DMV_RFQ_OPS_24-1890_Addendum_1_IBML_Scanner_Maintenance.pdf

STATE OF CALIFORNIA

Department of Motor Vehicles

QUOTE DUE DATE:

October 2114, 2024

Supplier name and address:

Contact:

Phone:

Fax:

Name (Print):

Title:

Signature:

_____________________ Date:

Federal Employer Identification

Number:

Sealed Bid Responses must be delivered by October 2114, 2024 by 10:00 AM on the due date to:

Cathleen Guilday

ASD IT Acquisitions

Department of Motor Vehicles

2415 First Ave, Mail Stop E112

Sacramento, CA 95818

Phone# (916) 818-2821 cguilday@@dmv.ca.gov

DMV RFQ #OPS24-1890

REV. #: 10

DATE: October 101, 2024

IS BIDDER CLAIMING PREFERENCE

AS A SMALL BUSINESS:

YES ________ NO ________

IF YES, MANUFACTURER?

IS BIDDER A NON-SMALL BUSINESS

CLAIMING AT LEAST 25% SMALL

BUSINESS SUBCONTRACTOR

PREFERENCE?

SECTION 14838 ET SEQ. OF THE

CALIFORNIA GOVERNMENT CODE

REQUIRES THAT A 5% PREFERENCE

BE GIVEN TO BIDDERS WHO

QUALIFY AS A SMALL BUSINESS AS

A NON-SMALL BUSINESS

CLAIMING AT LEAST 25%

CALIFORNIA CERTIFIED SMALL

BUSINESS PARTICIPATION FOR

REQUIREMENTS SEE TITLE 2,

CALIFORNIA CODE OF

REGULATIONS SECTION 1896 ET

SEQ. THE REQUIREMENTS FOR

NONPROFIT VETERAN SERVICE

AGENCIES QUALIFYING AS A

SMALL BUSINESS ARE CONTAINED

IN SECTION 999.50 ET SEQ. OF THE

MILITARY AND VETERANS CODE.

Bidder offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. DECLARATIONS UNDER PENALTY OF PERJURY;

By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed as complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct. (3) If a claim is made for the Small Business or Disabled Veterans Business preference, the information set forth within is true and correct.

DESCRIPTION

The purpose of this Request for Quotation #OPS24-1890 is to request purchase of hardware maintenance for IBML ImageTrack IT6 6475 scanners. In submitting a quote, bidders must comply with the instructions found herein. Please read the enclosed document carefully.

The following Sections are incorporated as part of this Request for Quotation:

Section I: General Information

Section II: Evaluation Information

Section III: Statement of Work

Section IV: Attachments

State of California RFQ OPS24-1890 Addendum #1

SECTION I

GENERAL INFORMATION

You are invited to review and respond to this Request for Quotation, entitled OPS24-

1890. In submitting your quote, you must comply with the instructions found herein.

The services required are delineated in the Statement of Work. Please read the enclosed document carefully.

Quotes must be received no later than the date and time specified on the cover of this RFQ and in Section I.C. Key Action Dates.

A) Purpose of this Request for Quotation (RFQ)

The State of California, Department of Motor Vehicles requires the services of a

Contractor to provide hardware maintenance for IBML ImageTrack IT6 6475 scanners.

Period of Performance and Availability

The term of this Agreement will be two (2) years. The contractor shall not be authorized to deliver or commence performance of services as described in this

Statement of Work (SOW) until written approval has been obtained from all entities.

No delivery or performance of service may commence prior to the execution of a written contract.

The selected contractor must be able to meet the requirements of this RFQ and be ready to begin work within ten (10) business days of the contract award date specified in Section I.B. Key Action Dates.

B) Key Action Dates

Listed below are the key action dates and times by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to this RFQ*.

Key Action Dates Date/Time

1. Submission of written questions October 4, 2024

@ 10:00 AM

2. Departments response to written questions October 7, 2024

3. Submission of Quotes October 2114, @ 10:00 AM

4. Issue Intent to Award October 2215,

5. Contract Award December, 2024

*Note: ALL DATES AFTER THE SUBMISSION OF QUOTES DEADLINE (#3 IN THE KEY

ACTION DATES TABLE) ARE APPROXIMATE AND MAY BE CHANGED IF NEEDED TO

ALLOW THE STATE ADDITIONAL TIME FOR EVALUATION AND CONTRACT EXECUTION,

WITHOUT ADDENDUM TO THIS RFQ.

C) Written Questions

All questions regarding the content of this RFQ must be submitted electronically to

Cathleen Guilday, DMV Procurement Analyst, at cguilday@dmv.ca.gov. All questions must be received by the Key Action Date identified above. Questions not submitted in writing by the Key Action Date for submission of written questions (#1 in the Key Action Date matrix above) shall be answered at the State’s option.

When the State has completed its review of the questions, all questions and answers will be posted to the Department of General Services’ eProcurement System at the following website: https://caleprocure.ca.gov/pages/index.aspx.

D) Bidder’s Instructions and Provisions

The following information is incorporated into this RFQ. Please read the documents carefully. By signing Section IV - Attachment 1 – Cover Sheet, bidders agree to the terms and conditions listed below:

Bidder’s Instructions:

http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/dgspd%20451.pdf

General Provisions – Information Technology https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-

Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687E

C62B8BC6BF41BE876E

E) Award of Contract

Award of contract, if made, will be in accordance with the RFQ information on

Evaluation to a responsible bidder whose bid complies with all the requirements of the RFQ documents and an addendum thereto, except for such immaterial defects as may be waived by the State. Award, if made, will be made within forty-five (45) days after the scheduled date for Contract Award as specified in the RFQ; however, a bidder may extend the offer beyond 45 days in the event of a delay of contract award.

The State reserves the right to determine the successful bidder(s) either on the basis of individual items or on the basis of all items included in its RFQ, unless otherwise provided in the State’s RFQ. Unless the bidder specifies otherwise in its bid, the State may accept any item or group of items of any bid. The State reserves the right to modify or cancel in whole or in part it’s RFQ.

Written notification of the State’s intent to award will be made to all bidders. If a bidder can show that its bid should be selected, instead of the bid selected by the

State, the bidder will be allowed five (5) working days to submit a protest to the mailto:cguilday@dmv.ca.gov https://caleprocure.ca.gov/pages/index.aspx http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/dgspd%20451.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E

Intent to Award, according to the instructions contained in the paragraph titled

“Protests” of this RFQ.

F) Protests

Any bidder’s issues regarding solicitation requirements must be resolved (or attempts to resolve them must have been made) before a protest may be submitted according to the procedure below. These issues will first be resolved by the DMV

Procurement Analyst for the solicitation or if they result in a protest, the protest will be submitted to DGS Procurement Division Deputy Director to hear and resolve issues and whose decision will be final.

A bidder may submit a protest if they believe their bid is responsive to all requirements set forth in this RFQ and should have been selected according to the

Evaluation procedures in the Solicitation Section II. The bidder may submit a protest as described below.

All protests of award must be made in writing, signed by an individual authorized to bind the bidder contractually and financially, and contain a statement of the reason(s) for protest; citing the law, rule, regulation, or procedure on which the protest is based. The protester must provide facts and evidence to support the claim. Protests must be mailed or delivered to:

Support Services Unit

Department of General Services

Procurement Division

707 Third Street, Second Floor

West Sacramento, CA 95605

Business Hours: 8:00 am - 5:00 pm

PDProtest@dgs.ca.gov

All protests to the RFQ or protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by the DGS Procurement

Division Deputy Director as promptly as possible, but not later than the date indicated in the Notification of Intent to Award. Certified or registered mail must be used unless delivered in person; in which case the protester should obtain a receipt of delivery.

Protests regarding selection of the “successful vendor” will be heard and resolved by the Government Claims Program whose decision will be final.

G) RFQ Response Guidelines

This RFQ and the Bidder’s quote in response to this document will be made a part of the contract. Responses to this RFQ must contain all data/information requested and must conform to the format described in this RFQ. It is the Bidder’s responsibility to provide all required data and any other information deemed necessary for the mailto:PDProtest@dgs.ca.gov

State’s evaluation team to determine and verify the Bidder’s ability to perform the tasks and activities defined in the Bidder’s Statement of Work.

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the required written information as specified may be grounds for bid rejection.

It is the vendor’s responsibility to ensure responses are received by the due date and time. Postmark dates are not acceptable.

IF PHYSICALLY DROPPING OFF BID: VENDORS SHALL CONTACT DMV PROCUREMENT

ANALYST AND SCHEDULE BID DROP OFF DATE AND TIME.

FACSIMILE MACHINE BIDS & EMAILED BIDS WILL NOT BE ACCEPTED. BIDS MUST BE

SEALED.

H) RFQ Response Content

Acceptable responses to this RFQ must contain one (1) of all data/information requested. Refer to Section IV – Attachments – for more information on the documents required for the RFQ Response Content. To be deemed responsive, the following items must be submitted with your RFQ response:

1) ATTACHMENT 1 – COVER LETTER

Complete and attach the cover letter included in this RFQ as Attachment 1

2) ATTACHMENT 2 – COST DATA SHEET

Bidder must complete the cost data sheet using the format in Attachment 2 –

Cost Sheet. All tasks associated with this contract must be performed on-site at 2415 First Avenue, Sacramento, CA 95818, as determined by the DMV

Contract Manager. Contractor personnel shall perform their duties during

DMV’s regular workdays and normal work hours, except as specifically agreed to otherwise by the DMV Contract Manager. There will be no increase in hourly rates for extended hours or days. Project costs related to items such as travel, per diem and travel time to the designated base of operation for the engagement are costs to be included within the contractor rates. DMV shall not pay for such costs as a separate item.

3) ATTACHMENT 3 – PAYEE DATA RECORD

Bidder must submit a Payee Data Record, Std. 204, listing their Taxpayer

Identification Number as Attachment 3. The Payee Data Record form is available at the following website link:

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

4) ATTACHMENT 4 – CALIFORNIA SELLER’S PERMIT

A copy of each bidder’s (and any affiliate that makes sales for delivery into

California as applicable) current seller’s permit or certification of registration https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf issued by the California State Board of Equalization must be included in the bidder’s response as Attachment 4. This solicitation and any resulting contract shall be subject to all requirements as set forth in Sections 6487, 7101 and

Sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and

Section 10295.1 of the Public Contract Code.

5) ATTACHMENT 5 – BIDDER DECLARATION FORM

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response as Attachment 5, even if no subcontractors are being submitted. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract and a description of the product and/or services the subcontractor will provide in the solicitation. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract.

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

Attachment 5, Bidder Declaration GSPD-05-105, must be completed even if no subcontractors are being submitted. When completing the declaration, Vendors must identify all subcontractors proposed to participate in the contract and a description of the product and/or services the subcontractor will provide in the proposed contract. Vendors awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the DMV agrees to a substitution, and it is incorporated by amendment to the contract. Vendors shall not propose to subcontract 100% of the tasks of Section II, Exhibit A – Statement of Work.

6) ATTACHMENT 6 –– DVBE INCENTIVE

THE CA DVBE REQUIREMENT HAS BEEN WAIVED FOR THIS SOLICITATION, HOWEVER,

THE DVBE INCENTITIVE IS APPLICABLE.

An incentive for DVBE participation is optional. The Std. 843 must be submitted as Attachment 6 of a Bidder’s response if the Bidder is either a certified CA DVBE or subcontracting with a certified CA DVBE. The Std. 843 may be found on the following website:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

The Disabled Veteran Business Enterprise Declarations (STD. 843) form is completed by a California certified DVBE owner and DVBE managers of the

DVBE who will be participating in the awarded purchase document.

a) DVBE INCENTIVE:

In order to earn the California Disabled Veteran Business Enterprise incentive, Bidders must be, or partner with, a California Certified DVBE. All certified DVBE’s must perform a “commercially useful function” in the performance of the contract. For more information regarding the DVBE, please review the

Department of General’s website at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-

Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-

Business-Enterprise

The DVBE incentive is applied during the quote evaluation process and is only applied for responsive quotes from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified below:

Confirmed DVBE Participation of: DVBE Incentive:

5% and Over 5%

4% - 4.99% inclusive 4%

3% - 3.99% inclusive 3%

0.1% - 2.99% inclusive 0%

b) ADDITIONAL INFORMATION:

Certified small businesses and disabled veteran businesses listed as subcontractors must perform a "commercially useful function" in the performance of the contract. The term “commercially useful function” is defined in Government Code Section 14837(d) (4) and in Military and

Veterans Code Section 999(b) (5) (B).

Note: Per Senate Bill 548, if for this agreement contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department:

(1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the

DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code

(M&VC) § 999.5(d)).

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business

Enterprise (DVBE) subcontractor(s) identified in their quote or offer, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the

DVBE subcontractor(s) identified in the quote or offer and approved DVBE substitutions will be documented by contract amendment. Failure of

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

10115.10.

7) ATTACHMENT 7 - DVBE SUBCONTRACTOR AGREEMENT

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

If utilizing a DVBE subcontractor, as indicated in method A1.c or A2.c in the link provided, bidder must submit the signed (by the prime and DVBE subcontractor) agreement from Attachment 6 with bid response.

CA DVBE Program Requirements

SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING

REQUIREMENTS:

a. If for this Contract the Contractor made a commitment to achieve small business participation, then the Department requires the Contractor upon completion of this Contract (or within such other time period as may be specified elsewhere in this Contract) to report the actual percentage of small business participation that was achieved. (Govt. Code § 14841)

b. If for this Contract the Contractor made a commitment to achieve the disabled veteran business enterprise (DVBE) participation goal, then, pursuant to Mil. & Vets. Code § 999.5(d), upon completion of this

Contract, the Department requires the Contractor to certify using the

Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817), all of the following:

1. the total amount the prime Contractor received under the Contract;

2. the name, address, Contract number and certification ID number of the DVBE(s) that participated in the performance of this Contract;

3. the amount and percentage of work the prime Contractor committed to provide to one or more DVBE(s) under the requirements of the Contract and the total payment each DVBE received from the prime Contractor;

4. that all payments under the Contract have been made to the

DVBE(s); and

5. the actual percentage of DVBE participation that was achieved.

Upon request, the prime Contractor shall provide proof of payment for the work.

If for this Contract the Contractor made a commitment to achieve the DVBE participation goal, the Department will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements above. A Contractor that fails to comply with the certification requirement shall, after written notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of written notice, the prime contractor refuses to comply with the certification requirements, the Department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. (Mil. & Vets. Code § 999.7).

A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code §

14841).

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dgs.ca.gov%2F-%2Fmedia%2FDivisions%2FPD%2FOSDS%2FCertification%2FDVBE%2FDVBEIncentiveRequireGoodIT.pdf&data=05%7C02%7CMelissa.Stancell%40dmv.ca.gov%7Ccda71dd2d1cf4da0f2f308dca11945c9%7C9ea0f73ca0d34b208018f0b0793ee9cd%7C0%7C0%7C638562377492559285%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=yi5ELgdfJquPWqJiAAlZkw4KPUwvuwXR67wG99Vc22Y%3D&reserved=0

Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the Mil. & Vets.

Code, including, but not limited to, the requirements of Section 999.5(d). (PCC

Code § 10230).

8) ATTACHMENT 8 – CA SECRETARY OF STATE (SOS)/FICTITIOUS BUSINESS NAME

A copy of each bidder’s current California Secretary of State’s listing or Fictitious

Business Name listing, if applicable, must be included in the bidder’s response as

Attachment 8 at the time bid is due.

At the time the offer is due, a copy of the Vendor’s current California Secretary of State’s listing or Fictitious Business Name listing, if applicable, must be included in the response.

If your company is a Corporation, a Limited Liability Company (LLC), a Limited

Liability Partnership (LLP), or a Limited Partnership (LP), you must be registered with the California Secretary of State (SOS) to be awarded a contract. For Corps, LLCs, and LPs, a screen print from the SOS website showing your status as active will meet this requirement. For LLPs, a copy of your Certificate of Status from the SOS is required. The contact information for the SOS is Online Business Services California

Secretary of State. If your company is a Sole Proprietor or a Partnership, registration with the SOS is not required.

Fictitious business name Companies “doing business as” (dba) a different name than as registered with the California Secretary of State, must include a valid

Fictitious Business Name Statement with their offer. This statement is filed with the

California County in which your firm conducts business and is valid for five years from the date it was filed in the office of the County Clerk. When a company has no place of business in California, they shall file with the County Clerk of

Sacramento County at https://actonline.saccounty.net/CitizenAccess/SACCO_FBNSearch.aspx

9) ATTACHMENT 9 – SMALL BUSINESS AND NON-SMALL BUSINESS PREFERENCE

(SUBMIT ONLY IF BIDDER IS CLAIMING PREFERENCE)

(a) REGULATIONS

The Small Business regulations, located in the California Code of Regulations

(Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. The new regulations can be viewed at (https://www.dgs.ca.gov/PD/Resources/Page-

Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-

Regulations-for-SB-DVBE Access the regulations by Clicking on “Small Business

Regulations” in the right sidebar. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and

DVBE Services at (916) 375-4940.

https://bizfileonline.sos.ca.gov/ https://bizfileonline.sos.ca.gov/ https://actonline.saccounty.net/CitizenAccess/SACCO_FBNSearch.aspx https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE

(b) SMALL BUSINESS CERTIFICATION

Bidders claiming the 5% small business preference must be certified by

California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses.

Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted.

Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due.

Questions regarding certification should be directed to the OSDS at (916) 375-

4940.

(c) NON-SMALL BUSINESS SUBCONTACTOR PREFERENCE

A 5% bid preference is now available to a non-small business claiming 25%

California certified small business subcontractor participation. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation. If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which the bidder commits to subcontract in an amount of at least twenty-give percent

(25%) of the net bid price. All certified small businesses must perform a

“commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

(d) SMALL BUSINESS NONPROFIT VETERAN SERVICE AGENCIES (SB/NVSA)

SB/NVSA prime bidders meeting requirements specified in the Military and

Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation. All certified small businesses must perform a

“commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

10) ATTACHMENT 10 – COMMERCIALLY USEFUL FUNCTION FOR SMALL BUSINESS

AND/OR DVBE SUBCONTRACTORS

Bidder must provide a written explanation delineating what Commercially

Useful Function each certified small business or certified disabled veteran business will provide for this RFQ. In addition, please answer the questions on

Attachment 10 for each certified small business and/or certified DVBE subcontractor listed on the bid response.

11) ATTACHMENT 11 –TACPA (SUBMIT ONLY IF BIDDER IS CLAIMING PREFERENCE)

If bidders qualify for more than one bidding preference (TACPA, Small

Business), the maximum preference allowed by law is 15% or $100,000.

If any of these “acts” apply complete the appropriate form and attach it to the response.

(e) TARGET AREA CONTRACT PREFERENCES ACT (TACPA)

Preference will be granted to California-based Contractors in accordance with Government Code Section 4530 whenever contract for goods and services are in excess of $100,000 and the Contractor meets certain requirements as defined in the California Code (Title 2, Section

1896.30) regarding labor needed to produce the goods or provide the services being procured. Bidders desiring to claim Target Area Contract

Preferences Act shall complete Std. Form 830 and Std. 525 Form and submit both forms with the bid response.

12) ATTACHMENT 12 – PUBLIC CONTRACT CODE 2010 CERTIFICATION

Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair

Employment and Housing Act (Section 12960 of the Government Code);

and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United

States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government

Code).

Refer to Section IV of this solicitation for the PCC 2010 certification which must be submitted as Attachment 12.

13) ATTACHMENT 13 – FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

REQUIREMENT

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the Department of Transportation Federal Motor Carrier

Safety Administration Non-Discrimination Assurances located at:

https://www.dmv.ca.gov/portal/file/fmcsa-appendix-a-and-e-pdf/

The CA DMV, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to https://www.dmv.ca.gov/portal/file/fmcsa-appendix-a-and-e-pdf/ submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, age, disability, income-level, or LEP in consideration for an award.

14) ATTACHMENT 14 – GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

AND FACT SHEET

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies. Bidder/Offeror/Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI including, GenAI from third parties or subcontractors. The State has developed a

GenAI Reporting and Factsheet (STD 1000) to be completed by the

Bidder/Offeror/Contractor. Failure to submit the GenAI Reporting and Factsheet

(STD 1000) will result in disqualification of the Bidder/Offeror/Contractor. Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief to which it may be entitled to as a result of such nondisclosure. Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI

Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State."

Failure to disclose GenAI to the State and submit the GenAI Disclosure &

Factsheet (STD. 1000) will result in disqualification of the Bidder and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

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

15) ATTACHMENT 15- EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS:

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the Economic Sanctions Against Russia.

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.

Section II

EVALUATION INFORMATION/RESPONSE CHECKLIST

Each RFQ #OPS24-1890 response will be checked for the presence of required information in conformance with the submission requirements of this RFQ. The department will evaluate each RFQ #OPS24-1890 bid response to determine its responsiveness to the requirements.

Only bids quoted on the State’s own quotation forms will be considered. Bids

MUST be submitted in a SEALED envelope/package with the solicitation number and the bid due date and time clearly marked on the outside of the envelope/package, faxed orders will not be accepted.

The bid response must be completely sealed. One (1) printed copy must be submitted by the time and date identified in Section I.C: Key Action Dates. Mail or deliver bid responses to the DMV Procurement Analyst listed on Page 1 of this

RFQ. Bids received after the bid submission date and time will not be considered.

1. Administrative Requirements Evaluation Criteria (Pass/Fail)

Administrative Requirements Attachment has been submitted & is complete

Attachment has not been submitted or is not complete

Is Bidder claiming

Preference*?

(yes or no)

Attachment 1 – Cover Letter (Required)

Attachment 2 – Cost Data Sheet (Required)

Attachment 3 – Payee Data Record

• Std 204 Payee Data Record (Required)

Attachment 4 – Seller’s Permit

Attachment 5 – Bidder Declaration Form

(GSPD-05-105) Bidder Declaration (Required)

Attachment 6-- DVBE Incentive (provide only if bidder claiming incentive)

• DGS PD 843- Disabled Veteran Business Enterprise Declarations

Attachment 7 – DVBE Subcontractor Agreement

• Signed Bidder/DVBE Subcontractor Agreement per

DVBE Method A1.c and A2.c

Attachment 8 – CA Secretary of State Verification

Attachment 9 – Small Business and Non-Small Business

Preference* (submit only if bidder is claiming preference)

• If bidder is subcontracting with a certified CA small

Business to obtain the 5% credit, bidder must provide a description of the sub’s commercially useful function

(refer to Attachment 10)

Attachment 10 – Commercially Useful Function (submit only if

Bidder is including a certified small business and/or DVBE

As part of bid response)

Attachment 11 – TACPA

(submit only if bidder is claiming preference)

• Std. 830 TACPA

• DGS/PD 526 Bidder’s Summary

DGS/PD 525 Manufacturer’s Summary

Attachment 12 – Public Contract Code 2010 Certification

(required)

Attachment 13- Federal Motor Carrier Safety Administration

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the Department of

Transportation Federal Motor Carrier Safety Administration Non-

Discrimination Assurances located at:

https://www.dmv.ca.gov/portal/file/fmcsa-appendix-a-and-e-pdf/

Attachment 14 – GenAI Disclosure Fact Sheet (STD.1000)

Attachment 15-Russia Sanctions

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the Russia Sanctions

2. Award

The award will be made to the lowest cost after meeting all administrative requirements. Refer to Section I.F regarding Award of Contract Language.

SECTION III STATEMENT OF WORK

EXHIBIT A – STATEMENT OF WORK

A. CONTRACT DESCRIPTION AND SCOPE

The California Department of Motor Vehicles (DMV) has four (4) IBML ImageTrac IT6 6475 scanners (Serial Numbers: 63845, 78371, 70840, and 92415), The four

(4) scanners are utilized during two work shifts, five days per week. The DMV requires hardware maintenance and support for a period of two (2) years.

B. CONTRACTOR SKILLS/EXPERIENCE

All hardware maintenance services must be performed by a factory certified field engineer with at least one (1) year of experience working on IBML ImageTrac scanners. The field engineer must have the appropriate tools and equipment in order to provide preventive and remedial maintenance on the IBML scanners at the time the service is performed. The Contractor shall provide proof of experience and/or certification when requested by the DMV throughout the term of this Agreement. The Contractor shall be responsible for ensuring that each field engineer utilized during the term of this Agreement has the appropriate certification, experience, tools and equipment necessary to perform the required services.

C. CONTRACT TERM

The contract term shall be for a period not to exceed 2 years. The term of the contract shall be December 1, 2024 – November 30, 2026.

It is understood that no funds sufficient for the purpose of this order have been appropriated until such time as the budget for each fiscal year covered by the agreement has been adopted by the Legislature and signed by the Governor.

D. CONTRACTOR RESPONSIBILITIES

The Contractor will provide preventative and remedial maintenance services as follows:

1. Monthly preventative maintenance will be performed by the Contractor on each of the four (4) scanners once a month.

2. Remedial maintenance will be performed by the Contractor on an unscheduled basis arising from equipment malfunction or failure.

3. Scanner service hours are 6:00 a.m. to 6:00 p.m. Pacific Standard Time (PST).

Response time shall not exceed two or three hours (defined below), unless approved in writing by the DMV’s representative. Response time is the time interval between a call requesting remedial maintenance (trouble call) placed by the DMV’s representative to the Contractor and the physical arrival time of maintenance service personnel to the DMV’s site. Response time for service calls shall not exceed:

Two hours for critical service requests. A critical service request involves failure or degraded operation of a hardware or software component that prevents or seriously impedes DMV in performing work (there is no viable or sufficient workaround, redundancy, or backup capability that permits unimpeded operation).

Three hours for non-critical service requests. A non-critical service request involves failure or degraded operation of a hardware or software component where there is a viable workaround, redundancy, or backup capability that permits continued, satisfactory operation.

4. The Contractor Official to whom all communications relative to these services be addressed is:

Name:

Phone:

E-Mail:

5. Ensure no delays in service due to Contractor personnel changes.

6. Provide escalation process for issue resolution.

7. Ensure scanners are operational at least 98% during production hours, which consist of two shifts between the hours of 6:00 a.m. to 6:00 p.m. This requirement does not include those hours that the system is unavailable for productive use due to: (1). scheduled preventive maintenance; or (2). periods of outage agreed to by the DMV’s authorized representative.

8. The factory certified field engineer providing the service must be locally based (within a 25-mile radius of 2415 1st Avenue, Sacramento, California 95818).

9. Ensure same business day or next business day replacement of all parts for the four (4) ImageTrac IT6 6475 scanners. Only those parts that are necessary to ensure proper functioning of the equipment will be furnished by the Contractor at no additional cost to DMV.

10. Notify the DMV Unit Manager when on-site and when service is complete.

11. Achieve completion of remedial services within 24 hours from the time the service call was placed by the DMV’s representative. Currently, DMV does not have a backup system; therefore, if repairs cannot be completed within 24 hours, the Contractor will be required to submit to DMV’s Contract Manager a written projection of the estimated down time and propose alternative solution(s) should the down time exceed 24 hours.

12. Provide the DMV Contract Manager a monthly report of all service calls, via email and hard copy, that includes the following:

a. Calls categorized by scanner identification number

b. Description of problem

c. Time call received, and time problem resolved

d. Equipment down time.

e. Parts replaced (if applicable)

13. Upon completion of the term of this Agreement, the Contractor shall provide the DMV Contract Manager a 24-month trend analysis, via email and hard copy that includes the following:

a. Number of service calls per month

b. Amount of time to resolve each call

c. Frequency of each part replaced

14. The Contractor’s staff listed in this contract shall undergo and clear a background check prior to that individual commencing any work under this contract if they are working on the DMV’s physical site or have access to sensitive or personal data (including Personally Identifiable Information

(PII)). The background check shall be processed by an authorized

Department of Justice (DOJ) Live Scan site. Failure of staff to pass the background check will ban that individual from commencing any work under this contract and the Contractor shall propose a replacement staff person within five (5) business days. The DMV will provide authorized DOJ

Live Scan services at DMV Headquarters in Sacramento, CA, at no additional cost to the Contractor’s staff until the DMV discontinues the service to all Contractors. At that point, the Contractor is responsible for any costs incurred to complete the required background check. In any case, if the Contractor staff listed in this contract use the DOJ Live Scan at other locations, the Contractor is responsible for any costs incurred to complete the required background check. NOTE: The DOJ background check is only available for staff located in the United States; therefore, staff located outside of the United States shall not have access to sensitive or personal data.

14.15. The Contractor shall ensure employee compliance with all sexual harassment training requirements under California law (Government Code section 12950.1). In the event that the Contractor has less than five employees in California, the Contractor shall ensure that its employees have sexual harassment training commensurate with the requirements under California law.Contractor will comply with the Department of Transportation Federal Motor Carrier Safety Administration Non-Discrimination Assurances located at:

https://www.dmv.ca.gov/portal/file/fmcsa-appendix-a-and-e-pdf/

15.16. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION

REPORTING REQUIREMENTS:

If for this Contract the Contractor made a commitment to achieve small business participation, then the Department requires the Contractor upon completion of this Contract (or within such other time period as may be specified elsewhere in this Contract) to report the actual percentage of small business participation that was achieved. (Govt. Code § 14841)

If for this Contract the Contractor made a commitment to achieve the disabled veteran business enterprise (DVBE) participation goal, then, pursuant to Mil.

& Vets. Code § 999.5(d), upon completion of this Contract, the Department requires the Contractor to certify using the Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817), all of the following:

the total amount the prime Contractor received under the Contract;

the name, address, Contract number and certification ID number of the DVBE(s) that participated in the performance of this Contract;

the amount and percentage of work the prime Contractor committed to provide to one or more DVBE(s) under the requirements of the Contract and the total payment each DVBE received from the prime Contractor;

that all payments under the Contract have been made to the DVBE(s); and the actual percentage of DVBE participation that was achieved. Upon request, the prime Contractor shall provide proof of payment for the work.

If for this Contract the Contractor made a commitment to achieve the DVBE participation goal, the Department will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements above. The Contractor must e-mail the Std. 817 to dmvasdsbdvbeadvocate@dmv.ca.gov.

A Contractor that fails to comply with the certification requirement shall, after written notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of written notice, the prime contractor refuses to comply with the certification requirements, the Department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. (Mil. & Vets.

Code § 999.7).

A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841).

Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the Mil.

& Vets. Code, including, but not limited to, the requirements of Section 999.5(d). (PCC Code § 10230).

16.17. Contractor must comply with Executive Order N-6-22, Economic Sanctions Against Russia. The Executive Order is available at the following website: https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia- Ukraine-Executive-Order.pdf.

1. 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, https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

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.

17.18. The Contractor shall provide to the DMV Contract Manager a copy of the insurances listed below within 10 calendar days after contract award. The State requires that the Certificate Holder on the Certificate of Insurance include the DMV’s address as: Department of Motor Vehicles, 2415 1st Avenue, Sacramento, CA 95818, and the DMV Contract Number TCXX-XXX.

A. General Provisions Applying To All Insurance Policies

1. Coverage Term:

Coverage needs to be in force for the entire term of this Contract. If insurance expires during the term of this Contract, a new certificate of Insurance must be received by the DMV at least ten (10) DMV business days prior to the expiration of the insurance. Any new insurance must comply with the original terms of this Contract.

2. Policy Cancellation of Termination and Notice of Non-Renewal:

The Contractor shall provide to the DMV, within five (5) DMV business days following receipt by the Contractor, a copy of any cancellation or non-renewal of insurance required under this Contract. In the event the Contractor fails to keep the required insurance coverage in effect at all times, the DMV may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event.

3. Deductible

The Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

4. Primary Clause

Any required insurance specified under this Contract shall be primary, and not excess or contributory to any other insurance carried by the DMV.

5. Insurance Carrier Required Rating

All insurance companies must carry a rating acceptable to the Department of General Services (DGS), Office of Risk and Insurance Management (ORIM). Per DGS ORIM, an acceptable rating is “A” or better, and financial size category of “VII” or better to the latest edition of the A.M.

Best Key Rating Guide. If the Contractor is self-insured for a portion or all of its insurance, a review of the Contractor’s financial information, including a letter of credit, may be required.

6. Endorsements

Any required endorsement must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

7. Inadequate Insurance

Inadequate insurance or lack of insurance does not negate the Contractor’s obligations under this Contract.

B. Commercial General Liability

1. Throughout the term of this Contract, the Contractor shall provide the DMV with a valid certificate of insurance stating that there is commercial general liability insurance presently in effect for the Contractor with limits of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises operations, independent contractors, products/completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability.

2. The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to DGS, ORIM:

The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the…