided by the project manager. The MOT’s will be left on site from April to June of each year for the term of this contract and will be dismantled and picked up upon request of the project manager.

c. The equipment will be located in a marine climate. Contractor acknowledges this condition and will be responsible for the cost and maintenance of the MOT’s associated with marine climate influences

MOBILE OFFICE TRAILER (MOT)

a. Alternate-Option #1: shall include two (2) MOTs. The first MOT will be a 44’ x 12’, this will include three (3) separate rooms for office space, each office shall be equipped with a door for privacy. The MOT shall have one door to the outside with just stairs.