Energy Safety

IFB 25-1029

Fleet Vehicle Preventive Maintenance & Repair 3/9/2026

March 9, 2026

FLEET VEHICLE PREVENTATIVE MAINTENANCE, SERVICE & REPAIR

INVITATION FOR BID 25-1029

Notice to Prospective Bidders

The Office of Energy Infrastructure Safety (Energy Safety) invites you to review and respond to this Invitation for Bid (IFB) entitled IFB 25-1029. When submitting your Bid, you must comply with the instructions found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clause (CCC) that may be viewed and downloaded from the Department of General Services Office of Legal Services website (https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language).

Public Contract Code (PCC) section 10115 et seq. establishes a participation goal of at least 3% for Disabled Veteran Business Enterprise (DVBE). This goal applies to a state agency’s overall procurement program. State agencies have the discretion to apply the DVBE participation goal to individual purchases. Energy Safety elects to waive the DVBE program requirement for this solicitation but opts to include the DVBE incentive.

The final date for Bid submission is March 23, 5:00 Pacific Time (PT). Responses to this IFB no.25-1029 and any required copies must be submitted by email to the department contact noted below with the subject title “IFB-25-1029 Fleet Vehicle Preventative Maintenance & Repair”:

Bryson Grant, Procurement Analyst bryson.grant@energysafety.ca.gov

Please note that no verbal information given during the course of this solicitation will be binding upon Energy Safety unless such information is issued in writing as an official addendum.

Sincerely, Bryson Grant Procurement Analyst

Table of Contents

A. Purpose and Description of Services B. Bidder Minimum Qualifications C. Bid Requirements and Information

1. Key Action Dates

2. Agreement Term

3. Subcontractors

4. Submission of Bid

5. Bidder Questions

6. Evaluation and Selection

7. Award and Protest

8. Disposition of Bids

9. Agreement Execution and Performance

10. Declaration Forms

11. Small Business Enterprise (SBE)

12. Disabled Veteran Business Enterprise (DVBE) Participation Program Requirements 16

13. Commercially Useful Function (CUF) Questionnaire

14. Contractor Certification Clause

15. Darfur Contracting Act

16. Generative Artificial Intelligence (GenAI) Disclosure

17. Payee Data Record, STD 204

18. Federal Debarment Certification

19. Iran Contracting Act

20. California Civil Rights Laws Certification

21. Target Area Contract Preference Act (TACPA)

22. Insurance Requirements

Attachments and Exhibits Attachment 01 – Required Attachment Checklist Attachment 02 – Minimum Qualifications Certification Attachment 03 – Bid/Bidder Certification Sheet Attachment 04 – Rate Sheet Attachment 05 – Bidder References Attachment 06 – Subcontractor References (if applicable) Attachment 07 – Bidder Declaration, GSPD-05-105 Attachment 08 – DVBE Declarations, DGS PD 843 (if applicable) Attachment 09 – DVBE Subcontractor Agreement (if applicable) Attachment 10 – Commercially Useful Function Evaluation Form Attachment 11 – Contractor Certification Clause, CCC 04/2017 Attachment 12 – Darfur Contracting Act Certification, DGS PD 1

Attachment 13 – Payee Data Record, STD 204 Attachment 14 – California Civil Rights Laws Attachment, DGS OLS 04 Attachment 15 – Target Area Contract Preference Act, STD 830 Attachment 16 – Bidder’s Summary of Contract Activities and Labor Hours, DGS PD 526 Exhibit 1 – DVBE Program Requirements Exhibit 2 – Sample Agreement

Attachment 1

1. Purpose and Description of Services

The purpose of this Invitation for Bid (IFB) is for Energy Safety to obtain Bids from qualified contractors to provide preventative maintenance and as needed repairs for Energy Safety’s fleet of vehicles.

Exhibit 2: Sample Agreement, Exhibit A, Scope of Work provides a complete description of services requested in the IFB and Exhibit 2: Sample Agreement, Attachment A-1, has the list of 11 Ford vehicles with years and models.

Energy Safety utilizes a department owned fleet of vehicles to perform inspection services and safety assessments throughout the State of California. Energy Safety is requesting preventative maintenance services and as needed fleet vehicle maintenance services for the Sacramento office.

Energy Safety is looking for qualified contractors with service location, within 15 miles of Energy Safety’s Sacramento location 715 P Street, Sacramento, California 95814. Contractors must have the ability to keep vehicles for a minimum of three nights in a secured location.

2. Bidder Minimum Qualifications

Bidders must complete and return Attachment 2, Minimum Qualifications Certification, certifying that the Bidder satisfies the Minimum Qualifications and requirements. Bidders must include an explanation of how each required Minimum Qualification is met. This form must be signed by an individual who is authorized to bind the Bidder contractually. Failure to submit this form may cause the bid to be rejected. Minimum qualifications are as follows:

A. As of the final date for Bid submission, Bidder must have provided maintenance services for Fleet Vehicles for up to five years.

B. Bidder must have their service location within 15 miles of Energy Safety’s Sacramento Office, 715 P Street, Sacramento CA, 95814.

C. Bidder must have the ability to keep Energy Safety’s vehicles for a minimum three nights during preventative and ongoing maintenance. Energy Safety anticipates Bidder would be required to store no more than five vehicles at a time.

D. Bidder must be able to provide all services as described in Sample Agreement, Exhibit A.

E. Bidder must be a business entity authorized to do business in the State of California. A business license from the city or county in which the Bidder is headquartered must be submitted with the Bid. All businesses based in unincorporated areas are required to submit signed proof of “exempted” business license status from the city or county, if applicable.

F. Bidder’s corporation must be in good standing and qualified to conduct business in California. Energy Safety must verify this information with the California Secretary of State.

G. Bidder must have their principal place of business located in the United States and all personnel must reside and conduct services within the United States.

3. Bid Requirements and Information

A. Key Action Dates

Event Date Time

IFB Available to Prospective Bidders

March 9, 2026 11:00 A.M.

Final Date for Questions March 13, 2026 5:00 P.M.

Bid Submission Due Date March 23, 2026 5:00 P.M.

Public Bid Opening March 24, 2026 4:00 P.M

Bid Tabulation Posted March 25, 2026 By 5:00 P.M.

Notice of Intent to Award March 25, 2026 By 5:00 P.M.

Proposed Start Date of Agreement

April 6, 2026 8:00 A.M.

1. Bidders must adhere to all specified dates and times in the table above. Late submissions, questions, or requests may not be accepted.

2. Questions must be submitted by the Final Date for Questions to guarantee a response. All questions will be answered via an addendum that will be made available to all Bidders.

a. Written questions must include: the individual’s name, firm name, e-mail address and must be titled-25-1029 Fleet Vehicle Preventative Maintenance & Repair and emailed to Bryson.grant@energysafety.ca.gov.

3. All dates after the Bid Submission Due Date are approximate, and may be adjusted as conditions dictate, without a formal addendum to this IFB.

a. Agreement Term

The anticipated starting date of the resulting Agreement is April 6, 2026 or date of approval by Department of General Services (DGS), whichever is later, through a period of 24 months. Energy Safety may, at its discretion, exercise the option to extend the term of the Agreement for a period not to exceed 12 months and/or add funds to complete the identified tasks at the originally agreed upon services rates. Should performance commence before the Agreement is approved, such services may be considered voluntary and Energy Safety has no obligation to pay for that work.

b. Subcontractors

1. Any subcontractor that Bidder chooses to use in fulfilling the requirements of this IFB must also meet all the requirements of this IFB including the minimum qualifications. If Bidder proposes the use of a subcontractor, the Bidder must also submit a list of references, Attachment 2.1 Subcontractor Minimum Qualification Certifications, and Attachment 6, Subcontractor References, on behalf of the subcontractor.

2. Bidder must submit for the proposed subcontractor the required documentation, name(s) of the people or firm(s), qualifications of the proposed subcontractor, and specify the type of work the proposed subcontractor must be performing, Attachment 7, Bidder Declaration, GSPD-05-105.

3. If Bidder proposes the use of a Disabled Veteran Business Enterprise (DVBE) subcontractor, Bidder must also submit a completed Attachment 9, DVBE Subcontractor Agreement.

4. Bidder may not substitute any proposed subcontractor listed in the Bid without advance written consent of Energy Safety.

5. Nothing contained in this IFB no. 25-1029 or otherwise creates any contractual relationship between Energy Safety and any subcontractors, and no subcontractor must relieve the Bidder of its responsibilities and obligations hereunder. The Bidder agrees to be fully responsible to Energy Safety for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by subcontractor and directly employed by the Bidder. The Bidder’s obligation to pay its subcontractors is an independent obligation from the obligation of Energy Safety to make payments to the Bidder. As a result, Energy Safety will have no obligation to pay or to enforce the payment of any money to any subcontractor.

c. Submission of Bid

It is the responsibility of the Bidder to ensure Energy Safety receives delivery of all documents in full and in the order listed in Attachment 1, Required Attachment Checklist by the stated submission dates. Late receipt of a proposal will cause Energy Safety to deem Bidder non-responsive and Energy Safety may reject the Bid.

4.1. Email Submission

1. All documents must be electronically submitted and received by the Energy Safety contact identified below by the date and time shown in Section C.1, Key Action Dates. Submissions received after the deadline noted in Section C.1 may be deemed non-responsive. The email subject must be plainly marked with the IFB number, title, and your firm’s name, as shown in the example below:

Subject: IFB-25-1029 Fleet Vehicle Preventative Maintenance & Repair, Energy Safety, Bidder Name 1 of [XX]

Email: bryson.grant@energysafety.ca.gov

2. If the documents are too large to fit in one email, Energy Safety will accept multiple smaller emails in order for all documents to be submitted. If submitting in multiple emails, number the emails in the format of “1 of _” so Energy Safety is aware of how many emails to expect.

3. If submitting via multiple emails, submission of all documents must be received by Energy Safety by the date and time shown in Section C.1, Key Action Dates.

4. Bidders may contact only the individual identified above and must not contact other Energy Safety personnel for meetings, conferences, or technical discussion related to IFB no. 25-1029. No questions may be answered by other Energy Safety staff. If Bidders are discovered to have contacted other Energy Safety personnel, Energy Safety may reject their Bid.

5. Bid Opening will occur on the Bid Opening Date March, 11 2026 at 3:00 p.m.

Bidders may participate via Microsoft Teams:

https://teams.microsoft.com/meet/21676303700661?p=QnkpHBvAqcvweDnntK or via Teams phone conference by dialing 1-469-998-6045 Phone Conference ID: 394 321 103#. The Preliminary Bid Tabulation must be made available through a posting to the IFB no. 25-1029 event on (Cal eProcure) after Bid opening completion on the date and time listed in Section C.1, Key Action Dates.

6. All Bids must include documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper required attachments may be deemed non-responsive.

7. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. If applicable, the signature must indicate the title or position. Unsigned documents may cause the Bid to be rejected.

8. Bids must be submitted for the performance of all the services described herein.

Any deviation from the work specifications will not be considered and may cause a Bid to be rejected.

9. 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. Energy Safety may reject any or all Bids. Energy Safety may waive an immaterial deviation in a Bid. Energy Safety’s waiver of an immaterial deviation must in no way modify the IFB no. 25- 1029 document or excuse the Bidder from full compliance with all requirements if awarded the Agreement. Energy Safety reserves the right to reject all Bids. Energy Safety is not required to award an agreement.

a. Immaterial deviation is a deviation that can be of such minor concern that it carries little or no importance and has not affected the amount of the Bid and has not given the bidder an advantage or benefit not allowed to other bidders.

10. Costs incurred for developing Bids and in anticipation of award of the Agreement are entirely the responsibility of the Bidder and will not be charged to Energy Safety.

11. A Bidder may modify a Bid after its submission only before the Bid Submission Due Date and only by both withdrawing its original bid and resubmitting a new Bid.

Bidder modifications offered in any other manner, oral or written, will not be considered.

12. A Bidder may withdraw its bid by submitting a written withdrawal request to Energy Safety, signed by the Bidder or an authorized agent. Bids may not be withdrawn after the Bid Submission Due Date.

13. Energy Safety may modify the IFB prior to the date fixed for submission of Bids by the issuance of an addendum.

14. Before submitting a response to this solicitation, Bidders should review, correct all errors, and confirm compliance with the IFB no. 25-1029 requirements.

15. Energy Safety does not accept alternate Agreement language from a Bidder. A Bid with such language must be considered a counter proposal and will be rejected. The State’s General Terms and Conditions are not negotiable.

16. No oral understanding or agreement will be binding on either party.

5. Evaluation and Selection

a. One Bidder will be awarded as a result of this IFB.

b. At the time of the public Bid opening, each Bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB no. 25-1029.

c. Energy Safety will evaluate each Bid to determine its responsiveness to the published requirements.

d. Bids that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the Bidder may be rejected. If, in the opinion of Energy Safety, such information was intended to mislead Energy Safety in its evaluation of the Bid, the attribute, condition, or capability of a requirement of this IFB no. 25-1029, it may be the basis for rejection of the Bid.

e. The final selection will be made on the basis of the lowest responsive responsible Bidder as indicated in Attachment 4, Rate Sheet. In the event there are tie Bids by more than one responsive responsible Bidder, each Bidder will be contacted by Energy Safety regarding a date and time for a flip of a coin. The Bidder whose Bid was received first will make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of a coin. However, in the event of a tie between a certified SBE and a certified DVBE, the Agreement must be awarded to the DVBE Bidder.

f. One award, if made, will be to the lowest responsive, responsible Bidder.

Preferences, if applicable will be applied in accordance with IFB Section C.11, SBE, Section C.12, Disabled Veteran Business Enterprise (DVBE) Participation Program Requirements, and Section insert section reference, Target Area Contract Preference Act (TACPA).

g. At Energy Safety’s option, prior to award, Bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for Bid rejection.

h. The winning Bidder(s) may be required to submit evidence that they have available sufficient resources to meet the requirements of this IFB.

6. Award and Protest

a. Whenever an agreement is awarded under a procedure that provides for competitive bidding, but the Agreement is not to be awarded to the low Bidder, the low Bidder will be notified by email five working days prior to the award of the Agreement.

b. Upon written request by any Bidder, notice of the proposed award will be posted at least five working days prior to awarding the Agreement.

c. If any Bidder, prior to the award of the Agreement, files a written protest with the DGS, Office of Legal Services and Energy Safety on the grounds that the (protesting) Bidder is the lowest responsive responsible Bidder, the Agreement will not be awarded until either the protest has been withdrawn or DGS has decided the matter. Within five calendar days after filing the initial protest, the protesting Bidder must file with DGS and Energy Safety a detailed, written statement of protest, including the IFB number, the name of the State agency involved, the agency contact person, and must be submitted to both of the following:

Department of General Services Office of Legal Services 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Attention:

Protest Coordinator Email: OLSProtests@dgs.ca.gov

AND

Office Of Energy Infrastructure Safety 715 P Street, 15th Floor Sacramento, CA 95814 Attention: Tyler Morris Email: Tyler.Morris@energysafety.ca.gov

Protests may be sent by email, regular mail, courier, or personal delivery.

Protestants should include their email address if they have one.

7. Disposition of Bids

a. Upon Bid opening, all documents submitted in response to this IFB no. 25-1029 will become the property of the State of California and will be regarded as public records under the California Public Records Act (Gov. Code section 6250 et seq.)

and subject to review by the public.

8. Agreement Execution and Performance

a. Performance must start no later than five days, or on the date set by Energy Safety and the awarded Bidder, after all approvals have been obtained and the Agreement is fully executed. Should the awarded Bidder(s) fail to commence work at the agreed upon time, Energy Safety, upon five days written notice to the awarded Bidder, reserves the right to terminate the Agreement. In addition, the awarded Bidder must be liable to Energy Safety for the difference between the awarded Bidder’s Bid price and the actual cost of performing work by the second lowest Bidder or by another Bidder.

b. All performance under the Agreement must be completed on or before the termination date of the Agreement.

9. Declaration Forms

a. All Bidders must complete Attachment 7, Bidder Declaration, GSPD-05-105, and include it with the Bid response. 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 Energy Safety agrees to a substitution, and it is incorporated by amendment to the Agreement.

b. Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed Attachment 9, DVBE Declarations, DGS PD 843. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). If applicable, the completed form must be included with the Bid response.

10. Small Business Enterprise

a. SB regulations, located in the California Code of Regulations (CCR) (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et seq.), concerning the application and calculation of the SB preference, SB certification, responsibilities of SB, department certification, and appeals are revised, effective September 9, 2004. The new regulations can be viewed at the DGS Procurement Division website. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services (OSDS) at (916) 375-4940.

b. A 5% Bid preference is now available to a non-small business claiming 25% California certified SB subcontractor participation.

c. SB/NVSA prime Bidders meeting requirements specified in the Military and Veterans Code (MVC) section 999.50 et seq. and obtaining a California certification as a SB are eligible for the 5% SB preference if they have submitted a timely, responsive Bid and have been determined to be a responsible Bidder.

d. If claiming the SB Preference all Bidders must complete and include Attachment 7, Bidder Declaration, GSPD-05-105. If claiming the non-small business subcontractor preference, the form must list all of the California certified SBs with which you commit to subcontract in an amount of at least 25% of the net Bid price.

All certified SBs must perform a “commercially useful function” in the performance of the Agreement as defined in Gov. Code, section 14837(d)(4).

Bidders claiming the SB preference must be certified by California as a SB or must commit to subcontract at least 25% of the net Bid price with one or more California certified SBs. Completed certification applications and required support documents must be submitted to OSDS no later than 5:00 p.m. on the Bid due date, and the OSDS must be able to approve the application as submitted. SB/NVSA claiming the SB preference must possess certification by California prior to the day and time Bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

11. Disabled Veteran Business Enterprise (DVBE) Participation Program Requirements

a. Subject to exceptions in the Government Code and pursuant to regulations, State law requires awarding agencies to have an annual participation goal of 3% for disabled veteran-owned business enterprises.

b. For the purpose of this IFB, Energy Safety elects to waive the DVBE Program Requirements but opts to include the DVBE participation Resources and Information.

c. Commercially Useful Function (CUF) Definition

1. The term "DVBE contractor, subcontractor, or supplier" means any person or entity that satisfies the ownership (or management) and control requirements (CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.61(f)), is certified in accordance with CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.70, and provides services or goods that contribute to the fulfillment of the agreement requirements by performing a CUF (MVC, section 999(b)(5)(B) and CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.71. A DVBE contractor, subcontractor, or supplier is considered performing a CUF when it meets the following criteria:

(1) is responsible for the execution of a distinct element of the work of the Agreement; (2) carries out its obligation by actually performing, managing, or supervising the work involved; (3) performs work that is normal for its business services and functions; (4) is responsible, with respect to products, inventories, materials, and supplies required for the Agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and (5) not further subcontracting a greater portion of the work than would be expected by normal industry practices.

d. Commitment

1. Non-DVBE Bidder

Commit to using certified DVBE(s) for at least 3% of the Agreement Bid amount to receive DVBE participation incentive.

a. Non-DVBE Bidder must document the DVBE participation commitment by completing and submitting all the following documents with their Bid:

1. Attachment 7, Bidder Declaration, GSPD-05-105, included in this solicitation. Failure to complete and submit Attachment 7, Bidder Declaration, GSPD-05-105 may render your Bid non-responsive.

2. Attachment 9, DVBE Subcontractor Agreement, included in this solicitation. Bidder must submit a completed DVBE Subcontractor Agreement for each DVBE subcontractor identified in their Bid. Only the Bidder must fill out this Agreement and either mail, fax, or email the Agreement to the selected DVBE(s) for signature. Failure to submit an Attachment 9, DVBE Subcontractor Agreement for each DVBE subcontractor identified may render Bid non- responsive. Each DVBE Subcontractor Agreement will include: the term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, the percentage of the entire agreement that will be awarded to the DVBE (minimum 3% unless otherwise specified within this solicitation), and the description of services and/or goods to be performed/supplied by the DVBE subcontractor. If further verification is necessary, the state will obtain additional information to verify the above requirements.

3. Proof of DVBE certification for each DVBE subcontractor identified on the Attachment 7, Bidder Declaration, GSPD-05-105 via a printout from DGS OSDS Cal eProcure website.

2. Certified DVBE Bidder

Commit to performing at least 3% of the Contract Bid amount with the prime Bidder’s firm or in combination with other DVBE(s).

a. Certified DVBE Bidder must document the DVBE participation commitment by completing and submitting all of the following documents with their Bid:

1. Attachment 7, Bidder Declaration, GSPD-05-105, included in this solicitation. Failure to complete and submit Attachment 7, Bidder Declaration, GSPD-05-105 may render Bid non-responsive.

2. Attachment 8, DVBE Declarations, DGS PD 843, included in this solicitation. Failure to complete and submit Attachment 8, DVBE Declarations, DGS PD 843 may render Bid non-responsive.

3. Attachment 9, DVBE Subcontractor Agreement, included in this solicitation (only applicable if you intend to utilize a DVBE subcontractor).

Bidder must submit a completed DVBE Subcontractor Agreement for each DVBE subcontractor identified in their Bid. Only the Bidder must fill out this Agreement and either mail, fax, or email the Agreement to the selected DVBE(s) for signature. Failure to submit an Attachment 9, DVBE Subcontractor Agreement for each DVBE subcontractor identified may render your Bid non-responsive. Each DVBE Subcontractor Agreement will include: the term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, the percentage of the entire agreement that will be awarded to the DVBE (minimum 3% unless otherwise specified within this solicitation), and the description of services and/or goods to be performed/supplied by the DVBE subcontractor. If further verification is necessary, the state will obtain additional information to verify the above requirements.

4. Proof of DVBE certification via a printout from DGS OSDS Cal eProcure website.

e. Replacement of DVBE Subcontractor(s)

Bidder understands and agrees that should award of the agreement be based in part on their commitment to use the DVBE subcontractor(s) identified in their Bid, per MVC section 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by DGS. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the Contractor’s Bid and approved DVBE substitutions will be documented via a agreement amendment.

Failure of contractor to seek a substitution and adhere to the DVBE participation level identified in their Bid may be cause for contact termination, recovery of damages under rights and remedies due to Energy Safety, and penalties outlined in MVC section 999.9, and PCC section 10115.10, or PCC section 4110 (applies to public works only).

f. DVBE Participation Reporting Requirements

If for the agreement, the awarded contractor makes a commitment to achieve DVBE participation, then the awarded contractor must, within 60 days of receiving final payment under the agreement (or within such other time period as may be specified elsewhere in the agreement), certify the following in a report to Energy Safety: (1) the total dollar amount the prime contractor received under the agreement; (2) the name and address of the DVBE(s) that participated in the performance of the agreement; (3) the total dollar amount each DVBE received from the prime contractor; (4) that all payments under the contact have been made to the DVBE(s);

and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information must be subject to a civil penalty for each violation (MVC section 999.5 (d)).

g. For more information about the DVBE incentive refer to Exhibit (1) DVBE Program Requirements.

h. In accordance with Senate Bill 588, effective January 1, 2021, the Department must withhold $10,000, or the full payment if it is less than $10,000 from the final payment on a agreement until that certification is received by the awarding department within 60 calendar days after the expiration date of the Agreement. If the Contractor fails to meet those certification requirements, the Contractor may be granted 15 to 30 calendar days to cure the defect. If the Contractor does not comply with the requirement, the awarding department must permanently deduct $10,000 from the final payment, or the full payment if it is less than $10,000 from a agreement with the Contractor who does comply with those requirements within the specified period.

12. Commercially Useful Function (CUF) Questionnaire

DGS Procurement Division is the entity responsible for statewide implementation of SB/DVBE program regulations resulting from legislative mandates passed into law.

Under the Government Code and MVC any California certified SB, Micro Business or DVBE Suppliers doing business with the state must perform a CUF. Subsequently, each department’s buyer is held responsible for its CUF compliance procedures and evaluation of a Bidder’s activities in response to department solicitations. This applies to Suppliers responding to the department’s solicitations whether prime or subcontractor.

CUF must be established prior to making final agreement or purchase order award.

All SB and DVBE applicants must include the completed Attachment 10, Commercially Useful Function Evaluation Form with their submittal.

13. Contractor Certification Clause

Bidder must submit with the Bid, a completed Attachment 11, Contractor Certification Clause, CCC 04/2017, signed by an individual authorized to legally bind the prospective Bidder to the clauses listed within the certification.

14. Darfur Contracting Act

All Bidders must address the requirements of Attachment 12, Darfur Contracting Act Certification, DGS PD 1, for the reason described in PCC section 10475-10481. Any scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for agreement with a state agency for goods or services. A scrutinized company is defined in PCC Section 10476. However, Bids may be submitted by scrutinized companies if permission is obtained first from DGS according to the criteria set forth in PCC section 10477(b).

15. Generative Artificial Intelligence (GenAI) Disclosure

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies. Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to Energy Safety; 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 Energy Safety, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” must have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for Genai.

Failure to report GenAI to Energy Safety may result in disqualification. Energy Safety reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure. Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final agreement or reject Bids/offers that present an unacceptable level of risk to the State.

Code 11549.64 defines “Generative Artificial Intelligence” 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.

16. Payee Data Record, STD 204

Bidders must complete and return Attachment 13, Payee Data Record, STD 204 to indicate the full business name as it should be reflected on the proposed Agreement (if awarded). If the Bidder is using a Doing Business As (DBA) name, this name should also be reflected on Attachment 13, Payee Data Record, STD

204. This form must be signed by an individual who is authorized to sign Attachment 13, Payee Data Record, STD 204 on behalf of the Bidder.

17. California Civil Rights Laws Certification

Prior to bidding on, submitting a proposal or executing an agreement or renewal for a State of California agreement over $100,000 on or after January 1, 2017, the bidder or proposer must complete Attachment 14, California Civil Rights Laws Attachment, DGS OLS 04 to certify compliance with the Unruh Civil Rights Act Civ. Code § 51, et seq.) and the Fair Employment and Housing Act (Gov. Code § 12960) by completing and submitting the Attachment 14, California Civil Rights Laws Attachment, DGS OLS 04; and if Bidder has an internal policy against a sovereign nation or peoples recognized by the United States government, the Bidder certifies that such policies are not used in violation of the Unruh Civil Rights Act (Civ. Code § 51 , et seq.) or the Fair Employment and Housing Act (Gov. Code § 12960).

18. Target Area Contract Preference Act (TACPA)

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

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

California based companies seeking TACPA preferences must complete and submit Attachment 15, Target Area Contract Preference Act, STD 830 and Attachment 16, Bidder’s Summary of Contract Activities and Labor Hours, DGS PD 526 preference request forms with the Bid. The Request Target Area Contract Preference page contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone.

c. By submitting TACPA forms, a Bidder given a TACPA preference agrees to the TACPA agreement provisions required by Government Code section 4535 and provided in section 1896.40 of Title 2 of the CCR in addition to requirements specified on Attachment 15 Target Area Contract Preference Act, STD 830.

d. If a Bidder has submitted the completed TACPA request forms, Attachment 15, Target Area Contract Preference Act, STD 830 and Attachment 16, Bidder’s Summary of Contract Activities and Labor Hours, DGS PD 526 with its Bid, and all IFB requirements are met, a preference of up to 5% may be added to the responsive responsible Bidder’s score for this IFB.

19. Insurance Requirements

Prior to award of Agreement, the awarded Bidder may be requested by Energy Safety to provide proof of insurance in accordance with Exhibit 2, Sample Agreement, Exhibit D, Additional Provisions. Upon execution of the awarded Agreement(s), awarded Contractor must provide to Energy Safety, at their own expense, an endorsed certificate of insurance:

a. Commercial General Liability – Bidder must maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate.

The policy must include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured Agreement. This insurance must apply separately to each insured against whom claim is made or suit is brought subject to the Bidder’s limit of liability.

The policy must include Energy Safety, State of California, its officers, agents, employees, and servants as additional insureds, but only with respect to work performed under the Agreement.

This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. In the case of Bidder’s utilization of subcontractors to complete the contracted scope of work, Bidder must include all subcontractors as insureds under Bidder’s insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Bidder.

b. Professional Liability – Bidder must maintain professional liability covering any damages caused by a negligent error, act, or omission with limits of not less than $1,000,000 per occurrence and $3,000,000 policy aggregate. The policy’s retroactive date must be shown on the certificate of insurance and must be before the date this Agreement was executed or before the beginning of Agreement work.

c. General Provisions Applying to All Insurance Policies

1. Coverage Term – Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least 10 days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the Agreement.

2. Policy Cancellation/Termination and Notice of Non-Renewal – Bidder must provide to the State within five business days a copy of any notice of Cancellation/Termination or Non-renewal received by Bidder for any of the required insurance policies. In the event the Bidder fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

3. Deductible – Bidder is responsible for any deductible or self-insured retention contained within their insurance program.

4. Primary Clause – Any required insurance contained in this Agreement must be primary, and not excess or contributory, to any other insurance carried by the State.

5. Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Bidder is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

6. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

7. Inadequate Insurance – Inadequate or lack of insurance does not negate the awarded Bidder’s obligations under the resulting Agreement

Attachment 1 Required Attachment Checklist

A complete Bid or Bid package will consist of the items identified below.

Complete this checklist to confirm the items in your Bid. Using the “Bidder Certification” column, place a check mark or “X” next to each item that you are submitting to Energy Safety. Energy Safety staff will use the shaded “Energy Safety Verification” column to confirm receipt of all required documents. For your Bid to be responsive, all required attachments must be submitted. This checklist must be returned with Bid package.

Attachment Name/Description Bidder

Certification Energy Safety Verification

1. Submitted Attachment 1, Required Attachment Checklist Yes Yes

No

2. Submitted Attachment 2, Minimum Qualifications Certification Yes Yes

No

3. Submitted Attachment 3, Bid/Bidder Certification Sheet signed by an individual authorized to bind the Bidder contractually.

a. If Small Business or Disabled Veteran Business Enterprise certified, submitted a copy of Department of General Services certification Yes

Yes Yes

No

4. Submitted Attachment 4, Rate Sheet Yes Yes

No

5. Submitted Attachment 5, Bidder References Yes Yes

No

6. Submitted Attachment 6, Subcontractor References, if applicable Yes

N/A Yes

No

N/A

7. Submitted Attachment 7, Bidder Declaration, GSPD-05-105 Yes Yes

No

8. Submitted Attachment 8, Disabled Veteran Business Enterprise Declarations, STD 843

Yes N/A

Yes

No

N/A

Attachment Name/Description Bidder

Certification Energy Safety

Verification

9. Submitted Attachment 9, DVBE Subcontractor Agreement, if applicable

Yes N/A

Yes

No

N/A

10. Submitted Attachment 10, Commercially Useful Function Evaluation Form, if applicable

Yes N/A

Yes

No

N/A

11. Submitted Attachment 11, Contractor Certification Clause, CCC 04/2017

Yes Yes

No

12. Submitted Attachment 12, Darfur Contracting Act Certification DGS

PD 1

Yes Yes

No

13. Submitted Attachment 13, Payee Data Record, STD 204 Yes Yes

No

14. Submitted Attachment Select One, California Civil Rights Laws Attachment, DGS OLS 04, if applicable

Yes N/A

Yes

No

N/A

15. Submitted Attachment Select One, Target Area Contract Preference Act, STD 830, if applicable

Yes

N/A Yes

No

N/A

16. Submitted Attachment Select One, Bidder’s Summary of Contract Activities and Labor Hours, DGS PD 526, if applicable

Yes N/A

Yes

No

N/A

17. Is the Bidder’s corporation in good standing and qualified to conduct business in California as verified by the Secretary of State?

Yes No

Yes No

18. As applicable, submitted a copy of the appropriate business license for the city or county which Bidder will be performing business. All businesses based in unincorporated areas are required to submit signed proof of “exempted” business license status from the city or county, if applicable.

Yes N/A

Yes No N/A

Signature of Energy Safety Contract Analyst Date

Signature of Energy Safety Contract Manager Date

Energy Safety Use Only

Comments/Notes:

Attachment 2 Minimum Qualifications Certification

As required in the IFB, section C, Minimum Qualifications, Bidder must complete and return this Certification, along with written evidence of how each qualification is met. All required fields must be completed to satisfy this requirement. Additional rows may be added, if necessary.

Evidence of Minimum Qualifications:

A. Provide evidence of ability to meet Minimum Qualifications by completing the table below.

All requested fields must be completed in order to satisfy this Minimum Qualification.

1. As of the final date for proposal submission, Bidder must have at least five years of continuous experience providing ongoing and as needed fleet vehicle maintenance services as described in Exhibit 2, Sample Agreement, Exhibit A.

Note: If Bidder has performed similar services with a California State Agency or California Public Agency, they must be noted below.

Entity Name Brief Description of

Service Years of Experience

(MM/YY – MM/YY)

MM/YY - MM/YY

MM/YY - MM/YY

B. Must have their service location within 15 miles of Energy Safety Sacramento location 715 P Street, Sacramento, CA 95814. Please list service location below (Street, City, State, Zip Code):

a. ___________________________________________________

C. Provide evidence of ability to meet Minimum Qualification by completing the check box below and completing the table below as applicable. All requested fields must be completed in order to satisfy this Minimum Qualification.

1. Must have the ability to keep Energy Safety’s vehicles for a minimum of three nights.

a. Bidder certifies that it has the facilities to keep Energy Safety’s vehicles for a minimum of three nights securely.

D. Must be able to provide all services described in Exhibit, Sample Agreement, Exhibit A.

E. Provide evidence of ability to meet Minimum Qualification by completing the check box below and completing the table below as applicable. All requested fields must be completed in order to satisfy this Minimum Qualification.

1. Bidder must be a legal business entity authorized to do business in the State of California. A business license from the city or county in which the Bidder is headquartered must be submitted with the proposal. All businesses based in unincorporated areas are required to submit signed proof of “exempted” business license status from the city or county, if applicable.

a. Bidder certifies that it is a legal business entity authorized to do business in the State of California and has submitted the business license from the city/county in which the Bidder’s California-based office(s) are located.

Business License Number License Issue Date

License Expiration

b. Bidder certifies that it is a business entity authorized to do business in the State of California, is based in an unincorporated area, and has submitted signed proof of “exempted” business license status from the city or county, if applicable.

F. Provide evidence of ability to meet Minimum Qualification C.3 by completing table below.

All requested fields must be completed in order to satisfy this Minimum Qualification.

1. Bidder’s corporation must be in good standing and qualified to conduct business in California. Energy Safety must verify this information with the California Secretary of State (SOS).

SOS Entity File Number SOS Status

G. Provide evidence of ability to meet Minimum Qualification D4 by completing the table below. All requested fields must be completed in order to satisfy this Minimum Qualification.

1. Bidder’s must have their principal place of business located in the United States and all personnel must reside and conduct services within the United States.

Principal Business Address (Street, City, State, Zip Code)

Bidder certifies this response fulfills the minimum qualifications outlined by signing below.

Authorized Signature

Name of Firm

Name and Title (Please Print)

Attachment 2.1 Subcontractor Minimum Qualifications Certification (If Applicable)

As required in the IFB, section C, Minimum Qualifications, the Subcontractor must complete and return this Certification, along with written evidence of how each qualification is met if Subcontractor is being used to meet Minimum Qualifications. All required fields must be completed to satisfy this requirement. Additional rows may be added, if necessary.

Evidence of Minimum Qualifications:

A. Provide evidence of ability to meet Minimum Qualifications by completing the table below.

All requested fields must be completed in order to satisfy the Minimum Qualifications.

1. As of the final date for proposal submission, Bidder must have at least five years of continuous experience providing ongoing and as needed fleet vehicle maintenance services as described in Exhibit 2, Sample Agreement, Exhibit A.

Note: If Bidder has performed similar services with a California State Agency or California Public Agency, they must be noted below.

Entity Name Brief Description of

Service Years of Experience

(MM/YY – MM/YY)

MM/YY - MM/YY

MM/YY - MM/YY

B. Must have their service location(s) within 15 miles of Energy Safety’s Sacramento office, 715 P Street, Sacramento, CA 95814:

a. ___________________________________________________

C. Provide evidence of ability to meet Minimum Qualifications by completing the appropriate check box below and completing the table below as applicable. All requested fields must be completed in order to satisfy the Minimum Qualifications.

1. Must have the ability to keep Energy Safety’s vehicles for a minimum of three nights.

a. Bidder certifies that it has the facilities to keep Energy Safety’s vehicles for a minimum of three nights securely.

D. Must be able to provide all services described in Exhibit, Sample Agreement, Exhibit A.

E. Provide evidence of ability to meet Minimum Qualification by completing the check box below and completing the table below as applicable. All requested fields must be completed in order to satisfy the Minimum Qualifications.

1. Bidder must be a legal business entity authorized to do business in the State of California. A business license from the city or county in which the Bidder is headquartered must be submitted with the proposal. All businesses based in unincorporated areas are required to submit signed proof of “exempted” business license status from the city or county, if applicable.

a. Bidder certifies that it is a legal business entity authorized to do business in the State of California and has submitted the business license from the city/county in which the Bidder’s California-based office(s) are located.

b. Bidder certifies that it is a business entity authorized to do business in the State of California, is based in an unincorporated area, and has submitted signed proof of “exempted” business license status from the city or county, if applicable.

F. Provide evidence of ability to meet Minimum Qualification C.3 by completing table below.

All requested fields must be completed in order to satisfy this Minimum Qualification.

1. Bidder’s corporation must be in good standing and qualified to conduct business in California. Energy Safety must verify this information with the SOS.

G. Provide evidence of satisfaction of Minimum Qualification D4 by completing the table below. All requested fields must be completed in order to satisfy this Minimum Qualification.

1. Bidder’s must have their principal place of business located in the United States and all personnel must reside and conduct services within the United States.

Principal Business Address (Street, City, State, Zip Code)

A.…