IFB_0000035714.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

INVITATION FOR BID

Herbicides and Insecticides

EVENT ID 0000035714

December 24, 2025

BIDS ARE DUE BY: January 15, 2025, at 2:00 PM PT

RETURN BID TO:

CMU@dgs.ca.gov

(Contract Reference Number 68-13) PD Reference Only Business Unit (BU): 77601

SCOPE

The State of California, Department of General Services, Procurement Division (DGS-PD) is issuing this Invitation for Bid (IFB) to solicit bids from qualified firms to establish a Statewide Contract that provides Herbicides and Insecticides. The contract resulting from this solicitation will be mandatory for all State of California Departments and available for use by participating local agencies.

The term of any contract resulting from this solicitation will be for two (2) years. The contract will contain three (3) extension options for one (1) year or portion thereof. If a mutual agreement for a contract extension cannot be met, the contract will expire at the end of the current contract term.

LOCAL GOVERNMENT PARTICIPATION

Local government agencies are defined as “any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology, or services,” reference Public Contract Code (PCC) Section 10298 (a) (b) and 10299 (b). Local governmental agencies shall have the same rights and privileges as the State under the terms of these contracts.

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

CURRENT CONTRACT

The historical value based on expenditures from the current mandatory statewide contract, number 1-21-68-13, for Herbicides and Insecticides, is $23,955,500.00 over two (2) years.

METHOD OF AWARD

Award will be made by individual Groups. In order to be considered for award, all line items within the Group must be bid. The Groups are defined as follows:

· Group 1 – Northern Region, Brand

· Group 2 – Northern Region, Generic

· Group 3 – Central Region, Brand

· Group 4 – Central Region, Generic

· Group 5 – Southern Region, Brand

· Group 6 – Southern Region, Generic

Each region includes the following counties:

Award will be made to the responsive and responsible Bidder with the lowest cost, including all applicable preference and incentive calculations.

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.

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.

A Notice of Intent to Award for this solicitation will be publicly posted in the Procurement Division website and sent via email to any bidder who submits a written request for notice and provided a valid email address.

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 (email/fax acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 2nd 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/Support Services Unit Department of General Services Procurement Division Statewide Procurement Oversight, Consulting and Support Services Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Fax: 916 / 376-6226 Email: PDProtest@dgs.ca.gov

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 estimated contract value as specified in the solicitation. See California Code of Regulations, Title 1, Section 1418.

RESPONSIVE BID

A bid is considered responsive if it indicates compliance without material deviation from the requirements of the solicitation and the terms and conditions of the proposed contract.

RESPONSIBLE BIDDER

DGS-PD may require Bidders to submit evidence of their qualifications. This includes, but is not limited to, personnel in the numbers and with the skills required, equipment of appropriate type and sufficient quantity, financial resources sufficient to complete performance under the contract, 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).

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 will not in itself cause rejection of the bid.

ADDENDA

In the event that 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 DGS PD-451, Bidder Instructions (rev 11/09/2011) Section 3.b., Solicitation Addendum (Addenda).

PROCUREMENT OFFICIAL

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

Amanda Lewis Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (279) 946-7876 E-mail: Amanda.Lewis@dgs.ca.gov Bid Submittal E-mail: CMU@dgs.ca.gov

The Procurement Official shall be the single point of contact. 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.

Bid submittals shall be sent to the Bid Submittal E-mail address identified above.

BIDDERS’ CONFERENCE

A Bidders’ Conference will be held, during which suppliers will be afforded the opportunity to meet with State personnel and discuss the content of the IFB and the procurement process. Suppliers are encouraged to attend the Bidders’ Conference.

Suppliers are encouraged to submit questions to the Procurement Official prior to the Bidders’ Conference so that the State can address them during the conference. The State may accept oral questions during the conference and will make a reasonable attempt to provide answers prior to the conclusion of the conference. Oral answers will not be binding. Following the conference, the State will publish a Question and Answer set addressing all submitted questions, both written and oral.

Suppliers may attend by using the Microsoft Teams access information below:

Microsoft Teams Meeting Link: Join the meeting Call in: +1 916-245-8850,,36881391# United States, Sacramento Conference ID: 368 813 91#

The Bidders’ Conference will begin at 2:00 PM PT on 01/07/2026. Participants are encouraged to call in on time to be admitted.

BIDDER QUESTIONS

This IFB addresses all requirements that Bidders must meet to be eligible for consideration. Bidders must carefully read the entire IFB, ask 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, 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 four (4) working days prior to bid due date. All questions and/or concerns shall be directed to Amanda.Lewis@dgs.ca.gov. Working days are defined as Monday through Friday, excluding holidays.

CLARIFYING INFORMATION

During the evaluation and selection process the State may ask the Bidder to clarify their submitted response if the bid contains conflicting information regarding a requirement for which compliance cannot be determined. Clarification will not be requested if the Bidder has been deemed non-compliant to other requirements.

Except for clerical errors, the State will not ask clarifying questions for bids where the response to the requirement is non-compliant as this would result in a change to the bid.

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 Non-IT General Provisions (rev 02/20/2025) 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.

SPECIFICATIONS

All products offered must meet or exceed Attachment 2 – Specification 6813-TS-0231001.

All products must comply with the applicable federal, state, and local regulatory requirements, including but not limited to:

· EPA and CDPR labeling standards

· Usage restrictions and safety guidelines

· Container Triple Rinsing and Disposal

· Reporting and recordkeeping obligations

· Transportation and recordkeeping obligations

TECHNICAL LITERATURE

Upon the request of the State, Bidders are required to submit technical literature which should be annotated to specify the applicable page, brand, model, and Contract Line-Item Number (CLIN). Bidder shall provide the technical literature within five (5) working days after request from the State. Failure to submit technical literature upon request may result in the bid being considered non-responsive.

PESTICIDE REGISTRATION

All proposed herbicide and insecticide products shall be registered with the United States Environmental Protection Agency (EPA) in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and must also hold a separate, valid registration with the California Department of Pesticide Regulation (CDPR). Bidder shall provide the EPA and CDPR Number for each proposed product on Attachment 1 – Pricing Workbook.

LEADERSHIP IN ENERGY AND ENVIORNMENTAL DESIGN (LEED) INFORMATION REQUIREMENTS

The State of California participates in the U.S. Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED) green building rating system to achieve sustainable, healthy and environmentally conscious owned and operated properties. Participation requires the evaluation of materials, chemicals and processes and choosing environmentally preferable products. Identifying pesticides in reference to pesticide hazard ratings is a valuable tool in calculating LEED credits.

San Francisco Hazard Tier – Reduced Risk Pesticide List Bidder shall identify each proposed product as Tier I, Tier II, or Tier III, as defined by the San Francisco Hazard Rating system, in Attachment 1 – Pricing Workbook. The San Francisco Hazard Tier is an evaluation system of pesticide products or active ingredients based on the toxicological properties and water pollution potential of the chemical developed by the City of San Francisco. The Reduced Risk Pesticide List (RRPL) can be found at the following link: San Francisco Reduced-Risk Pesticide List 2024 | San Francisco Environment Department (SFE). This information is requested for informational purposes only. Proposed products are not required to be a certain San Francisco Hazard Tier rating.

Organic Materials Review Institute Certified Listed Products Bidder shall also identify whether each proposed product is an Organic Materials Review Institute (OMRI) Certified Listed product, where applicable, in Attachment 1 – Pricing Workbook. The OMRI (http://www.omri.org/) is an international nonprofit organization that determines which input products are allowed for use in organic production and processing. This information is requested for informational purposes only. Proposed products are not required to be OMRI Certified.

ENVIRONMENTALLY PREFERABLE PURCHASING (EPP)

DGS-PD is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by PCC Sections 12400-12404. By signing the Agreement Cover Letter, the Bidder is certifying that the products offered under this solicitation are in compliance with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms, per PCC Section 12404.

PEST CONTROL ADVISOR’S AND ECOWISE CERTIFIED PRACTITIONER SERVICES

PCA services shall be provided to the ordering agency and must include, but are not limited to:

· Instructions on the mixing of components (additives/adjuvants)

· Application techniques

· Recommended application levels

· Training and training materials

· Current and new product updates

· Identification of low toxicity chemical substitutions

· A site visit with the ordering agency staff prior to writing recommendation

· A copy of the CDPR pesticide use report supplied to ordering agency for their records no later than one (1) week after submitting to CDPR.

Bidder shall identify if the PCA service provider is an EcoWise Certified Practitioner, if applicable, on Attachment 3 – Narrative Response. More information on becoming an EcoWise Practitioner can be found at: http://www.ecowisecertified.org/. EcoWise Certification is not required.

Travel will be required throughout the awarded regions when an ordering agency requests onsite training courses. Training courses shall be developed in coordination with the requesting agency and include continuing education units, as approved by the CDPR. Travel, per diem and business expenses shall be included in the hourly rate quoted in Attachment 1 – Pricing Workbook.

Bidders are required to offer these PCA services, however, it will be optional for the ordering agency to purchase on the resultant contract.

CONTAINER MANAGEMENT AND DISPOSAL

Container Take-Back Services Take-Back services for triple-rinsed refillable and reusable high-density polyethylene (HDPE) containers shall be offered to all participating ordering agencies. Recyclers shall maintain operational compliance with ANSI/ASABE S596 standard and FAC §12841.4. Container Take-Back Services must be made available to ordering agencies at the price quoted on Attachment 1 – Pricing Workbook.

The Contractor and ordering agency shall mutually agree on a scheduled pickup for Pesticide containers a minimum of once every three (3) months. Pesticide containers shall be taken to recycling facility within 10 days of scheduled pickup. A signed receipt of recycling or report shall be provided to the ordering agency and must note the number and size of containers removed, the State agency’s address from which it was removed, and the name of the recycling facility accepting the containers. Ordering agencies are to receive the report or recycling receipt within 30 days of request.

Returnable/Refillable Containers Returnable, refillable containers must be made available to ordering agencies for any liquid chemical on the contract, in the container size that is requested, at the price quoted on Attachment 1 – Pricing Workbook. The containers must have a Micro Matic valve and identifying bar code or equivalent.

The returnable, refillable container pricing shall be calculated as follows:

(Price of returnable/refillable container + chemical (CLIN) price) X total number of gallons = final contract price

Please refer to Section 51, Minimum Order, for minimum order details.

Custom Blending Fee for Returnable/Refillable Containers Ordering agencies may order returnable, refillable containers mixed with two (2) or more chemicals. The blending fee will be the same regardless of which chemicals are to be mixed, as quoted on Attachment 1 – Pricing Workbook.

The price for custom blending in returnable/refillable containers shall be calculated as follows:

(Blending fee + price of returnable/refillable container + chemical prices) X total number of gallons = final contract price.

Please refer to Section 51, Minimum Order, for minimum order details.

PRICING STRUCTURE

Contract line items are Herbicides and Insecticides products and services that are commonly purchased by the State. These items will be available for purchase by ordering agencies at a fixed contract price (offered on Attachment 1 – Pricing Workbook). The State reserves the right to eliminate any specific line item from the final award.

PRICING WORKBOOK

Attachment 1 – Pricing Workbook contains the price sheets that the Bidders shall use to enter pricing for the solicitation. In order to be considered for award, all line items in a group in Attachment 1 – Pricing Workbook, must be bid. Bidders do not need to bid on all groups.

All dollar figures must be entered to no more than two (2) decimal places (e.g., $150.00). All percentages entered shall be whole numbers and not contain any numerals after the decimal point (e.g., 49% is acceptable, 49.3% is not). Upon award, the Bidder’s proposed products listed on Attachment 1 – Pricing Workbook will be the Contract Line Item Numbers (CLINs) under the resultant contract.

There are six (6) tabs in the Pricing Workbook:

Group 1 – Northern Region – Brand

· Must bid only specified brands of products

Group 2 – Northern Region – Generic

· May offer generic equivalent products to the referenced specification. Products must conform to State of California Bid Specification Number 6813-TS-0231001

Group 3 – Central Region – Brand

· Must bid only specified brands of products Group 4 – Central Region – Generic

· May offer generic equivalent products to the referenced specification. Products must conform to State of California Bid Specification Number 6813-TS-0231001

Group 5 – Southern Region – Brand

· Must bid only specified brands of products

Group 6 – Southern Region – Generic

· May offer generic equivalent products to the referenced specification. Products must conform to State of California Bid Specification Number 6813-TS-0231001

Generic equivalent products must be a different brand than the brand name products listed in the brand groups. If a Bidder is not able to obtain an equivalent product for any line item, please contact the Procurement Official at least four (4) working days before the bid submittal deadline.

Bidders are required to provide the following proposed product information for each line item on the Pricing Workbook:

· Bidder’s product Stock Keeping Unit Number (SKU#)

· Item Description

· Manufacturer (OEM), Generic Groups only

· Manufacturer Part Number (OEM #)

· Reference Brand or Product Name

· California Department of Pesticides Registration Number

· Environmental Protection Agency (EPA) Registration Number

· San Francisco (SF) Hazard Tier Rating from the Reduced-Risk Pesticide List (RPPL) 2025

· Organic Materials Review Institute (OMRI) Certified Products List

· List Price (MSRP)

· Contract Price (per Unit of Measure)

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

Attachment 1 – Pricing Workbook must be filled out completely for each Group bidder is proposing or the bid may be rejected. Yellow input cells are mandatory and must be completed. Modifying any other cell in any worksheet may disqualify the Bidder.

Bidders shall submit one electronic copy in Microsoft Excel format of the completed Attachment 1 – Pricing Workbook with the emailed bid response.

Failure to submit the Attachment 1 – Pricing Workbook with the bid response shall result in the bid being considered non-responsive. Please refer to the Pricing Workbook Key tab for field definitions and additional completion instructions.

ADDITION OF NEW PRODUCTS/CONTRACT LINE ITEMS AFTER AWARD

New products/contract line items may be added after award in accordance with the following guidelines:

1. New products of the same category that are not already on the contract may be added as Contract Line Items.

2. The addition of new products/contract line items will not be made during the first six (6) months of the contract, or within six (6) months following an approved product/contract line item additions to the contract.

3. A formal written request will be sent to the current Contractor(s) to provide a price quote on the proposed additional product(s).

Contractor shall submit a quote to the State as instructed. Quoted prices are subject to negotiation. If a fair and reasonable price is not agreed upon, the products may not be added to the contract. If necessary, the State may issue a separate solicitation for the product(s). Any added products shall conform to all contract requirements and technical specifications.

QUANTITIES

The quantities shown in Attachment 1 – Pricing Workbook, are representative of the anticipated usage over a 5-year period and are used for evaluation purposes only. Actual purchases may vary. The State will not guarantee that these quantities will be purchased. Consequently, there is no guaranteed dollar value for this contract. The State will not be obligated to purchase Contractor’s excess inventory. The State reserves the right to purchase any quantity of any line item from the resulting contract.

SALES TAX

Sales tax is not to be included in the bid response or on Attachment 1 – Pricing Workbook. If awarded the contract, sales tax should be added at time of invoicing. The sales tax rate applied should be based on the rate of the area where the product is to be delivered.

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. Attachment 3 - Narrative Response shall be included with the bid.

SELLER 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. If not included in the bid response, Bidder shall provide it within five (5) working days after request from the State.

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) working days after request from the State or bid may be deemed non-responsive.

SOS certification must be approved and in “Active” status prior to award of any contract. If a Bidder’s SOS certification is not in “Active” status on the bid submission due date, the Bidder will have five (5) working days after notification from the State to provide an “Active” SOS certification.

CUSTOMER REFERENCES

Prior to award, at the State’s sole discretion, Bidder may be required to submit customer references in order to demonstrate to the State that the Bidder can provide Herbicide and Insecticide products and 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 (i.e., sale and distribution of Herbicides and Insecticides) to that requested in this IFB

· In total, must be valued at or above $300,000.00 for each Group bid. For example, a bidder is proposing product for two (2) groups, the total value of the references must be at or above $600,000.00, a bidder is bidding product for all six (6) groups, total value of the references must be at or above $1,800,000.00, etc. 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.

If requested, the State will provide the Bidder with the Customer Reference Form. Customer references must be provided on this form only. References submitted in any other format will not be considered. Bidder shall submit Customer Reference Forms within 10 working days after notification from the State.

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.

AUTHORIZED RESELLER

If the Bidder is not the Original Equipment Manufacturer (OEM) of the product being proposed, the Bidder must provide, on OEM company letterhead and signed by an authorized OEM representative, documentation identifying the Bidder as an authorized OEM reseller. The Authorized Reseller letter 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 submit required information may result in the bid being considered non-responsive. The State has the option to follow-up and verify any Authorized Reseller letter.

PEST CONTROL DEALER’S LICENSE

Bidder must hold a current California Pest Control Dealer’s License issued by the California Department of Pesticide Regulation (CDPR).

Bidder shall submit a copy of the Bidder’s California Pest Control Dealer’s License issued by CDPR with the bid or within five (5) working days after request from the State. Failure to submit the California Pest Control Dealer’s License shall result in the bid being considered non-responsive. Other licenses are not equivalent or acceptable and do not comply with the requirements of this solicitation.

PEST CONTROL ADVISOR’S LICENSE

Bidder must hold a valid California Pest Control Advisor’s (PCA) License issued by the CDPR, or the Bidder must employ or subcontract with an individual or business that holds a valid PCA License.

The PCA License holder (Bidder or subcontractor) must be registered in each County that requests a recommendation for product use. See Section 23, Pest Control Advisor’s (PCA) and Ecowise Certified Practitioner Services.

Bidder must provide the PCA licensee’s name and license number on Attachment 3 – Narrative Response. A copy of the individual’s or business’ valid PCA License shall be submitted with the bid or within five (5) working days after request from the State. Failure to submit a copy of the PCA License shall result in the bid being considered non-responsive. Other licenses are not equivalent or acceptable and do not comply with the requirements of this solicitation.

DECLARATION FORMS

All Bidders must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid response. When completing the declaration form, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract 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 contract.

If a Bidder proposes the use of a subcontractor for a portion of the contract, 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. If this document is not included in the bid response, Bidder shall provide it within five (5) working days after request from the State.

SOCIOECONOMIC PROGRAMS

This solicitation may include the following 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

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 Contract Administrator by written notification of any proposed changes in the SB and/or DVBE subcontractors made during the term of the contract. Changes cannot be made without State Contract Administrator approval.

If claiming SB and/or DVBE participation, the relevant Bidder and/or subcontractor must be certified by California as a SB and/or DVBE. 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.

1. 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.

This solicitation provides an incentive for DVBE participation. California DVBE Bid Incentive Instructions include information about the DVBE incentive. If applicable, Bidders must claim this incentive on Attachment 3 – Narrative Response

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.

The Small Business regulations concerning the application and calculation of the small 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.).

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.

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.

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. Bidders are encouraged to carefully review the TACPA forms, requirements, and submittal instructions.

Bidders desiring to claim the TACPA preference must complete the TACPA Request Form (Std. 830) and include it with the bid response.

Additionally, the Manufacturer’s Summary Form (DGS PD 525) and Bidder’s Summary Form (DGS PD 526) should be submitted with the bid. If these forms are not included in the bid response, Bidder shall provide it within five (5) working days after request from the State to be considered for a preference. The State may request additional or missing information to determine eligibility.

The State, as part of its evaluation process, reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from Bidders, manufacturers, subcontractors, and any other sources available at the time of bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State’s request may result in the denial of the preferences requested.

Contracts awarded with the applied preference will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce the preference program.

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 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 of 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, in accordance with Section 39, Distribution Plan.

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.

DISTRIBUTION PLAN

Bidder shall describe in detail their Distribution Plan on Attachment 3 – Narrative Response. The Distribution Plan should be the Bidder’s written plan for distribution of the products. The plan must clearly show distribution from the manufacturer to the end user, including all points in between specific to the resulting contract only, and the role that the Bidder, as the Contractor of record, will play in the distribution.

This plan should clearly identify all parties, including any subcontractor, DVBE and/or small business participants involved in the execution of this contract and their responsibilities. Work performed by a Bidder or a subcontractor who is a California certified Small Business and/or DVBE must perform a CUF.

If the Distribution Plan is not included in the bid response, Bidder shall provide it within five (5) working days after request from the State. Failure to submit required information will result in the bid being considered non-responsive.

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 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. 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 submit required information will 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 a contract over $100,000 on or after January 1, 2017, shall certify all of the following:

A. That they are in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code).

B. That they are in compliance 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 will result in the bid being considered non-responsive.

IRAN CONTRACTING ACT

Bidder must either a) certify it is not on the current list of persons engaged in investment activities in Iran created by DGS pursuant to PCC Section 2203(b) and is not a financial institution extending $20 million or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of person engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement pursuant to PCC Section 2203(c) or (d).

The DGS list of entities prohibited from contracting with public entities in California in accordance with the Iranian Contracting Act, 2010, can be found at DGS Iran Contracting Act Ineligibility List.

Bidder shall submit their response on Attachment 3 – Narrative Response. Failure to submit a response with the bid will result in the bid being considered non-responsive.

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 will result in the bid being considered non-responsive.

EXECUTIVE ORDER N-6-22 – RUSSIAN 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 contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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, while balancing the risks of these technologies.

Bidder/Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) 4986.2.

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

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

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

Bidder shall indicate on Attachment 3 – Narrative Response if the Bidder intends to provide GenAI as a deliverable to the State or intends to complete all or a portion of any deliverable that has material impacts as specified above. If a response is not included in the bid response, Bidder shall provide it within five (5) working days after request from the State. Failure to submit required information will result in the bid being considered non-responsive.

PAYEE DATA RECORD

The Bidder to be awarded this contract will be required to complete and sign a Payee Data Record (STD 204) prior to contract award.

TAX DELINQUENCY

Pursuant to the Public Contract Code Section 10295.4, prior…