DF250008_CSDF_Residential_Transportation_Services_IFB.pdf

California Department of Education Invitation for Bid (IFB)

CSDF Residential Transportation Services –

DF250008

California School for the Deaf, Fremont Analyst: Contract Analyst – Lauren Kreipe

1430 N Street, Suite 2213 Sacramento, CA 95814

Email: LKreipe@cde.ca.gov Phone: 916-322-3035

Bid Due Date: April 14, 2025 at 12:00 pm PDT

Public Bid Opening: April 16, 2025 at 10:15 am PDT Contract Period: August 3, 2025 – June 30, 2026 mailto:LKreipe@cde.ca.gov

TABLE OF CONTENTS

California Department of Education Invitation for Bid (IFB) CSDF Residential Transportation Services – DF250008

TABLE OF CONTENTS

GENERAL INFORMATION

I. PURPOSE

II. IFB SCHEDULE

III. ELIGIBLE BIDDERS

IV. DVBE PROGRAM REQUIREMENT

V. PREFERENCE PROGRAMS

VI. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

NOTIFICATION

VII. BIDDER REQUIREMENTS

VIII. IFB DOCUMENTS

IX. BID DOCUMENTS AS PUBLIC RECORD

X. BID SUBMISSION

XI. BID SUBMISSION REQUIREMENTS

XII. BASIS AND PROCESS OF AWARD

XIII. BID ACCEPTANCE

XIV. CONDITIONS OF CONTRACT SIGNING

XV. CONTRACT AWARD PROTEST PROCEDURES

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

II. CONTRACT MONITORS

III. ORIENTATION MEETING

IV. BACKGROUND

V. BUS TYPES TO BE USED

VI. SERVICES TO BE PERFORMED

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

II. BUDGET CONTINGENCY CLAUSE (rev. 9/2012)

III. PAYMENT

IV. DVBE PARTICIPATION WITHHOLD (1/1/2022)

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS & CONDITIONS

I. RIGHT TO TERMINATE

II. TERMINATION FOR TARGETS OF ECONOMIC SANCTIONS; EXECUTIVE

ORDER N-6-22 – RUSSIA SANCTIONS

III. RESOLUTION OF DISPUTES

IV. LOSS LEADER

V. ICT ACCESSIBILITY REQUIREMENTS (05/2018)

VI. PROHIBITION OF DISCRIMINATION

VII. HEALTH AND SAFETY

VIII. COMPUTER SOFTWARE COPYRIGHT COMPLIANCE

IX. CERTIFICATE OF INSURANCE REQUIREMENTS:

X. WORKERS’ COMPENSATION

XI. AMENDMENTS

XII. CONTRACT REQUIREMENTS RELATED TO DVBE PARTICIPATION

COMPLIANCE

EXHIBIT E – TRANSPORTATION ROUTES

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 – CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE

ATTACHMENT 3 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 3a – DARFUR CONTRACTING ACT CERTIFICATION SUPPLEMENTAL 52

ATTACHMENT 4 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 5 – SMALL BUSINESS PREFERENCE SHEET

ATTACHMENT 6 – BID ACCEPTANCE SAMPLE

ATTACHMENT 7 – PROTEST PROCEDURES FOR INVITATION FOR BIDS

ATTACHMENT 8 – IRAN CONTRACTING ACT CERTIFICATION

GENERAL INFORMATION

I. PURPOSE

The California Department of Education (hereinafter referred to as CDE) is soliciting bids to provide residential transportation services to students at the California School for the Deaf, Fremont, located at 39350 Gallaudet Drive, Fremont, CA 94538, in accordance with the specifications contained herein this Invitation for Bid (IFB).

It is anticipated that the contract start date will begin approximately on August 3, 2025.

The actual start date of the contract is contingent upon approval of the agreement by the Department of General Services (DGS), if required.

Award of a contract as a result of this IFB shall be contingent on DGS approval, CDE executive approval, funding and program authorization provided to and by the CDE.

II. IFB SCHEDULE

Activity Action Date

Invitation for Bid Advertisement March 28, 2025

Bids Due April 14, 2025 at 12:00 pm PDT

Public Bid Opening April 16, 2025 at 10:15 am PDT

Contract Start Date August 3, 2025, or upon contract/DGS approval, whichever is later

III. ELIGIBLE BIDDERS

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB. The bidder must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State), if applicable. Bidders must be a legally cognizable public agency, sole proprietorship, partnership, or corporation (fully incorporated by the deadline for submitting bids). Failure to meet the foregoing requirement will result in disqualification.

Bidders who have had a contract terminated by the CDE in the past 18 months may be automatically disqualified.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirement

This solicitation is exempt from DVBE participation.

See General Information, Article V DVBE Participation Goals for information.

B. Targets of Economic Sanctions; Executive Order N-6-22 – Russia Sanctions:

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

IV. DVBE PROGRAM REQUIREMENT

Section 10115 et seq. of Public Contract Code, and Section 999 et seq. of the Military and Veterans Code requires a goal of three percent (3%) certified California Disabled Veteran Business Enterprise (DVBE) participation for all contracts on an agency-wide basis of $25,000.00 and over unless exempted due to the services provided.

This solicitation is exempt from DVBE participation, however the DVBE incentive still applies (see Article V. Preference Programs).

The CDE is committed to achieving legislatively established goals for the participation of DVBEs in all contracting and seeks to use certified California DVBE business whenever possible.

V. PREFERENCE PROGRAMS

A. Small Business Preference

A five percent (5%) bid preference is available and will be applied in accordance with Attachment 5. The small business preference will be applied to those bidders declaring their eligibility by completing Attachment 5. The bidder must include proof of Small Business certification, if applying for the preference. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Information regarding this preference program may be obtained on the DGS website, https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/How-to-do-business-with-the-state-of-California

B. DVBE Incentive Option

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to responsive and responsible bidders who provide DVBE participation as outlined below. The incentive amount for awards based on the lowest responsive/ responsible bid received will vary in conjunction with the percentage of DVBE participation. The incentive is only given to those bidders who are responsive to the https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California

DVBE Program Requirements and DVBE participation in the resulting contract. The following represents the percentages that will be applied:

• Confirmed DVBE Participation of 5% or more, the DVBE Incentive is 5%.

• Confirmed DVBE Participation of 4% to 4.99%, the DVBE Incentive is 4%.

• Confirmed DVBE Participation of 3% to 3.99%, the DVBE Incentive is 3%.

In order to receive the incentive bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

The bidder must also include proof of DVBE certification, if applying for the incentive.

Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

C. Target Area Contract Preference Act (TACPA) Preference

Preference will be granted to California-based companies in accordance with GC § 4530–4535.3 whenever contracts for goods and services are in excess of $100,000 and the bidder meets certain requirements as defined in the California Code of Regulations (2 CCR § 1896.30) regarding labor needed to produce the goods or provide the services being procured.

This IFB includes the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid.

The TACPA workplace and workforce preferences will be evaluated for this IFB.

California-based companies seeking TACPA preferences will need to complete and submit the following preference forms with the bid:

• TACPA Preference Request form STD 830:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

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

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

Information regarding this preference program may be obtained at the DGS-PD website, https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Request-Target-Area-Contract-Preference?search=TACPA. By submitting TACPA preference forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code section 4535 and provided in 2 CCR 1896.40 in addition to requirements specified on the TACPA form STD 830.

VI. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION

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

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4535.&lawCode=GOV https://govt.westlaw.com/calregs/Document/IB6959FB0FA6A11DE8C6E96BC63A3F6F5?viewType=FullText&listSource=Search&originationContext=Search+Result&transitionType=SearchItem&contextData=(sc.Search)&navigationPath=Search%2fv1%2fresults%2fnavigation%2fi0ad720f200000180dc9fa61d346ef6d5%3fppcid%3dda49fab88d1d4a6d9177c26f3ebfaf26%26Nav%3dREGULATION_PUBLICVIEW%26fragmentIdentifier%3dIB6959FB0FA6A11DE8C6E96BC63A3F6F5%26startIndex%3d1%26transitionType%3dSearchItem%26contextData%3d%2528sc.Default%2529%26originationContext%3dSearch%2520Result&list=REGULATION_PUBLICVIEW&rank=1&t_T2=1896.40&t_S1=CA+ADC+s https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf 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 the right to seek any and all relief to which 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.

VII. BIDDER REQUIREMENTS

Bidders must be responsible and have the capability to professionally carry out the terms of this contract. Those bidders who have had a contract terminated with the CDE in the past 18 months will be disqualified and will not be considered in the award process.

As a condition of award, bidders must be able to provide a certificate of insurance meeting the requirements of Exhibit D, Article X Certificate of Insurance Requirements and XI Workers Compensation. Bidders who do not provide proof of insurance meeting the requirements of Exhibit D, Article X Certificate of Insurance Requirements and XI Workers Compensation will be disqualified. See General Information, Article XII Basis and Process of Award.

Bidders must be prepared to provide at the time of contract signing, all reports and/or records considered essential to the safe and efficient operation of the CSDF’s Transportation Program, as outlined in Exhibit A, Scope of Work, Article VI. Section 2.

VIII. IFB DOCUMENTS

Any conflicts, omissions or errors in the IFB or questions concerning clarification or interpretation of the IFB, shall be brought to the attention of Contract Analyst Lauren Kreipe, LKreipe@cde.ca.gov, (916) 322-3035. The CDE reserves the right to rephrase or not answer any question submitted.

The CDE reserves the right to amend or modify the IFB document prior to the final bid submittal date identified herein by issuing an addendum to all parties. The CDE will not be bound by verbal representations or interpretations.

The CDE reserves the right, at its sole discretion, for any reason, including price, rates, costs, etc., to cancel or modify this IFB, in whole or in part, prior to the award of any contract. The CDE may waive any immaterial deviation or defect in a bid proposal. The

CDE’s waiver of a deviation or defect shall in no way modify the IFB documents or excuse the Contractor from full compliance with the IFB specifications if awarded the contract. The CDE may reject any bid for any deviation or defect.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact Lauren Kreipe, Contract Analyst, by phone at (916) 322-3035 or email at LKreipe@cde.ca.gov.

IX. BID DOCUMENTS AS PUBLIC RECORD

All bids and related documents submitted in response to this IFB become the property of the State of California and are considered public records and are subject to disclosure upon request, pursuant to Government Code Section 6250 et seq. All contracts awarded and all attachments thereto will become public records.

X. BID SUBMISSION

Each bidder shall submit to the CDE two sealed copies of their bid meeting the specifications described in this IFB.

1. One (1) original set of bid documents which must bear the original signature of the individual authorized to do so, and

2. One (1) copy of the bid documents with a photocopy of the original signature.

All bid package documents must bear the original signature of the individual authorized to sign the contract. No electronic signatures will be accepted as original. Original signature shall mean a manual handwritten signature or mark in wet ink.

The bid shall be returned in a sealed envelope marked “SEALED BID – CSDF Residential Transportation Services – DO NOT OPEN.” To prevent inadvertent premature opening, place sealed bid in one envelope within a second envelope addressed as follows:

California Department of Education Fiscal and Administrative Services Division Contracts Office Attention: Lauren Kreipe – DF250008 - IFB 1430 N Street, Suite 2213 Sacramento, CA 95814 SEALED BID – CSDF Residential Transportation Services – DO NOT OPEN

Sealed bids may be submitted via mail to the address above. Or may be hand delivered to the CDE Mail Room located on the first floor of the CDE building at 1430 N Street, Sacramento, CA 95814. If hand delivering, bidder must check in with the security desk (present valid ID). Security personnel will not accept bids.

The deadline for submission of sealed bids is Monday, April 14, 2025 at 12:00 pm PDT.

The bids will be publicly opened and read on Wednesday, April 16, 2025 at 10:15 am PDT at the California Department of Education, Fiscal and Administrative Services Division, 1430 N Street, Suite 2213, Room 2212, Sacramento, CA 95814.

In a closed session, following the bid opening and reading, the CDE will review the apparent low bid to determine if the low bidder is responsible and responsive to the IFB.

Bids not received at the location by the date and time specified will not be accepted.

Postmark date will not constitute delivery. It is the bidder's responsibility to ensure that the bid is received at the location specified by the bid deadline.

By submitting a bid, prospective bidders certify that they meet all qualifications specified herein and agree to comply with all terms and conditions of this IFB. After announcement of the apparent successful bidder, there will be no negotiations of the terms and conditions of this IFB or the bidder's submitted proposal between the CDE and the apparent successful bidder.

Bids shall not be qualified or conditioned. Any bid response modifying, amending, or proposing alternate language to the terms and conditions of the IFB will be invalid and inapplicable. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

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.

There is no requirement to award a contract if, in the opinion of the CDE, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

If no submissions are received containing bids offering a cost/price/rate, which in the opinion of the CDE is a reasonable cost/price/rate, CDE is not required to award an Agreement (Public Contract Code Section 10344 [d]).

Every component of the bid cost/price/rate is subject to reasonableness of cost justification. If any portion of the cost is rejected by the CDE, then the entire bid may be rejected.

The cost of bid development is the responsibility of the prospective bidder and shall not be chargeable to the CDE.

A bidder may withdraw its bid at any time prior to the date and time of bid opening by submitting a request in writing to the CDE, Attention: Contracts Office – Lauren Kreipe – DF250008, 1430 N Street, Suite 2213, Sacramento, CA 95814. A new bid package may be submitted prior to the date and time of bid opening. Written withdrawal of bidder’s bid will not be accepted after the date and time of bid opening. Withdrawals requested by telephone or fax are not acceptable.

Clarification may be requested by the CDE Contracts Office during the review of the bids for the purpose of clarifying ambiguities in the information presented in the bid response. The CDE reserves the right, at its sole discretion, to overlook, correct, or require a bidder to remedy any obvious clerical or incidental mathematical errors on a bid form. Bidders may be required to initial corrections.

Any failure by the bidder to acquaint itself with available information will not relieve them from responsibility for estimating properly, the difficulty, or cost of successfully performing the work.

XI. BID SUBMISSION REQUIREMENTS

The bid submission package must be submitted to the CDE and must include the following required forms fully completed and signed where applicable. One original set and one full copy of the bid documents listed herein must be included in the bid package. See Article X. Bid Submission.

A. Attachment 1 – Required Attachment Checklist

The Required Attachment Checklist is to be used to ensure and confirm compliance with the bid submission requirements. The checklist must be completed and submitted as the cover of your bid package.

B. Exhibit B.1 Contractor’s Bid Form

Contractor's Bid Form: must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Bid form must contain the proposed bid cost for one trip day for one bus per specified route. Proposed bid cost must include all direct or indirect expenses incidental to providing the services described, including all applicable taxes.

C. Contractor Certification Clauses (CCC 04/2017)

The Contractor Certification Clauses (CCC 04/2017) must be signed and dated with an original signature. The CCC 04/2017 can be found at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

D. Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205)

The STD 204 form must be completed and submitted with an original signature. The STD 204 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

The STD 205 form must be completed and submitted with an original signature if the bidder must identify a remittance address that is different from the mailing address identified on the STD 204. The Payee Data Record Supplemental STD 205 can be found at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

E. Attachment 2 – Certification of Workers’ Compensation Insurance

The Certification of Workers’ Compensation Insurance form must be fully completed, signed and dated with an original signature.

F. Attachment 3 – Darfur Contracting Act Certification, or Attachment 3a – Darfur Contracting Act Certification Supplemental

The Darfur Contracting Act Certification or the Darfur Contracting Act Certification Supplemental must be fully completed, signed and dated with an original signature.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

G. Attachment 4 – California Civil Rights Certification

The California Civil Rights Certification must be fully completed, signed and dated with an original signature.

H. Attachment 8 – Iran Contracting Act Certification

The Iran Contracting Act Certification form must be fully completed, signed and dated with an original signature.

I. Conditional Attachments

1. Insurance Certificate

See General Information, Article XI Basis and Process of Award. Proof of insurance required in Exhibit D, Article X Certificate of Insurance Requirements and XI Workers’ Compensation are required as a condition of award. As a condition of award, the bidder must possess and provide a copy of their insurance certificates meeting the terms outlined in Exhibit D, Article X Certificate of Insurance Requirements and XI Workers’ Compensation:

1. Commercial General Liability, $1,000,000.00, AND

2. Automobile Liability, $10,000,000.00, AND

3. Workers’ Compensation

2. Attachment 6 – Bid Acceptance: Attachment 6 will be required to be completed once the lowest bidder for each of the given routes has been identified. Please see Article XI. Basis and Process of Award for more information.

3. Small Business Preference

If bidder intends to apply for the Small Business Preference the Attachment 5 Small Business Preference Sheet must be completed and submitted with original signature.

The bidder must submit proof of Small Business certification. Failure to submit a copy of your proof of certification for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

4. DVBE Incentive Option

If bidder intends to apply for the DVBE Incentive the following documents are required. Failure to submit any of the documents for this bid will not be cause for bid rejection; however, DVBE incentive will not be considered or granted for your bid.

• Bidder Declaration (GSPD-05-105). Bids must include a GSPD-05-105 form completed in accordance with the instructions on the form. The GSPD-05-105 https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

• DVBE Certification. Bids must include a copy of the DVBE certification for each DVBE contractor/subcontractor. DVBE certification can be verified and printed from Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

5. TACPA Preference

If bidder intends to apply for the TACPA Preference the TACPA Preference form (STD 830) and Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 526) form must be completed and submitted with original signature.

• TACPA Preference Request form (STD 830). Bids must include a STD 830 form completed in accordance with the instructions on the form. The STD 830 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

Bidder’s Summary of Contract Activities and Labor Hours form DGS/PD 526.

Bids must include a DGS/PD 523 form completed in accordance with the instructions on the form. The DGS/PD 526 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

XII. BASIS AND PROCESS OF AWARD

The contract shall be awarded on the basis of the responsive and responsible bidder submitting the lowest bid cost for each of the given routes. The rate provided is for a single bus for one trip day of service. The CDE reserves the right to award multiple contracts as a result of this IFB. Charges for the bidder’s operating expenses such as:

labor, travel, transportation, fuel, parking, equipment, equipment rental, taxes, permits, licenses, insurance and/or any other overhead expenses must be included as part of the bidder’s rates.

A. Step 1: Following the public bid opening, the CDE will review the bids for preliminary compliance with bid requirements. Each bid will be reviewed for completeness of the bid package. All required forms listed in General Information Article XI. Bid Submission Requirements must be fully completed, dated, and signed where applicable.

B. Step 2: Once the lowest bidder per route has been identified as the proposed awardee(s), the CDE will contact them and request the Bid Acceptance Form, Attachment 6, be completed, and at that time proof of insurance meeting all requirements stated in Exhibit D, Article X Certificate of Insurance Requirements and XI Workers Compensation is required. If the proposed awardee(s) does not provide the required proof of insurance at this time, they will be disqualified, and the CDE will contact the next lowest bidder. See General Information, Article XIII. Bid Acceptance.

C. Step 3: Upon the successful completion of the Step 1 and Step 2 above, the https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf proposed awardee(s) will be contacted by CSDF to schedule a review of the additional required documents, as described in General Information, Article XIV.

Conditions of Contract Signing. If the proposed awardee fails to provide any of the required documents as determined by CSDF staff, the bidder may be disqualified.

The CDE reserves the right to award to the next lowest bidder as necessary.

D. Step 4: If all required documents are present, valid, and complete, the CSDF staff will provide the contract for the awardee to sign.

All bid responses must comply with the requirements outlined herein. Failure to do so will disqualify the bid. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

The method that shall be used as a "tie-breaker" in the event of a two-way (or more) tie of the responsive/responsible lowest bid will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

Small business bidders, meeting the IFB specifications, shall have precedence over non-small business bidders in that the application of any bidder preference for which non-small business bidders may be eligible under any other provision of law shall not result in the denial of the award to a small business bidder.

In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a small business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract shall be awarded to the veteran-owned small business.

Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the contracting agency at least five working days prior to awarding the contract.

XIII. BID ACCEPTANCE

Once bids have been reviewed in accordance with General Information, Article XII.

Basis and Process of Award, and the CDE has determined the proposed awardee(s) per route(s), the CDE will contact each proposed awardee(s) per route(s) and request that the Bid Acceptance Form, Attachment 6 be completed. At that time, the proposed awardee(s) must complete and submit the Bid Acceptance Form, Attachment 6; and must provide proof of insurance as outlined in Exhibit D, Article X Certificate of Insurance Requirements and XI Workers’ Compensation. Once submitted, the proof of insurance and Bid Acceptance Form will be reviewed by the CDE for compliance with the IFB requirements. Failure to comply with Bid Acceptance requirements will result in disqualification.

Proof of insurance coverage and limits as required in Exhibit D, Article X Certificate of Insurance Requirements and XI Workers’ Compensation are required at the time of bid acceptance. If no insurance is provided, or what is provided does not meet the requirements, the proposed awardee will be disqualified.

XIV. CONDITIONS OF CONTRACT SIGNING

Upon successful completion of the process outlined in General Information, Article XIII Bid Acceptance, the successful lowest responsive and responsible bidder(s) awarded a contract as a result of the bid(s) submitted for this IFB, will be required to attend a mandatory contract signing, which will take place on the California School for the Deaf, Fremont’s campus. A notice of contract signing will be provided within five working days after the contract award.

Failure to provide all required documents (see Exhibit A, Article VI, Section 2. Required Documents Upon Award of Contract) at time of contract signing will preclude the bidder from signing the contract, and the contract award will be null and void.

XV. CONTRACT AWARD PROTEST PROCEDURES

If prior to the award, any bidder files a protest with the CDE against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the IFB, the contract shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 7 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services Office of Legal Services ATTN: Bid Protest Coordinator 707 3rd Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 EMAIL: OLSProtests@dgs.ca.gov

California Department of Education Contracts Office ATTN: Contract Manager 1430 N Street, Suite 2213 Sacramento, CA 95814 EMAIL: ContractsOffice@cde.ca.gov mailto:OLSProtests@dgs.ca.gov mailto:CONTRACTSOFFICE@cde.ca.gov

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

The Contractor shall provide residential transportation services on an as-needed basis for residential students at the California Department of Education (CDE), California School for the Deaf, Fremont (CSDF), hereinafter referred to as CSDF, campus located at 39350 Gallaudet Drive, Fremont, CA 94538, as described herein.

II. CONTRACT MONITORS

The California Department of Education (CDE) assigns Kelley Elwood, (510) 794-2409, KElwood@csdf-cde.ca.gov, as the CDE Contract Monitor to oversee this project. Said CDE Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

The Contractor must assign a Contractor Contract Monitor to oversee this project. Said Contractor Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

III. ORIENTATION MEETING

As scheduled by the CDE Contract Monitor and prior to the first day of services, the Contractor and CDE Contract Monitor will meet, either virtually or in-person, to review current health and safety regulations and services to be performed under this agreement.

IV. BACKGROUND

The Contractor agrees to furnish all labor, materials, and buses necessary to perform all services required for transportation services for the residential students residing at the

CSDF.

All routes will begin at CSDF and end at CSDF. Contractor must pick up CSDF Staff Aide from CSDF prior to student pick up in residential cities, or drop off CSDF Staff Aide at CSDF after students have been dropped off in residential cities. Historically, CSDF has had 76-78 regular school session transportation days, and six (6) - eight (8) summer school transportation days.

The Contractor MUST notify the CSDF Transportation Office twenty-four (24) hours in advance if Contractor is not able to provide services. Contractor's failure to contact the CSDF Transportation Office twenty-four (24) hours in advance will be cause for immediate contract termination (see Right to Terminate, Exhibit D, Article I).

CSDF Transportation Office will provide Contractor with twenty-four (24) hours advance notice if services for a given route are not needed.

mailto:KElwood@csdf-cde.ca.gov

V. BUS TYPES TO BE USED

No coach-type buses or any other vehicle will be allowed in fulfillment of this contract.

The contractor must use one of the following vehicle types while providing residential transportation services:

• A model type school bus regulated by Federal Motor Vehicle Safety Standard

(FMVSS)

• A school bus certified model type school bus

• A type 1, transit, or conventional buses that have an undercarriage, and two floor level exits.

VI. SERVICES TO BE PERFORMED

1. Regulation of Drivers:

All drivers provided by the Contractor will have in his/her possession at all times their Commercial Driver License (CDL), California Special Driver Certificate, and medical card and shall upon request by CSDF Transportation Office staff produce such documents for inspection.

Original documents are required - copies are not acceptable. All drivers provided by the Contractor will have in their possession a current driver's log book as required by statute or regulation and shall upon request by CSDF Transportation Office staff produce such documents for inspection.

CSDF Transportation Office staff will have the right to remove any driver provided by the Contractor who does not have a current California CDL, and/or is physically unfit to operate a motor vehicle. This determination will be made by the CSDF Transportation Office staff and communicated both verbally and in writing to the Contractor. The Contractor is responsible for providing a replacement driver within a reasonable amount of time as determined by the CSDF Transportation Office staff, realizing liquidated damages for late service are applicable (Exhibit A, Article VI, Item 16).

2. Required Documents Upon Award of Contract:

These documents are required to be provided upon award of contract and are required to be maintained and kept up to date throughout the contract term. Documents must be made available for inspection upon CSDF Transportation Office request, at any time during the contract term.

The Contractor will provide, at the time of contract signing all reports, Training Records TO-2, and driver certification forms considered essential to the safe and efficient operation of the CSDF's Transportation Program. The Contractor must maintain all records throughout the contract term. In addition, the Contractor will automatically provide routine and emergency operational information as required within the contract to the CSDF Transportation Office. Failure to provide the documents will preclude the bidder from signing the contract and the contract award will be null and void. Such reports shall include, but not be limited to, the following:

A. The most current California Highway Patrol (CHP) terminal inspection report from each terminal the Contractor operates and that provides vehicles in fulfillment of this contract. The reports shall clearly show the Contractor’s current carrier rating. A copy is acceptable.

B. For each California certified school bus in the fulfillment of the contract, the Contractor must provide a copy of its current CHP issued school bus Contractor's license.

C. Operating Authority granted by the California Public Utilities Commission (valid Transportation Charter A license).

D. The Contractor will provide a report of all vehicles that are used in the fulfillment of this contract. The report shall contain but not be limited to the following:

1) Vehicle Identification Number

2) Vehicle License number

3) Company equipment number

4) Copy of CHP 292 inspection certificate

5) Vehicle age

6) Vehicle capacity

7) Department of Motor Vehicle Registration of registered Vehicle. A copy is acceptable. Temporary registration will not be accepted as operational.

E. The Contractor will provide a photocopy of all drivers’ licenses, that are school bus certified, and are used in fulfillment of this contract. The Contractor will provide the certification with a list of names of its employees, who may come in contact with students, to CSDF’s Transportation Office upon contract approval. The Contractor will provide an updated list with the hire of staff that may come into contact with students. CSDF will request a list at random to ensure compliance. The Contractor will report any changes or driver’s status immediately to the CSDF Transportation Office. The report will contain but not be limited to the following:

1) A list of all driver’s names

2) CDL for each driver (No Passport or any other document will be accepted in lieu of commercial license)

a) Number

b) Expiration date

c) Restriction(s)

d) Endorsement(s) (must include Passenger Endorsements)

e) Limitation(s)

f) Class

g) Driver training record TO-2

3) California Special Driver Certificate for each driver:

a) Issue date

b) Expiration date

c) Restriction(s)

d) Endorsement(s)

e) Limitation(s)

f) Vehicle type

4) Medical Card for each driver:

a) Issue date

b) Expiration date

c) Restriction(s)

F. The Contractor must provide a handbook to all drivers and the CSDF Transportation Office staff, which include procedures for, but not limited to the following:

1) Breakdown procedures including driver’s responsibilities for each passenger’s safety and welfare.

2) Bus evacuation procedures as required in California Education Code (EC) Section 39831.

3) Procedures for pick-up and delivery of student(s) that must include mandatory instructions for each driver to confirm completion of each route.

a) Delivery route:

Route driver will confirm completion by calling the CSDF Transportation Office

(510) 794- 3793 and/or (510) 344-6222.

b) Returning route:

Procedures must include a MANDATORY requirement for each driver to deliver the student charter list to the CSDF Transportation Office immediately at the conclusion of each return route.

Liquidated damages will apply as defined in Exhibit A, Article VI, Item 16, if the student list is not delivered to the CSDF Transportation office immediately at the conclusion of each route.

4) Certificate of Contract Requirements:

The Contractor will agree that all drivers provided by the Contractor will have read and understood the requirements specified in the agreement. The Contractor will have every driver sign and complete the Driver Certification form and will return them to the CSDF Transportation Coordinator before the first day of services. Under no circumstances will a driver be allowed to transport students if the Driver Certification is not in possession of the CSDF transportation office. Liquidated damages will apply as defined in Exhibit A, Article VI, Item 16, as late services if the driver is not properly licensed or the Driver Certification is not on file.

5) Procedures regarding COVID-19 regulations which adhere to the terms contained herein.

3. Video Surveillance and Communication Devices:

All vehicles used by the Contractor to transport student(s) and employee(s) must be equipped with a minimum of 2 angles of Video Surveillance System (VSS), with at least weekly back-up; the Contractor will maintain all data to a removable external hard drive (EHD). CSDF staff will inspect buses upon arrival. VSS angles should include from the front of the bus to the back, from the back to the front, and/or at least one emergency exit, for a total of 2 angles. Additionally, the Contractor will provide a list of vehicle equipment numbers of buses to satisfy VSS requirement. Contractor will maintain all records throughout the contract term. The Contractor will provide recordings, if requested by the CSDF Transportation Office, within seventy-two (72) hours of the request.

The Contractor will maintain weekly and monthly saved data to submit monthly, annually and/or by request on thumb drive, EHD or any other type of saving device to CSDF Transportation Office or business office with last invoice. Saved data may be requested by the CSDF Transportation Office at any time and must be provided to the CSDF Transportation Office within seventy-two (72) hours of the request. Additionally, the Contractor must maintain, and provide, an updated list of VSS equipment installed on each vehicle used to service the contract and allow the CSDF staff to inspect any vehicle upon arrival. Contractor will maintain all records throughout the contract term.

All video footage files will be named with the date, route number, and angle that they represent, and will include the correct extension (i.e. MP4 or AVS) at the end of the file.

The Contractor will provide each month’s VSS footage to the CDE Contract Monitor with that month’s billing invoice. Invoices must be accompanied by the same month’s VSS footage for payment to be processed. The dates of all submitted video footage must match the invoicing period listed on the invoice.

All vehicles used by the Contractor to transport student(s) and employee(s) must also be equipped with an electronic cellular communication device capable of maintaining contact with CSDF Transportation Office while in route. Contact numbers will be provided to the CSDF Transportation Office prior to the first scheduled transportation service. The driver will call the CSDF Transportation Office (510-794-3793) and/or (510) 344-6222 upon arrival at each scheduled stop during the loading or unloading of students. The driver will provide the CSDF Transportation Office with the following information: specific route, specific scheduled stop, time, and any student or parent concerns, should any arise.

The Contractor's failure to comply with any of these requirements will result in the assessment of liquidated damages as defined in Exhibit A, Article VI, Item 16, and may result in termination of the contract.

4. Speed Limit:

All vehicles used by the Contractor to transport student(s) and employee(s) must be equipped with a Global Positioning System (GPS) tracking unit, to determine movement, location, speed rate, and time. The Contractor will submit recordings to CSDF Transportation Office upon request within seventy-two (72) hours. Devices shall be capable of maintaining contact with Contractor while in route.

The Contractor agrees that each assigned driver will not drive any vehicle upon a highway at a speed greater than fifty-five (55) miles per hour, and is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. Driver(s) will not use speed control or cruise control devices to maintain a vehicle's speed while transporting student(s) and/or employee(s).

5. Next Day Service:

If the Contractor misses a scheduled trip, either a pick-up or return to CSDF, the Contractor must provide next day service using the same routing times and locations already supplied to the Contractor and be assessed damages as defined in Exhibit A, Article VI, Item 16, Liquidated Damages. Repeated schedule deviations caused by the Contractor may result in termination of the contract.

6. Yard Locations:

The Contractor will be prepared to leave from a yard location near enough for a CSDF staff escort aide to be picked-up at CSDF and returned to CSDF on the same day. Yard locations must allow the driver to stay within the Aggregate Driving Time as defined in California Vehicle Code (VC) Section 21702.

7. Routing Control:

A detailed transportation calendar identifying transportation days for the Regular School Year will be provided at the start of the contract. Exhibit E provides a schedule of routes, clearly identifying the pick-up/drop-off stops for the residential students. For the Summer School session, the schedule of routes and travel calendar will be provided to the Contractor no later than seven (7) days prior to the commencement of the Summer Session.

CONTRACTOR AGREES TO WAIT AT ANY OR ALL STOPS UNTIL ALL STUDENTS

HAVE BEEN PICKED-UP OR A DETERMINATION BY CSDF TRANSPORTATION

OFFICE HAS BEEN MADE AS TO HOW AND/OR WHEN THE VEHICLE SHOULD

PROCEED.

To avoid miscommunication, the Contractor agrees to supply a copy of the executed contract to each yard location responsible for providing service.

8. Strike Provision:

In the event of a strike, the Contractor will be expected to provide continuous service with either supervisory staff or other qualified drivers whose credentials are on file with the CSDF Transportation Office.

9. Students Creating Safety Hazard:

The Contractor agrees that each driver(s) will not remove a student at any time unless the student is given into the custody of a parent or any person designated by the parent or school. Disorderly conduct or persistent refusal to submit to the driver's authority may be sufficient grounds for the Contractor to refuse transportation of a student. In such instances, the Contractor and CSDF will communicate and mutually determine a reasonable resolution. Consideration must be given to a student's Individual Educational Plan, if one exists, when considering modifying or eliminating transportation services

10. Scheduled Stops:

The Contractor agrees that drivers will stop to load or unload student(s) and/or employee(s) only at stops designated by the contract, or by the CSDF Superintendent for school to home and or activity trips, as outlined in Exhibit E, Transportation Routes.

For routes exceeding one and one half (1.5) hours travel time, the Contractor must plan to make stops (if requested) only at those designated in Exhibit E and stop in order for the passengers to exit the vehicle to use restroom facilities outside of the bus. A bus shall not be put in motion until all passengers are seated, and all passengers must remain seated while the bus is in motion. Standing passengers are not allowed.

CSDF reserves the right to request the Contractor provide student(s) with the opportunity to purchase food at stops designated in Exhibit E Transportation Routes.

Failure to obtain CDE approval of stops is a violation of California VC Section 22112, and will result in assessment of liquidated damages defined in Exhibit A, Article VI, Item 16, and may be cause for contract termination.

11. Eating on Vehicles:

CSDF students and CSDF escorts/aides will be permitted to eat and drink on all vehicles provided by the Contractor. It is understood that the CSDF students and/or CSDF escorts/aides are responsible for proper disposal of trash and/or debris in a receptacle provided by the Contractor.

12. Handling of Infectious Disease:

Contractor will be responsible for carrying and using appropriate supplies to handle infectious disease clean up and disposal.

The Contractor will be aware of and follow all health and safety laws and policies set forth by the federal, state, county, and local governments, as well as policies prescribed by the CDE. This includes all regulations, mandates, executive orders, etc. regarding COVID-19 and guidelines set forth by the Alameda County Public Health Department

(ACPHD).

All vehicles to be used in performance of this contract will kept clean and sanitary.

Vehicles will be swept clean of debris nightly. The vehicles will be wiped down or otherwise disinfected daily, prior to loading of students.