C5613104-D_Candy.pdf

California Department of Corrections and Rehabilitation

Division of Administrative Services Office of Business Services Contracts Management Branch

Updated: February 2025

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTS MANAGEMENT BRANCH

10/10/2025

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

CANDY - CANTEEN

BID NUMBER C5613104-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 C5613104-D, titled Candy - Canteen for the California Department of Corrections and Rehabilitation (CDCR), Inmate Welfare Fund (IWF), hereafter referred to as the State, for institutions/facilities statewide. This Master Contract concerns commodities purchased throughout the State for Incarcerated Individual Services Canteens through the IWF. The State is soliciting bids from all qualified contractors to provide Candy on a statewide basis. The contractor MUST provide all commodities, labor, materials, supplies, transportation and equipment as specified to fulfill the terms of this contract. Bidders are not required to bid on all locations. See Exhibit F, List of Participating Locations. 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: Julie Thompson

Email address: Julie.Thompson@cdcr.ca.gov Phone: 279-210-3487

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, Julie Thompson

Julie Thompson Contract Analyst HQ Unit 4

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

AGREEMENT EXECUTION

EXTENSION OF TERM

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

SUBMISSION OF SAMPLES BY LOWEST BIDDER/INSPECTION OF SAMPLE

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

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)

Bid Proposal (Exhibit B)

Estimated Volume by Location (Exhibit B-1)

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 02/2025.

Special Terms and Conditions (Exhibit D)

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

List of Participating Locations (Exhibit F)

California State Institutions Map (Exhibit G)

Sample contract/Delegation Purchase Order (STD 65)

Standard Contractor Certification Clauses (CCC)

Payee Data Record (STD 204)

Payee Data Record Supplement (STD 205)

Supplemental Vendor Payee Data Record Form

GenAI Reporting and Factsheet (OBS 1000)

Darfur Contracting Act (OBS 1500)

Iran Contracting Act (OBS 1502)

California Civil Rights Laws Certification (OBS 1510)

Sample Certificate of Insurance

Bidder Declaration (GSPD-05-105)

DVBE Declarations (DGS PD 843)

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

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

California DVBE Bid Incentive Instructions – Selecting Incentive Option

Invitation for Bid Contract Bid Number C5613104-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 October 10, 2025

Letters of Inquiry Submission Date October 15, 2025

Submission of Bid October 23, 2025, by 11:00 AM

Public Bid Opening October 27, 2025, at 2:00 PM

Anticipated Date for Commencement of Services

December 1, 2025

Term End Date of Agreement November 30, 2025

FUNDING

No funds should be encumbered for this contract: therefore, no monetary obligation is created on this Master Contract. Each Institution shall order the commodity from this Statewide Master Contract. Each institution will prepare a standard purchase order referencing the contract number, and the funds will be encumbered for that order against the institution’s allotment for resale.

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.

The bidder must either be pre-qualified with the California Department of Department of General Services as a Candy Vendor, or the bidder must meet all of the following qualifications:

1. The bidder has been in business for a minimum of two years, and

2. The bidder has at least one year of experience selling and providing post purchase service to accounts with requirements similar to CDCR, and

3. The bidder has sold and delivered over $15,000 in one individual sale to the State of California or to an account with requirements similar to those of CDCR, and

4. The bidder must provide a resume that illustrates the minimum qualifications required (shown above) and a contact person(s) name and telephone number or verification. Failure to meet these minimum qualifications will be grounds for bid rejection.

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.

Bidders must be able to provide all items as specified in the Scope of Work (Exhibit A). Failure to be able to provide all items as specified shall be cause for rejection of the bid. It is the bidder’s responsibility to immediately notify the person identified in the cover letter of this IFB if they become aware of any item listed in the Scope of Work that is discontinued or changed by the manufacturer. The Bid Proposal shall be submitted on a cost per case basis and MUST include all direct and indirect expenses.

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

NOTE:

1. Any quantities listed on Exhibit B-1 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.

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, 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.

Under California Penal Code Section 5005, “the Director (of CDCR) shall specify what commodities shall be sold in the Canteens.” Items specified in this IFB are non-negotiable. No substitutes will be accepted.

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 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 C5613104-D - Candy Canteen

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: C5613104-D

ATTENTION: Julie Thompson

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.

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 Julie Thompson, Contracts Management Branch, by email: Julie.Thompson@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.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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

Upon notification by a bidder / Offeror of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

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.

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. The CDCR reserves the right to extend the contract term up to an additional 12 months upon mutual written agreement of both parties. If the contract is amended to extend the term, CDCR may allow the Contractor to a one-time increase in rates.

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.

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.

SUBMISSION OF SAMPLES BY LOWEST BIDDER/INSPECTION OF SAMPLE

Within five (5) working days of notification, the lowest bidder must submit one (1) case sample of each product in the size and packaging as specified in the Scope of work (Exhibit A). The case sample and products within must be submitted as the institutions’ canteens will receive them. The packaging will be inspected to ensure that the bid requirements are met. Failure to submit the required product samples or comply with the packaging requirements will result in rejection of the bid. Samples of required product samples must be furnished at the bidder’s expense.

All samples submitted in response to this IFB will become the property of the State of California. Product samples must be received no later than 5:00 p.m. on the 5th working day from the date of notification as specified in these instructions at the following address:

MAIL DELIVERY, HAND DELIVERY, or OVERNIGHT MAIL:

Inmate Accounting Branch Attention: Chelsi Andres 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

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

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.

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.

BID SUBMITTAL CHECKLIST

CANDY CANTEEN

IFB No. C5613104 - 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 BIDDER: 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.

_____ Bid Submittal Checklist (this checklist)

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Sample Standard Agreement (STD 213)

______ Bid Proposal (Exhibit B)

_____ Estimated Volume by Location (Exhibit B-1)

_____ Copy of Contractor Certification Clauses (CCC)

The CCC can be found on the Internet at https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language. The first page must be signed and submitted prior to the award of the contract, but is not required if the bidder has submitted this form to the awarding agency within the last three (3) years.

_____ Original Payee Data Record (STD 204)

_____ Payee Data Record Supplement (STD. 205)

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

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

_____ Generative Artificial Intelligence (GenAI) Reporting and Fact Sheet (OBS 1000)

_____ Darfur Contracting Act (OBS 1500)

_____ Iran Contract Act (OBS 1502)

_____ California Civil Rights Law Certification (OBS 1510)

_____ 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.

_____ GSPD-05-105 Bidder Declaration

_____ DVBE Declarations (DGS PD 843), if applicable

_____ Copy of any required Certificate(s) of Insurance; Commercial General Liability & Automobile

Insurance Certificate (in accordance with Exhibit D, CDCR Special Terms and Conditions)

_____ Copy of Workers’ Compensation, if applicable (if exempt, please cite the legal code that exempts you from this requirement)

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

Bidder Acknowledgement/Certification (OBS 300) California Department of Corrections and Rehabilitation (CDCR)

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 sted below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

TBB Bid Number C5613104-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

I. INTRODUCTION/SERVICES

The Contractor shall provide, on a statewide basis, all labor, materials, supplies, transportation, equipment, and every other item of expense necessary to provide candy to the California Department of Corrections and Rehabilitation (CDCR). The Contractor must provide, at minimum, “Required Flavor Types” or flavor types that are substantially the same as the Required Flavor Types listed below. The Contractor may provide additional flavors;

however, all flavors listed by the Contractor in the Bid Proposal (Exhibit B) must be provided for the full term of the contract.

A map of CDCR’s institution locations (Exhibit E) is attached. Services include, but are not limited to, sales and timely delivery to all Incarcerated Individual Services Canteens located in or within California correctional facilities and camp warehouses throughout the State.

Each institution shall be required to purchase solely from this Statewide Master Contract for all Incarcerated Individual Services Canteens. If a like commodity is available through the California Prison Industry Authority (CALPIA), purchase from CALPIA will not violate the terms of this agreement (Penal Code 2807).

II. SPECIFICATION REQUIREMENTS

1. Almond Joy Candy Bar

1.61 Ounce Bars

Individually Wrapped Bars in Cardboard Box

2. Baby Ruth Candy Bar

1.9 Ounce Bars

3. Butterfinger Candy Bar

4. Hershey’s Milk Chocolate with Almonds Candy Bar

2.6 Ounce Bars

5. Hershey’s Milk Chocolate Candy Bar

6. Snickers with Almonds Candy Bar

1.76 Ounce Bars

7. Milky Way Candy Bar (Regular)

1.84 Ounce Bars

8. Milky Way Candy Bar (Midnight)

9. Nestle Crunch Candy Bar

1.55 Ounce Bars

10. Snickers Candy Bar

1.86 Ounce Bars

11. 3 Musketeers Candy Bar

1.92 Ounce Bars

12. M & M’s Peanut Chocolate Candies

1.74 Ounce Bags

Bags of Candy in Cardboard Box

13. M & M’s Plain Chocolate Candies

1.69 Ounce Bags

Bags of Candy in Cardboard Box

14. Reese’s Nutrageous Candy Bar

1.66 Ounce Bars

15. Reese’s Peanut Butter Cups

1.5 Ounce Bags

16. Caramel Twix Cookie Bar

1.79 Ounce Bars

17. Whoppers

5 Ounce Boxes Individual Boxes of Candy in Cardboard Box

18. Tootsie Rolls

240 Per Box, 8 Boxes Per Case Individually Wrapped Rolls in Cardboard Box

19. Tootsie Roll Pops (Assorted Flavors) 100 Per Box, 10 Boxes Per Case Individually Wrapped Suckers in Cardboard Box

20. Tootsie Roll Midgets 360 Per Bag, 38.8 Ounce Bag, 12 Bags Per Case Individually Wrapped Rolls in Plastic Bag

21. Jolly Rancher Sugar Free (Assorted)

3.6 Ounce Cellophane Bags, 12 Bags Per Case

22. Reese’s Pieces Peanut Butter Bag

1.53 Ounce Bags, 324 Bags Per Case

Individually Wrapped Bags in Cardboard Box

23. Tootsie Caramel Apple Pops

9.4 Ounce Bags, 24 Bags Per Case

24. Payday Candy Bar

1.85 Ounce Bars

NOTE: Hidden gifts or surprises are not allowed in the product packaging. Any bid proposal that includes products with packaging that contains hidden gifts or surprises will be rejected.

No foil packaging allowed.

III. CONTRACTOR’S RESPONSIBILITIES

The Contractor MUST ensure that any and all subcontractors meet all State requirements.

The Contractor is responsible for any and all sub-contracted work.

The Contractor must supply the brands, sizes, and packaging as stipulated in this contract for a period of two years. There will be no substitution of brands, sizes, or packaging unless the brands, sizes, or packaging become unavailable (discontinued) to the Contractor by the manufacturer or are no longer available at the price negotiated with the manufacturer. If the brands, sizes, or packaging as stipulated in this contract become unavailable to the Contractor by the Manufacturer, the Contractor MUST request, in writing, a brand, size, or packaging substitution at the original contract price. The CDCR reserves the right to accept or reject a brand, size, or packaging substitution. The Contractor MUST submit the written request to the following office:

Accounting Administrator I, Inmate Accounting Branch Attn. Virginia Nguyen P.O. Box 187017 Sacramento, CA 95818

The written request MUST include a manufacturer’s written notification of product change or discontinuance, or product price increase, Contractor’s recommendation for a comparable product, AND product and packaging samples. Unless otherwise waived or reduced, the written request MUST be submitted at least 30 days prior to the brand, size, or packaging becoming unavailable. If the Contractor fails to notify CDCR at least 30 days prior to the brand, size, or packaging becoming unavailable, CDCR reserves the right to cancel the contract.

At no time will CDCR pay more than the original contract price for a substituted brand, size, or packaging. Should the Contractor recommend a brand, size, or packaging substitution that has a lower manufacturer’s list price, the Contractor shall provide the substituted brand, size, or packaging at a correspondingly lower contract price. Should the Contractor recommend a brand, size, or packaging substitution that has a higher manufacturer’s list price, the Contractor shall provide the brand, size, or packaging at the original contract price.

All products and/or cases MUST be date stamped to meet industry standards and have a shelf life of at least (6) six months All products or multi-packs MUST be individually bar coded.

Bar codes cannot be changed without notifying the Manager of the Price Look Up (PLU) in writing at the address listed above. Notification must occur at least 30 days prior to the bar code change. Failure to notify may result in lengthy delays in payment without penalty to the State.

It is the Contractor’s responsibility to hire or contract for carriers who will maintain a fleet of trucks that can pass a vehicle inspection and employ drivers who can pass a California Law Enforcement Telecommunications (CLETS) check. All Contractor personnel (including any subcontractors) MUST receive security clearances from the institution by providing the full names of all personnel, their dates of birth, driver’s license numbers, and social security numbers. Gate clearance policies vary from institution to institution, however, a minimum of ten (10) working days notice MUST be given to each institution.

IV. NUTRITIONAL INFORMATION

The Contractor must include in their bid the calorie declaration for each individual product, in addition to the nutrient information listed below, if available:

1. Total calories

2. Calories from fat

3. Total fat

4. Saturated fat

5. Trans fat

6. Cholesterol

7. Sodium

8. Total carbohydrates

9. Fibers

10. Sugars

11. Protein

V. ORDERS

Each individual institution will process orders directly from the Contractor. An order, which consists of a minimum of ten (10) cases, may be placed by telephone by institution staff. A written confirmation order to the Contractor will immediately follow on a STD. 65, Contract/Delegation Purchase Order. The Contractor MUST confirm each order (by Email) within 24 hours of receipt of the telephone order. The List of Participating Institutions, Exhibit F, contains each institution’s shipping address, and telephone number.

The Contractor MUST deliver the commodity within six (6) working days after receipt of the order. If the Contractor is unable to fill the order within six (6) working days, CDCR reserves the right to purchase the commodity outside the contract from another vendor and shall be reimbursed by the Contractor for any additional costs above the contract price.

Institutions may request that orders be shipped in their entirety rather than in multiple shipments. Institutions not wanting multiple shipments may stipulate on the purchase order “NO PARTIAL SHIPMENTS ACCEPTED.” Purchase orders stating such must be shipped in their entirety within six (6) working days after receipt of the order.

In accordance with the Interstate Commerce Commission (ICC) standards, CDCR reserves the right not to accept orders that are damaged (hidden or concealed). The Contractor has six

(6) working days from receipt of verbal or written notification of damage to replace the commodity. Failure to do so shall result in CDCR exercising its authority and right to purchase the commodity from another Contractor.

Starting January 1, 2024, Incarcerated Individuals will now only have a 35% mark up, down from the prior 65% mark up on canteen goods. With this change it will give Incarcerated Individuals more buying power and the opportunity to purchase larger quantities of canteen goods. Please know that Order quantities may increase to keep up with demand.

VI. PACKAGING

The exterior packaging MUST show the contents and the purchase order number. All packaging is to conform to the applicable freight classifications, ICC and/or postal regulations, and is to be of a quality to ensure final delivery without damage to the contents. All packages must be sealed or shrink-wrapped to ensure the package contents are intact.

VII. DELIVERY

The Contractor MUST be able to provide, if needed, delivery trucks with lift gates and any other equipment required for the delivery of orders including pallet jacks. The Contractor must use size 48 x 40, four-way, hardwood pallets that are compatible with pallet jacks. The CDCR WILL NOT provide exchange pallets for the deliverer.

All deliveries shall be made during normal business hours, 7:00 a.m. to 2:30 p.m., Monday through Friday, excluding State holidays.

Some deliveries will be made outside the perimeter fence of the institution and some inside.

There could be significant delays while entering and exiting the institution. All deliveries as well as all vehicular traffic entering or leaving the institution shall be subject to inspection by the institutional staff. The Contractor should be prepared to schedule deliveries with sufficient time in the event that the carrier is delayed at the institution. Any costs associated with checking employees and/or vehicles in and out of the institution or the inspection of deliveries shall be borne by the Contractor.

VIII. CONTRACT EXTENSION

The CDCR reserves the right to extend the contract term for up to an additional 12 months upon mutual written agreement of both parties. If the contract is amended to extend the term, CDCR may allow the Contractor a one-time increase in rates. The Contractor MUST provide verifiable proof to the Manager, Inmate Welfare Fund (IWF), of a price increase and its effective date in the form of a general public announcement from the manufacturer. The request MUST be in writing and approved by the Manager, IWF, prior to an increase in the rate. The CDCR reserves the right to reject the request.

No price increase shall apply to quantities ordered from the contract prior to the effective date of an approved price increase.

IX. CONTRACTOR EVALUATION

The CDCR will perform an ongoing evaluation of the Contractor’s compliance with all requirements specified in the contract. The evaluation criteria shall include, but is not limited to, problems encountered during the contract, future performance, and any other subjects relating to the ordering, packaging, delivery, etc.

X. CDCR CONTACT INFORMATION

Should questions or problems arise during the term of this contract, the Contractor should contact the following offices:

Scope of Work/Performance Issues

Inmate Accounting Branch/IWF Charlotte Enriquez, Contract Analyst Phone Number: (279) 300-5669 Fax Number: (916) 255-1056 Email Address: charlotte.enriquez@cdcr.ca.gov

Billing/Payment Issues Accounting Services Branch – Sacramento Attn: Inmate Accounting P.O. Box 187017 Sacramento, CA 95818-7020 Phone Number: (916) 255-2042 Fax Number: (916) 255-2103

General Contract Issues Office of Business Services Contracts Management Branch Phone Number: (279) 210-3487 Email: m_cdcrobscontracts@cdcr.ca.gov

California Department of Corrections and Rehabilitation (CDCR) Exhibit B Bid Proposal

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 Scope of Work, all Terms and Conditions, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in the spaces provided herein.