IFB_0000038890.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

INVITATION FOR BID

Cheese

EVENT ID 0000038890

08/31/2026

BIDS ARE DUE BY: September 15, 2026, at 2:00 PM PT

RETURN BID TO:

CMU@dgs.ca.gov

(Contract Reference Number 89-07) 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 Cheese to the State of California. The contract resulting from this solicitation will be mandatory for all State of California departments.

The term of any contract resulting from this solicitation will be for two (2) years. The contract will contain two (2) 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.

ANTICIPATED SPEND

The anticipated spend based on projected usage over two years is as follows:

· Processed and Natural Cheese – $3,262,040

· Mozzarella String Cheese – $1,196,899

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. Bidders do not need to bid on all Groups. The Groups are defined as follows:

· Group 1 – Processed and Natural Cheese

· Group 2 – Mozzarella String Cheese

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 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/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:

Jennifer Balluch Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: 279-946-8079 E-mail: jennifer.balluch@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: Click Link Call in: 916-245-8850 Conference ID: 363 156 73#

The Bidders’ Conference will begin at 2:00 PM PT on 09/08/2026. 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 jennifer.balluch@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.

The State may, at its sole option, correct obvious clerical or arithmetic errors. If necessary, the extended price on the pricing worksheet will be recomputed accordingly if obviously misstated. If a unit price is omitted from a line item that must be bid to be considered for an award, it will be interpreted to mean that the item will be provided by the Bidder at no cost.

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 agrees to:

· Comply with the requirements of the solicitation and resulting contract

· Accept the terms and conditions of the Non-IT General Provisions (rev 02/20/2025) without addition or modification.

· 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 – Specifications, entitled State of California Bid Specification Number 8910-TS-0308653.

All items furnished shall be latest pack on date of shipment and shall be first quality when grade is not specified.

PRODUCT LITERATURE AND NUTRITION FACTS

Bidder shall submit product literature that describes each proposed product, including product specifications and/or descriptions for all products offered. This information must clearly show that the proposed products are compliant to Attachment 2- State of California Bid Specification. The product literature shall include the ingredients list for the product(s).

Bidder shall also provide a product nutrition facts label for each product offered. The product code number, if applicable, should be listed on the label. If a product nutrition facts label is not available, then a letter on the manufacturer’s own letterhead must be submitted clearly stating that the nutrition facts label is not required or is voluntary and cite the applicable law/regulations.

If the product nutrition facts label does not state that the products are produced using non-animal rennet, then a letter on the manufacturer’s own letterhead must be submitted clearly stating that the products are produced using non-animal rennet.

If these documents are not submitted with the bid response, Bidder shall provide it within five (5) working days after request from the State. Failure to submit these documents will result in the bid being considered non-responsive.

SAMPLES

The State may require samples, at no cost to the state, of offered products to assist in its determination of award. If required, the Bidder shall submit samples within seven (7) working days after request from the State. Samples shall be identical in all respects to the product specified for delivery. The Bidder will be given one opportunity to submit the samples. Failure to submit requested samples will result in the bid being considered non-responsive.

1. PRICING STRUCTURE

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

The Contract Price for each line item will consist of the Bidder’s proposed price differential plus a base price.

The base prices are the monthly cheese prices quoted in the Friday edition of the USDA Dairy Market News, Block, issued by the U.S. Department of Agriculture, Agricultural Marketing Service in Madison, Wisconsin, or at www.ams.usda.gov. See pricing schedule in Section 21, Base Price Schedule.

If the referenced price is not reported on the date specified in Section 21, Base Price Schedule, the previous week’s report is to be used as the base. If the given item is not listed in the Market News for the two previous weekly issues, the price may be established by mutual agreement between the supplier and the State Contract Administrator.

In the event of any substantial changes in the Market News format during the term of the contract, the State reserves the right to negotiate the source of the base price or to cancel the contract.

Monthly price supplements will be issued by the DGS-PD adjusting the base price.

Alternate Proposed Manufacturers/Brands Due to the nature of items in this solicitation, Bidders may submit multiple manufacturers and/or brands for each item offered. One price shall be offered for all brands on a line item. All brands submitted must meet the specifications and administrative requirements. Brands that do not meet the requirements for the line item shall be rejected. Rejection of one brand does not necessitate rejection of the other brands on a line item, or the bid as a whole. All brands awarded may be delivered to fulfill orders during the contract term.

2. BASE PRICE SCHEDULE

The following schedule shall govern the base prices to be applied during this contract.

COLUMN I: Denotes the latest date on which purchase orders will be accepted by the supplier to obtain the pricing on Column II and for delivery the following month.

COLUMN II: Denotes the week in which the Market News is published and the week in which the Contractor is assumed to purchase the cheese necessary to fulfill the delivery requirements for the following month. The first week of Market News will be updated using the week the contract is awarded.

COLUMN III: Denotes the earliest date on which monthly deliveries are due.

COLUMN 1

Orders must be received by Contractor on or before

COLUMN II

Week of Market News

COLUMN III

Date of Delivery

PRICING WORKBOOK

Attachment 1 – Pricing Workbook contains the price sheet(s) that the Bidders shall use to enter pricing/discounts 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 four (4) decimal places (e.g., $150.0000). Upon award, the Bidder’s proposed products listed on Attachment 1 – Pricing Workbook will be the Contract Line Items (CLINs) under the resultant contract.

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

· Manufacturer (OEM)

· Plant Address

· Plant Number

· Packs per Case (Group 2 only)

· Differential

· List Price/MSRP (if applicable)

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.

For items that are requested to be packaged as individual servings, quantities will be adjusted for number of units per case only. No adjustment will be made based upon the size of the individual package. Individual packages must be within the range specified by the cost sheets and/or specifications.

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 (1) 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 Workbook Key tab for field definitions and additional completion instructions.

QUANTITIES

The quantities shown in Attachment 1 – Pricing Workbook, are representative of the anticipated usage over a two (2)-year period and is 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.

Attachment 5 – Estimated Institution Usage is only an estimate to provide Bidders with potential purchasing patterns and/or deliveries by institutions.

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 Cheese 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 Cheese) to that requested in this IFB

· In total, must be valued at or above $100,000.00. 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.

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.

MANUFACTURER AGREEMENT LETTER

If the Bidder is not the manufacturer of the proposed product, the Bidder must provide a letter on the manufacturer's letterhead, and signed by an authorized representative, confirming that the manufacturer will supply product to the Bidder during the resulting contract.

Alternatively, if the Bidder is purchasing proposed products through a company other than the manufacturer, an agreement is required between the Bidder and the company from which the products are purchased. Upon request by the State, the Bidder may be required to provide additional agreements to establish the responsibility of the Bidder and the reliability of the supply chain.

The Agreement Letters should be submitted with the bid response. If they are not submitted with 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. The State has the option to verify any manufacturer agreement letter.

For the purposes of the administrative and technical requirements of this IFB, the "manufacturer" of a product is the firm that produces it in the final form, including packaging, in which it is delivered to the State. If Company A produces a product and delivers it in bulk form or in large containers to Company B, which repacks it into the packaging required by the State, Company B is the manufacturer. However, simply placing smaller packages into cases or pallets does not count as manufacturing.

PRODUCE DEALER OR PROCESSOR’S LICENCE

Pursuant to California Food and Agricultural Code § 55401-56652, some contract items may require the Bidder to hold a valid Produce Dealer’s License or Produce Processor’s License from the California Department of Food and Agriculture (CDFA) at the time of bid opening. It is the responsibility of the Bidder to determine whether the license is necessary and obtain it prior to submitting a bid. Failure to have the appropriate CDFA license may be deemed a material deviation and cause the bid to be rejected. Should the Bidder be awarded the contract, a valid license must be maintained through the term of the contract. In addition, penalties may be imposed by CDFA.

Information about the Produce Dealers Act and the Processors Law may be found at the following link: CDFA Market Enforcement

WAREHOUSE AND TRANSPORTATION AGREEMENTS

Bidders that will utilize a contract warehouse or third-party transportation company may be required to provide documentation confirming agreements with the warehousing company and/or transportation company. Upon request, Bidder shall submit letters on the warehousing and/or transportation company letterhead confirming their agreement with the Bidder.

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 upon request will result in the bid being considered non-responsive.

FOOD SAFETY CERTIFICATION REQUIREMENTS

Bidder shall provide evidence of compliance to the Food Safety Certification Requirements described in Attachment 4 – Food Special Provisions. Bidders should utilize Attachment 6 – Food Safety Information to provide required information for each facility, and the completed form(s) 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 upon request may result in the bid being considered non-responsive.

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 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 35, 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

If requested by the State, Bidders shall provide a list of all locations where the products are manufactured and/or stored in the chain of distribution. The list must include the address of each facility as well as the function performed at the location (i.e., manufacturing, warehousing, etc.).

The chain of distribution for a given product starts at the manufacturer's plant and ends with the institution to which the product is delivered. It includes all facilities where the product is stored or warehoused on its way to the institution, and all transportation from one point to the next.

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 to executing any State contract or renewal for non-IT goods or services, the contracting department must verify that the Bidder is not on either of the prohibited lists below. If Bidder is on either list, they will be ineligible for contract award.

FTB Top 500 Delinquent Taxpayers

CDTFA Top 500 Sales & Use Tax Delinquencies in California

PRODUCT SUBSTITUTIONS

Bidder’s proposed product must be available for the entire contract term. If, during the contract term, specific contract line items are no longer available, Contractor may propose substitute product that either meets or exceeds the minimum requirements. Product substitution shall be in accordance with the Non-IT General Provisions, (rev 02/20/2025), Section 4.1 entitled “Substitutions”.

PRICE ADJUSTMENTS

All core prices shall be firm fixed for the original contract term; no price adjustments will be allowed.

PRICE DECLINES

The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and ordering agencies shall receive full benefit of such declines.

MINIMUM DELIVERY

The minimum delivery amount shall be 200 pounds. The State will not accept any increases to the minimum delivery by the Contractor. At Contractor’s discretion, orders for less than the minimum delivery may be accepted. Holding orders for full truckloads is not acceptable unless authorized by the ordering agency.

CUSTOMER SERVICE:

The Contractor will have a customer service unit that supports this contract. The customer service unit shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

Contractor shall assign a Contract Manager to act as a contact for all contract-related issues. Contractor Contract Manager information shall be provided prior to award.

CONTRACTOR ORDERING INFORMATION

The Contractor shall accept orders through the following methods:

· Email – An email address to be used by ordering agencies for placing orders is to be in place before the commencement of this contract.

· Facsimile – A facsimile number to be used by ordering agencies for placing orders is to be in place before the commencement of this contract. Facsimile orders must be accepted between the hours of 8:00 AM and 5:00 PM (PT), Monday through Friday.

· Mail – Contractor must have the capability to receive orders by mail in place before the commencement of this contract.

ORDER ACCEPTANCE

The Contractor shall accept orders from any State department.

The Contractor shall not accept purchase documents for this contract that:

· Are incomplete (required information on purchase documents will be provided during contract implementation)

· Contain non-contract items or items outside the scope of the contract

· Contain non-contract terms and conditions

The Contractor must not refuse to accept orders from any State department for any other reason without written authorization from the State Contract Administrator.

PURCHASE EXECUTION

Ordering agencies will submit orders directly to the Contractor via one of the ordering methods in accordance with Section 49, Contractor Ordering Information.

State department orders will be submitted using a Purchasing Authority Purchase Order (Std. 65) or using the Fi$Cal Purchase Order process.

Orders will include a delivery schedule and shall be provided at least 15 days prior to the requested first delivery date on the delivery schedule. If the Contractor is unable to meet the requested delivery schedule, the Contractor will contact the ordering agency to arrange for a mutually acceptable modified delivery schedule. At Contractor’s discretion, orders for shorter delivery times may be accepted at no additional cost to the State.

The Contractor may reject a Purchase Order that is submitted less than 15 days prior to the first requested delivery date. Purchase Order may be re-submitted with an updated delivery schedule.

Purchases orders may be accepted through the last day of the contract term; however, all deliveries shall be completed within 30 calendar days after the contract expires.

ORDER ACKNOWLEDGEMENT

The Contractor must provide the ordering agency with an order receipt acknowledgement, either through email or facsimile, within two (2) working days of receipt. Order Acknowledgement will include:

· Contractor’s Order Number

· Ordering Agency Name

· Agency Order Number (Purchase Order Number)

· Description of Goods

· Total Cost

· Anticipated Delivery Date

· Identification of any Out of Stock/Discontinued Items

DELIVERY LOCATIONS

Deliveries shall be made statewide to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high-rise…