HSR25-27_Draft_IFB_for_Concrete_Ties.pdf

Invitation for Bids for Monobloc Concrete Ties

IFB No. HSR25-27 Q4 2025

DRAFT SUBJECT TO CHANGE

AND AUTHORITY BOARD

APPROVAL

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California High-Speed Rail Authority Invitation for Bids – HSR xx-xx:

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NOTICE TO BIDDERS

IFB HSR [xx-xx]

Q4 2025

You are invited to review and respond to this Invitation for Bids (IFB) entitled HSRxx-xx

– Monobloc Concrete Ties. This IFB is advertised in the California State Contracts Register through Cal eProcure.

Bidders must check the California State Contracts Register website for addenda, modifications, and updates to the bid documents. The California High-Speed Rail Authority is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on the California State Contracts Register. Failure to periodically check the California State Contracts Register website will be at the bidder's sole risk.

In submitting your bid, you must comply with the instructions herein and in the Instructions to Bidders.

The contact person for this IFB is:

[Authority Point-of-Contact] California High-Speed Rail Authority

Phone: [x] Email: [x]

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

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B oa rd A pp ro va http://www.caleprocure.ca.gov/

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NOTICE TO BIDDERS .................................................................................................................. I

INSTRUCTIONS TO BIDDERS

1. GENERAL BACKGROUND

2. PROCUREMENT OVERVIEW

3. TERMINOLOGY

3.1. DEFINITIONS

3.2. ACRONYMS

4. PROCUREMENT SCHEDULE AND PROCESS

4.1. AUTHORITY’S DESIGNATED POINT OF CONTACT

4.2. BIDDER INQUIRIES

4.3. NOTIFICATION OF DISCREPANCIES

4.4. ADDENDA

4.5. RULES OF CONTACT

4.6. ORGANIZATIONAL CONFLICTS OF INTEREST

4.7. NON-EXCLUSIVENESS OF SUBCONTRACTORS

4.8. NON-COMMITMENT OF AUTHORITY

4.9. BIDDER REQUIREMENTS

4.10. BIDDER’S BOND

4.11. PREVAILING WAGE

4.12. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION

4.13. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

4.14. EXECUTIVE ORDER N-12-23 – GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI)

4.15. THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

4.16. FEDERAL REQUIREMENTS

4.16.1. BUY AMERICA REQUIREMENTS

4.16.1.1. OVERVIEW

4.16.1.2. PART I: BUY AMERICA CERTIFICATION

4.16.1.2.1. WRITTEN JUSTIFICATION FOR WAIVER

4.16.1.3. PART II – BUY AMERICA AUDITS

5. BID SUBMISSION REQUIREMENTS

5.1. SUBMISSION OF BID

5.1.1. HARD COPY SUBMISSION

5.1.2. ELECTRONIC SUBMISSION

5.1.3. GENERAL SUBMISSION REQUIREMENTS

5.2. BID FORM

5.3. REQUIRED BID DOCUMENTS

5.3.1. REQUIRED FORMS

5.3.2. REQUIRED CERTIFICATIONS

5.3.3. OTHER REQUIRED DOCUMENTS

6. BID OPENING AND EVALUATION

6.1. BID OPENING

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6.2. EVALUATION AND SELECTION

6.2.1. BID PRICE

6.2.2. PAST PERFORMANCE REVIEW

6.2.3. TIEBREAKERS

6.3. DISPOSITION OF BIDS

6.4. NOTICE OF PROPOSED AWARD

7. CONTRACT AWARD AND EXECUTION

7.1. BID VALIDITY PERIOD

7.2. NOTICE OF CONTRACT AWARD

7.3. CONTRACT EXECUTION

7.4. NO CONTRACT UNTIL SIGNED AND APPROVED

8. PROTEST PROCEDURES

8.1. GROUNDS FOR PROTEST

8.2. EARLY COMMUNICATION FOR CERTAIN PROTESTS

8.3. DEADLINES FOR PROTESTS

8.4. CONTENT OF PROTEST

8.5. FILING OF PROTEST

8.6. DECISION ON PROTEST

8.7. LIMITATION ON THE AUTHORITY’S LIABILITY

Forms and Certifications Forms Form A: Bid Certification

Form B: Bid Form

Form C: Information about Bidders

Form D: Schedule of Subcontractor(s)

Form E: Bidder Questionnaire

Form F: Past Performance Certification

Form G: Public Entity Questionnaire

Form H: Organizational Conflicts of Interest Disclosure Statement

Form I: Bidder’s Bond

Certifications

Cert. 1: Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification

Cert. 2: Non-Collusion Affidavit

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Cert. 3: California Civil Rights Laws Certification

Cert. 4: Equal Employment Opportunity Certification

Cert. 5: Non-Discrimination Certification

Cert. 6: Certification Regarding Lobbying

Cert. 7: Buy America Compliance or Non-Compliance Certifications

Cert. 8: Iran Contracting Certification

Cert. 9: Darfur Contracting Act Certification

Cert. 10: Certification Regarding Miscellaneous State Requirements

Cert. 11: DGS Form - STD 204

Attachments Attachment A: Required Bid Documents Checklist

Attachment B: Past Performance Review Checklist

Attachment C: Sample Contract, including [xx- xx]

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California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

INSTRUCTIONS TO BIDDERS

1. General Background

The California High-Speed Rail Authority (Authority) is responsible for planning, designing, building, and operating the first high-speed rail system in the nation.

California high-speed rail will connect the mega-regions of the state, contribute to economic development and a cleaner environment, create jobs, and preserve agricultural and protected lands.

The Authority may enter into contracts with private and public entities for the design, construction, and operation of high-speed rail trains including all tasks and segments thereof pursuant to California Public Utilities Code section 185036.

With this procurement, the Authority seeks to purchase materials necessary for the construction of its high-speed rail track and overhead contact system (OCS).

Materials specifically sought under this Contract are Concrete Ties that must be prestressed and pretensioned for use with UIC 60E1 rail as set forth at Exhibit B (Technical Requirements) of Attachment C, (Sample Contract).

This procurement is funded with State of California and federal funds, including, but not limited to, funds provided by the Federal Railroad Administration (FRA) and funds made available through the various federal funding grant programs and, therefore, requires compliance with certain federal provisions in each contract.

2. Procurement Overview

A. The Authority seeks to procure Concrete Ties with proven design for axle loads of 18tons (tons) for train speed from 220 km/h up to 354 km/h. The track is an assembly of transverse concrete ties secured to the rails by means of a fastening system and supported by ballast or other support. The track system is characterized by the gauge of the track, the rail profile, the inclination of the rails and the spacing of the concrete ties. Full details are set forth at Exhibit B (Technical Requirements) of Attachment C, (Sample Contract).

B. The Authority will use a one-step procurement process to select the responsible and responsive Bidder offering the lowest Bid to manufacture and deliver the Materials in accordance with the requirements of the Contract set forth as Attachment C to this IFB. The term of the Contract resulting from this IFB will be four years. The Contract will be delivered through multiple Notices to Proceed (NTPs) as described below. The Contract will include an initial authorization to manufacture and supply materials as directed by specific Purchase Orders for

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California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

NTP 1. The Contract will include options to issue NTP 2 and NTP 3 at a later date.

1. NTP 1: To be issued for the manufacture and supply of Materials for use in construction on the 119-mile First Construction Section. The not-to-exceed dollar value for NTP 1 for all materials procurements (including OCS Poles, Long Welded Rail, Concrete Ties, Ballast, OCS Components, and Fiber Optic Cables), is estimated to be $507,100,000. As set forth at Section 29 of the General Provisions, the actual amount of Work requested by the Authority under a Contract resulting from this IFB is subject to availability of funding.

a. NTP 2: To be issued for the manufacture and supply of Materials for use in construction on the northern extension (Merced to Madera).

b. NTP 3: To be issued for the manufacture and supply of Materials for use in construction on the southern extension (Poplar Avenue in the County of Kern to Bakersfield).

C. This IFB will be available in electronic format on the California State Contracts Register website (Cal eProcure).

D. Bids and required documents will be submitted via delivery to the Authority pursuant to Section [5.1], no later than the time specified in this IFB in the Procurement Schedule (Section 4, Table 1).

E. Shipping / Logistics

a. Bidder is to deliver the Materials pursuant to the terms set forth in Sections [2 and 19] of the General Provisions]

b. Delivery locations are as follows:

i. To the Authority’s railhead located in Kern County bounded by SR 43 to the west, Merced Avenue to the south, and Poplar Avenue to the east for 40% of the global quantities.

ii. To the Authority’s railhead that is anticipated to be located in Fresno County and bounded by E. American Avenue to the south and S. Cedar Avenue to the west for the rest of the quantities.

F. Reference Materials

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California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

a. The Contract (Attachment C), makes reference to the Design Criteria Manual (DCM). That document will be provided electronically along with this IFB on the California State Contracts Register at (Cal eProcure).

3. Terminology

Capitalized terms and acronyms used in this document without definition shall have the meaning ascribed to them in this Section [3]. Additional defined terms are included in the General Provisions.

3.1. Definitions

Addendum: A revised version of these solicitation documents that supersedes all prior versions.

Affiliate: (a) Any Person that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, Contractor or any of its members, partners or shareholders holding a 10 percent or greater interest in Contractor; (b) Any Person for which 10 percent or more of the equity interest in such Person is held directly or indirectly, beneficially or of record by: (i) Contractor; (ii) Any of Contractor’s members, partners or 10 percent or greater shareholders; or

(iii) Any Affiliate of Contractor under part (a) of this definition; and/or (c) Subcontractor affiliates determined using the definition in “a” and “b” above, but substituting the term “Subcontractor” for “Contractor.” For the purposes of this definition, the term “control” means the possession, directly or indirectly, of the power to cause the direction of the management of a Person, whether through voting securities, by contract, family relationship or otherwise.

Authority: The California High-Speed Rail Authority, which may include the Authority’s authorized representatives.

Authority Board: The California High-Speed Rail Authority Board of Directors.

Authority’s Designated Point of Contact: The representative of the Authority identified in Section [4.1].

Bid: The offer of a Bidder to perform the Work in accordance with the Contract for the price provided for each Bid Item and as a whole.

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Bid Form: The form that will be submitted as part of the Bidder’s Bid Package, under separate seal, and pursuant to instructions at Section [5.2], that represents the Bidder’s Bid.

Bid Item: Work unit for which the Bidder provides a price.

Bid Package: The documents that comprise all required submittals by a Bidder for the Authority to consider a Bidder’s Bid to be responsive for this procurement.

Bidder: A person or entity that submits a Bid in response to this procurement.

Bidding Team: Collectively, the Bidder and its members and Subcontractors.

Business Day: Monday through Friday, except for federal or State of California holidays, between the hours of 8:00 a.m. and 5:00 p.m., Pacific Time. Lists of federal and State of California holidays can be found at the U.S. Office of Personnel Management and California Department of Human Resources websites, respectively.

Contract: The written agreement between the Authority and the successful Bidder (Contractor) executed as a result of this procurement.

Contractor: The successful Bidder that executes the Contract with the Authority as a result of this procurement.

Day or day: Calendar Day, unless otherwise noted.

Equity Member: any Person having an ownership interest in the entity that is a Bidder, including any joint venture member, general partner, or member thereof, if Bidder is a joint venture, partnership, or limited liability company.

Grant/Cooperative Agreements: Any federal agreements between the Authority, the Federal Railroad Administration (FRA), the United States Department of Transportation (U.S. DOT), and/or any other federal agency providing terms for expenditure of federal funds, including but not necessarily limited to, FRA Grant Cooperative Agreement numbers FR- HSR-0118-12, as amended (FY 10 Grant), FR-HSR-0009‐10‐01‐07, as amended (ARRA Grant), and Federal Railroad Administration Grant Cooperative Agreement No. 69A36524521070FSPCA (FSP Grant).

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B oa rd A pp ro va l http://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview http://www.calhr.ca.gov/employees/pages/state-holidays.aspx http://www.calhr.ca.gov/employees/pages/state-holidays.aspx

California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

Materials: The goods to be Bid under this procurement that are the subject of the Contract.

Monobloc Concrete Ties (Concrete Ties): The items sought under this procurement as defined in the Technical Requirements (Attachment C, Exhibit B).

Open Government Laws: Collectively, the California Public Records Act (Government Code sections 7920.000, et seq.), the Bagley-Keene Open Meeting Act (Gov. Code section 11120 et seq.), and the Freedom of Information Act (FOIA) (5 U.S.C. section 552, as amended by Public Law No. 104-231, 110 Stat. 3048), and other applicable State and federal open records laws.

Party or Parties: Individually referring to the Authority or the Contractor or collectively referring to the Authority and the Contractor, as the context permits.

Person: Any individual or entity, including corporation, limited liability company, sole proprietorship, joint venture, partnership, trust, voluntary association, unincorporated organization, or governmental agency including the Authority.

Public Records Act: The California Public Records Act, Government Code sections 7920.000, et seq.

Subcontractor: Any Person with whom Contractor has entered into any Subcontract and any other Person with whom any Subcontractor has further subcontracted any part of the Work, at any tier. The term Subcontractor includes, but is not limited to, suppliers, sub-suppliers, vendors and sub-vendors.

System: The entire high-speed rail system as described in California Proposition 1A (2008), including Phase 1, which shall run from the San Francisco Bay Area to the Los Angeles basin, and Phase 2, which shall run from Sacramento to San Diego.

Work: All tasks required under the Contract resulting from this IFB.

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3.2. Acronyms

CalSTA California State Transportation Agency Caltrans California Department of Transportation CCR California Code of Regulations CEO Chief Executive Officer or Executive Director CEQA California Environmental Quality Act of 1970 C.F.R. Code of Federal Regulations CUF Commercially Useful Function DBE Disadvantaged Business Enterprise DGS California Department of General Services EIR Environmental Impact Report EIS Environmental Impact Statement ESG Environmental, Social, and Governance FOIA Freedom of Information Act FRA Federal Railroad Administration GenAI Generative Artificial Intelligence ICCTA Interstate Commerce Commission Termination Act of 1995 IFB Invitation for Bids MVC Military and Veterans Code NEPA National Environmental Policy Act of 1969 OSDS Office of Small Business and DVBE Services PCC Public Contract Code U.S. DOT United States Department of Transportation

4. Procurement Schedule and Process

This schedule is subject to modification at the sole discretion of the Authority.

Bidders will be notified of any change in the IFB Schedule by an Addendum to this IFB. Dates subsequent to the Bidding Deadline, may be modified at the discretion of the Authority without issuing an Addendum. Unless otherwise indicated, all Bidder deadlines are 12:00 p.m. Pacific Time.

Table 1: Procurement Schedule

Key Dates Activity Description

Q4 2025 IFB available to prospective bidders

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B oa rd A pp ro tbd Optional pre-bid conference via Zoom tbd Written questions regarding IFB are due tbd Written responses to questions released tbd Final date for Bid submission (Bidding Deadline) tbd Date of Bid Opening tbd Proposed start date of Contract

4.1. Authority’s Designated Point of Contact

The Authority’s Designated Point of Contact for communications concerning this IFB shall be as follows:

[Authority’s Designated Point of Contact] California High-Speed Rail Authority

770 L Street, Suite 620 Sacramento, CA 95814 Phone: (916) 324-1541

Email: [x]

Persons intending to submit Bids in response to this IFB shall not contact or discuss any items related to this process with any Authority Board member or Authority staff other than the Point of Contact listed above, either directly or through intermediaries. Failure to comply with this communication prohibition may result in disqualification. See Section 4.5, Rules of Contact, for more information.

4.2. Bidder Inquiries

Submit all written questions via email to the Authority’s Designated Point of Contact identified in Section 4.1 of these Instructions to Bidders no later than the date and time specified in Section [4, Table 1], Procurement Schedule. All such emails should use the subject line: [HSR2X-XX] Invitation for Bids for Monobloc Concrete Ties and should clearly indicate in the body of the message the part, section, and page number about which the question is regarding. If multiple

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Responses to questions submitted will be posted on the California State Contracts Register for the benefit of all Bidders.

4.3. Notification of Discrepancies

If a Bidder discovers ambiguities, conflicts, discrepancies, omissions, or errors in the Contract, the Bidder shall immediately notify the Authority in writing and request modification or clarification. If needed, such modifications or clarifications will be made by addenda.

If the Bidder who is awarded the Contract has failed to notify the Authority of any discrepancy known prior to the date and time of the Bid Opening, no additional compensation or time shall be allowed by reason of the discrepancy or its later correction.

4.4. Addenda

The Authority reserves the right to revise this IFB at any time before the Bidding Deadline. Such revisions, if any, will be announced by addenda to this IFB. The Authority will post all addenda on the State Contracts Register. Bidders shall be solely responsible for monitoring the State Contracts Register and for examining, with appropriate care and diligence, the IFB, any addenda issued, and material posted on the State Contracts Register. Any failure of Bidder to so examine and inform itself shall be at Bidder’s sole risk, and no relief for error or omission will be provided by the Authority.

4.5. Rules of Contact

For purposes of this section, the definitions of Bidder and Bidder Team shall include potential Bidders and potential Bidder Teams as this section specifically applies to all interested parties from the date of issuance of the IFB. The following rules of contact shall apply during this procurement that began upon the date of issuance of this IFB and will be completed with either the execution of the Contract resulting from this procurement, or the cancellation of the procurement.

These rules are designed to promote a fair and unbiased procurement process.

Contact includes, but is not limited to, face-to-face, telephone, web-based meeting platforms (including viewing/sharing information on screen), text message/SMS, facsimile, email, electronic messaging of any kind or formal

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California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

written communication. Contact and communications include direct contact or direct communication and those made through an intermediary.

The specific rules of contact are as follows:

1. No Bidder, or any of its team members, may communicate with another Bidder or its team members with regard to the IFB or any other team’s Bid with the exception of Subcontractors that are shared between two or more Bidder Teams. In such cases, those Subcontractors may communicate with their respective team members so long as those Bidders establish a protocol to ensure that the Subcontractor will not act as a conduit of information between the teams. Contact among Bidder organizations is allowed during Authority sponsored informational meetings. Protocols established to ensure that Subcontractors do not act as conduits of information between teams are subject to Authority review and approval, at the Authority’s discretion.

2. Bidders shall correspond with the Authority regarding the IFB only through the Authority’s Designated Point of Contact.

3. Except for communications expressly permitted by the IFB or approved in advance by the Authority’s Chief Counsel in their sole discretion, no Bidder or representative thereof shall have any ex parte communications regarding the IFB or the procurement described herein with any member of the Authority Board or with any Authority staff. This includes any of the Authority’s advisors, contractors, or consultants (and their respective affiliates) that are involved with the procurement.

4. Bidders shall not contact the entities listed below, including any employees, representatives, and members regarding this IFB:

a) Federal Railroad Administration (FRA);

b) California State Transportation Agency (CalSTA);

c) California Department of Transportation (Caltrans);

d) California Department of General Services (DGS);

e) California High-Speed Rail Authority, including the Authority Board, except as provided in this RFP; and,

f) Firms subject to Bidder Ex Parte Communications prohibitions during this procurement (Table 2).

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5. The foregoing restrictions shall not, however, preclude or restrict communications with regard to matters unrelated to the IFB, or the procurement, or from participating in public meetings with the Authority or any Authority workshop related to this IFB.

6. Any communication determined to be improper, at the sole discretion of the Authority, may result in disqualification.

7. The Authority will not be responsible for any oral exchange or any other information or exchange that occurs outside the official IFB process.

Table 2: Firms Subject to Bidder Ex Parte Communications Prohibitions During this Procurement

Firms

AECOM KPMG, LLP

ARUP Network Rail Consulting

Ashurst, LLP Nossaman, LLP

Bluebird Advisors Ricardo

Cordoba Corporation Rutan and Tucker LLP

DB E.C.O. North America Inc. Turner & Townsend

Ernst & Young, LLP WSP Canada

Fluor WSP USA

Egis [RESERVED]

4.6. Organizational Conflicts of Interest

The use of the term “Bidder” in this section specifically applies to all interested parties from the date of issuance of the IFB including but not limited to Bidders, potential Bidders, and subcontractors. The Authority has adopted an Organizational Conflicts of Interest Policy (Policy) that will apply to this procurement and the resulting Contract, in addition to the Authority’s Conflict of Interest Code and other applicable requirements. The Policy can be found on the Authority’s website.

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B oa rd A pp ro va https://hsr.ca.gov/business-opportunities/general-info/organizational-conflict-of-interest-policy/

California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

Bidders are advised to carefully review the Policy, and to have their team members review the Policy, since it includes provisions that may:

1. Preclude certain firms from participation in this procurement; and,

2. Affect the ability of a Bidder, its subcontractors, and their Affiliates (as defined in the Policy) to contract with the Authority.

Failure to comply with the Policy in any respect, including the failure to disclose any actual, perceived, or potential organizational conflict of interest, may result in serious consequences as described in section V(2) of the Policy.

An organizational conflict of interest is a circumstance arising out of a Bidder or Contractor’s existing or past activities (including projects outside of the Authority’s program), business or financial interest, familial relationships, contractual relationships, and/or organizational structure (i.e., parent entities, subsidiaries, Affiliates, etc.) that results in or would result in the following:

i. Impairment or potential impairments of a Bidder to the Authority or of its objectivity in performing work for the Authority;

ii. An unfair competitive advantage for any Bidder submitting a Bid on an Authority procurement; or

iii. A perception or appearance of impropriety with respect to any of the Authority’s procurements or contracts, or a perception or appearance of unfair competitive advantage with respect to a procurement by the Authority (regardless of whether any such perception is accurate).

If an organizational conflict of interest is found to exist, the Authority may:

A. Disqualify the Bidder; or B. Determine that the Authority may contract with such Bidder if it is appropriate and possible to mitigate, neutralize, or avoid such conflict, which may include the addition of mitigation provisions to in the Contract awarded.

Each Bidder shall fully disclose any actual, perceived, or potential organizational conflicts of interest in its Bid using Form [H], Organizational Conflicts of Interest Disclosure Statement. Form [H] shall be filled out and signed, under penalty of perjury, by the Bidder, including a separate Form [H] for all members if bidding as a joint venture. A separate Form [H] shall also be filled out and signed, under penalty of perjury, by each Bidder Team member, including all subcontractors.

Form [H] requires a statement, signed under penalty of perjury by the company’s executive that the company considered the Policy and performed conflicts checks prior to submitting its Bid. The refusal to provide the required disclosure, D ra ft

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B oa rd A pp ro or any additional information required, may result in disqualification of the Bidder.

If nondisclosure or misrepresentation is discovered after award of the Contract resulting from this procurement process, the Contract may be terminated.

Note that business relationships on projects other than the California High-Speed Rail project may require disclosure if they involve consultants or contractors working on the California High-Speed Rail project.

By submitting its Bidder, each Bidder agrees that, if an organizational conflict of interest is discovered following submittal of the Bidder, including after any contract award arising out of this IFB process, the Bidder will make an immediate and full written disclosure to the Authority that includes a description of the action taken, or proposed to be taken, to avoid or mitigate such conflicts. To the extent applicable, the Contractor is required to self-certify annually that all required organizational conflict mitigations are in place, and Authority Contract Managers will enforce and provide oversight for required conflict mitigations.

If a Bidder requires an organizational conflict of interest determination related to this procurement, please immediately consult the Policy and provide the required information to the Authority’s Chief Counsel Thomas Fellenz at Legal@hsr.ca.gov with a copy to the lead attorney for this procurement, [Katherine Cook, at Katherine.Cook@hsr.ca.gov]. The determination may take between two to four weeks from receipt of all required information and/or documents in the checklist below. To expedite the determination process, the requestor is asked to provide the following information with the request:

Organizational Conflict of Interest Checklist:

(1) A summary of each of your company’s current and former contracts with the Authority, either as a contractor or subcontractor (include project section(s), if applicable, and the current status).

(2) A brief description of the scopes of work for the above-identified contracts, including tasks, deliverables, and key roles of personnel, if applicable.

(3) A brief description of the work, tasks, deliverables, and any key roles that your company expects to perform relative to the contract resulting from this procurement. (If not yet final, please be as detailed as possible.)

(4) A statement about whether your company or principals/employees of your company had any role in the development of this procurement or scope of work.

(5) A statement about whether your company or principals/employees of your company have learned, received, or were privy to any non-public

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B oa rd A pp ro va l mailto:Legal@hsr.ca.gov mailto:Katherine.Cook@hsr.ca.gov

California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

information regarding the scope of work, content, or development of this procurement.

(6) Information regarding the type of entity and/or corporate make-up of your company (for example, an LLC, sole proprietorship, corporation, etc.). If applicable, include whether it is a subsidiary of another company and/or if it is owned, in whole or in part, by another contractor working on the project.

(7) If your company is planning to seek work related to other Authority procurements, provide information regarding the procurement and the scope of work your company would likely perform.

(8) Any other information and/or documents that you believe are relevant to this analysis, including information regarding other public projects your company is a part of that may impact the Authority.

Please note that the Policy does not address all applicable requirements that may affect persons and entities wishing to enter into contracts with the Authority.

Examples of such requirements include but are not limited to: (a) the California Political Reform Act and regulations promulgated by the California Fair Political Practices Commission; (b) restrictions in Public Contract Code section 10365.5 with respect to certain contractors engaged to perform consulting services; and

(c) applicable rules of conduct established by the California Board for Professional Engineers, Land Surveyors, and Geologists.

4.7. Non-Exclusiveness of Subcontractors

Subcontractors are not precluded from being on more than one Bidder Team, subject to the provisions of Section [4.5], Rules of Contact. There is no prohibition against Subcontractors being exclusive to one Bidder, however, exclusivity is strongly discouraged for Small Business, Disadvantaged Business Enterprises, and Disabled Veteran Business Enterprise subcontractors.

4.8. Non-Commitment of Authority

This IFB does not commit the Authority to award a contract, to pay any costs incurred in the preparation of a Bid in response to this request, or to procure or contract for services or supplies. In connection with this procurement, the Authority reserves to itself all rights, which may be exercised by the Authority in its sole discretion, available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to the following:

1. Cancel this IFB in whole or in part at any time prior to the execution of a contract without incurring any cost obligations or liabilities.

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2. Accept or reject any or all Bids and all required submittals received as a result of this IFB.

3. Negotiate with any qualified Bidder selected for award.

4. Modify the IFB, in whole or in part.

5. Waive informalities, immaterialities, irregularities, mistakes, and deficiencies in a Bid; and/or permit clarifications related to such.

6. Issue a new IFB after cancellation of this IFB.

4.9. Bidder Requirements

The Bidder, and any Subcontractor that the Bidder intends to use to perform portions of the Work, shall be in good standing, or equivalent, and qualified to do business in the State of California.

The Bidder shall hold a current Seller’s Permit issued by the California Department of Tax and Fee Administration (CDTFA). See CDTFA's Seller's Permit FAQ page for more information.

4.10. Bidder’s Bond

Bidder shall submit a bid bond [equal to [10%] of the total Bid amount) at the time of Bid submittal.

Bidders shall utilize the Bidder’s Bond in Form [I]. The Bidder’s Bond is to be executed by an admitted surety insurer.

4.11. Prevailing Wage

To the extent applicable, in accordance with the provisions of Labor Code Sections 1770 - 1776, the Bidder shall adhere to the payment of prevailing wages as determined by the California Department of Industrial Relations (DIR).

The prevailing wage rate determinations can be downloaded from the DIR’s website. Copies of the DIR’s downloadable prevailing wage rate determinations are also on file at Authority Headquarters and are available to any interested party on request. Additional questions regarding prevailing wage determinations shall be referred to the DIR’s Division of Labor Statistics and Research, Prevailing Wage Unit, at the DIR’s website.

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B oa rd A pp ro va l https://www.cdtfa.ca.gov/taxes-and-fees/faqseller.htm http://www.dir.ca.gov/ http://www.dir.ca.gov/

California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

4.12. Equal Employment Opportunity and Nondiscrimination

The Contractor will be required to follow State and federal Equal Employment Opportunity and Nondiscrimination laws and regulations.

Bidders are advised that the Contractor shall not discriminate against any employee or applicant for employment or harass or allow harassment of any employee because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Actions covered by these laws and regulations shall include, but are not limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

The Bidder is also advised that the Contractor must comply with section 1735 of the California Labor Code, which reads as follows: A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of section 12940 of the Government Code, as those bases are defined in sections 12926 and 12926.1 of the Government Code, except as otherwise provided in section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.

4.13. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a Bid, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s Bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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4.14. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI)

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 must notify the Authority in writing if it: (1) intends to provide GenAI as a deliverable to the Authority; 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 an Authority system, (ii) risk to the Authority, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the Authority may result in disqualification. The Authority 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 of GenAI as required, the Authority reserves the right to incorporate GenAI Special Provisions into the final contract or reject Bids that present an unacceptable level of risk to the Authority.

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

4.15. The California Environmental Quality Act

By issuing this IFB, and by entering into any resulting Contract that mentions or refers to the California Environmental Quality Act (CEQA), Environmental Impact Report (EIR), and State environmental permitting laws/agencies and initially authorizes related work, the Authority does not: (a) waive the Authority’s rights regarding the application of the Interstate Commerce Commission Termination Act of 1995 (ICCTA), including the defense that ICCTA preempts CEQA’s application to the System; or (b) create an implied agreement that CEQA and/or such environmental permitting requirements apply to the System.

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California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

4.16. Federal Requirements

The IFB and any contract awarded by the Authority shall be subject to the requirements of applicable federal law, federal regulations and conditions in the Grant/Cooperative Agreements. The Authority reserves the right to modify the IFB, including the Contract documents, to address any concerns, conditions or requirements of the funding agencies, including FRA. The full Grant/Cooperative Agreements, including additional requirements are available for review on the Authority’s website at Funding Agreements.

4.16.1. Buy America Requirements

The federal Buy America requirements for this contract are as described in this section. The Bid Package must comply with these requirements to be considered.

4.16.1.1. Overview

This project is subject to FRA’s “Buy America” statute at 49 U.S.C. § 22905(a) and applicable FRA guidance (see FRA Buy America Frequently Asked Questions) and the Build America, Buy America Act (BABA) and 2 C.F.R. 184.6, requiring all iron, steel, and manufactured goods and construction materials used in an FRA-funded project to be produced in the United States. Collectively, these requirements are referred to as Buy America.

Contract award can be made only to a Bidder that has certified Buy America compliance (either by certification that Bidder will comply with the FRA Buy America requirements of 49 U.S.C. section 22905(a)(1) and 2 C.F.R. part 184) or by certification that Bidder cannot comply with the FRA Buy America requirements of 49 U.S.C. section 22905(a)(1) and/or 2 C.F.R. part 184 and the FRA has granted a corresponding waiver.)

No waivers under 49 U.S.C. § 22905(a)(2) or 2 C.F.R. section 184.7 currently exist for the Work contemplated in the Monobloc Concrete Ties Contract. Bids shall not be conditioned on any waivers or assume that any waivers will be granted.

4.16.1.2. Part I: Buy America Certification

Bidders shall complete and submit the following:

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B oa rd A pp ro va l https://hsr.ca.gov/about/capital-costs-funding/funding-agreements/ https://railroads.dot.gov/legislation-regulations/buy-america/buy-america-fras-high-speed-intercity-passenger-rail-program https://railroads.dot.gov/legislation-regulations/buy-america/buy-america-fras-high-speed-intercity-passenger-rail-program

1. Completed and signed Buy America Certificate of Compliance or Non-Compliance (Cert. [7]) to indicate that all Work will be Buy America compliant or that a waiver(s) will be required; and

2. If applicable: Any Buy America waiver written justification. If the Bidder states that a waiver(s) will be required, the Bidder shall submit sufficient written justification and documentation to support and process, if necessary, the waiver(s) with the Certificate of Non- Compliance (Cert. [7]).

Bidder certifications and waiver justifications are subject to FRA/Authority audit, and Bidder and its suppliers agree that, in submitting a Bid, they will provide all required information to support any such audit(s).

Bid Packages not accompanied by properly completed Buy America Certification may be rejected as non-responsive.

The two signature blocks on Cert. [7] are mutually exclusive. Bidders shall sign ONLY ONE signature block on the certificate. Signing both [Cert. 7] signature blocks may render the Bid nonresponsive. Making a knowing and willful false certification is a criminal act in violation of 18 U.S.C. §1001.

Bidders are bound by the certification(s) submitted with their Bid Packages and are not permitted to change certification(s) after submission of the Bid unless the requirements of 49 U.S.C. § 22905(a)(9) are met.

The Authority reserves the right to require Buy America certification submittals during the term of the Contract at appropriate times.

4.16.1.2.1. Written Justification for Waiver

If a Bidder certifies it cannot comply with the requirements of 49 U.S.C. § 22905(a)(1) and 2 C.F.R. part 184 on Cert. [7], it shall submit a written justification detailing the reasons it believes it meets the particular waiver exception(s). The written justification provided should also include a statement detailing the percentage of U.S. content in each component, construction material, or end product, as applicable.

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California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

At a minimum and where applicable, the written justification provided per this section should include the following information:

1. Description of the component not meeting the FRA Buy America requirement, including the required completed description of the efforts made to secure the component(s).

2. Description of the process used to find U.S. suppliers of component(s) for which a waiver is being requested and such process shows a commitment to finding and/or developing U.S.

suppliers in future procurements (Bidders are encouraged to use the services of the National Institute of Standards and Technology (NIST) Manufacturing Extension Partnership (MEP) or equivalent supplier scouting service to assist them);

3. Cost differential(s) to secure domestic component(s) as compared with nondomestic component(s);

4. Issues with quality or quantity of compliant component(s) (if applicable);

5. Issues with timely delivery of compliant component(s) (if applicable);

6. Citation to the specific 49 U.S.C. § 22905(a)(2) and/or 2 C.F.R.

part 184.7 waiver category(ies) under which the waiver is sought;

7. Justification supporting the application of the waiver category(ies) cited to the extent not already answered by the above;

8. Identification of any risks associated with manufacturing the component in the U.S. (if applicable); and

9. Explain how long it expects to need a waiver and what steps, in detail, Bidder is taking to manufacture this component in the U.S.

4.16.1.3. Part II – Buy America Audits

Bidder certifications and waiver justifications are subject to FRA/Authority audit, and Bidder and its suppliers agree that, in submitting a Bid, they will provide all required information to support any such audit(s).

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B oa rd A pp ro va l http://www.nist.gov/mep/ http://www.nist.gov/mep/

The Buy America process for this procurement may include pre-award and post-award audits. The Authority and/or its representative will also provide ongoing oversight of the Contractor’s Buy America compliance during the Contract term.

5. Bid Submission Requirements

Bid Packages must be submitted via hard copy delivery as well as electronically via an Authority provided link. The Bid Form containing the Bid must only be submitted via hard copy as part of the Bid Package and in its own separately sealed envelope.

5.1. Submission of Bid

Bids must be submitted no later than the date and time specified in Section [4, Table 1], Procurement Schedule.

5.1.1. Hard Copy Submission

Bids submitted via mail or hand delivery must be enclosed in an envelope or under sealed cover. The exterior of the envelope or sealed cover must be clearly marked with all of the following information:

(1). BIDDER’S NAME

(2). BIDDER’S ADDRESS

(3). BID PROPOSAL # HSR[x], DO NOT OPEN UNTIL SEPTEMBER 30, 2025 AT [TIME], ATTN: [x].

Bids shall be delivered to the following address:

California High-Speed Rail Authority

Attn: [POC]

770 L Street, Suite 620

Sacramento, CA 95814

Mailed or hand delivered Bids not enclosed in an envelope or under sealed cover will be rejected.

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California High-Speed Rail Authority Instructions to Bidders – HSR xx-xx:

5.1.2. Electronic Submission

Each Bidder shall also provide an electronic version of everything in its Bid Package, except for the Bid Form (Form B). The electronic copy should be submitted as a single PDF file. The PDF file shall be printable, searchable, in a read-only format, and should not require a password to open or print. The file name shall include the IFB number and Bidder name as shown below:

HSR2X-XX_JohnDoeConsulting.pdf

Each Bidder should email the Authority’s Designated Point of Contact at least two Business Days before the anticipated submittal of its Bid Package. The email request shall include:

• Bidder’s name or team name;

• Bidder’s email address; and

• The IFB number

After receipt of the Bidder’s email request, the Authority’s Designated Point of Contact will provide a link, unique to the Bidder to upload its Bid Package to the Authority. Failure to notify the Authority two Business Days in advance may cause delays in the Bidder’s receipt of an upload link and impact its ability to upload its Bid Package in a timely manner. The Authority has the discretion to work with a Bidder in the case of technical issues for electronic submittals.

5.1.3. General Submission Requirements

Bids must be received by the Authority no later than the date and time specified in Section 4, Table 1, Procurement Schedule. Any Bid received after the specified due date and time will not be considered.

Bid Packages shall include all required bid documents and submittals identified in the Required Bid Documents Checklist, Attachment [A]. Only submit the required bid documents with your bid, not the entire IFB package. Bids and Bid Packages not including the required bid documents may be deemed non-responsive.

All documents requiring a signature must bear an original or electronic signature of a person authorized to bind the bidding firm.

Bids must be submitted for all of the Work described herein. Any deviation from the specifications will not be considered and will cause a bid to be rejected.

Costs for developing bids in anticipation of award of the Contract are entirely the responsibility of the Bidder and shall not be charged to the Authority.

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If a Bidder is a party to or submits more than one Bid under the same or different names, such Bids may be rejected.

A Bidder may modify a Bid, pursuant to the directions in the following paragraph, after its submission by withdrawing its original Bid and resubmitting a new Bid prior to the bid submission deadline. Bid modifications offered in any other manner, oral or written, will not be considered. Bid modifications or corrections thereof received after the bid submission deadline will be rejected.

A Bidder may withdraw…