C5612475-D_IFB_Construction_Rental.pdf

California Department of Corrections and Rehabilitation

Division of Administrative Services Office of Business Services Contracts Management Branch

INVITATION

FOR BID

Updated: August 2024

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STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTS MANAGEMENT BRANCH

12/16/2024

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

Construction Equipment Rental Services

BID NUMBER C5612475-D

RETURN BID TO: CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov

Please see Bid Submittal instructions for CDCR’s new electronic bid submittal process.

You are invited to review and respond to this IFB C5612475-D, titled Construction Equipment Rental Services for the California Department of Corrections and Rehabilitation (CDCR), institutions/facilities statewide.

Bidders are not required to bid on all Regions, see Exhibit B-1, Rate Sheet. In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Government Code 14838, the California Department of Corrections and Rehabilitation (CDCR) is required to meet the State’s twenty-five percent (25%) Small Business (SB) participation requirement. Certified SBs and micro-businesses (MB) are encouraged to submit bids. See Small Business Preference Program Section, in this IFB for requirements.

The designated contact person for this IFB is:

Contract Analyst: Sonia Luna California Department of Corrections and Rehabilitation Email address: sonia.luna@cdcr.ca.gov Phone: 279-210-3753

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

Technical questions regarding this solicitation will be addressed in writing and in accordance with the Questions and Answers portion of this IFB. See Letters of Inquiry Section for more details.

Sincerely, fÉÇ|t _âÇt Sonia Luna Contract Analyst Master Contracts Unit

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BID PACKAGE OVERVIEW

PROJECTED TIMETABLE

FUNDING

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

PROHIBITION ON TAX DELINQUENTS

BIDDER RESPONSIBILITIES & THE BID PACKAGE

BID SUBMITTAL

LETTERS OF INQUIRY

PUBLIC BID OPENING

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

BASIS FOR AWARD

PROTEST AWARD

AGREEMENT EXECUTION

EXTENSION OF TERM

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

SMALL BUSINESS PREFERENCE PROGRAM

NON-SMALL BUSINESS PREFERENCE REQUEST

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS: SMALL/MICRO BUSINESS

AND DVBES

BIDDER PROVIDING FACILITY(IES)

Table of Contents

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BID PACKAGE OVERVIEW

This IFB package contains the following documents (except as otherwise indicated).

Please note that you must comply with the requirements contained in all documents.

Bid Submittal Checklist

Bidder Acknowledgment/Certification (OBS 300)

Sample Standard Agreement (STD 213)

Scope of Work (Exhibit A)

Budget Details and Payment Provisions (Exhibit B)

Rate Sheet (Exhibit B-1)

Electronically downloaded bid package includes an Excel spreadsheet file in addition to the PDF version (for additional information, see Exhibit B-1, first paragraph).

General Terms and Conditions (Exhibit C) This document is incorporated in this bid package by reference only and is available on the Internet at Standard Contract Language for Non-IT Services - GTC 04/2017.

Special Terms and Conditions (Exhibit D)

List of Participating Locations (Exhibit E)

CDCR 2301 PREA Policy Information for Volunteers and Contractors (Exhibit F)

California State Institutions Map (Exhibit G)

Standard Contractor Certification Clauses (CCC)

Payee Data Record (STD 204)

Darfur Contracting Act (OBS 1500)

Iran Contracting Act (OBS 1502)

California Civil Rights Laws Certification (OBS 1510)

GenAI Reporting and Factsheet (STD 1000)

Sample Certificate of Insurance

Bidder Declaration (GSPD-05-105)

Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555)

California DVBE Bid Incentive Instructions – Selecting Incentive Option

DVBE Declarations (DGS PD 843)

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DVBE Bid Incentive Request and Acknowledgement (OBS 554)

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Invitation for Bid Contract Bid Number C5612475-D

PROJECTED TIMETABLE

The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders December 16, 2024

Letters of Inquiry Submission Date December 30, 2024

Submission of Bid January 6, 2025 by 11:00 AM

Public Bid Opening January 8, 2024 at 2:00 PM

Anticipated Date for Commencement of Services

April 1, 2025

Term End Date of Agreement March 31, 2028

FUNDING

This is a Master Agreement in which a separate Purchase Order (PO) will be issued for each participating location. CDCR reserves the right to augment the Agreement dollar amount by 25 - 100% of the total bid amount.

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.

(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.

(b) This section shall apply to any contract executed on or after July 1, 2012.

BIDDER RESPONSIBILITIES & THE BID PACKAGE

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

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Bidder shall provide rate(s) on the Exhibit B-1, Rate Sheet. Bidder shall set forth rates in clear, legible figures in the spaces provided on Exhibit B-1, Rate Sheet. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

1. Any quantities listed on Exhibit B-1, Rate Sheet are CDCR’s estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item

Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

3. The amount of the total bid will be rounded up to the nearest whole dollar when the Agreement documents resulting from this bid are prepared.

4. Bidders are not required to bid on all locations. Bidders may submit for one or more locations. CDCR reserves the right to increase and/or decrease the number of participating CDCR locations throughout the term of this Agreement. Any decrease in the number of participating locations will be provided in writing from CDCR and shall result in no cost to CDCR. Any increase in participating locations will be added by Amendment, and services shall be provided at the same rates as the CDCR location in closest proximity (already included in the Agreement), and same terms as identified herein.

All required documents listed in the Bid Submittal Checklist must be included within the bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1, Rate Sheet, and is in conformance with the submission requirements of this IFB. Additionally, a signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed through DocuSign by the bidder.

Failure to submit required documentation may result in the rejection of your bid.

BID SUBMITTAL

Bids must be submitted electronically, with all necessary bid submission documents in a clear, legible Portable Document Format (PDF), the documents are fully responsive and lack any deficiency, to CDCR- CMB-Non-IT-Service-Bids@cdcr.ca.gov no later than the time and date specified in the Projected Timetable. Any bid received in any other manner will NOT be considered. Bid submission time will be recorded using the electronic time stamp associated with receipt of the email submission. CDCR will provide an automated email response confirming receipt of each submission received showing the date and time the submission was received. If a confirmation receipt is not received, please contact CDCR- CMB-Non-IT-Service-Bids@cdcr.ca.gov to confirm your bid was received. Confirmation receipt is not a

IFB Page 7 of 91 representation by CDCR that the submitted bid is responsive and complete. Any electronic bid received after the Submission of Bid date and time specified in the Projected Timetable will NOT be considered.

Bidders are ultimately responsible for ensuring timely receipt of their bid. It is recommended that Bidders submit bids at least one (1) hour in advance of the bid submission deadline to allow for confirmation of bid submission.

Bid submissions with attached PDF documents in excess of forty (40) Megabytes in size risk being undeliverable. The State’s mail server may automatically reject excessively large emails. Bidder may submit multiple emails if file size exceeds forty (40) Megabytes. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the internet (e.g., Google Drive, Dropbox) in lieu of attachments are not acceptable, and any documents stored at such links will not be reviewed.

The subject line of the electronic bid must be titled:

BID FOR C5612475-D – Construction Equipment Rental Services

Bids that are not properly marked may be disregarded. Please see example below for further assistance.

The body of the email of the electronic bid must only contain the following:

DO NOT OPEN

BID NUMBER: C5612475-D

ATTENTION: Sonia Luna

COMPANY NAME:

(See Sample Below)

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

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 one of the following: DocuSign, or Adobe Acrobat Sign signature, or a scanned document of an original ink signature. An unsigned bid may be rejected.

A bidder may modify a bid after its submission by withdrawing the original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered. A bid may be withdrawn from consideration by submitting a written withdrawal request to CDCR via email to CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov, signed by the bidder or an authorized agent. Bids will not be opened until the Public Bid Open date and time. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

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All documents submitted in response to this IFB will become the property of the State 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.

LETTERS OF INQUIRY

The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders.

Any letters of inquiry must be submitted by email to allow CDCR time to research and prepare a response.

Submit your letter of inquiry by the date specified in the Projected Timetable Section of this IFB directly to Sonia Luna, Contracts Management Branch, by email: sonia.luna@cdcr.ca.gov

Inquiries received after this date will only be addressed at CDCR’s discretion.

PUBLIC BID OPENING

All bids received by the due date and time will be opened and read at a virtual public bid opening. Bids will be opened publicly over conference-call utilizing the call-in number below. The time of the public bid opening will be as outlined in the Projected Timetable Section.

Call-In Number: 1-916-701-9994 Passcode: 340347063#

At the time of the public bid opening, the dollar amount of each bid, claimed preference, and the name of each company bidding shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE mandatory participation requirements, if applicable.

Final results may change as a result of formal bid evaluation.

Bid opening will be audio only with no opportunity for questions and answers.

Bid results can also be requested by contacting the contract analyst listed in this solicitation following the public bid opening.

EXECUTIVE ORDER N-6-22 – RUSSIAN 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.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

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.

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Bidder / Offeror / Contractor 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 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 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 to the State.

BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same location/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, Rate Sheet, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed, and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

The State intends to award one or more Agreements to the lowest responsible bidder(s). Bidders may submit bids for one or more locations. If a bidder is the lowest bidder for more than one location, all of the locations awarded to that bidder may be incorporated into one Agreement. This determination will be based on what is in the best interests of the State.

PROTEST AWARD

Information regarding the protest of an award may be found by going to State Contracting Manual - Volume 1, under Chapter 6: Contract Award Protests.

A protest to this bid must adhere to Public Contract Code (PCC) Section 10345.

The envelope or email subject line containing the written protest must clearly state:

"Protest Concerning IFB Number C5612475-D for the California Department of Corrections and Rehabilitation".

Protests MUST be filed with:

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ORIGINAL COPY

EMAIL OR MAIL DELIVERY

Email: OLSProtests@dgs.ca.gov

Department of General Services Office of Legal Services Attn: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

EMAIL OR MAIL DELIVERY

Email: m_CDCR-OBS-Protest-Mailbox@cdcr.ca.gov

Department of Corrections and Rehabilitation Office of Business Services Contracts Management Branch 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

AGREEMENT EXECUTION

The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required. Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB, Exhibits A, B, B-1, D, E, F, and G.

This Agreement will not include a copy of the Exhibit C, General Terms and Conditions for Private Contractors, which is incorporated into the Agreement by reference only on the STD 213. Exhibit C may be downloaded from the Internet at Standard Contract Language for Non - IT Services.

After award, the Standard Agreement will be forwarded to the Contractor for signature via DocuSign.

Upon receipt, the Contractor must sign the Agreement and return the Agreement with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreement and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the DGS Government Claims Program. When the Agreement is fully approved, a copy will be forwarded to you.

EXTENSION OF TERM

This Agreement may be amended when the additional year(s) or additional task(s) were anticipated and evaluated as an option to renew in the IFB.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

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DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CDCR is committed to meeting and exceeding the three percent (3%) goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code

999. The DVBE Incentive Program applies to all contracting activities for services. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation. This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form (OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

Award Based on Low Price

The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five percent (5%) will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

SMALL BUSINESS PREFERENCE PROGRAM

Current law requires state departments to support the success of small businesses, including microbusinesses, in participation in contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to contract with certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California

2. The officers are domiciled in California

3. The business is independently owned and operated

4. The business, with any affiliates, is not dominant in its field of operation; and

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a. For Small Business, either:

(1) The business, together with any affiliates, has one hundred (100) or fewer employees and averaged annual gross receipts of $16,000,000 or less over the previous three years, or

(2) The business is a manufacturer with one hundred (100) or fewer employees

b. For Micro Business, either:

(1) The business, together with any affiliates, has twenty-five (25) or fewer employees and averaged annual gross receipts of $5,000,000 or less over the previous three years, or

(2) The business is a manufacturer with twenty-five (25) or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by

5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

NON-SMALL BUSINESS PREFERENCE REQUEST

Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS

555) with their bid proposal.

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.

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In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000.

The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05-105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

BIDDER PROVIDING FACILITY(IES)

Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A, Scope of Work.

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BID SUBMITTAL CHECKLIST

CONSTRUCTION EQUIPMENT RENTAL SERVICES

BID NUMBER C5612475-D

Use this checklist to ensure that the documents identified below are included in your company’s bid package.

Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid will consist of the documents identified below.

NOTE TO CONTRACTOR: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Rate Sheet (Exhibit B-1) - For the bidder’s convenience, Exhibit B-1 is an Excel spreadsheet file.

The spreadsheets are password protected and cannot be altered, except where highlighted. The bidder will enter figures or amounts into each of the highlighted cells and print the document.

_____ Original Contractor Certification Clauses (CCC 04/2017) The first page must be signed and submitted prior to the award of the contract.

_____ Payee Data Record (STD 204)

_____ Copy of valid California city or county business license (if applicable) or, if a corporation located within the State of California, incorporation documents or letter from the Secretary of State or, if not a California business, an affidavit that business is in good standing with the state, province, or country in which business is headquartered.

_____ Copy of DMV Motor Carrier Permit, if Gross Vehicle Weight Rating is 10,001 pounds or more, if applicable

_____ Darfur Contracting Act (OBS 1500)

_____ Iran Contracting Act (OBS 1502), if applicable

_____ California Civil Rights Laws Certification (OBS 1510)

_____ GenAI Disclosure and Factsheet (STD 1000)

_____ Bidder Declaration (GSPD-05-105)

_____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555), if applicable

_____ DVBE Declarations (DGS PD 843), if applicable

_____ DVBE Bid Incentive Request and Acknowledgement (OBS 554), if applicable

NOTE TO BIDDER: In addition to the above, the Provider shall furnish the following to CDCR upon award.

_____ Copy of any required Certificate(s) of Insurance.

o Commercial General Liability o Automobile Liability o Workers’ Compensation, (If exempt, please cite the legal code that exempts you from this requirement)

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The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Exhibit A, Scope of Work, all Terms and

Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1, Rate

Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1, Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:

FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership

[ ] Corporation (State in which incorporated _______) [ ] Other: ______________________

By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of

California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed)

Preferences: Certification Number/Expiration Date

DGS certified Small Business

DGS certified Micro Business

Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555

DGS certified Disabled Veteran Business Enterprise

DVBE Incentive requested by bidder (include the completed OBS 554 with bid)

NVSA preference request

TACPA Attach all applicable forms

Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

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2. The term of this Agreement is:

SAMPLE

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TBB Bid Number C5612475-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

1. INTRODUCTION

This is a Master Agreement in which the Contractor shall provide Construction Equipment Rental Services. The Contractor will be compensated for services performed in accordance with the rates specified on Exhibit B-1, Rate Sheet which shall include all labor, personnel, transportation (including travel, per diem, fuel and mileage), materials, supplies, tools, equipment, permits, licenses, taxes, fees, shipping/freight charges, and every other item of expense necessary (unless otherwise specified herein) to provide all services identified herein for the California Department of Corrections and Rehabilitation (CDCR) locations identified on Exhibit E, List of Participating Locations.

CDCR reserves the right to increase and/or decrease the number of participating CDCR locations throughout the term of this Agreement. Any decrease in the number of participating locations will be provided in writing from CDCR and shall result in no cost to CDCR. Any increase in participating locations will be added by Amendment, and services shall be provided at the same rates as the CDCR location in closest proximity (already included in the Agreement), and same terms as identified herein.

CDCR assumes no responsibility for any work commenced by the Contractor and will not reimburse the Contractor for any work performed prior to approval and scheduling by the CDCR Contract Liaison or designee.

2. CONTRACTOR RESPONSIBILITIES

The Contractor shall provide Construction Equipment Rental Services on an as-needed basis.

The list of equipment on Exhibit B-1, Rate Sheet, is to identify the type of equipment that may be needed and to capture the associated rates. The State is under no obligation to rent any of the equipment listed. The State does not expressly or by implication agree that all the equipment listed will be used during the term of this Agreement nor does it agree that the equipment will be needed for the entire period. Except where specifically requested by the State, all equipment shall be rented exclusive of damage waiver provisions.

Upon request by the CDCR Contract Liaison or designee, the Contractor shall provide the requested equipment from the list of available items identified on Exhibit B-1, Rate Sheet. A minimum of one (1) shall be provided; however, a greater quantity may be requested. The Contractor, within twenty-four (24) hours of request, shall deliver the equipment to the requesting CDCR location. If the Contractor cannot provide the specific type of equipment listed on the Exhibit B-1, Rate Sheet, an equal or better substitute shall be rented to the State at the same rate listed on the Exhibit B-1, Rate Sheet. The Contractor will be compensated for the rented equipment at the applicable rate(s) identified on the Exhibit B-1, Rate Sheet, based on the period of rental.

Delivery and pick-up hours will be during the normal business hours of 7:00 a.m. to 4:00 p.m.

(may vary by location), Monday through Friday, State holidays excluded, or as mutually agreed upon between the Contractor and the CDCR Contract Liaison or designee. The State may, at its discretion, allow deliveries and/or equipment access during non-business hours.

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The Contractor shall ensure they are prepared and fully equipped to provide all requested equipment to each awarded location. The Contractor must demonstrate adequate staffing and resources to ensure that all locations receive timely service. In the event of a failure to perform services within the requested timeframe, the State reserves the right to request the Contractor to assign additional resources, such as subcontractor use, at no additional cost to the State.

This Agreement is for the rental of equipment only and does not cover the purchase of equipment supplies (i.e., ear plugs, dust masks, sandpaper, etc.).

The Contractor shall obtain a signature and date from the CDCR Contract Liaison or designee when equipment is delivered and picked up.

3. MAINTENANCE / REPAIR AND REPLACEMENT OF EQUIPMENT

The Contractor shall provide all labor and materials necessary to keep the equipment in good working order and make all necessary repairs and adjustments, at the Contractor’s expense.

Scheduled maintenance shall be provided by the Contractor, when needed. If maintenance is conducted on CDCR grounds, it must be coordinated with the CDCR Contract Liaison or designee, in order to prevent project delays. The Contractor’s maintenance services shall be performed during normal business hours, as identified herein.

All equipment provided by the Contractor shall be in good working order, with full fuel, coolant, oil tanks, etc. The State shall provide fuel, oil, and coolant thereafter to operate the equipment.

The State will return rented equipment full of fuel to the Contractor.

If a breakdown of equipment occurs, repair or replacement must be provided within twenty-four

(24) hours. If the Contractor is unable to repair or replace the equipment, the State may rent the needed equipment from another source outside of this Agreement.

The State will return equipment in good condition, subject to reasonable wear and tear. The State will not be liable for loss or damages to rental equipment from any cause whatsoever during periods of transportation or during the period the equipment is in CDCR’s possession, except when loss or damages result from the negligent act or omissions of the State or its officers, employees, or agents.

For rentals equipped with tires, the Contractor and the CDCR Contract Liaison or designee shall reach an agreement on the percentage of remaining useful life on the tires as delivered. In the event tires are damaged beyond reasonable repair and must be replaced, the State shall only be charged for the remaining tread percentage as agreed upon at the time of delivery. The percentage agreed upon shall be documented and initialed by the CDCR Contract Liaison or designee on the delivery ticket or other documentation provided by the Contractor at the time of equipment delivery. If the Contractor fails to document the percentage of remaining useful tire life, the State will not be responsible for reimbursement to the Contractor for such damages.

Copies of tire replacement costs shall be made available to the CDCR Contract Liaison or designee upon request.

The State reserves the right to cease paying the rental rate, should the Contractor fail to maintain the equipment properly. For this purpose, the Contractor’s representatives shall be given full and adequate access to the equipment at reasonable times. The Contractor shall provide repairs

IFB Page 19 of 91 or replacement of equipment within twenty-four (24) hours of telephone or electronic mail notification by the CDCR Contract Liaison or designee of needed repairs or services.

4. SAFETY INSPECTIONS

The Contractor shall ensure that all safety inspections are conducted on the equipment that is to be used by the State. The Contractor shall ensure that equipment meets the manufacturer’s specifications for safe operation.

5. EMERGENCY SERVICES

In emergency situations, it may be necessary to request equipment immediately. At the time of execution of the Agreement, the Contractor shall provide a twenty-four (24) hour telephone number that may be used in the event of an emergency. The Contractor shall provide the requested equipment, if available, within three (3) hours.

Emergency equipment rental(s) provided by the Contractor at the request of the CDCR Contract Liaison or designee will be paid at 150% of the Contractor’s Delivery rate and at the standard rental rate specified on the Exhibit B-1, Rate Sheet. Notification of any potential delay must be provided to the CDCR Contract Liaison or designee immediately.

6. PICK-UP AND DELIVERY

The pick-up and delivery columns on the Exhibit B-1, Rate Sheet shall include the total price for each, inclusive of any transportation or travel related charges, as referenced herein. Payment for delivery will be made upon receipt of the invoice for delivery after delivery takes place, and payment for pick-up will be paid upon receipt of the invoice after pick-up of the item(s).

The Contractor shall obtain a signature and date from the CDCR Contract Liaison or designee when equipment is delivered or picked up.

The CDCR Contract Liaison or designee and Contractor shall inspect the equipment upon delivery and pick-up of equipment to confirm that it is in good condition, without defects, operational, and is equipped with operating and safety instructions. The CDCR Contract Liaison or designee and the Contractor shall record any pre-existing damage on the equipment and relieve the State of any liability and shall mutually agree on the equipment condition. If the equipment does not operate properly upon delivery, the State will at its discretion decline delivery, and delivery charges will not be paid.

If an institution/facility deems it in their best interest to pick-up and/or drop-off a piece of rental equipment, they may do so and not incur a pick-up and/or delivery charge.

7. RENTAL

The equipment rental period shall begin when CDCR accepts delivery, and terminate upon verbal or electronic mail notification from the CDCR Contract Liaison or designee that the equipment is no longer needed.

Daily rental is defined as a twenty-four (24) hour consecutive period or less beginning at acceptance of equipment by CDCR. Daily rental will be paid at the “Daily Rental Rate” only when

IFB Page 20 of 91 the time period is less than one (1) week but shall at no time exceed the weekly rental rate for rental periods of less than one (1) week.

Weekly rental is defined as a seven (7) day consecutive period with the first day being the day of acceptance of equipment by CDCR. Weekly rental will be paid at the “Weekly Rental Rate”.

Once the time period has exceeded one (1) week, rental shall be paid at a daily rate of twenty

(20) percent of the weekly rate but shall at no time exceed the monthly rental rate for rental periods of less than one (1) month.

Monthly rental is defined as a twenty-eight (28) consecutive day period with the first day being the day of acceptance of equipment by CDCR. Monthly rental shall be paid at the “Monthly Rental Rate”. Once the time period has exceeded one (1) month, rental shall be paid daily at the rate of five (5) percent of the monthly rate but shall at no time exceed the monthly rental rate for a period of less than one (1) month.

8. LICENSES / PERMITS / CERTIFICATIONS

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary. However, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of the State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to include a copy of your business license or incorporation papers from your respective state showing that your company is in good standing in that state.

The Contractor shall provide a current, active California Department of Motor Vehicles Motor Carrier Permit if the Contractor meets any of the following conditions, as indicated by the California Department of Motor Vehicles:

Any person or business entity that is paid to transport property in their motor vehicle regardless of vehicle size, type, or weight. Entities that transport property for compensation are deemed a 'For-Hire' motor carrier.

Any person or business entity operating a commercial vehicle with a Gross Vehicle Weight Rating (GVWR) of 10,001 pounds or more, either for commercial or private use, hauling their own goods or property. Entities operating such vehicles are deemed a 'Private' motor carrier.

Operators of any vehicle or a combination of vehicles transporting hazardous materials.

Operators of a combination of a motor truck and trailer, semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies, that exceeds forty feet in length when coupled together.

For the purpose of an MCP, a “trailer” excludes camp trailers, utility trailers, and trailer coaches.

Operators of any motor vehicle or combination of motor vehicle and trailer for which the operation requires a commercial driver license, except vehicle combinations including camp trailers, utility trailers, and trailer coaches.

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9. CDCR CONTACT INFORMATION

Should questions or problems arise, the Contractor may contact the following:

Billing/Payment Issues:

Please refer to Exhibit B, Budget Detail and Payment Provisions

Scope of Work/Performance Issues:

Please refer to the Exhibit E, List of Participating Locations

General Contract Issues:

Office of Business Services Contracts Management Branch Phone Number: (279) 210-3753 Email: m_cdcrobscontracts@cdcr.ca.gov

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California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions Rev. 08/2024

1. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.

b. Invoices shall include the Agreement number and Purchase Order number and shall be submitted not more frequently than monthly in arrears to the address provided below. Invoices shall be itemized, separating parts and labor.