EDIS92224_RFQ-ITS.pdf

MALIA M. COHEN

CALIFORNIA STATE CONTROLLER

May 8, 2025

REQUEST FOR QUOTE – INFORMATION TECHNOLOGY SERVICES (RFQ-ITS) EDIS92224

Hardware Maintenance – Uninterruptible Power Supply

Bidders are invited to review and respond to the State Controller's Office (SCO) Request for Quote for Information Technology (IT) Services (RFQ-ITS) Number EDIS92224. To submit a bid for these services, the Bidder must comply with the instructions contained in this document as well as the requirements stated in Standard Agreement, Exhibit A. Scope of Work. By submitting a bid, the bidding firm agrees to the terms and conditions stated in this RFQ-ITS.

Read the attached document carefully. The Bidder is solely responsible for ensuring that the complete bid is received by SCO in accordance with the Bid requirements, prior to the date and time specified in the solicitation. Bids received after the specified deadline will not be considered for review. SCO shall not be responsible for any delays in submittal, to include misdelivery. SCO reserves the right to cancel this RFQ-ITS without cause, at any time prior to award. Additional bidder instructions (DGS PD 451) are available at the Internet site https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf.

Bidders are advised to check the Cal eProcure website for addendums, modifications, and updates to the Bid documents. SCO is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure. Failure to check the website periodically will be at the Bidder’s sole risk.

If a discrepancy occurs between the information in the advertisement appearing on the Department of General Services (DGS), California State Contracts Register (CSCR) on the Cal eProcure website:

https://caleprocure.ca.gov/pages/index.aspx, and the information in the herein RFQ-ITS, the information in the attached RFQ-ITS shall take precedence.

Note that all agreements entered into with the State of California will include by reference General Services Procurement Division, Information Technology General Provisions Non-Cloud Goods & Services DGS PD-403-ITGP Non-Cloud (Rev. 02/20/2025) that may be viewed and downloaded at internet site https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General- Provisions-NonCloud-DGS-PD-403ITGP-Revised-02202025.pdf. If you do not have internet access, a hard copy can be provided.

In the opinion of SCO, this RFQ-ITS is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please send an email to SCOBids@sco.ca.gov by the Written Questions Submittal Deadline in Section I, General Information, Item B. Key Action Dates.

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

State Controller's Office RFQ-ITS Number EDIS92224

TABLE OF CONTENTS

SECTION I. GENERAL INFORMATION

A. Purpose and Description of Services B. Key Action Dates C. Written Questions and Answers D. Cost Opening E. RFQ-ITS Bid Guidelines F. RFQ-ITS Bid Content

1. Administrative Requirements

2. Bidder Minimum Qualifications

3. Bidder Desirable Qualifications

4. Licenses and Certifications

G. Background Check H. RFQ-ITS Bid Submission I. Participation, Preference and Incentive Programs J. Award …………… K. Protest ………………………………………………………………………………………………………………...11 L. Disposition of Bids M. Agreement Execution and Performance

SECTION II. EVALUATION INFORMATION

A. Evaluation Process B. Evaluation Criteria C. Scoring D. Tie Break Process

ATTACHMENT 1, Required Attachment Checklist ATTACHMENT 2, Bidder Certification Sheet ATTACHMENT 3, Contractor Point of Contact ATTACHMENT 4, Payee Data Record (Std 204) And Payee Data Record Supplement (Std 205)* ATTACHMENT 5, Bidder Declaration (Written) (GSPD-05-105) ATTACHMENT 6, California Civil Rights Laws Certification (DGS OLS 04) ATTACHMENT 7, Secretary of State Certification Status* ATTACHMENT 8, Disabled Veteran Business Enterprise (DVBE) Declarations (DGS PD 843) ATTACHMENT 9, Generative Artificial Intelligence (GenAI) Disclosure ATTACHMENT 10, Bidding Preferences and Incentives ATTACHMENT 11, Acknowledgement of Agreement Exhibits and Policies ATTACHMENT 12, Contractor/Consultant Organization Information Security Agreement (ISO-004c) ATTACHMENT 13, Cost Worksheet

Standard Agreement Exhibit A – Scope of Work Exhibit B – Budget Detail and Payment Provisions Exhibit B – Attachment 1, Cost Worksheet Exhibit C – Information Technology – General Provisions - Non-Cloud Goods and Services, DGS PD 403- ITGP (Revised and Effective 2/20/2025) Exhibit D – Special Terms and Conditions

*Submit only if applicable.

State Controller’s Office

SECTION I. GENERAL INFORMATION

A. Purpose and Description of Services

The State Controller’s Office (SCO), Disbursements Bureau (DISB) is seeking a Contractor to provide hardware and software maintenance for the existing Schneider Electric uninterruptible power supply (UPS) equipment including installation of parts, replacement batteries, upgrades, and agreement management as required by SCO. The equipment is located at 3301 C Street, Sacramento, CA 95816 (The Park).

See Standard Agreement, Exhibit A. Scope of Work for a complete description of services.

Agreement Term

The term of this Agreement will be for three years with the options to amend for two additional one-year extensions, and/or add funds as deemed necessary by SCO. The rates quoted in Attachment 15, Cost Worksheet will not change as a result of any amendment to this Agreement. This Agreement may be terminated by SCO with 30 days’ written notice to the Contractor.

Contractors are cautioned that no work shall begin until the Agreement has been fully executed. If work is performed prior to agreement approval, and the Agreement for any reason is not approved, all previous work performed by the Contractor is considered donated to SCO and no payment shall be made for that work.

Agreement Amount

The Contractor and the SCO Contract Manager (CM) are responsible for monitoring the Agreement cost to ensure it does not exceed the maximum of the Agreement without an executed amendment.

B. Key Action Dates

It must be understood that time is always of the essence, both for the RFQ-ITS submittal and for agreement completion. Bidders are advised of the key action dates and times shown below and are expected to adhere to them.

EVENT DATE

Release of RFQ-ITS May 8, 2025

Written Questions Submittal Deadline May 14, 2025 5:00 p.m. Pacific Time (PT)

SCO Response to Written Questions May 16, 2025

Equipment/Model Model Number Serial Number

Symmetra PX 250-500kVA UPS SYIOF500KMBR QD1406120245

Power Management Unit (PMM)/Power Distribution Units (PDUs)

PMM150

PMN084-42-150

L14-10145

Battery Cabinet Systems SYBFXR8 N/A

Racks N/A N/A

Power Modules SYPM25KD N/A

Batteries SYBT9-B6 N/A

MBRS and MPRS Upgrades N/A WUPGMBRS7X24-MB-00

WUPGMPRS7X24-MP-00

Final Date for Bid Submission* May 27, 2025 at 2:00 p.m. PT

Evaluation of Bids May 27, 2025 through May 28, 2025

Cost Opening May 29, 2025, 2:00 PM PT via Microsoft Teams

Notice of Intent to Award May 29, 2025

Anticipated Agreement Award Date June 6, 2025

Anticipated Agreement Start Date June 30, 2025

* Dates after the Final Date for Bid Submission are estimates only and may be subject to change. SCO will adhere to the listed dates as strictly as possible but will not be held accountable for changes due to unforeseen circumstances.

C. Written Questions and Answers

1. Bidders may submit questions for clarification and any proposed changes of the content of this RFQ-ITS to SCOBids@sco.ca.gov. Any questions or proposed changes to the RFQ-ITS or Standard Agreement, Exhibit A. Scope of Work must be submitted on or before the Written Questions Submittal Deadline date as stated in Section I. General Information, Item B. Key Action Dates. A bid submitted with alternate agreement language, that was not accepted through an addendum to the RFQ-ITS, will be considered a counteroffer and will not be considered. The State’s General Provisions are not negotiable.

2. Questions must be received by the date and time specified in Section I. General Information, Item B.

Key Action Dates. Questions and answers will be provided without identifying the submitter. At the sole discretion of SCO, SCO may paraphrase questions for clarity.

3. The subject line of the email should read, RFQ-ITS EDIS92224 Questions – Company Name.

4. The Bidder must reference the section and page number about which they are inquiring.

5. Questions not submitted in writing by the date for Written Questions Submittal Deadline specified in

Section I. General Information, Item B. Key Action Dates, will be answered at SCO option.

6. Questions and Answers will be issued via an addendum to this RFQ-ITS and be posted to Cal eProcure by the date specified in Section I. General Information, Item B. Key Action Dates.

D. Cost Opening

1. The Cost Opening will occur via Microsoft Teams. All bidders will be sent an invite to attend, utilizing the contacts listed on Attachment 3, Contractor Point of Contact in the Bid.

2. To request an invitation to the Cost Opening for anyone not bidding or listed on Attachment 3, Contractor Point of Contact, please email request to SCOBids@sco.ca.gov by Final Date for Bid Submission identified in Section I. General Information, Item B. Key Action Dates.

3. Invitations to the Cost Opening will be sent as an email meeting notice with the Microsoft Teams link no later than the morning of the Cost Opening identified in Section I. General Information, Item B. Key Action Dates.

E. RFQ-ITS Bid Guidelines

1. Costs incurred for developing bids, in anticipation of award of the Agreement, are entirely the responsibility of the Bidder and shall not be charged to the State of California.

2. It is the Bidder’s responsibility to provide all necessary information for SCO to evaluate the Bid, verify requested information, and determine the Bidder’s ability to perform the services defined in Standard Agreement, Exhibit A, Scope of Work and Attachment 13, Cost Worksheet.

3. Bidders who are DGS certified California Small Businesses (SB), Micro Business (MB) and/or Disabled Veteran Business Enterprises (DVBE) must provide and include an SB/DVBE Certification with the Bid.

SCO will verify that SB/DVBE certifications are valid at the time the Bid is due. In accordance with California Government Code (GC) Section 14837(d) and California Military and Veterans Code Section 999, all SB and DVBE contractors, subcontractors, and suppliers that bid on or participate in a State agreement, regardless of being an oral or written solicitation, shall perform a Commercially Useful Function (CUF).

4. The Bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the Final Date for Bid Submission. Contractor modifications in any other manner, oral or written, will not be considered.

5. The Bidder may withdraw its bid by submitting a written withdrawal request to SCOBids@sco.ca.gov signed by the Bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the Final Date for Bid Submission. Bids may not be withdrawn without cause after the Final Date for Bid Submission.

6. SCO does not accept alternate agreement language from a prospective contractor. A bid with such language will be considered a counteroffer and will not be considered. The State’s Terms and Conditions are not negotiable.

7. Any proposed changes to the RFQ-ITS or Standard Agreement, Exhibit A. Scope of Work must be submitted on or before the Written Questions Submittal Deadline date as stated in Section I. General Information, Item B. Key Action Dates. A bid submitted with alternate agreement language, that was not accepted through an addendum to the RFQ-ITS, will be considered a counteroffer and will not be considered. The State’s General Provisions are not negotiable.

8. Bids should provide straightforward and concise descriptions of the Bidder’s ability to satisfy the requirements of this RFQ-ITS. Omissions, inaccuracies, or misstatements will be cause for rejection of a bid.

9. SCO may modify the RFQ-ITS by issuing an addendum, prior to the Final Date for Bid Submission, which will be posted to Cal eProcure.

10. SCO reserves the right to reject all bids. SCO is not required to award an agreement.

11. This RFQ-ITS and the Contractor’s bid will be made a part of the Agreement file.

12. At SCO 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.

13. No oral understanding or agreement shall be binding on either party.

F. RFQ-ITS Bid Content

In order to be responsive to this RFQ-ITS, the following requirements must be met. Failure to respond to and submit these items with the required information may result in disqualification.

This requirement is Mandatory Pass/Fail.

1. Administrative Requirements

a. Completion of all required Attachments listed on Attachment 1, Required Attachment Checklist.

b. On Attachment 2, Bidder Certification Sheet, the Bidder must complete, sign, and return the Attachment. The Bidder will include any necessary supporting documentation (certifications, licenses, insurance acknowledgement, etc.) necessary to validate the Bidder’s qualifications.

Attachment 2 must be signed by an individual authorized to bind the business.

2. Bidder Minimum Qualifications

a. The Bidder and any subcontractor(s) must have been in business at least three years within the last five years, routinely performing the type of services as those outlined in Standard Agreement, Exhibit A. Scope of Work for other public or private entities.

b. The Bidder and subcontractor(s) must provide a copy of a current ExoXpert Power Distribution certificate and UPS disposal certificate with the bid submission.

c. The Bidder or any subcontractor(s) shall provide at least one technician with a minimum of three years of experience performing UPS battery maintenance and disposal.

3. Bidder Desirable Qualifications

a. Bidders or subcontractor(s) that have more than three years of experience performing hardware and software maintenance for Schneider Electric uninterruptible power supply (UPS) equipment will be awarded 10 points for each additional year of experience up to five years for a total of 50 maximum points.

b. Bidders or subcontractor(s) technician(s) possessing a current valid certificate related to electrical insulation systems, power distribution components, or digital transformation of electrical distribution will be awarded 10 points for each certification for a total of 30 maximum points.

4. Licenses and Certifications

a. The Bidder and all subcontractors must provide copy of a valid California city or county business license (if applicable); or, if a corporation is located within the State of California, incorporation documents; or letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which business is headquartered.

b. The Bidder must provide a copy of a valid California Seller’s Permit.

c. The Bidder shall obtain, at their expense, all license(s) or permits required by law for accomplishing any work required in connection with this agreement.

d. All certifications must remain valid for the term of the Agreement. In the event that any license or certification expires at any time during the term of this agreement, the Contractor agrees to provide SCO a copy of the renewed license within 30 days’ following the expiration date. In the event the Contractor fails to keep in effect at all times all required certifications, SCO may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event.

G. Background Check

1. The resulting agreement requires that the Bidder’s or subcontractor’s proposed key staff—who have access to SCO work areas and facilities or the work areas of SCO customers on behalf of SCO—pass Live Scan background checks. This requirement includes any subcontractors that have access to confidential and sensitive information/resources.

2. Upon notice of award, SCO will provide the Contractor all necessary forms and locations for each proposed key staff to complete the background check process. SCO will be responsible for payment of background check fees.

3. Background checks must be completed and passed prior to contractor and/or subcontractor staff beginning work on the Agreement. If a key staff does not pass the Live Scan background check process, the Contractor must replace the proposed key staff with a new candidate that meets all requirements identified in this solicitation. Replacement of key staff is subject to SCO approval.

4. At the discretion of SCO, SCO may cancel award of the Agreement to a contractor subject to failed background checks. Contractors and subcontractors will be held to the same background check standards as SCO employees.

5. The Contractor shall ensure that each of its employees, and any subcontractor staff, are made aware of, understand, and comply with the provisions of SCO Live Scan background checks. Any additional or replacement key staff added to the Agreement will be subject to the same terms.

H. RFQ-ITS Bid Submission

1. Bidders must submit their bids in PDF attached to an email to SCOBids@sco.ca.gov by the date and time specified in Section I. General Information, Item B. Key Action Dates. All bids must be submitted in at least two separate emails: (1) the Bid; and (2) the Attachment 13, Cost Worksheet. Subject line must include the RFQ-ITS number, title, and be marked Bid or Cost:

a. Bid

Email #1 must include the Bidder’s submission in PDF format with the subject line identifying the submission as “RFQ-ITS EDIS92224 - BID – Company Name.

Bids must be formatted for 8 1/2” x 11” paper with all pages consecutively numbered, each required element clearly identified, and in the sequence presented in this RFQ-ITS. Include all necessary supporting documentation (i.e., licenses, certificates, etc.) necessary to validate the Bidder’s qualifications.

b. Attachment 13, Cost Worksheet

Submit the Attachment 13, Cost Worksheet in PDF as Email #2 with the subject line identifying the submission as “RFQ-ITS EDIS92224 - COST—DO NOT OPEN” – Company Name. The Cost email shall remain unopened and separate from the sealed bid email until the Public Cost Opening.

2. Email Requirements

a. Bidders must ensure that emails do not exceed a file size of 20 megabytes.

b. Bidders must ensure that emails do not contain scripts, executable files, password protections or macros, which may make their emails undeliverable.

c. Do not imbed links within the PDF—all documents must be contained within the PDF. SCO cannot access links to external sources. Bids containing links to external sources will be rejected.

d. If email #1, identified as BID, should exceed acceptable file size, the Bidder shall split the email into multiple emails to ensure delivery.

e. Bid submissions that are sent from unrecognized email servers may be blocked by SCO security filters and be flagged as spam, thereby rendering them unsubmitted.

f. Successful email submissions will receive an automatic reply from SCOBids@sco.ca.gov.

Automatic replies only confirm receipt of emails and do not assess bidders’ responsiveness to the RFQ-ITS requirements in the email content or in any attachments therein.

g. LATE BID SUBMISSIONS WILL NOT BE ACCEPTED—NO EXCEPTIONS.

3. Bids shall provide straightforward and concise descriptions of the Bidder’s ability to satisfy the requirements of this RFQ-ITS. The Bid must be complete and accurate. Omissions, inaccuracies, or misstatements will be sufficient causes for rejection of the Bid.

4. If the Bid is made under a fictitious name or business title, the actual legal name of the Bidder must be provided.

5. All bids shall include the documents identified on Attachment 1, Required Attachment Checklist. All attachments must include the information stated, and as instructed on each of the attachments (if applicable). Bids not including the proper required attachments shall be deemed nonresponsive. A nonresponsive bid is one that does not meet the Bid requirements.

6. Bids must be submitted for the performance of all services described herein. Any deviation from the work specifications will not be considered and the Bid will be rejected.

7. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. SCO may reject any or all bids and may waive any immaterial deviation in a bid. SCO waiver of an immaterial deviation shall in no way modify the RFQ-ITS document or excuse the Bidder from full compliance with all requirements if awarded the Agreement.

8. All documents contained in the Bid requiring a signature must bear the original signature of a person authorized to bind the Bidder’s firm contractually. Electronic signatures will be accepted.

9. An error in the Bid may cause the rejection of the Bid; however, SCO may correct obvious calculation errors at its sole option. If corrected, the Bidder will be provided the correction for validation.

I. Participation, Preference and Incentive Programs

The Preference and Incentive Programs listed below may be combined but will not exceed a combined total of 15 percent of the Bid amount or $100,000 per bid, whichever is less. No bid price will be reduced by more than $100,000, and all preference and incentive cost adjustments are for bid evaluation purposes only and do not alter the actual cost offered by the Bidder.

A SB/MB and a DVBE must have current and valid certification through DGS, Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS). Completed certification applications and required support documents must be submitted to OSDS no later than 5:00 p.m. PT on the Final Date for Bid Submission and OSDS must be able to approve the application as submitted.

For certification and preference approval process information, contact OSDS by telephone at

(916) 375-4940 or access OSDS Internet website at 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?search=Office%20of%20Small%20business%20and%20DVBE%20Services

1. Disabled Veteran Business Enterprise Program

The DVBE Participation Program requirements for this solicitation have been waived. However, SCO is committed to achieving legislatively established goals for the participation of DVBEs and seeks to use certified DVBE business whenever possible. Therefore, SCO requests the Bidder’s voluntary participation in reporting any certified DVBEs that will be used in the performance of this agreement.

Each listed certified DVBE must perform a commercially useful function in the performance of the Agreement as defined in GC Section 14837(d)(4).

2. Disabled Veteran Business Enterprise Incentive

Firms that are DVBEs or are voluntarily utilizing DVBE subcontractors can have an incentive applied based on their level of DVBE participation identified in the Bid, not to exceed five percent. The DVBE Incentive is for bid computation purposes only and is only applied to responsive bids from responsible bidders proposing DVBE participation.

The incentive shall be applied as follows:

Confirmed DVBE participation of: Incentive Applied 5.0% or more 5% 4.0% to 4.99% 4% 3.0% to 3.99% 3% 2.0% to 2.99% 2% 1.0% to 1.99% 1%

a. The incentive is subject to a minimum of one percent and a maximum of five percent of the available cost. Bids with DVBE participation of more than five percent will be calculated with a five percent incentive.

b. The DVBE Incentive is computed from the lowest responsive and responsible bid price.

c. If the awarded contractor has a certified DVBE perform an element of work for the Agreement, within 60 days of expiration of the Agreement, the awarded contractor shall complete and submit to SCO a Prime Contractor’s Certification - DVBE Subcontractor Report (STD 817).

d. The required list of California certified DVBE subcontractors must be provided on Attachment 5, Bidder Declaration (Written) (GSPD-05-105) and must include the following: 1) subcontractor name,

2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

3. Small Business Preference Program

a. Current law encourages state departments to first consider a SB/MB Enterprise for contracting opportunities. SCO is committed to supporting SB/MB participation in state contracting and seeks to use certified SBs/MBs whenever possible.

b. Section 14835, et seq., of the California GC requires that a five percent preference be given to bidders who certify as a SB/MB. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

c. The SB/MB Preference may not exceed $50,000 for any bid. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the Bidder.

4. Non-Small Business Preference Request

a. A five percent bid preference is available to a non-small business claiming 25 percent California certified SB subcontractor participation. If claiming the non-small business subcontractor preference, the Bid must include a list of the SB(s) with which you commit to subcontract in an amount of at least 25 percent of the net bid price with one or more California certified SBs. Each listed certified SB must perform a Commercially Useful Function in the performance of the Agreement as defined in GC Section 14837(d)(4).

b. The required list of California certified SB subcontractors must be provided on Attachment 5, Bidder

Declaration (Written) (GSPD-05-105) and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied,

5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

c. In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000.

This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the Bidder.

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

OSDS as a SB/MB enterprise.

J. Award

1. 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 addenda 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.

2. 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 expressly 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 its RFQ.

3. Written notification of the State’s intent to award will be made to all bidders. If a bidder, having submitted a bid, can show that its bid, instead of the bid selected by the State, should be selected for contract award, the bidder will be allowed five working days to submit a Notice of Intent to Protest, according to the instructions contained in the paragraph titled “Protests” of this RFQ.

4. Notice of the proposed award shall be posted for five working days prior to awarding the Agreement in a public place at SCO, 300 Capitol Mall, 15th Floor, Sacramento, CA 95814, and on the Small Business and Disabled Veteran Business Enterprises Advocate and Liaison page on SCO Website under Notice of Intent to Award Agreement at: https://www.sco.ca.gov/sco_sb_dvbe_advocate.html.

K. Protest

1. 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 contact 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.

2. If a bidder has submitted a bid which it believes to be responsive to the requirements of the RFQ and to be the bid that should have been selected according to the evaluation procedures in the solicitation and the bidder believes the State has incorrectly selected another bidder for award, the bidder may submit a protest of the selection as described below. Protests regarding selection of the “successful bidder” will be heard and resolved by the Victim Compensation and Government Claims Board whose decision will be final.

3. 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:

Street and Mailing Address:

Deputy Director Procurement Division 707 Third Street, Second Floor South West Sacramento, CA 95605 Facsimile No.: (916) 375-4611

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

L. Disposition of Bids

Upon bid opening, all documents submitted in response to this RFQ-ITS will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

M. Agreement Execution and Performance

1. The Agreement will be executed only upon SCO acceptance of all documents required by this RFQ-ITS. The Agreement is attached and by virtue of submitting a proposal, the Bidder agrees to the terms and conditions stated herein.

2. Service shall start no sooner than the Agreement start date specified in Section I. General Information, Section B. Key Action Dates, or on the express date set by SCO and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, SCO, upon five days written notice to the Contractor, reserves the right to terminate the Agreement. Commencement of work prior to final approval of the Agreement is at the risk of the Contractor. The Contractor may not receive any payment for work performed prior to final approval of the Agreement.

3. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

SECTION II. EVALUATION INFORMATION

A. Evaluation Process

1. Each bid will be checked for the presence of required information in conformance with the submission requirements of this RFQ-ITS. SCO evaluation team will evaluate each bid to determine its responsiveness to the requirements. The Bid must meet all of the evaluation criteria identified in Section II. Evaluation Information, Item B. Evaluation Criteria. If a bid is missing required information, it may be deemed not responsive and subject to disqualification. Further review is subject to SCO discretion.

2. Award of an agreement resulting from this RFQ-ITS will be to the responsive, responsible bidder with the highest score after application of any participation, preference, or incentives as applicable.

B. Evaluation Criteria

The overall responsiveness of each bid is based on the complete bid from the Bidder to the RFQ-ITS requirements. The following four subsections and criteria will be reviewed by the SCO evaluation team:

1. Administrative Requirements (Pass/Fail)

Bids will first be reviewed for responsiveness to the Administrative Requirements identified in Section II. Evaluation Information, Item C. Scoring, to include all required attachments listed on Attachment 1, Required Attachment Checklist. If a bid is missing information required in the Administrative Requirements, it may be deemed nonresponsive and will therefore be ineligible for further consideration.

2. Technical Requirements (Maximum of 80 points)

Bidder Minimum Qualifications (Pass/Fail) Bidder Desirable Qualifications (80 points)

3. Cost (Maximum 80 points) Completion of Attachment 13, Cost Worksheet

a) The following formula shall be used to determine cost points:

Lowest Bidder’s Cost ($600,000) X maximum cost points (80) divided by other Bidder’s Cost = cost points awarded to the other Bidder.

LOWEST COST PROPOSAL ($600,000) X 80 COST POINTS AVAILABLE

OTHER PROPOSAL COST

COST POINTS AWARDED TO OTHER PROPOSAL

Table 1. Sample Cost Assessment

Bidder Bid Cost Calculation Points

Awarded

A $675,000 $600,000 (Bidder B) X 80 (weight) / $675,000 (Bidder A) 71.11

B $600,000 $600,000 (Bidder B) X 80 (weight) / $600,000 (Bidder B) 80

C $650,000 $600,000 (Bidder B) X 80 (weight) / $650,000 (Bidder C) 73.85

4. Participation, Preference, and Incentive Programs, as applicable

C. Scoring

Each bid will be evaluated in accordance with this section. Bidders must receive a “Pass” for the Administrative Requirements and Minimum Qualifications to have the remaining Technical Proposal evaluated. If the Bidder did not receive a “Pass” for the Administrative Requirements and Minimum Qualifications the Bid will be considered non-responsive and, therefore, disqualified.

This agreement will be awarded based on the highest score as follows:

EVALUATION WORKSHEET

Name of Bidder: ______________________________________________

Evaluator: ________________________________ Date: ________________

Description Maximum Points

Possible Points Scored

(Scored by SCO)

ADMINISTRATIVE REQUIREMENTS

Bid received by date/time specified in Key Action Dates Pass/Fail

Bid email received in PDF format Pass/Fail

Attachment 13, Cost Worksheet email received separate from Bid, in PDF Format

Pass/Fail

Attachment 1, Required Attachment(s) Checklist and all required/applicable attachments listed on it

Attachment 2, Bidder Certification Sheet, must be signed by an individual authorized to bind the business contractually and must identify the title or position that the individual holds in the business.

TECHNICAL REQUIREMENTS

Bidder Minimum Qualifications

The Bidder and any subcontractor(s) must have been in business at least three years within the last five years, routinely performing the type of services as those outlined in Standard Agreement, Exhibit A. Scope of Work for other public or private entities.

The Bidder and any subcontractor(s) must provide a copy of a current Schneider Electric EcoXpert Power Distribution Certification and UPS disposal certificate with the bid submission.

The Bidder or any subcontractor(s) shall provide at least one technician with a minimum of three years of experience performing UPS battery maintenance and disposal.

Bidder Desirable Qualifications

Bidders or subcontractor(s) that have more than three years of experience performing hardware and software maintenance for Schneider Electric uninterruptible power supply (UPS) equipment will be awarded 10 points for each additional year of experience up to five years for a total of 50 maximum points.

Bidders or subcontractor technician(s) possessing a current valid certificate related to electrical insulation systems, power distribution components, or digital transformation of electrical distribution will be awarded 10 points for each certification for a total of 30 maximum points.

Total Bidder Desirable Qualifications Points

(80 Points Maximum)

Cost

Attachment 13, Cost Worksheet

Each bidder’s cost score will be calculated based on the ratio of the lowest cost bid to the bidder’s cost, multiplied by the maximum number of cost points available

Total Cost Points

(80 Maximum)

Participation, Preference, and Incentive Programs, As Applicable

DVBE Incentive TBD upon evaluation

Small Business Preference TBD upon evaluation

Total Incentive Points

Total Points Summary Maximum Points

Possible

Points Scored

(Scored by SCO)

Bidder Desirable Qualifications 80

Cost 80

Total Maximum Points before applying Participation, Preference, and Incentive

Participation, Preference, and Incentives, as applicable TBD

Total Points Scored TBD

COMMENTS:

► End of Evaluation Worksheet ◄

D. Tie Break Process

In the event of a precise tie, if GC Section 14838(f) does not apply to the Bidders, a witnessed coin toss will be conducted by the Procurement Official. If a coin toss is needed, the Procurement Official will schedule and arrange for the coin toss and non-partisan witnesses, subsequently notifying the participating bidders of the outcome of the coin toss.

ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

Bidder’s Name: _____________________________________________________________ (Please print clearly or type)

Please initial in the “Submitted to SCO” next to each item that you are submitting to SCO. For your bid to be responsive, all required attachments must be returned. Further review is subject to SCO discretion. This checklist must be signed and returned with your bid package.

Requirement Description Submitted to SCO

Attachment 1 Required Attachment Checklist

Attachment 2 Bidder Certification Sheet

Attachment 3 Contractor Point of Contact

Attachment 4 Payee Data Record (STD 204) and Payee Data Record Supplement

(STD 205)*

Attachment 5 Bidder Declaration (Written) (GSPD-05-105)

Attachment 6 California Civil Rights Laws Certification (DGS OLS 04)

Attachment 7 Secretary of State Certification of Status*

Attachment 8 Disabled Veteran Business Enterprise (DVBE) Declarations (DGS PD 843)*

Attachment 9 Generative Artificial Intelligence (GenAI) Disclosure

Attachment 10 Bidding Preferences and Incentives

Attachment 11 Acknowledgement of Agreement Exhibits and Policies

Attachment 12 Contractor/Consultant Organization Information Security Agreement (ISO- 004c)

Attachment 13 Cost Worksheet

Additional Documents

California Certified Small/Micro Business Certification*

Additional Requirement

Copy of valid California city or county business license (if applicable); or an affidavit that the business is in good standing with the state, province, or country in which business is headquartered.

Requirement

Copy of valid current California Seller’s Permit

Additional Requirement

Copy of the Bidder’s and subcontractor(s) current ExoXpert Power Distribution certificate and UPS disposal certificate

Requirement

Copy of the Bidders or subcontractor(s) technician(s) current valid certificate related to electrical insulation systems, power distribution components, or digital transformation of electrical distribution.*

* Submit only if applicable.

Authorized Signature and Title Date

ATTACHMENT 2

BIDDER CERTIFICATION SHEET

Complete and return this attachment with the Bid package. An individual who is authorized to bind the bidding firm contractually shall sign the RFQ-ITS Attachment 2, Bidder Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. The Bidder certifies the following:

1. Our all-inclusive cost is submitted as detailed in Attachment 13, Cost Worksheet and all required attachments are included with this certification sheet.

2. The Bidder is a firm that has been in business for a minimum of three years, within the last five years, performing the type of services as those outlined in the Standard Agreement, Exhibit A. Scope of Work for other private or public entities.

3. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document.

The signature below authorizes the verification of this certification. An unsigned bidder certification sheet may be cause for rejection.

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as:

a. California Small Business

Yes No

If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No

If yes, enter your certification number below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked Yes.

Date application was submitted to OSDS, if an application is pending:

Completion Instructions for Bidder Certification Sheet

Complete the numbered items on the Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

9 Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13 Must be completed. These items are self-explanatory.

If certified as a California Certified SB/MB, place a check in the "Yes" box, and enter your certification number on the line. If you are not certified, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT 3

CONTRACTOR POINT OF CONTACT

Proposer’s Name: ________________________________________________

Please print clearly or type.

The contact person regarding this RFP is:

Name & Title:

Address:

Phone Number:

Fax Number

Cell Phone Number:

(optional)

E-Mail:

If awarded the Agreement, the Project Manager for services will be:

Address:

Phone Number: Fax Number

Cell Phone

If awarded the Agreement, direct all agreement inquiries to:

Address:

Phone Number: Fax Number

Cell Phone

If awarded the Agreement, the name of the company officer authorized to sign the Agreement is:

Address:

ATTACHMENT 4

PAYEE DATA RECORD (STD 204) AND PAYEE DATA RECORD SUPPLEMENT (STD 205)*

Payee Data Record (STD 204) is required and must be submitted.

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

*Only use Payee Data Record Supplement (STD 205) to provide a remittance address if different from the mailing address for information returns, or to make subsequent changes to the remittance address https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

ATTACHMENT 5

BIDDER DECLARATION (Written) (GSPD-05-105)

All bidders must complete and sign the Bidder Declaration (Written) (GSPD-05-105) and include it with the Bid.

When completing the declaration, bidders must identify all subcontractors proposed for participation in the Agreement. Bidders awarded an agreement are contractually obligated to use the subcontractors for the corresponding work identified unless SCO agrees to a substitution, and it is incorporated by amendment to the Agreement.

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

ATTACHMENT 6

California Civil Rights Laws Certification (DGS OLS 04) https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.pdf

ATTACHMENT 7

SECRETARY OF STATE CERTIFICATION OF STATUS*

Secretary of State Certification of Status is required if your company is a corporation, limited liability company (LLC), or limited partnership (LP). Required document(s) may be obtained at the following website:

https://bizfileonline.sos.ca.gov/

ATTACHMENT 8

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) DECLARATIONS (DGS PD 843)*

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

*Submit only if applicable.

NOTE: The fill and print forms are available at the links provided. Please email SCOBids@sco.ca.gov if you are unable to access the provided links. Attachments 4, 5, and 6 must be submitted with the Bid.

ATTACHMENT 9

GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE

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

Bidder must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance.

For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) 4986.2.

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

Upon notification by a Bidder of GenAI as required, the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

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

Bidder / Offeror must check the appropriate box from the choices below.

☐ Generative Artificial Intelligence (GenAI) will be used while providing services during the term of this agreement and may materially impact (check all that apply):

☐ Functionality of the system

☐ Risk to the State

☐ Contract performance

☐ Generative Artificial Intelligence (GenAI) will not be used while providing services during the term of this agreement.

Name of Bidder:

Signature and Date:

ATTACHMENT 10

BIDDING INCENTIVES AND PREFERENCES

THE BIDDER MUST COMPLETE ALL SECTIONS BELOW AND SUBMIT WITH ITS BID.

1. SMALL BUSINESS PREFERENCE:

Bidder must check the appropriate box from the choices below.

☐ I am a DGS certified Small Business and claim the Small Business Preference.

My DGS Small Business certification number is: _________________Expiration Date:__________

☐ I am not a DGS certified Small Business, but 25 percent or more of the revenue from the award will go to DGS certified Small Business subcontractors performing a Commercially Useful Function and therefore I am claiming the preference.

Bidder must complete and submit Attachment 5: Bidder Declaration (Written) (GSPD-05-105), indicating the percentage of the revenue that will be received by each DGS certified Small Business subcontractor.

☐ I am not claiming the DGS Small Business Preference.

2. DVBE INCENTIVE:

Bidder must check the appropriate box from the choices below.

☐ I am a DGS certified DVBE. A copy of Attachment 8, DVBE Declarations (DGS PD 843) form is attached.

☐ I am not a DGS certified DVBE, but a percentage of the revenue will be going to DGS certified DVBE Subcontractors performing a Commercially Useful Function, and therefore I am claiming the DVBE incentive.

Bidder must submit a complete Attachment 5: Bidder Declaration (Written) (GSPD-05-105), indicating the percentage of the revenue that will be received by each DGS certified DVBE subcontractor. Bidder must also submit an Attachment 8, DVBE Declarations (DGS PD 843) for each DVBE subcontractor, signed by the DVBE owner/manager.

☐ I am not claiming the DVBE incentive.

Name of Bidder:

Signature and Date:

ATTACHMENT 11

ACKNOWLEDGEMENT OF AGREEMENT EXHIBITS AND POLICIES

Complete and return a signed copy of this attachment with the Bid.

Exhibit Name

Exhibit A – Scope of Work

Exhibit B – Budget Detail and Payment Provisions

Exhibit B – Attachment 1, Cost Worksheet

Exhibit C – Information Technology General Provisions Non-Cloud Goods & Services DGS PD-403- ITGP Non-Cloud (Revised 2/20/2025) https://www.dgs.ca.gov/- /media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions- NonCloud-DGS-PD-403ITGP-Revised-02202025.pdf

Exhibit D, Special Terms and Conditions

The Bidder…