Draft_IFB_15-2030075.pdf

STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor

CALIFORNIA DEPARTMENT OF TECHNOLOGY Carlos Ramos P.O. Box 1810 Director Rancho Cordova, CA 95741-1810

(916) 319-9223

January 15, 2016

TO: ALL INTERESTED RESPONDENTS

RE: VETTING OF DRAFT IFB FOR CLOUD ASSESSMENT, PLANNING, AND IMPLEMENTATION

SERVICES FOR THE STATE OF CALIFORNIA

The California Department of Technology will soon release a solicitation for bids from qualified firms to provide Cloud Assessment, Planning, and Implementation Services. In preparation for the release of the solicitation, the State is requesting comments on the attached draft IFB. The information gathered as a result of the comments will allow the State to further develop and refine its requirements as necessary for the solicitation.

In reference to the draft IFB, please provide comments to the following in the format attached:

1. Whether the draft IFB is meaningful, clear , consistent, and free of omissions and errors.

2. Whether requirements are restrictive or will result in unnecessary costs to the State.

3. Whether the State is incorporating industry best practices and following industry trends for

Cloud Assessment, Planning, and Implementation Services.

4. Identify any potential procurement issues that the State should be aware of.

5. Identify any additional classifications that should be incorporated with a description of duties, educational requirements, and years of experience. For additional details, please see existing classifications in SOW.

Disclaimer

Although providing comments is important and strongly encouraged, the State makes no commitment to change the technical requirements based on the comments received. This draft IFB is being issued for informational and planning purposes only and do not constitute a solicitation. A response to the draft IFB is not an offer and cannot be accepted by the State to form a binding contract. Respondents are solely responsible for all expenses associated in responding to this vetting document.

Please note: Any information submitted through this process is subject to the Public Records Act (GC section 6250 et seq.) and applicable exemptions thereto. If material is marked "confidential" or "trade secret" pursuant to the Public Records Act, the State will make an independent assessment whether it is exempt from disclosure. If the State disagrees with the respondent, the State will notify the respondent and give them a reasonable opportunity to justify their position or obtain a court order protecting the material from disclosure.

mailto:theresa.jones@state.ca.gov

Invitation for Bid (IFB) for

California Department of Technology

Cloud Assessment, Planning, and Implementation Services

DRAFT IFB#15-2030075

Issued By:

STATE OF CALIFORNIA

California Department of Technology 10860 Gold Center Dr., Ste. 200

Rancho Cordova, CA 95670

Disclaimer: The original PDF version and any subsequent addendums of the solicitation released by the Procurement Official of this bid remain the official version. In the event of any inconsistency between the Bidder’s versions, articles, attachments, specifications or provisions which constitute the Contract, the official State version of the solicitation in its entirety shall take precedence.

CALIFORNIA DEPARTMENT OF TECHNOLOGY DFAFT IFB #15-2030075

CLOUD ASSESSMENT, PLANNING AND IMPLEMENTATION SERVICES

PAGE INTENTIONALLY LEFT BLANK

TOC-1

TABLE OF CONTENTS

1 INTRODUCTION AND OVERVIEW SECTION

1.1 PURPOSE OF THIS INVITATION FOR BID

1.2 BACKGROUND

1.3 TERM OF CONTRACT

1.4 SCOPE OF THE SOLICITATION AND BIDDER ADMONISHMENT

1.5 AVAILABILITY

1.6 PROCUREMENT OFFICIAL AND CONTACT INFORMATION

1.7 KEY ACTION DATES

1.8 AMERICANS WITH DISABILITIES ACT (ADA)

1.9 ATTACHMENTS

2 RULES GOVERNING COMPETITION SECTION

2.1 IDENTIFICATION AND CLASSIFICATION OF SOLICITATION DOCUMENT

REQUIREMENTS

2.1.1 Requirements

2.1.2 Desirable Items

2.2 BIDDING REQUIREMENTS AND CONDITIONS

2.2.1 General

2.2.2 Solicitation Document

2.2.3 Examination of the Work

2.2.4 Questions Regarding the Solicitation Document

2.2.5 Bidders Conference (Applicable)

2.2.6 Intent to Bid (M)

2.2.7 Addenda

2.2.8 Plastic Trash Bag Certification Violations

2.2.9 Bonds

2.2.10 Discounts

2.2.11 Joint Bids (Not Applicable)

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2.2.12 Air or Water Pollution Violations

2.2.13 Fair Employment and Housing Commission Regulations

2.2.14 Exclusion for Conflict of Interest

2.2.15 Seller’s Permit

2.2.16 Disclosure of Financial Interests

2.2.17 Unfair Practices Act and Other Laws

2.3 BIDDING STEPS

2.3.1 General

2.3.2 Compliance Phase (Not Applicable)

2.3.3 Evaluation of Draft Bids and Discussion Agenda (Not Applicable)

2.3.4 Confidential Discussion with Each Bidder (Not Applicable)

2.3.5 Revised Draft Bid (Not Applicable)

2.3.6 Rejection of Bidder’s Draft Bid (Not Applicable)

2.3.7 Final Phase

2.3.8 Confidentiality

2.3.9 Disposition of bids

2.4 SUBMISSION OF BIDS

2.4.1 Preparation

2.4.2 Bidders Cost

2.4.3 Completion of Bids

2.4.4 False or Misleading Statements

2.4.5 Signature of Bid

2.4.6 Delivery of Bids

2.4.7 Withdrawal and Resubmission/Modification of Bids

2.5 EVALUATION AND SELECTION PROCESS

2.5.1 General

2.5.2 Evaluation Questions

2.5.3 Rejection of Bids

2.5.4 Errors in Final Bid

2.5.5 Demonstration (Non Applicable)

2.6 AWARD OF CONTRACT

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2.6.1 Debriefing

2.7 PROTESTS

2.7.1 Requirements Protests

2.7.2 Award Protest (Applicable)

2.7.3 Alternative Protest Process (Not Applicable)

2.7.4 Notice of Intent to Award

2.8 NEGOTIATIONS

2.9 CONTACTS FOR INFORMATION

3 CURRENT SERVICES SECTION

4 PROPOSED SERVICES SECTION

5 ADMINISTRATIVE REQUIREMENTS SECTION

5.1 BIDDER ADMINISTRATIVE RESPONSE DOCUMENTS

5.1.1 Cover Letter (M)

5.1.2 Confidentiality Statement (M)

5.1.3 Workers Compensation (M)

5.1.4 Certification to Do Buisness in the State of California (M)

5.1.5 Payee Data Record (M)

5.1.6 Iran Contracting Act of 2010 (M)

5.1.7 Darfur Contracting Act of 2008 (M)

5.1.8 Prohibition of Tax Delinquents from Contracting (M)

5.1.9 Subcontractors

5.1.10 Bidder Declaration Form (M)

5.1.11 Commercially Useful Function (M)

5.2 BIDDING PREFERENCE PROGRAMS

5.2.1 Disabled Veteran Business Enterprise (DVBE) Program

5.2.1.2 DVBE Participation Incentive (O)

5.2.2 Small Business Preference (O)

5.2.3 Non-Small Business Preference (O)

5.2.4 Target Area Contract Preference Act (TACPA) (O)

5.3 STD 213 IT, STANDARD AGREEMENT (M)

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5.4 STATEMENT OF WORK AND OTHER CONTRACT EXHIBITS (M)

5.5 CONTRACT TERMS AND CONDITIONS (M)

5.6 BIDDER RESPONSIBILITY

5.6.1 Ability to Perform (M)

5.6.2 Primary Bidder (M)

5.6.3 Commercial General Liability Insurance (M)

5.7 OTHER ADMINISTRATIVE TERMS AND CONDITIONS

5.7.1 Amendment

5.7.2 Availability

5.7.3 Bid Rejection

5.8 ATTACHMENTS:

6 TECHNICAL REQUIREMENTS SECTION

6.1 INTRODUCTION

6.2 TECHNICAL REQUIREMENTS

6.2.1 Bidder References (MS)

6.2.2 Bidder Qualifications (MS)

6.2.3 Desirable Qualifications (OS)

6.3 ATTACHMENTS:

7 COST SECTION

7.1 INTRODUCTION

7.2 COST WORKSHEET

7.3 COST WORKSHEET INSTRUCTIONS

7.3.1 Hourly Rates for Staff Classification

7.4 ATTACHMENTS

8 BID AND BID FORMAT SECTION

8.1 BID FORMAT

8.2 DATE, TIME, AND ADDRESS OF SUBMITTALS

8.3 PACKAGING AND LABELING

8.4 FORMATTING

8.5 FINAL BID FORMAT DETAIL

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8.5.1 Volume 1

8.5.2 Volume 2

8.5.3 Volume 3

8.5.4 Volume 4

9 EVALUATION SECTION

9.1 INTRODUCTION

9.2 EVALUATION TEAM

9.3 EVALUATION AND SCORING OF BIDS

9.3.1 Receipt

9.3.2 Preliminary Review and Validation

9.3.3 Preference and Incentive Programs

9.4 ADMINISTRATIVE REQUIREMENTS EVALUATION (M)

9.5 TECHNICAL REQUIREMENTS EVALUATION

9.5.1 Bidder References (MS)

9.5.2 Bidder Reference Checks

9.5.3 Bidder Qualification Form (OS)

9.6 COST EVALUATION

9.6.1 Cost Opening and Assessment (Maximum Score = 125 points)

9.6.2 Determination of Overall Final Scores

9.6.3 Calculating the Bidder Bid Score

9.7 EVALUATING SMALL BUSINESS PREFERENCE CLAIM

9.7.1 Applying DVBE Incentives

9.7.2 Calculating the Final Score

9.7.3 Selecting the Proposed Awardee

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1 INTRODUCTION AND OVERVIEW SECTION

1.1 PURPOSE OF THIS INVITATION FOR BID

The purpose of this Invitation for Bid (herein referred to as solicitation of IFB) is to establish up to six (6) contracts to qualified Bidders to provide services to the California Department of Technology (CDT) “Customers1” requesting assessments of the viability of moving their Information Technology (IT) portfolio and/or system(s) into Cloud technologies hosted at CDT.

The Assessment shall recommend only those IT systems suitable for migration to CalCloud IaaS services. The migration implementation phase will be limited to utilization of CalCloud IaaS services.

Upon contract execution and at the request for assessment, planning and/or implementation services, the Contractor will be given the opportunity to review and respond to a Work Authorization (WA) which includes the Customer’s request, Statement of Work (SOW) and necessary system(s) documentation. Contractors may respond to the WA with a quote which must include a proposed schedule, plans and associated costs for the deliverables being requested. Quotation evaluation is based on skills, experience, timeframes and costs that best fit customer needs. The selected Contractor will be issued an approved WA from CDT to initiate the work.

A Contractor assessment of the Customer’s IT portfolio or specified IT system must provide the State with sufficient information to determine the systems and/or sub-systems that will benefit from CalCloud IaaS. The desired outcome of each WA is increased utilization of CalCloud IaaS services to enable cost savings and resiliency of cloud technologies.

Assessments will focus on the Customer’s information IT portfolio (technical infrastructure including, systems, applications, functionality, tools and utilities). Implementation services may only be used to migrate systems to CalCloud IaaS services at CDT. The resulting contracts from this IFB will not provide migration assistance to Vendor Hosted Subscription Services (VHSS), other hosting providers, or other CDT application hosting services as these IT services are out of scope for this IFB.

For this IFB, the Contractors will be evaluated in accordance with the methodology defined in Section 9, EVALUATION and awarded to the bidders with the highest points as calculated.

Evaluation is based primarily on the Contractors qualification and experience.

1.2 BACKGROUND

California State Agencies are responsible for managing their IT systems and applications, and have traditionally had a number of options for hosting the applications either on infrastructure at their own locations, or at an authorized data center.

1 City, county, state government entities, tribal communities and educational institutions throughout the State

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In 2010, AB 24082 and amendments to Government Code (GC) 11545-5483, required State Agencies to assess their system portfolios and infrastructures for the purpose of consolidation, through migration to shared solutions, consolidation of systems where possible, and moving systems to infrastructures hosted at an approved State Data Center.

To support State Agencies who have yet to implement mandated consolidations, CDT crafted this procurement for vendor assistance to comply with GC 11545-548 and the revised SAM Section 49834. Subsequent to AB 2408, CDT issued TL 14-04 in August 2014 that established a Cloud First Policy further promoting consolidation and shared services with the intent of reducing the overall cost of State IT.

CDT provides secure Data Center facilities, with a variety of hosting options5 that enable State Agencies to comply with these mandates. The preferred hosting option for State Agencies is CalCloud – IaaS6, which provides Customers with an Infrastructure-as-a-Service (IaaS), private cloud space located at the CDT data centers. Using a self-service portal, CalCloud - IaaS Customers have on-demand access to a shared pool of computing resources that can be rapidly provisioned and released as virtual servers on a pay-as-you-go basis. CalCloud IaaS supports Microsoft Windows Servers, Red Hat Enterprise Linux and AIX running in a virtual environment.

Current versions are noted in the CDT Service Catalog7

As with all CDT hosting options, the Customer is responsible for support of their application, system functionality, and data. However, for systems hosted in CalCloud IaaS CDT can provide a range of infrastructure, database, and software support that can be purchased to meet the needs of customer staff skill sets, as well as desired roles and responsibilities.

1.3 TERM OF CONTRACT

Effective upon approval through February 26, 2019, with options to extend for two (2) additional 12 month term(s) executed at the State’s sole option, in accordance with the CalCloud Contract #13-9171.

2 AB 2408: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2401-2450/ab_2408_bill_20100928_chaptered.pdf 3 GC 11545-548: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11545.&lawCode=GOV 4 SAM 4983: http://www.documents.dgs.ca.gov/sam/SamPrint/new/sam_master/rev427sept14/chap4900/4983.1.pdf 5 CDT Service Catalog: http://www.servicecatalog.dts.ca.gov/services/overview.html 6 http://www.servicecatalog.dts.ca.gov/services/cloud/calcloud/iaas/iaasoverview.html 7 IaaS OS versions: http://www.servicecatalog.dts.ca.gov/services/cloud/calcloud/iaas/specifications.html#os http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2401-2450/ab_2408_bill_20100928_chaptered.pdf http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11545.&lawCode=GOV http://www.documents.dgs.ca.gov/sam/SamPrint/new/sam_master/rev427sept14/chap4900/4983.1.pdf http://www.documents.dgs.ca.gov/sam/SamPrint/new/sam_master/rev427sept14/chap4900/4983.1.pdf http://www.cio.ca.gov/Government/IT_Policy/pdf/TechnologyLetters/TL-14-04-Cloud-Computing-Policy.pdf http://www.servicecatalog.dts.ca.gov/services/overview.html http://www.servicecatalog.dts.ca.gov/services/cloud/calcloud/iaas/iaasoverview.html http://www.servicecatalog.dts.ca.gov/services/cloud/calcloud/iaas/specifications.html#os http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2401-2450/ab_2408_bill_20100928_chaptered.pdf http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11545.&lawCode=GOV http://www.documents.dgs.ca.gov/sam/SamPrint/new/sam_master/rev427sept14/chap4900/4983.1.pdf http://www.servicecatalog.dts.ca.gov/services/overview.html http://www.servicecatalog.dts.ca.gov/services/cloud/calcloud/iaas/iaasoverview.html http://www.servicecatalog.dts.ca.gov/services/cloud/calcloud/iaas/specifications.html#os

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1.4 SCOPE OF THE SOLICITATION AND BIDDER ADMONISHMENT

This solicitation is being conducted under the policies and procedures developed by the CDT/Department of General Services, as provided under Public Contract Code Section 12102 et seq. This solicitation contains the instructions governing the requirements for a firm-fixed price to be submitted by interested Bidders. The format that bid information is to be submitted and the material to be included therein follows. This solicitation also addresses the requirements that Bidders must meet to be eligible for consideration, as well as addressing Bidders’ responsibilities before and after award.

If the Bidder expects to be afforded the benefits of the steps included in this solicitation, the Bidder must take the responsibility to:

• Carefully read the entire solicitation.

• Ask appropriate questions in a timely manner, if clarification is necessary.

• Submit all required responses, complete to the best of the Bidder’s ability, by the required dates and times.

• Make sure that all procedures and requirements of the solicitation are accurately followed and appropriately addressed.

• Carefully re-read the entire solicitation before submitting a Final Bid.

1.5 AVAILABILITY

The selected Contractor must meet the requirements of this solicitation and be available to start work on or before the Contract Execution date specified in Section 1.7, KEY ACTION DATES.

1.6 PROCUREMENT OFFICIAL AND CONTACT INFORMATION

Bidders are directed to communicate with the Procurement Official at the address below to submit questions, deliver Bids, and submit all other formal correspondence regarding this procurement.

Theresa Jones, Procurement Official Email: theresa.jones@state.ca.gov Phone: (916) 431-4085

Table 1-1: Procurement Official and Contact Information

Hand Delivered Bid United States Postal Service (USPS)

Department of Technology Acquisition & IT Program Management Branch Attn: Theresa Jones, Procurement Official 10860 Gold Center Drive, Suite 200 – Security Desk Rancho Cordova, CA 95670

Department of Technology Acquisition & IT Program Management Branch Attn: Theresa Jones, Procurement Official Mail Stop Y-18 P.O. Box 1810 Rancho Cordova, CA 95741-1810

Parcel Post (FedEx, UPS, etc.)

Department of Technology mailto:theresa.jones@state.ca.gov

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Acquisition & IT Program Management Branch Attn: Theresa Jones, Procurement Official

10860 Gold Center Drive, Suite 105 (Mailroom) Rancho Cordova, CA 95670

1.7 KEY ACTION DATES

Listed below are the important actions and 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 solicitation.

Table 1-2: Key Action Dates

Key Action Dates

Item Action Date and Time

1. Release of Solicitation TBD

2. Mandatory Bidder’s Conference3 TBD

3. Last day to submit written questions and request changes to requirements

TBD

4. State’s response to submitted Bidder questions and/or Bidder request to change the requirements of the solicitation

TBD

5. Last day to submit Intent to Bid (Attachment 1) and signed Confidentiality Statement (Attachment 4)

TBD

6. Last day to submit Final Bids1 TBD

7. Evaluation Period TBD

8. Public Cost Opening TBD

9. Notification of Intent to Award TBD

10. Last day to protest selection2 TBD

11. Contract Award and Execution TBD

1 All dates after submission of Final Bids are approximate and may be adjusted as conditions indicate without addendum to this solicitation.

2 See Subsection 2.7, PROTESTS.

3. MANDATORY BID CONFERENCE

A mandatory bid conference is scheduled on DATE, 2016, at TIME AM/PM. The Mandatory Bid Conference will be at LOCATION. The purpose of the Bid Conference is to discuss areas of responsibility and discuss any questions and/or concerns that bidders may have regarding this IFB.

On the day of the Bid Conference, please arrive at least 15 minutes prior to the scheduled start time to allow sufficient time for processing through Security. The BUILDING is a secured facility, requiring pre-authorization and a picture ID to gain access to the building. All bidders

1-5 planning to attend this conference must contact the Department Official listed in Table 1-1, no later than one (1) day prior to the scheduled date and time of the Bid Conference and provide your name, the name of the represented company, and contact number. The Bid Conference will begin promptly at TIME a.m/P.M. Bidders arriving after TIME a.m/p.m. will not be permitted to attend the Bid Conference and, therefore, will not be permitted to submit a bid. No bidder will be allowed to attend the Bid Conference if they did not contact the Department Official as instructed.

In the event a potential prime Bidder is unable to attend the bid conference, an authorized representative may attend on their behalf. The representative may only sign-in for one company. Subcontractors may not represent a potential prime Bidder at a bid conference. No bid will be accepted unless the bidder or his authorized representative attended the mandatory bid conference .

For Bidders who need assistance due to a physical impairment, a reasonable accommodation will be provided by the awarding agency upon request for the bid conference. The Bidder must call Theresa Jones at (916) 431-4085 no later than the fifth working day (DATE, 2016) prior to the scheduled date and time of the bid conference to arrange for a reasonable accommodation.

If questions are asked at the conference, Bidders will be asked to submit the question(s) in writing to the Procurement Official via BidSync/FI$Cal. Answers to these questions will be published in a Question and Answer set. Oral responses shall not be binding on the State. A transcript of the Bidder’s Conference will not be created.

1.8 AMERICANS WITH DISABILITIES ACT (ADA)

To comply with the nondiscrimination requirements of ADA, it is the policy of the State to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing a reasonable accommodation to participate in the procurement process, or for persons having questions regarding reasonable accommodations of the procurement process, you may contact the Procurement Official identified in Section 1.6. You may also contact the State at the numbers listed below.

Important: to ensure that we can meet your need, it is best that we receive your request for reasonable accommodations at least 10 working days before the scheduled event, e.g., meeting, conference, workshop, etc., or deadline due-date for procurement documents.

The California Relay Service Telephone Numbers are:

Voice: 1-800-735-2922 or 1-888-877-5379 TTY: 1-800-735-2929 or 1-888-877-5378

Speech to Speech: 1-800-854-7784

1.9 ATTACHMENTS

Attachment 1 – Intent to Bid. This attachment is for Bidders who intend to bid. This form must be submitted by Section 1.7 Key Action Dates.

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Attachment 2 – Bid Submission Checklist. This attachment references items to be submitted as part of the Final Bid Submission, but is not guaranteed to include all necessary items.

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2 RULES GOVERNING COMPETITION SECTION

2.1 IDENTIFICATION AND CLASSIFICATION OF SOLICITATION DOCUMENT

REQUIREMENTS

2.1.1 Requirements

The State has established certain requirements with respect to bids to be submitted by prospective Contractors. The use of “shall,” “must,” or “will” (except to indicate simple futurity) in the solicitation document indicates a requirement or condition which is mandatory. A deviation from a requirement is material if the deficient response is not in substantial accord with the solicitation document requirements, provides an advantage to one Bidder over other Bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid8, amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived. A deviation, if not material, may be waived by the State.

2.1.2 Desirable Items

The words “should” or “may” in the solicitation document indicate desirable attributes or conditions, but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of the Bid.

2.2 BIDDING REQUIREMENTS AND CONDITIONS

2.2.1 General

This solicitation document, the evaluation of responses, and the award of any resultant contract shall be made in conformance with current competitive bidding procedures as they relate to the procurement of goods and services by public bodies in the State of California. A Bidder’s Final Bid is an irrevocable offer for 90 days following the scheduled date for Submission of Final Bids specified in Section 1.7, KEY ACTION DATES. A Bidder may extend the offer in the event of a delay of contract award.

2.2.2 Solicitation Document

This solicitation document includes, in addition to an explanation of the State’s needs which must be met, instructions which prescribe the format and content of Bids to be submitted and the model(s) of the contract(s) to be executed between the State and the successful Bidder(s).

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this solicitation document, the Bidder shall immediately notify the Procurement Official identified in Section 1.6 of such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to Subsection 2.2.7, Addenda. Such modifications shall be given by written notice to all parties who have identified themselves as

8 If this solicitation document is an RFP, the word “bid” as used throughout is intended to mean “proposed”, “propose” or “proposal” as appropriate.

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Bidders to the Procurement Official identified in Section 1.6, without divulging the source of the request for same. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible therefore.

If the solicitation document contains an error known to the Bidder, or an error that reasonably should have been known, the Bidder shall bid at its own risk. If the Bidder fails to notify the State of the error prior to the date fixed for submission of Bids, and is awarded the contract, the Bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

2.2.3 Examination of the Work

The Bidder should carefully examine the entire solicitation document and any addenda thereto, and all related materials and data referenced in the solicitation document or otherwise available to the Bidder, and should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work. Specific conditions to be examined may be listed in Section 5, ADMINISTRATIVE REQUIREMENTS and/or Section 6, BUSINESS AND TECHNICAL REQUIREMENTS.

2.2.4 Questions Regarding the Solicitation Document

Bidders requiring clarification of the intent or content of this solicitation or on procedural matters regarding the competitive bid process may request clarification by submitting questions, in an email or envelope clearly marked “Questions Relating to IFB 2030075” (using the IFB identification on the solicitation title page), to the Procurement Official listed in Section 1.6. To ensure a response, questions must be received in writing by the scheduled date(s) given in Section 1.7, KEY ACTION DATES. Question and answer sets will be provided to all Bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

A Bidder who desires clarification or further information on the content of the solicitation, but whose questions relate to the proprietary aspect of that Bidder’s bid and which, if disclosed to other Bidders, would expose that Bidder’s Bid, may submit such questions in the same manner as above, but also marked “CONFIDENTIAL,” and not later than the scheduled date specified in Section1.7, KEY ACTION DATES to ensure a response. The Bidder must explain why any questions are sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the Bid, the question will be answered and both the question and answer will be kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered in this manner and the Bidder will be so notified.

If the Bidder believes that one or more of the solicitation requirements is onerous, unfair, or imposes unnecessary constraints to the Bidder in proposing less costly or alternate solutions, the Bidder may request a change to the solicitation by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. Such request must be submitted to the Procurement Official by the date specified in Section 1.7, KEY ACTION DATES for submitting a request for change. Oral responses shall not be binding on the State.

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2.2.5 Bidders Conference (Applicable)

A Bidders’ Conference may be held, during which suppliers will be afforded the opportunity to meet with State personnel and discuss the content of the solicitation document and the procurement process. Bidders are encouraged to attend the Bidders’ Conference. The time, date and place of such conference, if held, is specified in Section 1.7, KEY ACTION DATES.

If questions are asked at or before the conference, Bidders will be asked to submit the question(s) in writing to the Procurement Official. Answers to these questions will be published in a Question and Answer set. Oral responses shall not be binding on the State. A transcript of the Bidder’s Conference will not be created.

2.2.6 Intent to Bid (M)

Bidders that want to participate in the solicitation should submit a completed Attachment 1, Intent to Bid by the date specified in Section 1.7, KEY ACTION DATES. This document may be mailed or emailed to the Procurement Official identified in Section 1.6. Only those Bidders acknowledging interest in this solicitation will receive correspondence throughout this procurement. Correspondence to a Bidder regarding this solicitation will only be given to the Bidder’s designated contact person. It shall be the Bidder’s responsibility to immediately notify the Procurement Official identified in Section 1.6, in writing, regarding any revision to the contact person information. The State shall not be responsible for Bid correspondence not received by the Bidder if the Bidder fails to notify the State, in writing, about any change pertaining to the designated contact person.

2.2.7 Addenda

The State may modify the solicitation prior to the date fixed for Contract Award by issuance of an addendum to all Bidders who are participating in the bidding process at the time the addendum is issued. Addenda will be numbered consecutively.

If a Bidder determines that an addendum unnecessarily restricts its ability to bid, the Bidder is allowed five (5) business days to submit a protest to the addendum according to the instructions contained in Subsection 2.7.1, Requirements Protests.

2.2.8 Plastic Trash Bag Certification Violations

Public Resources Code Section 42290 et seq. prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a State contract or subcontract or renewal, extension, or modification of an existing contract or subcontract. Prior to award the State shall ascertain if the intended awardee or proposed Subcontractor is a business identified on the current California Integrated Waste Management Board noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the Board of the proposed award and afford the Board the opportunity to advise the State. No award will be made when either the Bidder or a Subcontractor has been identified either by published list or by advice from the Board, to be in violation of certification requirements.

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2.2.9 Bonds

The State reserves the right to require a performance bond or other security document as specified in the solicitation from the Bidder in an amount not to exceed the amount of the contract. In the event a surety bond is required by the State which has not been expressly required by the solicitation, the State will reimburse the bidder, as an addition to the purchase price, in an amount not exceeding the standard premium on such bond.

2.2.10 Discounts

In connection with any discount offered, except when a provision is made for a testing period preceding acceptance by the State, time will be computed from the date of delivery of the supplies or equipment as specified, or from date correct invoices are received in the office specified by the State if the latter date is later than the date of delivery. When a provision is made for a testing period preceding Acceptance by the State, the date of delivery shall mean the date the supplies or equipment are accepted by the State during the specified testing period.

Payment is deemed made, for the purpose of earning the discount, on the date of mailing the State warrant or check.

Cash discounts offered by Bidders for the prompt payment of invoices will not be considered in evaluating offers for award purposes; however, all offered discounts will be taken if the payment is made within the discount period, even though not considered in the evaluation of offers.

2.2.11 Joint Bids (Not Applicable)

A joint bid (two (2) or more Bidders quoting jointly on one (1) bid) may be submitted and each participating Bidder must sign the joint bid. If the contract is awarded to joint Bidders, it shall be one indivisible contract. Each joint Contractor will be jointly and severally responsible for the performance of the entire contract, and the joint Bidders must designate, in writing, one individual having authority to represent them in all matters relating to the contract. The State assumes no responsibility or obligation for the division of orders or purchases among joint Contractors.

2.2.12 Air or Water Pollution Violations

Unless the contract is less than $25,000 or with a non-competitively bid Contractor, Government Code Section 4477 prohibits the State from contracting with a person, including a corporation or other business association, who has been determined to be in violation of any state or federal air or water pollution control law.

Prior to an award, the State shall ascertain if the intended awardee is a person included in notices from the Boards. In the event of any doubt of the intended awardee’s identity or status as a person who is in violation of any state or federal air or water pollution law, the State will notify the appropriate Board of the proposed award and afford the Board the opportunity to advise the Department that the intended awardee is such a person.

No award will be made to a person who is identified either by the published notices or by advice, as a person in violation of state or federal air or water pollution control laws.

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2.2.13 Fair Employment and Housing Commission Regulations

The California Government Code Section 12990 requires all State contractors to have implemented a Nondiscrimination Program before entering into any contract with the State. The Department of Fair Employment and Housing (DFEH) randomly selects and reviews State contractors to ensure their compliance with the law. DFEH periodically disseminates a list of contractors who have not complied. Any contractor so identified is ineligible to enter into any State contract.

2.2.14 Exclusion for Conflict of Interest

No consultant shall be paid out of State funds for developing recommendations on the acquisition of information technology (IT) products or services or assisting in the preparation of a feasibility study, if that consultant is to be a source of such acquisition or could otherwise directly and/or materially benefit from State adoption of such recommendations or the course of action recommended in the feasibility study. Further, no consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus IT products, if that consultant would directly and/or materially benefit from State adoption of such recommendations.

A consultant shall not be eligible to serve as the Prime Contractor or Subcontractor pursuant to this solicitation if the Contractor/Subcontractor is currently working on the solicitation in an Independent Verification and Validation (IV & V) role.

2.2.15 Seller’s Permit

This solicitation document is subject to all requirements set forth in Sections 6452, 6487, 7101 and 18510 of the Revenue and Taxation Code, and Section 10295 of the Public Contract Code (PCC), requiring contractors to provide a copy of their retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization. Unless otherwise specified in this solicitation document, a copy of the retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates must be submitted within five (5) State business days of the State’s request.

2.2.16 Disclosure of Financial Interests

Bids in response to State procurements for assistance in preparation of feasibility studies or the development of recommendations for the acquisition of IT products and services must disclose any financial interests (e.g., service contract, Original Equipment Manufacturer (OEM) agreements, remarketing agreements, etc.) that may foreseeably allow the individual or organization submitting the Bid to materially benefit from the State’s adoption of a course of action recommended in the feasibility study or the acquisition recommendations. If, in the State’s judgment, the financial interest will jeopardize the objectivity of the recommendations, the State may reject the Bid.

2.2.17 Unfair Practices Act and Other Laws

Bidder warrants that its Bid complies with the Unfair Practices Act (Business and Professions Code Section 17000 et seq.) and all applicable State and Federal laws and regulations.

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2.3 BIDDING STEPS

2.3.1 General

The solicitation document may require, as specified in Section 2.3, BIDDING STEPS, any or all of the following types of preliminary Bids: Conceptual Bid, Detailed Technical Bid, and Draft Bid.

The procurement process to be used in this solicitation is composed of at least one phase of Bid development. Refer to Section 1.7, KEY ACTION DATES to determine which phases and steps are included in this solicitation document.

The Final Bid is a mandatory step for all Bidders; all other steps are optional unless otherwise stated in Section 1.7, KEY ACTION DATES. However, all Bidders are strongly encouraged to follow the scheduled steps of this procurement document in order to submit a compliant Final Bid. Costs submitted in any submission other than the Final Bid may preclude the Bidder from continuing in the process.

The use of the Draft Bid submission is encouraged. The use of Detailed (Technical or Conceptual) Bids; however, is dependent upon the level of specification and the State’s desire to discuss possible solutions with the Bidders. The use of one may be desirable if:

• The State can identify the resultant performance criteria but the method of delivery or achievement is optional;

• The State recognizes there may be more than one means of meeting the requirements and wants to evaluate alternatives; and/or

• Competition can only be ensured by the State’s active analysis and participation in Bid refinement.

2.3.2 Compliance Phase (Not Applicable)

The Compliance Phase is an interative, conversational mode of Bid and contract development. It requires the State, working together in confidence with each Bidder, to assess and discuss the viability and effectiveness of the Bidder’s proposed methods of meeting the State’s needs as reflected in the solicitation. It is a departure from the rigid “either accept or reject” philosophy of traditional competitive bidding, yet it is highly competitive in nature. It provides the flexibility needed for the Bidder to test a solution prior to formal submittal of the Final Bid, and it facilitates the correction of defects before they become detrimental to the bid. The preliminary Bids may include the submission of a Conceptual Bid and/or a Detailed Technical Bid, and/or a Draft Bid by the Bidder, Confidential Discussions of the Bidder’s Bid(s) and Revised Draft Bids to address the correction of defects.

2.3.2.1 Conceptual Bid (Not Applicable)

The Conceptual Bid may be included for the purpose of allowing each Bidder to provide a general concept of a Bid with just enough detail to enable the evaluators to determine if the Bidder is on the right track toward meeting the functional requirements as stated in the solicitation; and if not, where the Bidder must change a concept. This step invites the Bidder to be as innovative as the solicitation requirements allow in eliminating unnecessary constraints.

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2.3.2.2 Detailed Technical Bid (Not Applicable)

The Detailed Technical Bid may be included for the purpose of allowing each Bidder to provide a detailed technical description of its Bid to determine at an early stage whether the Bid is totally responsive to all the requirements of the solicitation, and if not, which elements are not responsive and what changes would be necessary and acceptable.

2.3.2.3 Draft Bid (Not Applicable)

The purpose of the Draft Bid is to provide the State with an "almost final" Bid in order to identify any faulty Administrative, Business, Functional and Technical aspects of the bid which, if not corrected, could cause the Final Bid to be rejected.

The Draft Bid should correspond to submittals and agreements of the Compliance phase, if required, and must be complete in every respect as required by the solicitation section on BID AND BID FORMAT, except cost. The inclusion of cost information in the Draft Bid may be a basis for rejecting the Bid and notifying the bidder that further participation in the procurement is prohibited.

REVIEW OF THE DRAFT BID BY THE STATE MAY INCLUDE CONFIDENTIAL DISCUSSIONS

WITH INDIVIDUAL BIDDERS AND THE STATE WILL PROVIDE FEEDBACK TO THE BIDDER

PRIOR TO SUBMITTAL OF THE FINAL BID. Regardless of the inclusion of a confidential discussion, the State will notify the bidder of any defects it has detected in the Draft Bid, or of the fact that it did not detect any such defects. Such notification is intended to minimize the risk that the Final Bid will be deemed defective; however, THE STATE WILL NOT PROVIDE ANY

WARRANTY THAT ALL DEFECTS HAVE BEEN DETECTED AND THAT SUCH

NOTIFICATION WILL NOT PRECLUDE REJECTION OF THE FINAL BID IF SUCH DEFECTS

ARE LATER FOUND.

The State’s evaluation of Draft Bids is preliminary and the review is cursory. Therefore, Bidders are cautioned to not rely on the State, during these evaluations and reviews, to discover and report to the Bidders all defects and errors in the submitted documents. Before submitting each document, the Bidder should carefully proof it for errors and adherence to the solicitation document requirements.

2.3.3 Evaluation of Draft Bids and Discussion Agenda (Not Applicable)

The evaluation team will review each draft Bid in accordance with the evaluation methodology outlined in the solicitation document for the purpose of identifying areas in which the Bid is nonresponsive to a requirement, is otherwise defective, or in which additional clarification is required in order that the State may fully understand the ramifications of an action proposed by the Bidder. As a result of this evaluation, the evaluation team will prepare an agenda of items to be discussed with the Bidder, and will normally transmit the agenda to the Bidder at least two (2) working days before the scheduled meeting. The agenda may also include, in addition to the identification of discovered defects, a discussion of the Bidder’s proposed supplier support, implementation plans, validation plans, demonstration plans, and proposed contracts, as appropriate.

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2.3.4 Confidential Discussion with Each Bidder (Not Applicable)

In accordance with the discussion agenda, the evaluation team will meet with each Bidder for the purpose of discussing Preliminary Bid(s) in detail. The Bidder may bring to the discussion those persons who may be required to answer questions or commit to changes. As the first order of business, the Bidder may be asked to give a short Bid overview presentation. To the maximum extent practical, the Bidder will address the major concerns of the evaluation team, as expressed in the discussion agenda, and should be prepared to answer any questions that may arise as a result of the presentation. The participants will then proceed to discuss each of the agenda items.

The State will not make counter Bids to a Bidder’s proposed solution to the solicitation document requirements. The State will only identify its concerns, ask for clarification, and express its reservations if a particular requirement of the solicitation document is not, in the opinion of the State, appropriately satisfied. The primary purpose of this discussion is to ensure that the Bidder’s Final Bid will be responsive.

Note: In lieu of, or in addition to these Confidential Discussions, Confidential Discussions may be included in the Final Phase. Confidential Discussions will be identified in Section 1.7, KEY

ACTION DATES.

2.3.5 Revised Draft Bid (Not Applicable)

If at the conclusion of the Confidential Discussion, the State determines that required and agreed-to changes can only be fully confirmed through the submission of a revised Draft Bid, the State may require the submission of a revised Draft Bid consisting only of those pages which were in doubt or a complete resubmittal. Similarly, if the Bidder wishes confirmation that the changes the Bidder intends to make are acceptable to the State; the Bidder may request and receive permission, if the time permits, to submit a revised Draft Bid within a reasonable time after the conclusion of the Confidential Discussion. In either event, the State will advise the Bidder as to the acceptability of the revised Draft Bid, or may schedule another discussion period, if in the State’s opinion, such a discussion is desirable.

If the State finds it necessary, the State may call for revised Draft Bid submittals, or portions thereof. The Bidder will be notified of defects discovered in these submittals as well. The State will not provide any warranty that all defects have been detected and that such notification will not preclude rejection of the Final Bid if such defects are later found.

2.3.6 Rejection of Bidder’s Draft Bid (Not Applicable)

If, after full discussion with a Bidder, the State is of the opinion that the Bidder’s Draft Bid cannot be restructured or changed in a reasonable time to satisfy the needs of the State, and that further discussion would not likely result in an acceptable Bid in a reasonable time, the Bidder will be given written notice that the Bid has been rejected and that a Final Bid submitted along such lines would be nonresponsive.

2.3.7 Final Phase

The purpose of the Final Phase is to obtain Bids that are responsive in every respect.

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2.3.7.1 Final Bid

The Final Bid must be complete, including all cost information, required signatures, contract language changes agreed to in writing and corrections to those defects noted by the State in its review of the Draft Bid (if any). If required in the solicitation document, cost data (as identified in Section 8, BID AND BID FORMAT must be submitted under separate, sealed cover. Changes that appear in the Final Bid, other than correction of defects, increase the risk that the Final Bid may be found defective.

2.3.8 Confidentiality

Bidder material becomes public only after the notice of Intent to Award is released. If material marked “confidential,” “proprietary,” or “trade secret” is requested pursuant to the Public Records Act, the State will make an independent assessment whether it is exempt from disclosure. If the State disagrees with the Bidder, the State will notify the Bidder and give them a reasonable opportunity to justify their position or obtain a court order protecting the material from disclosure.

Bidders should be aware that marking a document “confidential” or “proprietary” in a Final Bid may exclude it from consideration for award and will not keep that document from being released after notice of award as part of the public record, unless a court has ordered the State not to release the document. The content of all working papers and discussions relating to the Bidder’s Bid shall be held in confidence indefinitely, unless the public interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement or the evaluation of the Bid.

Any disclosure of confidential information by the Bidder is a basis for rejecting the Bidder’s Bid and ruling the Bidder ineligible to further participate. Any disclosure of confidential information by a State employee is a basis for disciplinary action, including dismissal from State employment, as provided by Government Code section 19570 et seq. Total confidentiality is paramount; it cannot be over emphasized.

2.3.9 Disposition of bids

All materials submitted in response to this solicitation document will become the property of the State of California and will be returned only at the State’s option and at the Bidder’s expense. At a minimum, the Master Copy of the Final Bid shall be retained for official files and will become a public record after the Notification of Intent to Award as specified in Section 1.7, KEY ACTION DATES. However, materials the State considers confidential information (such as confidential financial information submitted to show Bidder responsibility) will be returned upon request of the Bidder.

2.4 SUBMISSION OF BIDS

The instructions contained herein apply to the Final Bid. They also apply to the Conceptual Bid, Detailed Technical Bid, and Draft Bid, except as noted.

2.4.1 Preparation

Bids are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this solicitation document. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be

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2.4.2 Bidders Cost

Costs for developing Bids are the responsibility entirely of the Bidder and shall not be chargeable to the State.

2.4.3 Completion of Bids

Bids must be complete in all respects as required by Section 8, BID AND BID FORMAT. A Final Bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A Final Bid must be rejected if any such defect or irregularity constitutes a material deviation from the solicitation document requirements. The Final Bid must contain all costs as required by Section 7, COST and Section 8, BID AND BID FORMAT. (Draft Bids must contain all information required in the Final Bid except cost.)

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