Event_ID_0000000669_Solicitation.pdf

IMPORTANT NOTICE TO ALL

BIDDERS

Solicitation No. Event ID: 0000000669

This solicitation/acquisition is being conducted under Public Contract Code § 12125, et seq., the Alternative Protest Process.

Submission of a bid constitutes consent of the bidder for participation in the Alternative Protest Process.

Any protests filed in relation to the proposed contract award shall be conducted under the procedures in this document for the Alternative Protest Process.

Any bidder wishing to protest the proposed award of this solicitation must submit a written Notice of Intent to Protest (facsimile acceptable) to the Coordinator before the close of business on the last day of the protest period, which will be established in the Notice of Intent to Award. Failure to submit a timely, written Notice of Intent to Protest waives the bidder’s right to protest.

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Voice: (916) 375-4587 Fax: (916) 376-6226

INVITATION FOR BID

Event ID: 0000000669

Tablets

March 23, 2016

State of California

Procurement Division 707 Third Street

West Sacramento, CA 95605

Department of General Services Tablets Procurement Division Event ID: 0000000669

Table of Contents

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TABLE OF CONTENTS

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Section Section Title Page 1 Introduction and Overview of Requirements 1-1

1.1 Purpose of this Invitation for Bid 1-2

1.2 Scope of the IFB and Bidder Admonishment 1-3

1.3 Availability 1-3

1.4 Procurement Official 1-3

1.5 Key Action Dates 1-4

1.6 Intention to Bid 1-5

1.7 Americans with Disabilities Act (ADA) 1-5

1.8 Environmentally Preferable Purchasing (EPP) Policy 1-6

1.9 Question Period after Addenda or Q& A Set 1-6

2 Rules Governing Competition 2-1

2.1 Identification and Classification of IFB Requirement 2-2

2.1.1 Requirements 2-2

2.1.2 Desirable Items 2-2

2.2 Bidding Requirements and Conditions 2-2

2.2.1 General 2-2

2.2.2 IFB Documents 2-2

2.2.3 Examination of the Work 2-3

2.2.4 Questions Regarding the IFB 2-3

2.2.5 Request to Change the Requirements of the IFB 2-3

2.2.6 Bidders’ Conference 2-4

2.2.7 Supplier’s Intention to Submit a Bid 2-4

2.2.8 Addenda 2-4

2.2.9 Bonds 2-5

2.3 Bidding Steps 2-5

2.3.1 General 2-5

2.3.2 Final Phase 2-5

2.3.2.1 Draft Bid 2-5

2.3.2.2 Final Bid 2-6

2.3.3 Public Record 2-6

2.3.4 Submission of Proposals 2-6

2.3.4.1 Preparation 2-6

2.3.4.2 Bidder’s Cost 2-6

2.3.4.3 Completion of Proposals 2-6

2.3.4.4 False or Misleading Statements 2-7

2.3.4.5 Signature of Bid 2-7

2.3.4.6 Delivery of Bids 2-7

2.3.4.7 Withdrawal and Resubmission/Modification of Bids 2-8

2.3.4.8 Joint Bids 2-8

2.3.5 Rejection of Bids 2-8

2.3.6 Evaluation and Selection Process 2-8

2.3.6.1 General 2-8

2.3.6.2 Evaluation Questions 2-8

2.3.6.3 Errors in the Final Bids 2-8

2.3.6.3.1 Option – State Corrects Errors on Established Intent 2-9

2.3.6.3.2 Option – State Corrects Errors on Obvious Clerical Errors 2-9

2.3.6.3.3 Option – State Corrects Discrepancy and Arithmetic Errors 2-9

2.3.6.3.4 Option – State Corrects Errors of Omission 2-9

2.3.6.3.5 Option – State Rejects or Recomputes Costs 2-9

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2.3.6.3.6 Option – State Declares the Final Bid to be a Draft Bid 2-10

2.3.7 Award of Contract 2-10

2.3.8 Debriefing 2-11

2.4 Contractual Information 2-11

2.4.1 Contract Form 2-11

2.4.2 Specific Terms and Conditions 2-11

2.4.3 Term of Contract 2-11

2.5 Other Information 2-11

2.5.1 Alternative Protest Process 2-11

2.5.2 Disposition of Bids 2-12

3 Current System 3-1

3.1 Current Purchasing 3-2

3.2 No Conflict Between Contracts 3-2

4 Proposed System 4-1

4.1 Overall Goal 4-2

4.2 Overview of Proposed System Requirements 4-2

4.2.1 Contractor Responsibility 4-2

4.2.2 Scope 4-2

4.2.2.1 Products 4-2

4.2.2.2 Core Items 4-2

4.2.2.3 Non-Core Items 4-2

4.2.2.4 Value Added Services (VAS) 4-3

4.2.2.5 Refresh 4-3

4.2.3 Pricing 4-3

4.2.3.1 Price Structure 4-3

4.2.3.1.1 OEM Price List(s) 4-3

4.2.3.2 Price Declines 4-3

4.2.3.3 Promotional Pricing 4-4

4.2.3.4 Price Adjustments 4-4

4.2.4 Product Catalogs 4-4

4.2.5 Ordering 4-4

4.2.6 Delivery 4-4

4.2.7 Environmentally Preferred Purchasing 4-4

4.2.7.1 Environmentally Preferable Purchasing Requirements 4-4

4.2.7.2 Take Back/Trade-In 4-4

5 Administrative Requirements 5-1

5.1 Introduction 5-2

5.2 Responses to Administrative Requirements 5-2

5.3 Designation of Requirements 5-2

5.4 Administrative Requirements 5-3

5.4.1 Customer Reference 5-3

5.4.2 Bidder Responsibility 5-4

5.4.2.1 Authorized Reseller 5-4

5.4.2.2 Insurance Requirements 5-4

5.4.3 Confidentiality 5-5

5.4.4 Contractor Responsibility 5-5

5.4.5 Contractor Name Change 5-5

5.4.6 Bidder Declaration 5-5

5.4.6.1 Subcontractors 5-6

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5.4.6.2 SB/DVBE Participation Commitment Requirement 5-6

5.4.6.3 Commercially Useful Function 5-6

5.4.6.4 Subcontractors CUF Requirements 5-7

Table

5.4.6.4.1 Subcontractor Task Allowances 5-7

5.4.6.5 Notice of Subcontractors 5-8

5.4.7 California Disabled Veteran Business Enterprise (DVBE) Program

Requirement 5-8

5.4.8 Bidder Declaration 5-8

5.4.9 SB/DVBE Option Off-Ramp Provision 5-8

5.4.10 Payee Data Record 5-9

5.4.11 Seller’s Permit 5-9

5.4.12 Contract Terms 5-9

5.4.13 Non-Discrimination Toward WTO GPA Signatories 5-9

5.4.14 American Recovery and Reinvestment Act 5-9

5.4.15 Plastic Trash Bag Certification Violations 5-10

5.4.16 Loss Leader 5-10

5.4.17 Darfur Contracting Act 5-10

5.4.18 Federal Debarment, Suspension, Ineligibility, and Voluntary Exclusion 5-11

5.4.19 Post-Consumer Recycled Content Certification 5-11

5.5 Preferences and Incentives 5-11

5.5.1 Small Business Preference 5-12

5.5.2 DVBE Incentive 5-12

5.5.3 Target Area Contract Preference Act (TACPA) Preference 5-12 6 Technical Requirements 6-1

6.1 Introduction 6-2

6.1.1 Tablet Silos 6-2

6.1.2 Statement of Work 6-2

6.2 Response to Technical Requirements 6-2

6.3 Designation of Requirements 6-2

6.3.1 Mandatory (M) Requirements 6-2

6.3.2 Mandatory Scored (MS) Requirements 6-3

6.3.3 Non-Mandatory (NM) Requirements 6-3

6.3.4 Non-Mandatory Scored (NMS) Requirements 6-3

6.3.5 Narrative Response (NR) Required 6-3

6.3.6 Exhibit (E) Required 6-3

6.4 Product Categories 6-4

6.4.1 Proposed Products 6-4

6.4.2 Contract Products 6-5

6.4.3 Value Added Services 6-5

6.4.4 Product Substitutions/Discontinued Items 6-6

6.4.4.1 Product Refresh 6-6

6.4.5 Technical Literature Content 6-7

6.5 Software Products 6-7

6.5.1 Systems Operating Software 6-7

6.5.2 Unspecified Subordinate Product 6-8

6.5.3 Additional Software Products 6-8

6.5.4 Related Software 6-8

6.5.5 Title (Software/Firmware) 6-8

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6.6 Warranty 6-9

6.6.1 Warranty 6-9

6.6.2 Quality Assurance Guarantees 6-10

6.6.3 Equipment Replacement During Warranty 6-10

6.6.4 Principal Period of Maintenance (PPM) - Warranty 6-10

6.6.4.1 PPM – Business Class Tablets 6-11

6.6.4.2 PPM – Commercial Grade Tablets 6-11

6.6.5 Accidental Damage Plan 6-12

6.6.6 Service Escalation Plan 6-12

6.7 Contract Pricing 6-12

6.7.1 Pricing 6-12

6.7.2 Promotional Pricing 6-12

6.7.3 Price Adjustments 6-13

6.7.4 Price Location 6-13

6.8 Environmentally Preferable Purchasing Requirements 6-14

6.8.1 California RoHS Compliance 6-14

6.8.2 Flame Retardants 6-14

6.8.3 Energy Star Certification 6-14

6.8.4 Electronic Product Environment Assessment Tool (EPEAT) 6-14

6.9 Section 508 Accessibility Standard 6-15

6.9.1 Accessibility Compliance/VPAT 6-15

6.10 Electronic Catalog/Contract Website 6-15

6.10.1 Electronic Catalog/Contract Website 6-15

6.10.2 Electronic Catalog/Contract Website Contents 6-16

6.10.3 Contract Website Content Approval 6-16

6.10.4 Contractor Website Maintenance 6-16

6.10.5 Pre-Order Configuration Consultation (Offer Generation) 6-16

6.10.5.1 Offer Format 6-17

6.11 Ordering 6-18

6.11.1 Order Acceptance 6-18

6.11.2 Purchase Execution 6-18

6.11.3 Purchase Order Data Elements 6-18

6.11.4 Minimum Order 6-19

6.11.5 Ordering Methods 6-19

6.11.6 Order Acknowledgement 6-19

6.11.7 Out-of-Stock Item Remedy 6-19

6.11.8 Discontinued Item Remedy 6-20

6.12 Delivery 6-20

6.12.1 Delivery Locations 6-20

6.12.2 Delivery Schedules 6-21

6.12.3 Installation 6-21

6.12.4 Security Requirements for Institutions 6-21

6.12.5 Free on Board (F.O.B.) Destination 6-21

6.12.6 Packing Slip 6-22

6.12.7 Packaging Label 6-22

6.12.8 Recyclable Packaging 6-22

6.12.9 Toxics in Packaging 6-23

6.12.10 Pallets 6-23

6.12.11 Hazardous Materials Documentation 6-23

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6.13 Take Back/Trade-In Program(s) 6-24

6.13.1 Take Back Program 6-24

6.13.2 Trade-In Program 6-24

6.13.3 Distribution Plan 6-25

6.14 Quality Assurance 6-25

6.14.1 Return Policy 6-25

6.14.2 Credit Policy 6-26

6.14.3 Restocking Fees 6-26

6.14.4 Product Recall Procedures 6-26

6.15 Invoicing/Payment 6-27

6.15.1 Invoicing 6-27

6.15.2 CAL-Card Invoicing 6-27

6.15.3 Payment 6-28

6.15.4 Local Governmental Agencies Incentive Fee and Reporting

Requirement 6-28

6.16 Reporting 6-29

6.16.1 Contract Usage Report 6-29

6.16.2 Local Business Activity Report 6-29

6.16.3 Subcontractor Participation Report 6-30

6.16.4 Aging Debt Report 6-30

6.16.5 Ad Hoc Reporting 6-30

6.16.6 Data Elements 6-30

6.17 Contract Management 6-31

6.17.1 State Contract Administrator 6-31

6.17.2 Contractor Contract Manager 6-31

6.17.3 Customer Service 6-31

6.17.4 Problem Resolution 6-32

6.17.5 Escalation Process 6-32

6.17.6 Joint Outreach 6-32

6.17.7 Promotional Materials 6-32

6.17.8 Performance Service Level 6-32

6.17.9 Transition Plan at End of Contract 6-33

6.18 Contract Implementation 6-33

6.18.1 Draft Implementation Plan 6-33

6.18.2 Implementation Plan 6-33

6.18.3 Implementation Timeline 6-33

6.19 Contract Termination/Expiration 6-34

6.19.1 System Termination 6-34

7 Cost 7-1

7.1 Introduction 7-2

7.2 Cost Information Guidelines 7-2

7.2.1 Structure of Exhibit 11.28 Worksheets 7-2

7.2.1.1.1 Evaluation Model Tab 7-2

7.2.1.1.2 Cost Worksheet Tab 7-2

7.2.2 Quantities 7-2

7.2.3 Required Information 7-3

7.2.4 Contract Discounts 7-3

7.2.5 Pricing/Discount Format 7-3

7.2.6 Sample 7-3

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7.2.7 Sales Tax 7-3

7.3 Cost Worksheet 7-3

7.3.1 Download and Save 7-3

7.3.2 Cost Worksheet Instructions 7-4

7.3.3 Exhibit 11.28, Cost Worksheet Data 7-4

7.4 Cost Submittal 7-5

8 Proposal Format 8-1

8.1 Introduction 8-2

8.2 Final Proposal Format and Content 8-2

8.2.1 Volume I - Response to Requirements 8-3

8.2.1.1 Section 1 – General 8-3

8.2.1.2 Section 2 – Administrative Response 8-4

8.2.1.3 Section 3 – Technical Response 8-4

8.2.1.4 Section 4 – Maintenance Plan 8-5

8.2.2 Volume II – Completed Contract 8-5

8.2.3 Volume III – Cost Data 8-5

8.2.4 Volume IV - Literature 8-6

8.3 Draft Proposal Format and Content 8-6

9 Evaluation 9-1

9.1 Receipt 9-2

9.2 Evaluation of Final Bids 9-2

9.2.1 Bid Opening and Validation Check 9-2

9.2.2 Validation Against Requirements 9-2

9.2.3 Cost Analysis 9-2

9.2.4 Customer Reference Evaluation 9-2

9.2.5 Selection 9-3

9.2.6 Evaluation Criteria 9-3

9.2.7 Evaluation of Administrative Requirements 9-3

9.2.8 Evaluation of Technical Requirements 9-3

9.2.9 Final Bid Scoring 9-3

9.2.10 Technical Requirements Score Evaluation 9-4

9.2.10.1 Customer Reference Scoring 9-5

9.2.10.2 Energy STAR 9-5

9.2.10.3 Electronic Product Environmental Assessment Tool (EPEAT) 9-6

9.2.11 Cost Score Evaluation 9-6

9.2.11.1 Category Scoring 9-6

9.2.12 Total Score 9-8

9.2.13 Preference Point Calculation 9-8

9.2.13.1 Small Business Preference Calculation 9-8

9.2.13.2 DVBE Incentive Calculations 9-8

9.2.13.3 TACPA Preference Calculations 9-9

9.3 Award 9-9

9.3.1 Additional Award for Open and Rugged Silos 9-9

9.4 Negotiations 9-9

10 Demonstration 10-1

10.1 Demonstration 10-2

11 Exhibits E

11.1 Letter of Intent to Bid Exhibits

11.2 Confidentiality Statement Exhibits

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11.3 Competitive Bidding and Bidding Responsiveness Exhibits

11.4 APP Regulations Exhibits

11.5 Customer Reference Form Exhibits

11.6 Workers’ Compensation Certification Exhibits

11.7 Bidder Declaration Form (GSPD-05-105) Exhibits

11.7A Commercially Useful Function (CUF) Worksheet Exhibits

11.8 California Disabled Veteran Business Enterprise (DVBE) Program

Requirements Exhibits

11.9 DVBE Declaration Form (STD 843) Exhibits

11.10 Payee Data Record (STD 204) Exhibits

11.11 Retailer’s Seller Permit Information Exhibits

11.12 Darfur Contracting Act Exhibits

11.13 Federal Debarment Certification Exhibits

11.14 Small Business Preference Information Exhibits

11.15 DVBE Bid Incentive Instructions Exhibits

11.16 TACPA Preference Request (STD 830) Exhibits

11.16A Manufacturer’s Summary of Contract Activities and Labor Hours Form

(DGS/PD 525)

Exhibits

11.16B Bidder’s Summary of Contract Activities and Labor Hours Form

(DGS/PD 526)

Exhibits

11.17 Postconsumer Recycled Content (PCRC) Certification Workbook Exhibits

11.18 OEM Publically Available Price Index Exhibits

11.19 Contractor Contract Manager Information Exhibits

11.20 Contractor Ordering Information Exhibits

11.21 Report Template Exhibits

11.22 Minimum Common Configuration Requirements/ Components

Worksheet Exhibits

11.23 Contract Development Exhibits

11.24 Standard Agreement (STD 213) Exhibits

11.25 Administrative Requirements Response Exhibits

11.26 Statement of Work Exhibits

11.27 Information Technology General Provisions (GSPD-401IT) revised

11/272013 Exhibits

11.27A Information Technology Purchase Special Provisions Exhibits 11.27B Information Technology Maintenance Special Provisions revised

01/21/03 Exhibits

11.27C Information Technology Software Special Provisions revised 01/21/03 Exhibits 11.27D Information Technology Personal Services Special Provisions revised

02/08/07 Exhibits

11.28A Apple Evaluation Model and Cost Worksheet Exhibits 11.28B Dell Evaluation Model and Cost Worksheet Exhibits 11.28C HP Evaluation Model and Cost Worksheet Exhibits 11.28D Lenovo Evaluation Model and Cost Worksheet Exhibits 11.28E Microsoft Evaluation Model and Cost Worksheet Exhibits 11.28F Samsung Evaluation Model and Cost Worksheet Exhibits 11.28G Rugged Evaluation Model and Cost Worksheet Exhibits 11.28H Open Evaluation Model and Cost Worksheet Exhibits

G Glossary G

SECTION 1

Introduction and Overview of Requirements

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INTRODUCTION AND OVERVIEW OF REQUIREMENTS

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1. Introduction and Overview of Requirements

1.1 Purpose of this Invitation for Bid

This scored Invitation for Bid (hereafter called the IFB) solicits bids from firms qualified to provide Tablet IT equipment (Tablets) to the State of California (State) and participating local governmental agencies at contracted pricing in accordance with the requirements of this IFB.

The State intends that the selected Bidder(s) will work in cooperation with the State to furnish quality products at the lowest price available in a timely and efficient manner. The selected Bidder(s) will be the primary point for warehousing, data collection, reporting, and distribution of Tablets to the State.

The scope of this IFB includes “Silos” of Tablets as defined in Section 6.4.1, Proposed Products, including hardware, accessories, operating systems, warranties, and technical services. The purchase of accessories, operating systems, warranties, and technical services will be ancillary to the purchase of the Tablets themselves; such ancillary purchases shall be available throughout the life of the contract. The State reserves the right to eliminate any specific line item(s) from the final award.

Award of contract will be made by individual silo per Section 6.4.1, Proposed Products. Bidders are not required to bid on all silos.

The tab information in Exhibits 11.28 A-H, Evaluation Model and Cost Worksheet will be used for technical and cost evaluation. The tablet configurations shown in the first tab (Evaluation Model) provide detailed information of the tablets that will be entered into the second tab (Cost Worksheet). The quantities and products listed in the second tab (Cost Worksheet) will be used for cost evaluation. These configurations will be used for evaluation purposes only. Actual purchases may vary from these configurations. The State does not guarantee that listed quantities will be purchased. Any award resulting from this solicitation will have no guaranteed dollar value.

The term of the contract(s) resulting from this IFB will be two (2) years. The contracts will also contain options to extend the contracts for three (3) additional one (1) year periods or portion thereof. Price adjustments shall be by mutual agreement between the selected Bidder and the State in accordance with Section 6.7.3, Price Adjustments. If a mutual agreement cannot be reached, the contract may be terminated at the end of the current contract term and/or contract extension. All terms and conditions will remain the same for the entire contract period including any extension periods. Exhibit 11.22, Minimum Common Configuration Requirements/ Components Worksheet, provides a table of minimum standards that shall be met or exceeded by the contract tablets throughout the life of the contract.

The use of the resulting contract(s) is mandatory for all State departments.

The awarded Bidder(s) shall permit local governmental agencies to participate under these contracts. For the purpose of this solicitation, local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation empowered to expend public funds for the acquisition of products”, reference PCC Section 10298 (a) (b).

Local governmental agencies shall have the same rights and privileges as the State under the terms of these contracts. Any local governmental agencies desiring to participate shall be required to submit to the same responsibilities as do State departments and will have no authority to amend, modify or change any condition of these contracts.

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All equipment offered must be new and in current production. USED, SHOPWORN, REFURBISHED, DEMONSTRATOR, PROTOTYPE OR DISCONTINUED MODELS ARE NOT

ACCEPTABLE.

Any contract executed as a result of this IFB must be able to be amended by mutual consent of the State and the Contractor(s).

1.2 Scope of the IFB and Bidder Admonishment

This IFB is being conducted under the policies developed by the Department of General Services, Procurement Division (DGS-PD) as provided under PCC Section 12102, et seq. This IFB contains the instructions governing the requirements for a bid to be submitted by interested Bidders. The format in which bid information is to be submitted, and the material to be included therein, follows. This IFB also addresses the requirements that Bidders must meet to be eligible for consideration, as well as addressing Bidders' responsibilities.

IF A BIDDER EXPECTS TO BE AFFORDED THE BENEFITS OF THE STEPS INCLUDED IN

THIS IFB, THE BIDDER MUST TAKE THE RESPONSIBILITY TO:

• CAREFULLY READ THE ENTIRE IFB;

• ASK APPROPRIATE QUESTIONS IN A TIMELY MANNER IF CLARIFICATION IS

NECESSARY;

• SUBMIT ALL REQUIRED RESPONSES, COMPLETE TO THE BEST OF THE

BIDDER’S ABILITY, BY THE REQUIRED DATES AND TIMES;

• MAKE SURE THAT ALL PROCEDURES AND REQUIREMENTS OF THE IFB ARE

ACCURATELY FOLLOWED AND APPROPRIATELY ADDRESSED; AND

• CAREFULLY REREAD THE ENTIRE IFB BEFORE SUBMITTING THE BID.

1.3 Availability

The exact models proposed to meet the requirements of this IFB may be superseded; however, products meeting the mandatory requirements of Exhibit 11.22, Minimum Common Configuration Requirements/ Components Worksheet, for awarded silos must be available throughout the duration of the contract term, except as provided in Section 6.4.4, Product Substitutions/Discontinued Items.

1.4 Procurement Official

The Procurement Official contact information for this IFB is listed below:

Tina Larios Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (916) 443-9776 Facsimile: (916) 375-4613 E-mail: tina.larios@dgs.ca.gov mailto:tina.larios@dgs.ca.gov

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All inquiries, questions, bid submittals, and copies of protests must be directed to only this person, unless otherwise identified in this IFB or changed by addendum to this IFB. The Procurement Official will also act as the Department Contact for visits or other information.

Oral communications directly with procurement officers and employees concerning this IFB are discouraged and shall not be binding to the State. Bidders should only rely on written statements issued by the Procurement Official.

1.5 Key Action Dates

Listed below are the important dates and times by which actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished by an addendum to this IFB. All dates after the Final Bid submission deadlines are approximate and may be adjusted as conditions indicate without addendum to the IFB.

Unless otherwise indicated, Bidder submissions shall be due by the close of business on the date indicated in this section. Close of business shall be 5:00 p.m. (PT).

No. Event/Action Action Date

1. IFB Release 3/23/2016

2. Last day to submit Letter of Intent to Bid (Exhibit 11.1) and Confidentiality Statement (Exhibit 11.2) 4/06/2016

3. Last day to submit final questions for clarification of IFB prior to submittal of Draft Bid 4/08/2016

4. Submission of Draft Bid 4/15/2016

5.

Last day to request a change of IFB requirements

See Section 2.2.4, Questions Regarding the IFB, for more information.

4/20/2016

6.

Last day to submit a protest to the IFB requirements (5 working days)

See Section 2.2.7, Supplier’s Intention to Submit a Bid, for more information.

4/27/2016

7. Submission of Final Bid 5/05/2016

8. Cost Opening TBD

9. Notice of Intent to Award 5/16/2016

10. Last day to submit Notice of Intent to Protest Award 5/18/2016

11. Contract Award 5/25/2016

12. Contract Kick-Off Meeting 6/1-6/7/2016

13. Final Implementation Plan Due TBD

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No. Event/Action Action Date

14. Preliminary Catalog and PCRC Workbook Due TBD

15. Acceptance of Electronic Catalog and Online Catalog/Website TBD Note: Dates are subject to change

1.6 Intention To Bid

Bidders that want to participate in the IFB steps should submit a notification of intention to bid (Exhibit 11.1, Letter of Intent to Bid) along with a Confidentiality Statement (Exhibit 11.2, Confidentiality Statement), by the date specified in Section 1.5, Key Action Dates, in accordance with Section 2.2.7, Supplier’s Intention to Submit a Bid.

The State is responsible for corresponding with one (1) contact person per Bidder. It shall be the Bidder’s responsibility to immediately inform the Procurement Official identified in Section 1.4, Procurement Official, in writing, regarding any revision to the information.

The State shall not be responsible for bid correspondence not received by the Bidder if the Bidder fails to notify the State, in writing, about any change pertaining to the designated contact person.

All addenda, Question and Answer Sets, and Requests for Change will be published on the eProcurement California State Contracts Register.

1.7 Americans with Disabilities Act (ADA)

To meet and carry out compliance with the nondiscrimination requirements of Title II, Americans with Disabilities Act (ADA), it is the policy of the State to make every effort to ensure that its programs, activities, employment opportunities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing reasonable accommodation to participate in the Procurement process, or for persons having questions regarding reasonable accommodation for the Procurement process, please contact the Procurement Division at (916) 375-4400 (main office). Procurement Division's TTY/TDD (telephone device for the deaf) and California Relay Service numbers are listed below. You may also directly contact the Procurement Official for this procurement.

IMPORTANT: To ensure that we can meet your accommodation, it is best that we receive your request at least ten (10) working days before the scheduled event (e.g., Bidder conference) or deadline due-date for procurement documents.

The Procurement Division TTY telephone number is:

Sacramento Office: (916) 376-1891

The California Relay Service Telephone Numbers are:

Voice: 1-800-735-2922 or 1-888-877-5379

TTY: 1-800-735-2929 or 1-888-877-5378

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Speech to Speech: 1-800-854-7784

1.8 Environmentally Preferable Purchasing (EPP) Policy

The State of California, DGS-PD is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by the California PCC, Chapter 6, Sections 12400- 12404. By signing the completed Exhibit 11.24, Standard Agreement (STD 213), the Bidder is certifying that the products or services offered under this solicitation comply with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms (PCC Section 12404).

1.9 Question Period after Addenda or Q & A Set

After publication of an addendum or question and answer set, Bidders are allowed a five (5) day period for questions. Bidder questions shall be restricted to clarification of material addressed by most recent addendum or question and answer set only.

Procurement Division Tablets Event ID: 0000000669

SECTION 2

Rules Governing Competition

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RULES GOVERNING COMPETITION

Event ID: 0000000669

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2. Rules Governing Competition

2.1 Identification and Classification of IFB Requirements

2.1.1 Requirements

The State has established certain requirements with respect to bids to be submitted by prospective contractors. The use of "shall," "must," or "will" (except to indicate simple futurity) in the IFB indicates a requirement or condition which is mandatory. A deviation, if not material, may be waived by the State. A deviation from a requirement is material if the deficient response is not in substantial accord with the IFB requirements, provides an advantage to one Bidder over other Bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid,1 amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived.

2.1.2 Desirable Items

The words "should" or "may" in the IFB indicate desirable attributes or conditions, but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, even if material, will not in itself cause rejection of the bid.

2.2 Bidding Requirements and Conditions

2.2.1 General

This IFB, the evaluation of responses, and the award of any resultant contract shall be made in conformance with current competitive bidding procedures as they relate to the procurement of goods and services by public bodies in the State of California. A Bidder's Final Bid is an irrevocable offer for 120 days following the scheduled date for contract award specified in Section 1.5, Key Action Dates. A Bidder may extend the offer in the event of a delay of contract award.

2.2.2 IFB Documents

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

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this IFB, the Bidder shall immediately notify the Procurement Official identified in Section 1.4, Procurement Official, of such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to Section 2.2.8, Addenda.

Such clarifications shall be given by written notice to all parties who have identified themselves as Bidders to the Procurement Official identified in Section 1.4, Procurement Official, without divulging the source of the request. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible therefore.

1 If this solicitation document is an IFB, the word "bid" as used throughout is intended to mean "proposed," "propose" or "proposal" as appropriate.

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

2.2.3 Examination of the Work

The Bidder should carefully examine the entire IFB and any addenda thereto, and all related materials and data referenced in the IFB or otherwise available to the Bidder, and should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work. Specific conditions to be examined may be listed in IFB Section 5, Administrative Requirements and/or Section 6, Technical Requirements.

2.2.4 Questions Regarding the IFB

Bidders requiring clarification of the intent or content of this IFB or on procedural matters regarding the competitive bid process may request clarification by submitting questions, in an email or envelope clearly marked "Questions Relating to Event ID:

0000000669", to the Procurement Official listed in Section 1.4, Procurement Official.

To ensure a response, questions must be received in writing by the scheduled date(s) given in Section 1.5, Key Action Dates. Question and answer sets will be provided to all Bidders without identifying the submitters. Any questions submitted should be crafted without revealing the name of the requestor. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

A Bidder who desires clarification or further information on the content of the IFB, but whose questions relate to the proprietary aspect of that Bidder's proposal and which, if disclosed to other Bidders, would expose that Bidder's proposal, may submit such questions in the same manner as above, but also marked "CONFIDENTIAL," and not later than the scheduled date specified in Section 1.5, Key Action Dates, to ensure a response. The Bidder must explain why any questions are sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the proposal, the question will be answered and both the question and answer will be kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered in this manner and the Bidder will be so notified.

2.2.5 Request to Change the Requirements of the IFB

If the Bidder believes that one or more of the IFB requirements is onerous, unfair, or imposes unnecessary constraints to the Bidder in proposing less costly or alternate solutions, the Bidder may request a change to the IFB by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. Such request must be submitted to the Procurement Official by the date specified in Section 1.5, Key Action Dates, for submitting a request for change. Oral answers shall not be binding on the State.

Failure by any bidder to raise any concern related to the solicitation requirements or a failure of a referenced internet link, by the relevant Key Action Date will be deemed a waiver of any claim regarding the contract award relating to the solicitation requirements.

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2.2.6 Bidders’ Conference

Not applicable.

2.2.7 Supplier’s Intention to Submit a Bid

Suppliers who want to participate in the bidding process are asked to state their intention by the date specified in Section 1.5, Key Action Dates, with respect to submission of bids. The State is also interested as to a supplier's reasons for not submitting a bid; as, for example, requirements that cannot be met or unusual terms and conditions which arbitrarily raise costs. Suppliers are asked to categorize their intent as follows:

• Intends to submit a bid and has no problem with the IFB requirements.

• Intends to submit a bid, but has one or more problems with the IFB requirements for reasons stated in this response.

• Does not intend to submit a bid, for reasons stated in this response, and has no problem with the IFB requirements.

• Does not intend to submit a bid because of one or more problems with the IFB requirements for reasons stated in this response.

If a supplier intends to submit a bid, the letter should include additional information identified in Section 1.6, Intention to Bid. If suppliers have indicated significant problems with the IFB requirements, the State will examine the stated reasons for the problems and will attempt to resolve any issues in contention, if not contrary to the State's interest, and will amend the IFB if appropriate. All suppliers who have submitted an intention will be advised by the State of any actions taken as a result of the suppliers' responses. If after such actions, a supplier determines that the requirements of the IFB unnecessarily restrict its ability to bid, the supplier is allowed five (5) working days to submit a protest to those IFB requirements or the State's action. Protests must be mailed or delivered to:

Street Address Mailing Address Deputy Director Deputy Director Procurement Division Procurement Division 707 3rd Street, 2nd Floor PO Box 989052 West Sacramento, CA 95605 Sacramento, CA 95798-9052

Hereafter, for the purposes of the instructions of this IFB, all suppliers who have indicated their intent to submit a Final Bid are called Bidders until such time that the Bidder withdraws or other facts indicate that the Bidder has become nonparticipating.

Should a Bidder not participate in a bid step, the State reserves the right to drop them from the participating Bidder list and they will not receive any further correspondence until they contact the Procurement Official to indicate that they would like further correspondence.

2.2.8 Addenda

The State may modify the IFB prior to the date fixed for Contract Award by issuance of an addendum to all Bidders who are participating in the bidding process at the time the addendum is issued, unless the amendments are such as to offer the opportunity for nonparticipating Bidders or supplies that submitted an intention to become participating, in which case the addendum will also be sent to those parties. Addenda will be numbered consecutively. If any supplier determines that an addendum

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2.2.9 Bonds

Not applicable for this solicitation.

2.3 Bidding Steps

2.3.1 General

The procurement process to be used in this acquisition is composed of at least one phase of bid development. REFER TO SECTION 1.5, KEY ACTION DATES, TO

DETERMINE WHICH PHASES AND STEPS ARE INCLUDED IN THIS IFB.

REFERENCES IN THIS SECTION 2, RULES GOVERNING COMPETITION, TO

STEPS NOT INCLUDED IN SECTION 1.5, KEY ACTION DATES, ARE NOT

APPLICABLE TO THIS IFB. There is always a Final Phase, which may include a Draft Bid and revisions, and will always include a Final Bid.

The Final Bid is a mandatory step for all Bidders; all other steps are optional. However, all Bidders are strongly encouraged to follow the scheduled steps of this procurement to increase the chance of submitting a compliant Final Bid. Costs submitted in any submission other than the Final Bid may preclude the Bidder from continuing in the process.

2.3.2 Final Phase

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

This phase may include a Draft Bid and will always include a Final Bid, as described below:

2.3.2.1 Draft Bid

A “limited” draft bid phase is included in this IFB. Submission of a Draft Bid is strongly recommended so that the Bidder may minimize the risk that the Final Bid will be deemed non-compliant. The draft bid is limited to the Price Location requirement as described in Section 6.7.4. Bidders shall provide, on the Bidder’s letterhead, the URL of their bid products’ most current publicly-available OEM price list(s) as well as a narrative describing the navigation from bidder’s current website homepage to their publically available price list webpage. Bidders should limit their draft bids to this information only.

For Draft Bids that are evaluated, the Bidder will be notified of any defects the State has noted. Draft bids received late may be reviewed if the Procurement Official believes there is enough time and resources to do so.

Notifying the Bidder of defects is intended to minimize the risk that the Final Bid will be deemed non-compliant; however, the State will not provide any warranty that the Draft Bid will be evaluated even if accepted for review, or that any or all defects in the Draft Bid have been detected. Notification of defects in the Draft Bid will not preclude rejection of the Final Bid, if undiscovered defects contained in the Draft Bid are later found in the Final Bid.

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2.3.2.2 Final Bid

The Final Bid must be complete, including all cost information, required signatures, contract language changes agreed to in writing and corrections to those defects noted by the State in its review of the Draft Submittal. If required in Section 8, Proposal Format, cost data (as identified in the above referenced section) must be submitted under separate, sealed cover.

Changes that appear in the final bid, other than correction of defects, increase the risk that the final bid may be found defective.

2.3.3 Public Record

Final bids are public upon posting of Notice of Intent to Award. Bidders should be aware that marking a document "confidential" or "proprietary" in a final bid may exclude it from consideration for award and will not keep that document from being released after notice of intent to award as part of the public record, unless a court has ordered the State not to release the document.

2.3.4 Submission of Proposals

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

2.3.4.1 Preparation

Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this IFB.

Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the IFB instructions, responsiveness to the IFB requirements, and on completeness and clarity of content.

As stated above, the State's evaluation of Draft submissions is cursory.

Therefore, Bidders are cautioned to not rely on the State, during these evaluations and reviews, to discover and report to the Bidders all defects and errors in the submitted documents. Before submitting each document, the Bidder should carefully proof it for errors and adherence to the IFB requirements.

2.3.4.2 Bidder’s Cost

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

2.3.4.3 Completion of Proposals

Proposals must be complete in all respects as required by Section 8, Proposal Format. A Final Bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A Final Bid must be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements. The Final Bid must contain all costs required by the IFB Section 7, Cost, and Section 8, Proposal Format, setting forth a unit price and total price for each unit price item, and a total price for each lump sum price item in the schedule, all in clearly legible figures. If required in Section 8, Proposal Format, cost data

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(as identified in the above referenced section) must be submitted under separate, sealed cover. Exhibit 11.3, Competitive Bidding and Bid Responsiveness, emphasizes the requirements of competitive bidding and contains examples of common causes for rejection of proposals. Bidders are encouraged to review this exhibit.

2.3.4.4 False or Misleading Statements

Proposals which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the proposal.

2.3.4.5 Signature of Bid

A cover letter (which shall be considered an integral part of the Final Bid) shall be signed by an individual who is authorized to bind the bidding firm contractually. The contents of the cover letter shall be in accordance with Section 8.2, Final Proposal Format and Content. An unsigned Final Bid shall be rejected.

The Final Bid shall also include the completed Exhibit 11.24, Standard Agreement (STD 213), but need not be signed. However, the Standard Agreement (STD 213) must contain the name and title of the person authorized to bind the bidding firm contractually. Upon contract award, the Standard Agreement (STD. 213) shall be signed by the person authorized to bind the bidding firm contractually.

2.3.4.6 Delivery of Bids

Mail or deliver proposals to the Procurement Official listed in Section 1.4, Procurement Official. If mailed, it is suggested that you use certified or registered mail with return receipt requested as delivery of documents is at the Bidder’s own risk of untimely delivery, lost mail, etc.

Proposals must be received in the number of copies stated in Section 8, Proposal Format, and not later than the dates and times specified in Section 1.5, Key Action Dates, and in the individual schedules provided the Bidders.

One (1) copy must be clearly marked "Master Copy." All copies of bids must be under sealed cover which is to be plainly marked “DRAFT SUBMISSION” or "FINAL BID" for "Event ID: 0000000669" Also, the sealed cover (envelope) of all submittals, except the Final Bid, should be clearly marked "CONFIDENTIAL," and shall state the scheduled date and time for submission. Bidders should be aware that marking the Final Bid “confidential” or “proprietary” may exclude it from consideration for award.

Proposals not submitted under sealed cover will be returned for sealing.

Final Bids not received by the date and time specified in Section 1.5, Key Action Dates, or not sealed, will be rejected. If required in Section 8, Proposal Format, all cost data (as identified in the above referenced section) must be submitted under separate, sealed cover and clearly marked "COST DATA." If cost data is required to be submitted separately sealed, and is not submitted in this manner, the proposal will be rejected. Proposals submitted

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2 - 8 03/23/2016 under improperly marked covers may be rejected. If discrepancies are found between two (2) or more copies of the proposal, the proposal may be rejected. However, if not so rejected, the Master Copy will provide the basis for resolving such discrepancies. If one (1) copy of the Final Bid is not clearly marked "Master Copy," the State may reject the proposal; however, the State may, at its sole option, select immediately after bid opening one (1) copy to be used as the Master Copy.

2.3.4.7 Withdrawal and Resubmission/Modification of Bids

A Bidder may withdraw its Final Bid at any time prior to the bid submission date and time specified in Section 1.5, Key Action Dates, by submitting a written notification of withdrawal signed by the Bidder authorized in accordance with Section 2.3.4.5, Signature of Bid. The Bidder may thereafter submit a new or modified bid prior to such bid submission date and time. Modification offered in any other manner, oral or written, will not be considered. Other than as allowed by law, Final Bids cannot be changed or withdrawn after the date and time designated for receipt, except as provided in Section 2.3.6.3, Errors in the Final Bids.

2.3.4.8 Joint Bids

Not acceptable for this solicitation.

2.3.5 Rejection of Bids

The State may reject any or all proposals and may waive any immaterial deviation or defect in a proposal. The State's waiver of any immaterial deviation or defect shall in no way modify the IFB documents or excuse the Bidder from full compliance with the IFB specifications if awarded the contract.

2.3.6 Evaluation and Selection Process

2.3.6.1 General

Proposals will be evaluated according to the procedures contained in Section 9, Evaluation. Special instructions and procedures apply to Draft Submittals.

2.3.6.2 Evaluation Questions

During the evaluation and selection process, the State may desire the presence of a Bidder's representative for answering specific questions, orally and/or in writing. During the evaluation of Final Bids, the State may ask the Bidder to clarify their submitted information but will not allow the Bidder to change their bid.

2.3.6.3 Errors in the Final Bids

An error in the Final Bid may cause the rejection of that bid; however, the State may at its sole option retain the bid and make certain corrections.

In determining if a correction will be made, the State will consider the conformance of the bid to the format and content required by the IFB, and any unusual complexity of the format and content required by the IFB.

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2.3.6.3.1 If the Bidder's intent is clearly established based on review of the complete Final Bid submittal, the State may at its sole option correct an error based on that established intent.

2.3.6.3.2 The State may at its sole option correct obvious clerical errors.

2.3.6.3.3 The State may at its sole option correct discrepancy and arithmetic errors on the basis that if intent is not clearly established by the complete bid submittal the Master Copy shall have priority over additional copies, the bid narrative shall have priority over the contract, the contract shall have priority over the cost sheets, and within each of these, the lowest level of detail will prevail. If necessary, the extensions and summary will be recomputed accordingly, even if the lowest level of detail is obviously misstated. The total price of unit-price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible, uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the total price by the quantity of the item.

2.3.6.3.4 The State may at its sole option correct errors of omission, and in the following four situations, the State will take the indicated actions if the Bidder's intent is not clearly established by the complete proposal.

1. If an item is described in the narrative and omitted from the contract and cost data provided in the proposal for evaluation purposes, it will be interpreted to mean that the item will be provided by the Bidder at no cost.

2. If a minor item is not mentioned at all in the Final Bid and is essential to satisfactory performance, the proposal will be interpreted to mean that the item will be provided at no cost.

3. If a major item is not mentioned at all in the Final Bid, the proposal will be interpreted to mean that the Bidder does not intend to supply that item.

4. If a major item is omitted, and the omission is not discovered until after contract award, the Bidder shall be required to supply that item at no cost.

The determination of whether an item is minor or major is the responsibility of the State.

2.3.6.3.5 If a Bidder does not follow the instructions for computing costs not related to the contract (e.g., State personnel costs), the State may reject the proposal, or at its sole option, recompute such costs based on instructions contained in the IFB.

If the recomputations or interpretations, as applied in accordance with this section, result in significant changes in the amount of money to be paid to the Bidder (if awarded the contract) or in a requirement of the Bidder to supply a major item at no cost, the Bidder will be given the opportunity to promptly establish the grounds legally justifying relief from its proposal.

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IT IS ABSOLUTELY ESSENTIAL THAT BIDDERS CAREFULLY

REVIEW THE COST ELEMENTS IN THEIR FINAL BID, SINCE

THEY WILL NOT HAVE THE OPTION TO CORRECT ERRORS

AFTER THE TIME FOR SUBMITTAL.

2.3.6.3.6 In the event an ambiguity or discrepancy between the general requirements described in Section 4, Proposed System, and the specific technical requirements set forth in Section 6, Technical Requirements, is detected after the opening of bids, Section 6, Technical Requirements, and the Bidder's response thereto, shall have priority over Section 4, Proposed System, and the Bidder's response thereto. Refer to Section 2.2.2, IFB Documents, regarding immediate notification to State contact when ambiguities, discrepancies, omissions, etcetera are discovered.

At the State’s sole discretion, it may declare the Final Bid to be a Draft Bid in the event that the State determines that Final Bids from all Bidders contain material deviations. Bidders may not protest the State’s determination that all bids have material deviations. If all bids are declared noncompliant, the State may issue an addendum to the IFB. Should this occur, confidential discussions will be held with Bidders who are interested in continuing to be considered. The Bidders will be notified of defects discovered in these submittals as well. The State will not provide any warranty that all defects have been detected and that such notification will not preclude rejection of the final bid if such defects are later found. Each Bidder will be notified of the due date for the submission of a new Final Bid to the State. This submission must conform to the requirements of the original IFB as amended by any subsequent addenda. The new Final Bids will be evaluated as required by Section 9, Evaluation.

2.3.7 Award of Contract

Award of contract, if made, will be in accordance with Section 9, Evaluation, to a responsible Bidder whose Final Bid complies with all the requirements of the IFB documents and any addenda thereto, except for such immaterial defects…