IFB_0000031459_-_Audio_Visual_Conference_Services.pdf

Department of General Services Audio and Visual Conference Services Procurement Division BU 7350 Event ID 0000031459

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

INVITATION FOR BID

Audio and Visual Conference Services

EVENT ID 0000031459

June 5, 2024

BIDS ARE DUE BY: June 18, 2024 at 2:00 PM PT

RETURN BID TO:

OTA@dgs.ca.gov mailto:OTA@dgs.ca.gov

SCOPE

METHOD OF AWARD

DRAFTS

NEGOTIATIONS

STATE FINANCIAL MARKETPLACE

ALTERNATIVE PROTEST PROCESS

RESPONSIBLE BIDDER

BIDDER INSTRUCTIONS

ADDENDA

PROCUREMENT OFFICIAL

BIDDER QUESTIONS

DESIGNATION OF REQUIREMENTS

VALIDATION OF REQUIREMENTS

CLARIFYING INFORMATION

AGREEMENT COVER LETTER AND CONTRACT PROVISIONS

STATEMENT OF WORK

COST WORKSHEET

NARRATIVE RESPONSE

SELLER’S PERMIT AND SECRETARY OF STATE

CUSTOMER REFERENCES

DECLARATION FORMS

SOCIOECONOMIC PROGRAMS

A. Disabled Veteran Business Enterprise (DVBE) Program Requirements and DVBE Incentive:

B. Small Business Preference C. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) D. Non-Small Business Subcontractor Preference E. Target Area Contract Preference Act (TACPA) Preference

COMMERCIALLY USEFUL FUNCTION (CUF)

DARFUR CONTRACTING ACT

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

IRAN CONTRACTING ACT

PAYEE DATA RECORD

INSURANCE REQUIREMENTS

FEDERAL DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY CERTIFICATION

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION

EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

TAX DELINQUENCY

FREE ON BOARD (F.O.B.) DESTINATION

STATE’S OWN BID DOCUMENTS/SOLICITATION

ADDITIONAL TERMS AND CONDITIONS

AMENDMENTS

BID SUBMITTAL

BID RESPONSE LIST

AWARD NOTIFICATION

ATTACHMENTS

SCOPE

This Invitation for Bid (IFB) is a One Time Acquisition conducted by the State of California, Department of General Services, Procurement Division (DGS-PD) to cover the requirements of the Department of Industrial Relations (DIR) for Audio and Visual Conference Services as described on Attachment 1 - Statement of Work, and Attachment 2 - Cost Worksheet.

The term of any agreement resulting from this solicitation will be for three (3) years upon DGS approval of the Purchase Order. The agreement will contain one (1) extension options for one (1) year or portion thereof. If a mutual agreement for an agreement extension cannot be met, the agreement will expire at the end of the current agreement term.

METHOD OF AWARD

Bid submittals will be evaluated in accordance with Attachment 1, Exhibit D – Evaluation Criteria.

Award will be made on an "All or None" basis, to the responsive and responsible Bidder with the lowest cost, including all applicable preference and incentive calculations.

In the event of a tie, a coin toss will be a permissible tiebreaker. Such event will be conducted by the procurement official and observed by a state employee as witness.

DRAFTS

If the State determines that bids from all Bidders contain material deviations, the State may declare the bids to be draft bids. If bids are declared drafts, the State will issue an addendum to the solicitation document and confidential discussions may be held with the Bidders who wish to continue in the bidding process. Notifying the Bidder of defects is intended to minimize the risk that the final bids will be deemed non-compliant; however, the State will not provide any warranty that all defects in the draft bids have been detected. Notification of defects in the draft bid will not preclude rejection of the final bid, if undiscovered defects contained in the declared draft bid are later found in the final bid. Oral statements made by either party during confidential discussions shall not be binding.

NEGOTIATIONS

The State may elect to enter into negotiations pursuant to Public Contract Code §6611 if conditions exist. Should the State elect to negotiate, the process shall be described in writing and provided to the parties involved prior to commencement of negotiations.

STATE FINANCIAL MARKETPLACE

The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing purchase (using GS $Mart), or operating lease (using Lease $Mart) through the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is done through the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor will pay the Contractor on behalf of the State for all product listed on the State's procurement document.

ALTERNATIVE PROTEST PROCESS

This solicitation/acquisition is being conducted under the provisions of the Alternative Protest Process (Public Contract Code section 12125, et seq.) By submitting a bid or proposal to this solicitation, the bidder consents to participation in the Alternative Protest Process and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5. Link to the Alternative Protest Process regulations:.

A Notice of Intent to Award for this solicitation will be publicly posted on the Department of General Services Procurement Division webpage and sent via facsimile to any bidder who submits a written request for notice and provided a facsimile number. DGS/PD webpage link.

During the protest period, any participating bidder may protest the proposed award on the following grounds:

1. For major information technology acquisitions – that there was a violation of the solicitation procedure(s), and that the protesting bidder’s bid should have been selected; or

2. For any other acquisition – that the protesting bidder’s bid or proposal should have been selected in accordance with the selection criteria in the solicitation document.

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 1st working day after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

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 Fax: 916 / 376-6226

Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

Protest bond requirement: bond amount for this Alternative Protest Process shall be 10 percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, section 1418.

https://www.dgs.ca.gov/OAH/Case-Types/General-Jurisdiction/Resources/Page-Content/General-Jurisdiction-Resources-List-Folder/Laws-and-Regulations/Bid-Protest-Regulations https://www.dgs.ca.gov/OAH/Case-Types/General-Jurisdiction/Resources/Page-Content/General-Jurisdiction-Resources-List-Folder/Laws-and-Regulations/Bid-Protest-Regulations https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Award-Notifications?search=Award%20Notice

RESPONSIBLE BIDDER

DGS-PD may require Bidders to submit evidence of their qualifications. This includes, but is not limited to, the necessary number of personnel with the skills required, equipment of appropriate type and sufficient quantity, financial resources sufficient to complete performance under the agreement, and experience in similar endeavors. If such information is required, the Bidder will be notified to submit the required information. If the State determines the Bidder is not responsible, the bid will be rejected.

BIDDER INSTRUCTIONS

The Bidder Instructions include the Bidder’s and the State’s rights and responsibilities for the bidding process, unless otherwise specified in this solicitation. Bidder Instructions are located at the following link: Bidder Instructions (rev 11/09/2011).

ADDENDA

If the solicitation is revised by an addendum, Bidder is required to meet all requirements of the most current addendum, including using any updated forms.

The IFB document is not required to be submitted with the bid. This language supersedes GSPD- 451, Bidder Instructions (rev 11/09/2011) section 3.b., Solicitation Addendum (Addenda).

PROCUREMENT OFFICIAL

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

Procurement Official: Wei Peach Telephone: (279) 946-8388 Email: wei.peach@dgs.ca.gov

Backup Procurement Official: Kimmi Carey Telephone: (279) 799-4322 Email: kimmi.carey@dgs.ca.gov

Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Bid Submittal Email: OTA@dgs.ca.gov

The Procurement Official shall be the single point of contact. In the event the Procurement Official is unavailable, the Backup Procurement Official should be contacted. All inquiries and questions must be directed to only this person. Oral communications are discouraged and shall not be binding to the State. Bidders should only rely on written statements issued by the Procurement Official.

Bids shall be submitted in accordance with Section 37, Bid Submittal.

http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf mailto:wei.peach@dgs.ca.gov mailto:kimmi.carey@dgs.ca.gov

BIDDER QUESTIONS

This IFB addresses all requirements that Bidders must meet to be eligible for consideration. Bidders must carefully read the entire IFB, ask appropriate questions in a timely manner, and make sure all procedures and requirements of the IFB are accurately followed and addressed.

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

All questions, comments, and concerns should be immediately directed to the Procurement Official, in writing, no later than June 11, 2024. All questions and/or concerns shall be directed to both the Procurement Official and the Backup Procurement Official listed above in Section 10. If a Bidder submits a question after the scheduled date(s), the State will attempt to answer the question but does not guarantee that the answer will be prior to the bid due date.

Note: Answers to all questions will be posted via an Addendum.

DESIGNATION OF REQUIREMENTS

The State has established certain requirements with respect to bids to be submitted by prospective contractors. The use of “must,” “shall” or “will” (except to indicate simple futurity) in the IFB indicates a requirement or condition that 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, amount paid to the Contractor, or on the cost to the State. Material deviations cannot be waived.

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.

VALIDATION OF REQUIREMENTS

The State will check each bid detail to determine its compliance to the bid requirements. If a bid fails to meet bid requirements, the State will determine whether the deviation is material. A material deviation will be cause for rejection of the bid. An immaterial deviation will be examined to determine if the deviation will be accepted. If accepted, the bid will be processed as if no deviation had occurred.

CLARIFYING INFORMATION

During the evaluation and selection process, the State may ask the Bidder to clarify conflicting information in their bid response when compliance to the solicitation requirements cannot be determined. Clarifications provided by the Bidder may not change the original bid submission.

Missing or non-compliant bid response information is not grounds for the State to request clarification. Clarification will not be requested if the Bidder has been deemed non-compliant to other mandatory requirements. It is the responsibility of the Bidder to submit a complete, legible, and comprehensible bid.

Failure to submit the requested written information within the timeframe provided by the State will be grounds for bid rejection.

AGREEMENT COVER LETTER AND CONTRACT PROVISIONS

All Bidders must complete the Agreement Cover Letter and include it with the bid. The Agreement Cover Letter (which shall be considered an integral part of the bid) shall be signed by an individual who is authorized to bind the bidding firm contractually. An unsigned Agreement Cover Letter shall cause the bid to be rejected.

By signing the Agreement Cover Letter and submitting a bid, Bidder is agreeing to accept all of the terms and conditions of the IT General Provisions without addition or modification.

Bidder also agrees to comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California.

STATEMENT OF WORK

All products offered must comply with the requirements described in Attachment 1 –Statement of Work.

COST WORKSHEET

Attachment 2 – Cost Worksheet shall be used by Bidders to enter costs for the solicitation. To be considered for award, all line items in Attachment 2 – Cost Worksheet must be bid.

Prices quoted shall be all inclusive. Only the prices submitted in the bid response shall be included in the awarded agreement. No other fees can be charged to the customer.

Attachment 2 – Cost Worksheet must be filled out completely or the bid may be rejected.

Modification of the Cost Worksheet may disqualify the Bidder.

Bidders shall submit one (1) electronic copy in Microsoft Excel format of the completed Attachment 2 – Cost Worksheet with the emailed bid response.

Failure to submit the Attachment 2 – Cost Worksheet with the bid response shall result in the bid being considered non-responsive.

NARRATIVE RESPONSE

The IFB includes some items that require a narrative response. Those items have been listed on Attachment 3 – Narrative Response. Bidders shall input narrative responses on the attachment only, and only for the items requested. If necessary, Bidders may add pages to the attachment to further explain their response.

Bidders shall not input narrative responses within the IFB document, nor should narrative responses be included for items the State did not list on Attachment 3 – Narrative Response.

https://www.dgs.ca.gov/-/media/1DCB49CFFD9642C4ADD9FCEDAB5C1D95.ashx https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E

SELLER’S PERMIT AND SECRETARY OF STATE

Bidders are required to provide their Seller’s Permit number and, if a corporation or limited liability company, their Secretary of State (SOS) certification number on Attachment 3 – Narrative Response.

Seller’s Permit is required for tangible personal property. It is not required for services.

A copy of the Seller’s Permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the California Department of Tax and Fee Administration (CDTFA) must be provided within five (5) days of request by the State or the bid may be deemed non-responsive.

For instructions on how to obtain a California Seller’s Permit or register to do business in the State of California, visit the California Department of Tax and Fee Administration website.

If applicable, SOS certification must be approved and in “Active” status prior to agreement award.

CUSTOMER REFERENCES

Prior to award, at the State’s sole discretion, Bidders are required to submit customer references in order to demonstrate to the State that the Bidder can provide the services and can handle the anticipated spend for this solicitation.

Customer References must be for the Bidder. Customers are defined as end-users of the product.

References from a contractor for which the Bidder did sub-contract work are not acceptable.

Customer references shall:

• Be for work performed within the last five (5) years prior to bid submission due date

• Be for similar product or services to that requested in this IFB

• In total, must be valued at or above $200,000.00. An accumulation of orders from a single customer or multiple references from different customers totaling the applicable minimum value is acceptable.

• Confirm that the Bidder’s overall performance of contract requirements was, at minimum, satisfactory.

References from the DGS-PD are not acceptable. References for transactions against California Statewide Contracts or other Leveraged Procurement Agreements must be from an ordering department.

Attachment 1, Exhibit G - Customer Reference Form shall be used by Bidders for customer references. Customer references must be provided on this form only. References submitted in any other format will not be considered. Bidders are required to submit Customer Reference Forms with the bid response.

The State may contact customer references to verify the information on the submitted forms. Failure to submit compliant references may result in rejection of the bid.

https://www.cdtfa.ca.gov/

DECLARATION FORMS

All Bidders must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid response. When completing the declaration, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded an agreement are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the agreement.

If a Bidder proposes the use of a subcontractor for a portion of the agreement, the Bidder agrees that all requirements will be adhered to and that requirements will apply to subcontractors. All subcontractors must comply fully with the administrative and technical requirements that are applicable with the portion of the work being delegated to the subcontractor.

Bidders and any subcontractors who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed Disabled Veteran Business Enterprise Declaration Form DGS PD 843. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form. The completed form should be included with the bid response.

SOCIOECONOMIC PROGRAMS

This solicitation may include the following socioeconomic programs:

A. Disabled Veteran Business Enterprise (DVBE) Program Requirements and Incentive B. Small Business Preference C. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) D. Non-Small Business Subcontractor Preference E. Target Area Contract Preference Act (TACPA) Preference

All certified firms must perform a “commercially useful function” in the performance of the contract as defined in Government Code (GC) section 14837(d)(4).

The Contractor must notify the State Procurement Official by written notification of any proposed changes in the SB and/or DVBE subcontractors made during the term of the agreement. Changes cannot be made without State Procurement Official approval.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirements and DVBE Incentive:

This solicitation does not require a minimum DVBE participation percentage. The DVBE participation requirement has been waived; however, this solicitation provides an incentive for DVBE participation.

To be considered for the incentive, Bidders must complete and return the Bidder Declaration Form GSPD-05-105, the DVBE Declarations Form STD. 843, and a signed, written confirmation (described below). The California DVBE Bid Incentive Instructions include information about the DVBE incentive. If applicable, Bidders must claim this incentive on Attachment 3 – Narrative Response.

Written Confirmation:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/-/media/10D6B9D24A5E4D0CB6DB27FCA1572CC2.ashx

A written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided with the bid. The written confirmation must include the solicitation number and be signed by the Bidder and DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations may render the bid non-responsive. If further verification is necessary, the state will obtain additional information to verify compliance with the above requirements.

DVBE Participation Reporting Requirements If a contract/purchase order is awarded from this solicitation with a commitment from the prime Bidder to achieve DVBE participation, pursuant to Military and Veterans Code Section 999.5, the prime contractor must, within sixty (60) days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement), certify the information contained in the Prime Contractor’s Certification – DVBE Subcontractor Report. This form should be provided by and returned to the ordering agency by the prime Contractor. It is the prime Contractor’s responsibility to ensure the form is received, completed, and returned within the stated timeframe.

The state reserves the right to verify all of the above information. Any person or entity that knowingly provides false information shall be subject to a civil penalty for each violation as stated in Military and Veterans Code Section 999.5(d).

DVBE Subcontractor Substitution The Bidder understands and agrees that should award of this contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid offer, per Military and Veterans Code section 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the DGS-PD. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC section 999.9; Public Contract Code (PCC) section 10115.10.

B. Small Business Preference A 5 percent bid preference is available to Bidders certified as a small business in accordance with GC 14835 et seq. If applicable, Bidders must claim this preference on Attachment 3 – Narrative Response.

Bidders claiming the small business preference must be certified by California as a small business. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m.

PT on the bid due date, and the OSDS must be able to approve the application as submitted.

The Small Business regulations concerning the application and calculation of the small https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf business preference, small business certification, responsibilities of small business, department certification, and appeals can be viewed in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, section 1896 et seq.).

C. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) SB/NVSA prime Bidders meeting requirements specified in the Military and Veterans Code (MVC) section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5 percent small business preference. If applicable, claim the preference on Attachment 3 – Narrative Response. SB/NVSAs claiming the small business preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

D. Non-Small Business Subcontractor Preference A 5 percent bid preference is available to a non-small business claiming 25 percent California Certified small business subcontractor participation. If applicable, claim the preference on Attachment 3 – Narrative Response.

E. Target Area Contract Preference Act (TACPA) Preference This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid.

A preference will be granted to California-based Bidders in accordance with the Target Area Contract Preference Act (TACPA), Government Code Section 4530 et seq. and the California Code of Regulations, Title 2, Section 1896.30- 1896.41 Bidders must apply to be eligible for the TACPA preference, but application is not required to participate in this solicitation. Bidders are alerted that proposed Worksite and Workforce obligations for TACPA preferences must be met during the contract period if preferences are granted, regardless of preference amount needed to win a contract award.

Bidders desiring to claim TACPA preferences must submit a fully executed copy of the Standard Form 830, Bidder’s Summary form, and Manufacturer’s Summary form (if supplying goods) with their bid. These forms can be found at the following links:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf (STD 830) http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf (Manufacturer Summary) http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf (Bidder’s Summary)

The State reserves the right to verify, validate, and clarify all information contained in the TACPA application (STD 830). This includes, but is not limited to, information from bidders, manufacturers, subcontractors, and any other sources available at time of bid evaluation.

Bidder's refusal to agree or comply with these terms, or failure to provide additional supporting information at the State's request may result in denial of the requested preference.

Bidders are advised that TACPA workforce preferences between 1-4 percent are based on the bidder agreeing to hire certain identified persons equal to a percentage of its workforce https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IABE101D0D49111DEBC02831C6D6C108E&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IABE101D0D49111DEBC02831C6D6C108E&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf during the contract performance period. The application form, STD 830, incorrectly lists workforce preference as percentage of total contract labor hours.

If bidding by group, Bidder may need to complete and submit separate forms for each group for which the preference is being requested.

The DGS-PD, Dispute Resolution Unit (DRU) will process all TACPA site evaluations utilizing an integrated map located at the following link: http://tacpa.dgs.ca.gov

Any questions regarding the TACPA preference should be directed to TACPA@dgs.ca.gov.

COMMERCIALLY USEFUL FUNCTION (CUF)

Suppliers, whether the Bidder or a subcontractor, who have a California certification for one (1) or more of the socio-economic programs (i.e., small business or DVBE), must perform a Commercially Useful Function (CUF) in the resulting contract. CUF is defined in the Military and Veterans Code section 999(b)(5)(B) for DVBEs and in the Government Code section 14837(d)(4)(A) for small business as consisting of all the following:

• Responsibility for the execution of a distinct element of the work

• Actually performing, managing, or supervising the work

• Performing work that is normal for its business services and functions

• Not further subcontracting work that is greater than that expected by normal industry standards

• Responsible, with respect to any products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing (if applicable), and making payment

Bidders shall describe in detail how each certified SB and/or DVBE, whether the Bidder or a subcontractor, meets the CUF criteria on Attachment 3 – Narrative Response.

A Contractor, subcontractor, or supplier is not considered to perform a CUF if their role is limited to that of an extra participant through which funds are passed in order to obtain the appearance of participation.

At the State’s option, Bidders may be required to submit additional written clarifying information regarding CUF. Failure to submit the requested written information, as specified, may be grounds for rejection of the bid.

DARFUR CONTRACTING ACT

Public Contract Code sections 10475 -10481 applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States.

For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the DGS to submit a proposal.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a http://tacpa.dgs.ca.gov/ mailto:TACPA@dgs.ca.gov contract with a State agency for goods or services (Public Contract Code section 10477(a)), unless written permission from the Director of DGS to bid on this procurement has been granted (Public Contract Code section 10477(b)).

A Bidder is required to submit a completed Darfur Contracting Act form if their company currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Darfur Contracting Act form should be submitted with the bid response. Failure to submit required information may result in the bid being considered non-responsive.

If a Bidder has not conducted business outside of the United States in the last three (3) years, this section does not apply. Bidders shall submit their response on Attachment 3 - Narrative Response.

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to PCC section 2010, any Bidder entering into or renewing an agreement over $100,000 on or after January 1, 2017, shall certify all the following:

A. That they comply with the Unruh Civil Rights Act (section 51 of the Civil Code).

B. That they comply with the California Fair Employment and Housing Act (FEHA) (Chapter 7

(commencing with section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

C. (1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (section 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations, or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (section 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

Bidders are required to submit the California Civil Rights Laws Certification form with the bid response. Failure to submit this form may result in the bid being considered non-responsive.

IRAN CONTRACTING ACT

Pursuant to the Iran Contracting Act of 2010 (PCC sections 2200 through 2208 are “the Act”), vendors are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the state for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities in Iran, as defined in the Act. Prior to submitting a bid or proposal and prior to executing any state contract or renewal for goods or services of one million dollars ($1,000,000) or more, a vendor must complete and return the attached Iran Contract Act Certification form with their bid response certifying that it is not on the list of ineligible vendors prohibited from doing business with the State of California.

Bidders are required to submit the Iran Contracting Act Certification with the bid response. Failure to submit this form may result in the bid being considered non-responsive.

https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.dgs.ca.gov/-/media/A7EE965578CA4CC1A63087423C7BED0C.ashx

PAYEE DATA RECORD

To be awarded this agreement, the Bidder is required to complete, sign, return a Payee Data Record (STD 204) with within five (5) days of request by the State.

INSURANCE REQUIREMENTS

The Contractor must maintain in force applicable insurance in accordance with the IT General Provisions (rev 6/21/2022), Article 20 entitled “Insurance.”, and the Insurance Requirements in Attachment 1, Exhibit F – Special Terms and Conditions. Contractor shall furnish an insurance certificate evidencing required insurance coverage acceptable to the State within five (5) working days of request.

FEDERAL DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY CERTIFICATION

Expenditures from this contract may involve Federal funds. The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the contract file, a certification by the Contractor that they have not been debarred nor suspended from doing business with the Federal government. Bidders must submit the Federal Debarment Certification form with the bid response. If this document is not submitted with the bid response, Bidder shall provide it within five (5) working days after request from the State. Failure to submit this form may result in the bid being considered non-responsive.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION 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.

Bidders must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder. The GenAI Disclosure & Factsheet form should be submitted with the bid response. If this document is not included in the bid response, Bidder shall provide it within five (5) working days after request from the State.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet (STD 1000) will result in disqualification of the Bidder and may void any resulting contract. The State reserves the right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder’s GenAI Disclosure & Factsheet the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids that present an unacceptable level of risk to the State.

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 or proposal, 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/proposal any time prior to http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/-/media/D4C59DC1DD754EB4991091E27D02E395.ashx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

TAX DELINQUENCY

Pursuant to the Public Contract Code section 10295.4, prior to executing any State agreement or renewal for non-IT goods or services, the contracting department must verify that the Bidder in not on either of the prohibited lists below. If Bidder is on either list, they will be ineligible for agreement award.

FTB Top 500 Delinquent Taxpayers

CDTFA Top 500 Sales & Use Tax Delinquencies in California

FREE ON BOARD (F.O.B.) DESTINATION

For the purpose of this bid, only bids quoted F.O.B. Destination, Freight Prepaid, will be accepted.

No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the State unless expressly included and itemized in the Contract. International shipments will be Delivered Duty Paid (DDP). Import Costs, duties, taxes, value added tax, or any other transportation or customs costs will not be paid by the State unless expressly included and itemized in the Agreement.

The sales tax rate applied should be based on the rate of the area where the product is to be delivered, unless the deliverable is a vehicle, in which case the sales tax rate applied should be based on the rate where the vehicle will be registered with the California Dept. of Motor Vehicles

(DMV).

All freight charges over $50 require a supporting prepaid freight bill prior to freight payment.

STATE’S OWN BID DOCUMENTS/SOLICITATION

Only bids quoted on the State's own bid documents will be considered. Documents include all forms and attachments required to be submitted. Alteration of the State’s documents may result in rejection of the bid. Bids submitted referencing supplier attachments which include terms and conditions that conflict with the State's complete solicitation shall be considered non-responsive and such bids shall be rejected.

ADDITIONAL TERMS AND CONDITIONS

The State objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder. This applies to any language appearing in documents attached as part of the bidder’s response. In signing and submitting the Agreement Cover Letter, the bidder agrees that any additional terms and conditions whether submitted intentionally or inadvertently, shall have no force or effect. Bids with terms and conditions attached may be subject to rejection.

AMENDMENTS

Consistent with the terms and conditions of the original solicitation, and upon mutual consent, DGS and the Contractor may execute written amendments to the Purchase Order (and or Contract).

file://YO00FIL001/Common2/Acquisitions/One%20Time%20Acquisitions/IT%20-%20FORMS%20-%20TEMPLATES/FORMS/RFQ-IFB-RFO%20TEMPLATES/Use%20for%20EMAIL%20Responses/FTB%20Top%20500%20Delinquent%20Taxpayers https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

BID SUBMITTAL

Bids must be received by the bid due date and time listed on page one (1) of this solicitation. Bids received after this date and time will not be considered.

The completed bid response shall be submitted by email as follows:

• Email bids to OTA@dgs.ca.gov

• Only bids received to this mailbox will be considered. Bids shall not be sent to any other mailbox.

• Email should clearly identify in the Subject Line: Bid Response for BU 7350, Event ID

0000031459, 6/18/2024, Wei Peach, <Company Name>

• Emails will not be opened by the Procurement Official until the required bid due date and time.

Emails should not exceed one hundred fifty (150) megabytes (MB). The State’s mail server may automatically reject excessively large emails. Bidder may submit multiple emails if file size exceeds the recommended one hundred fifty (150) MB. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.) in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved

Hard copy and faxed bids will not be accepted for this solicitation.

BID RESPONSE LIST

Bidders shall include the following documents and attachments as required in the IFB. Documents should be provided in the same order as listed below. Document links are contained in each applicable section when not attached to the solicitation.

Required with Bid Response Description Section

Agreement Cover Letter 15 Attachment 2 – Cost Worksheet 17 Attachment 3 – Narrative Response 18 Customer References 20 Bidder Declaration Form (GSPD-05-105) 21 Darfur Contracting Act 24 California Civil Rights Laws Certification form 25 Iran Contracting Act Certification 26 https://www.dgs.ca.gov/-/media/1DCB49CFFD9642C4ADD9FCEDAB5C1D95.ashx https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.dgs.ca.gov/-/media/divisions/pd/acquisitions/solicitation%20document%20attachments/darfur%20contracting%20act.pdf http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.dgs.ca.gov/-/media/A7EE965578CA4CC1A63087423C7BED0C.ashx

Required with the Bid Response only if the Bidder and/or subcontractor is a certified SB/DVBE and/or Bidder is claiming a preference or incentive

Description Section

Disabled Veteran Business Enterprise Declaration Form DGS PD 843 22 Target Area Contract Preference Act (TACPA), request form (Std. 830). 22 Manufacturer’s Summary, form (DGS PD 525) for goods only. 22 Bidder’s Summary, form (DGS PD 526) for goods and services. 22

Requested with Bid Response, required within five (5) working days after notification from the State, before award Description Section

Copy of Seller’s Permit 19 Payee Data Record (STD 204) 27 Insurance Certificate 28 Federal Debarment Certification 29 Generative AI Disclosure & Fact Sheet (STD 1000) 30

This IFB document is not required to be submitted with bid.

The State makes no warranty that the response list is a full and comprehensive listing of every requirement specified in the IFB. Checking off the items on the list does not establish the Bidder’s intent nor does it constitute responsiveness to the requirements. The list is only a tool to assist participating Bidders in compiling their bid response and does not establish intent nor does it constitute responsiveness to the requirements. Bidders are encouraged to carefully read the entire IFB. The need to verify all documentation and responses prior to the submission of bids cannot be over emphasized.

AWARD NOTIFICATION

If you would like to receive notification of the bid results and intended awardee, please include a “Notice of Intent to Award” request along with your submitted bid.

ATTACHMENTS

The following list identifies the applicable Attachments for this solicitation:

• Attachment 1, Exhibit A – Statement of Work of eight (8) pages

• Attachment 1, Exhibit B – Budget Detail and Payment Provisions of two (2) pages

• Attachment 1, Exhibit C – Evaluation Plan of three (3) pages

• Attachment 1, Exhibit D – Evaluation Criteria of five (5) pages

• Attachment 1, Exhibit E – Requirements of nine (9) pages

• Attachment 1, Exhibit F- Special Terms and Conditions of two (2) pages

• Attachment 1, Exhibit G – Customer Reference Form of two (2) pages

• Attachment 2 – Cost Worksheet of two (2) pages

• Attachment 3 – Narrative Response of three (3) pages http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://www.dgs.ca.gov/-/media/6E5A30EF583B48CF85DEDAB178FDFC42.ashx https://www.dgs.ca.gov/-/media/D4C59DC1DD754EB4991091E27D02E395.ashx

• Attachment 4 – Work Authorization Form of one (1) page

End of Document

BU 7350, IFB 0000031459

Attachment 1, Exhibit A

EXHIBIT A

STATEMENT OF WORK

This Statement of Work (“Agreement”) reflects the services to be provided by CONTRACTOR, hereinafter referred to as the “Contractor,” for the Department of Industrial Relations (DIR), hereinafter referred to as the “State”.

SCOPE

Contractor shall provide audio and visual meeting services at events each year to allow in-person and remote parties to attend the meeting with adequate audiovisual services to ensure attendees can hear, see, and participate in the meetings in English and Spanish or other languages as needed, as well as access previous meeting recordings in an online dashboard. The dashboard is used for internal communication and internal document storage/usage. Videos will be stored on an online portal that houses meeting videos, related documents, and archives by each program. The number of meetings is an estimated one hundred and seventy (170) per year for three (3) years, for a total of five hundred and ten (510) events over the three (3) years.

Contractor will provide services for the following meeting types throughout California:

Press conferences, division-specific outreach, multi-division outreach events, labor rights caravans, California Workplace Outreach Project (CWOP) Meetings, DIR Town Halls, scripted video recordings, formal and informal rulemaking, public meetings, internal trainings or workshops, Board or Council Meetings, Advisory Committees, Subcommittee Meetings and more to be identified as needed by DIR within the scope of the services detailed in this agreement.

PERIOD OF PERFORMANCE

The term of this Agreement will be effective for three (3) years upon DGS approval of the Purchase Order. This contract may be extended for one (1) optional year at bid rate.

The contract may be amended consistent with the terms and conditions of this contract and by mutual consent of both parties, subject to approval by DIR. No parties and variation of the terms of this contract shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding not incorporated in the contract is binding on any of the parties.

LOCATION

The Contractor will provide services remotely and/or onsite at DIR offices and other locations as needed throughout the state of California. The meetings may occur at indoor or outdoor locations in any part of California. Some meetings will occur on a scheduled basis and others may be unplanned with little advance notice.

MEETING SERVICE TYPES

ONLINE MEETING 1 (ONLINE ONLY)

Online Meeting through Zoom, Webex, Teams, or another platform. Contractor provides virtual assistance with scheduling, moderation, and participant management, remote meeting support and presentation assistance. Edited video of meeting and three (3) year archive of meeting video.

ONLINE MEETING 2 (ONLINE ONLY)

Online Meeting through Zoom, Webex, Teams, or another platform. All meeting services provided in Online Meeting 1 plus three (3) pre-planning sessions, multiple languages, rehearsals, and Contractor provided meeting Dashboard for key party interaction.

Includes Q&A, polling, breakout room management as needed.

HYBRID MEETING 1 (IN-PERSON/ONLINE)

Hybrid Meeting in-person and online meeting. Contractor provides all meeting services provided in Online Meeting 1 and 2 plus, integration with Zoom, Webex, Teams, or other platforms including equipment, labor, setup, operation, and removal of gear. Does not include webcasting.

HYBRID MEETING 2 (IN-PERSON/ONLINE)

Hybrid in-person and online meetings with webcast. All meeting services that are provided in Online Meeting 1 and 2, Hybrid Meeting 1, plus webcasting in multiple languages in both video and audio formats. Includes commenter queue management and leader support from Contractor, plus for formal Board Meetings, Council Meetings and Subcommittee Meetings, Contractor will follow the steps outlined in the Attachment 1, Exhibit F Requirements.

Events include:

Press conferences, division-specific outreach, multi-division outreach events, depositions, labor rights caravan, California Workplace Outreach Project (CWOP) Meetings, DIR Town Halls, scripted video recordings, formal/informal rulemaking, public meetings, internal trainings, or workshops, Board or Council Meetings, Advisory Committees, Subcommittee Meetings, and more to be identified as needed by DIR within the scope of the services detailed below.

Anticipated Number of events per year by division:

o 31 events for Office of External Affairs o 18 events for LCO o 30 events for DOSH o 20 events for OSHSB o 34 events for DAS o 15 events for DWC o 22 events for Director’s Office - Legislative Affairs

CONTRACTOR RESPONSIBILITIES

FOR ONLINE MEETINGS:

Provide an online meeting, electronic dashboard that shall be a central repository for the following:

1. Meeting links that hyperlink to current and past meetings on the online video…