IFB_10201741.pdf

STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES

715 P STREET, 7th FLOOR P.O. BOX 942836

SACRAMENTO, CA 94236-0001

Rev. 7-2-2024

INVITATION FOR BID

Notice to Prospective Bidders

August 22, 2024

You are invited to review and respond to this Invitation for Bid (IFB) number 10201741 for hydrogeological exploration and well drilling. The anticipated term of this agreement is one (1) year, with four (4) one-year options to renew, for a potential total of up to five (5) years. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, incorporates, by reference, the State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services (DGS) website:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language

If you do not have Internet access, a hard copy can be provided by contacting the person listed below. The CCC package contains clauses and conditions that may apply to your Agreement and to anyone doing business with the State. The Certification will be kept on file in a central location.

Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

Inquiries regarding the processing of this bid should be referred to Beth Medeiros at (916) 902- 6989. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Debbie Spangler, PG, CEG Engineering Geologist Data Collection and Management Section Northern Region Office Department of Water Resources

Attachment(s) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

IFB # 10201741

TABLE OF CONTENTS

Page Notice of State Program Participation Requirements 4 Bidder Minimum Qualifications 5 Bid Requirements and Information 5 Bid Key Action Dates 5 Questions and Answers 6 Submission of Bid 6 Evaluation and Selection Process 8 Tax Delinquent Status Verification 9 Generative Artificial Intelligence (GenAI) Disclosure 9 Department of Industrial Relations Registration of Contractors and Prevailing Wage Monitoring and Enforcement 9

Award and Protest 10 Disposition of Bids 11 Standard Conditions of Service 11 Payee Data Record (Std. 204) 11 Key Employee Policies and Guidelines Notice Acknowledgment (DWR 9524a) 11 Small Business Preference Program 12 Non-Small Business (NSB) Preference Application 16 Bid Checklist 18 Attachment I – Bid Sheet 20 Attachment II – Bid/Bidder Certification Sheet 31 Completion Instructions for Bid/Bidder Certification Sheet 32 Attachment III – Bidder References 33 Attachment IV – Darfur Contracting Act Certification 34 Attachment V – Generative Artificial Intelligence (GenAI) Reporting and Factsheet 35 Attachment VI – California DVBE Program Requirements (DWR 9526) 38 Attachment VII – DVBE Declarations (Std. 843) 40 Attachment VIII – Bidder Declaration (GSPD-05-105) 41 Attachment IX – California Civil Rights Laws Attachment 43 Attachment X – Iran Contracting Act 44 Sample Contract – Standard Agreement (Std. 213) 45 Exhibit A – Scope of Work 46

Attachment 1 – Army Corps of Engineers (ACOE) Regulation No. ER 1110-1-1807 66

Exhibit B – Budget Detail and Payment Provisions - Private Entities 82 Attachment 1 – Bid Sheet Placeholder 83 Attachment 2 – Department of Industrial Relations (DIR) Registration Certification 84

Exhibit C – General Terms and Conditions 85 Exhibit D – Special Terms and Conditions for Department of Water Resources (DWR 9544) 86

Attachment 1 – Recycled Content Certification Form (DWR 9557) 89 Exhibit E – Additional Provisions 91

Attachment 1 – Travel and Per Diem Expenses (DWR 9580) 100 Attachment 2 – Standard Clauses – General Conditions for Public Works and/or Drilling Contracts (DWR 4197) 103 Attachment 3 – Standard California Nondiscrimination Construction Contract Specifications (Std. 18) 105

Attachment 4 – DVBE Activity Report Form (DWR 9553) 107 Attachment 5 – Small Business/DVBE Subcontractor Payment Certification (DWR 9683) 109

Exhibit F – Bidder’s Bond (DWR 4021) 110 Exhibit G – Non-collusion Declaration (DWR 4206) 111 Exhibit H – Payment Bond (DWR 3373) 112 Exhibit I – Performance Bond (DWR 156) 113

NOTICE OF STATE MANDATED SB/DVBE PROGRAM

PARTICIPATION REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

The Department has determined that Bidders responding to this solicitation must comply with DVBE Program requirements. Instructions for completing DVBE program requirements are found in Attachment V, DVBE Program Requirements (DWR Form 9526). Please review these instructions carefully. Failure to fulfill the DVBE requirement will render your bid non-responsive and shall be cause for bid rejection.

This solicitation also contains DVBE Incentive language within Attachment V. The DVBE Incentive offers bidders an incentive calculation when they include DVBE subcontractors in their bid efforts. Application of the Incentive may place the bidder in line for bid award. Minimum incentive applied will be three (3) percent, not to exceed five (5) percent.

Please review DVBE Incentive Language and form contained within this solicitation for additional information.

Small Business Program Information

If a bidding firm is not a California Certified Small Business and wishes to be considered for the small business calculation preference for this solicitation, bidder application for small business must be received by the Department of General Services, Office of Small and DVBE Business Services (OSDS) by the bid due date by close of business. Bidders seeking small business certification status must also notify the State in writing at the time of bid submission that they have an application for Small Business certification for review and approval at the DGS-OSDS.

Contact the DGS Office of Small Business and DVBE Services (OSDS) at internet website https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS or call (916) 375-4940 for certification assistance.

For additional assistance meeting DVBE program requirements or inquiries about Small Business certification, please contact the Department of Water Resources SB/DVBE Program Manager via email SB.DVBE@water.ca.gov.

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS mailto:SB.DVBE@water.ca.gov

A. PURPOSE AND DESCRIPTION OF SERVICES

The Contractor will be responsible for providing hydrogeological exploration and well drilling services to the Department of Water Resources (DWR) at various locations throughout Northern California on an as-needed basis.

B. BIDDER MINIMUM QUALIFICATIONS

1. The Contractor is required to possess a valid C-57 (Water Well Drilling) license with the

California Contractor's State License Board. The license must be maintained throughout the contract period.

2. The Driller used by the Contractor in the performance of regular drilling in this contract will be a person who is thoroughly experienced with at least three (3) years in drilling and sampling with the type of drill rig and equipment being used.

3. The Driller's Helper(s) must have at least six months of drilling-related experience.

4. For levee-related drilling,·the Driller must have at least five (5) years of documented drilling experience on their resume in levee investigations.

5. Prior to awarding this contract, the Contractor must provide to DWR at least one (1) resume of the Drillers who will be performing the drilling. Failure to provide at least one (1) resume with drilling experience acceptable to DWR prior to awarding the contract will result in non-awarding of the contract.

C. BID REQUIREMENTS AND INFORMATION

1. BID KEY ACTION DATES

All bidders must adhere to the following time schedule.

IFB available to prospective bidders on Thursday, August 29, 2024 Technical questions must be submitted by Friday, September 13 at 3:00 pm Answers to technical questions will be disseminated by Friday, September 20 at 3:00 pm Bids must be received by Monday, September 30 at 3:00 pm Bid opening to be held on Wednesday, October 2 at 10:00am Anticipated start date of agreement is November 2024

Bid Openings: Sealed bids will be publicly opened and read via a TEAMS link. You may participate using the link provided below.

Topic: Bid Opening - Drilling Solicitation 10201741 Time: Wednesday, October 2, 2024 at 10:00am pst

Join TEAMS Meeting:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTZlZTg0MzctMTkxMS00YzI4LTlhMmQtNTVlZjQxNGRiYjU0%40threa d.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd- 7fd177884564%22%2c%22Oid%22%3a%22ef8e061f-0f58-4841-9595- 3c1c4f4ae610%22%7d

Meeting ID: 290 041 147 931 Passcode: 9w2E3b

Or by Telephone (audio only):

+1 916-573-2034,,872159438# United States, Sacramento Phone conference ID: 872 159 438#

*Please note that the bid opening via TEAMS will be visual only with no opportunity for questions and answers.

2. LOCATION WHERE WORK WILL BE PERFORMED:

Various locations throughout Northern California

3. QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to Elizabeth.medeiros@water.ca.gov and received by the State on or before Friday, September 13 at 3:00 pm. The State’s representatives will provide answers in writing to all potential bidders by Friday, September 20 at 3:00 pm.

4. SUBMISSION OF BID

a. Bids must be submitted by mail, hand delivery, UPS, express mail, or Federal Express.

i. Bids by USPS must be submitted to:

Department of Water Resources

Contract Services Attn: Beth Medeiros

P.O. Box 942836 715 P Street

Sacramento, CA 94236-0001

Bids by hand delivery, must be submitted to Contract Specialist Beth Medeiros on or before the bid due date and time. Please coordinate a day and time via phone (916) 902-6989 or e-mail Elizabeth.medeiros@water.ca.gov.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTZlZTg0MzctMTkxMS00YzI4LTlhMmQtNTVlZjQxNGRiYjU0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22ef8e061f-0f58-4841-9595-3c1c4f4ae610%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTZlZTg0MzctMTkxMS00YzI4LTlhMmQtNTVlZjQxNGRiYjU0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22ef8e061f-0f58-4841-9595-3c1c4f4ae610%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTZlZTg0MzctMTkxMS00YzI4LTlhMmQtNTVlZjQxNGRiYjU0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22ef8e061f-0f58-4841-9595-3c1c4f4ae610%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTZlZTg0MzctMTkxMS00YzI4LTlhMmQtNTVlZjQxNGRiYjU0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22ef8e061f-0f58-4841-9595-3c1c4f4ae610%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTZlZTg0MzctMTkxMS00YzI4LTlhMmQtNTVlZjQxNGRiYjU0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22ef8e061f-0f58-4841-9595-3c1c4f4ae610%22%7d tel:+19165732034,,872159438

ii. Bids by UPS, express mail, or Federal Express must be submitted to:

Contract Services

Attn: Beth Medeiros 715 P Street

Sacramento, CA 95814

b. All bids must include original signatures on the following documents: Bid/Bidder Certification Sheet and any other documents specified in the Bid Checklist.

c. Bids not including the documents identified in the Bid Checklist shall be deemed non-responsive and will be rejected.

d. All bids are to be sent to DWR within the time frame indicated in the Time Schedule.

Bids received after the due date and time will be returned unopened to the prospective bidder.

e. All bids must be submitted under sealed cover. The sealed cover must be plainly marked with the IFB title and number, must show your firm’s name and address, and must be marked with “DO NOT OPEN.”

f. Bids not submitted under sealed cover will be rejected. A minimum of two signed bids must be submitted. One bid must be submitted in hardcopy. One bid must be submitted in an electronic format (Word and/or PDF File) on a USB Drive. Both bids must be signed and submitted in the same envelope. USB Drives can be returned at the request of the bidder once the solicitation is concluded.

g. Bids must be submitted for the entire service described within the Scope of Work.

Deviations from the specifications will not be considered and will be cause for rejection of the bid.

h. The State does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

i. A bid may be rejected if conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a bid.

The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with the objectives if awarded the Agreement.

The State may reject all bids if deemed necessary.

j. Costs for developing bids and preparation of award of the Agreement are entirely the responsibility of the bidder and shall not be chargeable to the State.

k. This IFB must be signed by an individual who is authorized to bind the bidding firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid will be rejected.

l. A bidder may modify a bid after its submission by withdrawal and resubmission before the bid due date. Modification of a bid offered in any other manner, oral or written, will not be considered.

m. A bidder may withdraw their bid by submitting a written request to the State for its withdrawal, signed by the bidder or an agent authorized in accordance with Paragraph l above. A bidder may thereafter submit a new bid before the bid submission deadline.

Bids may not be withdrawn after the bid due date. Bids received after the due date and time will be returned unopened to the prospective bidder.

n. DWR may modify the IFB prior to the date fixed for submission of bids by the issuance of an Addendum to all parties who received a bid package.

o. If all bids are too high, DWR is not required to award an Agreement.

p. Bids are public upon bid opening.

q. Bidders are cautioned not to rely on the State during the evaluation to discover and report all defects and errors in the bid documents. Bidders should carefully proof read documents for errors and adherence to the IFB requirements prior to bid submittal.

r. Where applicable, the bidder should carefully examine the worksite and specifications.

Bidder shall investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made because of failure to thoroughly examine the worksite and specifications.

s. Public Bid Openings may be conducted in person or online. Bid openings conducted online will be done virtually using TEAMS. You may participate using the link provided in the solicitation under Section C Paragraph 1 above.

5. EVALUATION AND SELECTION PROCESS

a. The State will put each bid through a process of evaluation to determine the responsiveness of bidders to the State's needs. The final selection will be made on the basis of the lowest responsible bid meeting the specifications.

b. Bids containing false or misleading statements or providing references that do not support an attribute or condition claimed by the bidder may be rejected. If, in the opinion of the State, information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

c. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

d. Bids submitted that include option years will be evaluated based on the total bid amount for all years provided for the overall bid ranking. However, the total bid amount, for determining the contract amount will not include the option years.

e. The contract will be awarded to the lowest responsible bidder after consideration of any applicable preferences. If there are tied bids, representatives of the State will draw straws to pick the winning bidder. The drawing will be witnessed and documented by two or more State employees.

6. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012 Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the web sites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

7. GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) DISCLOSURE

a. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

b. Bidder / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors.

c. The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor .

d. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

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

f. Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD

1000), 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.

8. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION OF CONTRACTORS AND

PREVAILING WAGE MONITORING AND ENFORCEMENT

a. In addition to complying with other applicable laws, effective for all bids on public works received on or after March 1, 2015, each bidder submitting a bid for such contract work must be a Department of Industrial Relations Registered Contractor pursuant to Labor Code § 1725.5 (“DIR Registered Contractor”). A Bidder who is not a DIR Registered Contractor when submitting a bid for the contract work is deemed “not qualified.”

Pursuant to Labor Code § 1725.5, all subcontractors identified in a Bidder’s http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10295.4.&lawCode=PCC https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2Ffmc%2Fpdf%2Fstd1000.pdf&data=05%7C02%7CMark.DeCell%40water.ca.gov%7Cf8a446d395ee4c1eced908dc9a01cffd%7Cb71d56524b834257afcd7fd177884564%7C0%7C0%7C638554579826833618%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=YxcgYBWgEmi7Nvwp3vYPl%2BakRQzXlS9j0mimpOYL9yQ%3D&reserved=0

Subcontractor’ List shall also be DIR Registered Contractors.

b. Effective for contracts for public works awarded on or after April 1, 2015, all awarded Prime Contractors, and all subcontractors of any tier, at all times during the performance of the work, shall be DIR Registered Contractors. Also, all such contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (of the Division of Labor Standards Enforcement). The contracts are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

c. Effective January 1, 2016, all public works projects whether new or ongoing are subject to the requirement to furnish electronic certified payroll records directly to the Labor Commissioner.

d. All contractors who are awarded a contract shall also post any required notice adopted by DIR regarding prevailing wage monitoring and enforcement program.

9. AWARD AND PROTEST

A bidder may protest the award of a contract on the grounds that it (the bidder) is the lowest responsible bidder meeting the specifications and should therefore be awarded the contract.

A protestant must be able to prove that the awarding agency has committed a material error in the conduct of the bid award process.

Public inspection of all bids will be allowed after the bid opening.

Protests must be received in a timely manner pursuant to Public Contract Code Section 10345, as applicable. In order to be considered timely, a protest must be filed with the State Agency conducting the solicitation and DGS before the contract award is made.

Please note that if the award will be made to other than the low bidder, any protests must be filed within five business days of notice to the low bidder that the contract was awarded to another bidder. If a written request was submitted by a bidder to the State agency requesting that a notice of intent to award be posted, the protest must be filed during the five business days the notice is posted.

Within five business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

Both the original protest and/or the detailed statement of protest, if any, must include the IFB number, the name of the State Agency conducting the solicitation, State agency contact person, and protestant’s fax number, if any.

The protest documents may be sent by regular mail, email, courier, or personal delivery to:

Department of General Services Office of Legal Services

Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605 Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

AND

Contract Specialist Email Address: Elizabeth.medeiros@water.ca.gov

Upon receipt of the protest, DGS shall send the protestant an acknowledgement letter and thereafter communicate with the parties regarding further disposition of the protest.

10. DISPOSITION OF BIDS

Upon bid opening, all documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 7920 et seq.) and are subject to review by the public. Bids may be returned at the request and expense of the bidder.

D. STANDARD CONDITIONS OF SERVICE

1. Service(s) shall not commence until the Agreement is fully executed and all approvals have been obtained.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement unless this Agreement is amended to extend the term.

3. No oral understanding or agreement shall be binding on either party.

E. PAYEE DATA RECORD

1. The Contractor awarded this Agreement must have completed and submitted form STD 204, Payee Data Record, to determine if the Contractor is subject to a seven percent State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

2. No payment shall be made unless the Payee Data Record form has been completed and returned to the State.

F. KEY EMPLOYEE POLICIES AND GUIDELINES NOTICE ACKNOWLEDGEMENT

(CONSULTANTS AND CONTRACTORS)

1. The selected contractor awarded this Agreement must complete and submit the form DWR

9524a, Key Employee Policies and Guidelines Notice Acknowledgment. These policies and guidelines communicate expectations for contractors. Every contractor or subcontractors employee is expected to read and understand the material contained within. Primary mailto:OLSProtests@dgs.ca.gov contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. SMALL BUSINESS PREFERENCE PROGRAM

1. The Small Business Procurement and Contract Act (Gov. Code Section 14835 et. seq.)

requires that a fair share of the State’s purchases and contracts for goods, information technology services and construction be placed with a certified Small Business (SB) or Micro-Business (MB). The Act mandates that state agencies:

a. Establish participation goals,

b. Provide a 5% small business calculation preference, and

c. Provide the opportunity for bidders to receive a 5% non-small business calculation preference when achieving 25% small business participation through subcontracted efforts.

2. SMALL BUSINESS PREFERENCE

The Small Business preference offers certified SB’s and MB’s a calculation preference in the amount of five percent (5%) of the lowest responsible bid submitted by a bidder who is not a certified small business. The SB preference is used as a calculation for determining the lowest bidder and does not affect the actual price bid.

The State will grant SB’s a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business (NSB) has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

a. Includes in its bid a notification to the awarding department that it is a small business or that it has submitted to DGS Office of Small Business & Disabled Veteran Business Enterprise Services (OSDS) a complete application no later than 5:00 p.m.

on the bid due date, and is subsequently certified by DGS as a small business; and

b. Submits a timely, responsive bid; and

c. Has been determined to be a responsible bidder.

Bidders having pending Small Business or DVBE Certification applications under review by DGS, concurrent with the bid time frame should contact DGS/OSDS to request an expedite review/approval of their application in order to be considered for the SB preference during the evaluation of this bid.

Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process.

Bidders must notify the State in writing at the time of bid submission that they have an application for Small Business or DVBE certification under review at the DGS Office of Small and Disabled Veteran Business Certification, and that they wish to be considered for the Small Business Preference Calculation.

3. NON-SMALL BUSINESS PREFERENCE

Non-small business bidders will be granted a five percent (5%) non-small business preference on a bid evaluation when a responsible non-small business has agreed to subcontract at least 25 percent of their bid price with a California certified Small Business and if the non-small business bidder’s bid is not the low price bid, or when a proposal has been not been ranked as the highest scored bid pursuant to the evaluation of the solicitation. Responding bidders must:

a. Include in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more California certified small business(s),

b. Submit a timely bid as specified in the bid document,

c. Be determined to be a responsive, responsible bidder and

d. Identify the California certified small business(s) it commits to subcontract with. The bidder shall list certified Small Business subcontractors and include their name, address, phone number, a description of the work to be performed, and the percentage (as specified in the solicitation) per subcontractor.

4. CALCULATING NON-SMALL BUSINESS PREFERENCE

The non-small business (NSB) calculation preference five percent (5%) is used for bid evaluation purposes only. Awards made as a result of the NSB preferences shall be awarded at the bidder’s original bid price. The preference shall be computed as follows:

Bidder A, (Low Bid), non-small business: $125,000 Bidder B, non-small business (subcontracting 25% to a certified small business)

$131,000

Calculation Preference: $125,000 x .05 = $6,250

Bidder B $131,000 Subtract calculated preference - $6,250

Adjusted Bid for Bidder B $124,750

Award is made to Bidder B as the low bidder at the bid price of $131,000.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the bid of a small business and the bid of a disabled veteran enterprise that is also a small business, the award shall go to the disabled veteran that is also a small business.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the small business or non-small business subcontractor preferences awarded on a single bid exceed $50,000, and in no event shall the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. The five percent (5%) calculation preference is used for computation purposes only and does not alter or affect the actual bid price or the amount of the executed contract. When a certified small business is the lowest responsive, responsible bidder, then there is no need to compute the small business preference as the small business is the low bidder.

7. COMMERCIALLY USEFUL FUNCTION (Government Code 14837)

A certified small business, micro-business contractor, subcontractor or supplier, must meet commercially useful function requirements under Government Code section 14837(d) (4).

Selected firms must perform a “commercially useful function” relevant to this contract.

The term “small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements in accordance with Government Code Section 14837 (d) (4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. A person or an entity is deemed to perform a “commercially useful function” if that person or entity does all of the following:

1. Is responsible for the execution of a distinct element of the work of the contract.

2. Carries out contractual obligations by actually performing, managing, or supervising the work involved.

3. Performs work that is normal for its business services and functions.

4. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

5. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, and, if applicable, making payment

6. Its role is not an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

8. BIDDER CUF REQUIREMENTS

The Department will determine, to the best of its ability, that your firm meets the criteria above for commercially useful function (CUF). In responding to this solicitation, you are confirming that, under Government Code 14837 (d) (4) above, your business provides goods and/or services meet the definition of “commercially useful function”. All bidders are required to provide CUF documentation using the attached State’s Bidder Declaration Form GSPD-05-105, Attachment VII, included in the solicitation document. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Any bidder awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless the State agrees to a substitution.

9. PENDING SMALL BUSINESS CERTIFICATION

If your firm is currently seeking small business certification for small business preference related to this solicitation, you must have: 1) notified DGS/OSDS that you are responding to a solicitation and are seeking an Expedite Review of your small business certification application in relation to the solicitation, 2) provided DGS/OSDS with the bid Key Action Dates page from the bid itself and 3) must have submitted a complete application with all required forms and documentation to DGS/OSDS for review and approval by close of business of the Bid Submittal due date.

Notify the State representatives if, at the time of bid submission, your firm has a pending small business application with the DGS/OSDS. State representatives will verify your certification is pending or has been approved.

H. DISABLED VETERAN BUSINESS ENTERPRISE PROGRAM

This solicitation includes DVBE program requirements. Please refer to DWR Form 9526, Attachment V for instructions about program documentation and compliance.

DWR PROGRAM MANAGER PRE-REVIEW OF DVBE DOCUMENTATION

The Department’s DVBE Program Manager offers a pre-review of a bidder’s DVBE documentation prior to proposal submission. Since non-compliance with the DVBE program is immediate cause for rejection, the State strongly recommends firms interested in bidding take advantage of this opportunity to ensure they are fully compliant with DVBE Program requirements.

Upon satisfactory review of the firm’s DVBE documentation, the DWR Program Manager issues a Notification of Compliance. To request a pre-review of your DVBE documentation, please submit the documentation to the attention of:

SB/DVBE Program Manager

Email: SB.DVBE@water.ca.gov

DVBE INCENTIVE PROGRAM

Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides responsive and responsible bidders the opportunity to receive additional incentive calculations.

The incentive is applied at the time of solicitation evaluation when a proposing firm identifies and commits to using a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract. Application of the DVBE Incentive may place the bidder in line for contract award.

The following are key elements of the DVBE Incentive Program:

a. The DVBE Incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation.

b. DVBE Incentive participation is at the discretion of the bidder and is optional when overall DVBE program requirements are exempt by the State for that solicitation.

c. When requesting the Incentive application, a bidder must complete and return the DVBE Incentive Application Request included within this solicitation with their proposal at time of submission.

d. Services or commodities provided by the DVBE firm MUST meet the definition of CUF as defined under Military and Veterans Code 999 (B) (i) (ii) and under California Code of Regulations 1896.71 (l). A DVBE firm determined as not meeting CUF regulations will render the responding firm ineligible for the DVBE Incentive application.

ORDER OF EVALUATION

For purposes of evaluation, first Small Business preference will be applied, followed by the DVBE Incentive calculation.

mailto:SB.DVBE@water.ca.gov

BID CHECKLIST

Please review the following checklist for a list of documents that must be returned with your bid package. Please read the State of California’s General Terms and Conditions (GTC) before signing and submitting your bid package. The State does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The GTC’s are not negotiable. Unless otherwise noted, failure to include the required documents will be cause for bid rejection.

DOCUMENTS REQUIRED WITH SUBMISSION OF BID

Attachment I – Bid Sheet (must be signed and include all pages)

Attachment II – Bid/Bidder Certification Sheet

Attachment III – Bidder References

Attachment IV – Darfur Contracting Act Certification

Attachment V – GenAI Reporting and Factsheet

Attachment IX – California Civil Rights Laws Attachment

Attachment X – Iran Contracting Act Bidder’s Bond (DWR 4021)

– Bidder’s Bond must be equal to 10% of the bid amount; and

– Surety must be registered with the CA Department of Insurance

Copy of Contractor’s License C-57 Water Well Drilling At least one (1) resume of the drillers who will be performing the drilling, as described in the Bidder Minimum Qualifications Current valid copy of the DIR Registration Non-Collusion Declaration (DWR 4206)

DVBE PARTICIPATION PROGRAM

If you are a prime firm, DVBE-certified, you must complete and return: DGS OSDS DVBE certification, Std. 843, the DVBE Declaration; the GSPD-05-105 Bidder Declaration.

Attachment VI, Bidder Certification of DVBE Participation (DWR 9526)

CA-certified DVBE Primes – attach certification from DGS/OSDS

Attachment VII, DVBE Declaration (Std. 843)

Attachment VIII Bidder Declaration (GSPD-05-105)

DVBE subcontractor(s) – attach certification from DGS/OSDS DVBE Program Manager’s Notification of Compliance (if obtained in advance from the DVBE Manager)

Evidence that the Driller has the minimum-required 3 to 5 years of drilling experience as described in the Bidder Minimum Qualifications

SMALL BUSINESS PROGRAM

Small Business Certification from Office of Small Business and DVBE Services(OSDS) when prime firm is SB or MB certified

Non-Small Business Calculation Preference Request Form (required when prime is requesting Non-Small Business preference consideration)

Current Small Business Certification for proposed SB subcontractor (must accompany a bidder’s Non-Small Business Preference request)

DOCUMENTS REQUIRED UPON CONTRACTOR SELECTION / BID AWARD

These documents are not required at the time of bid submittal; however these documents will be required of the awarded firm upon contractor selection/bid award

Contractor Certification Clauses (CCC) (CCC must be signed once a contractor has been selected)

Payee Data Record (Std. 204)

Payment Bond (DWR 3373)

- Payment Bond must be equal to 100% of the contract amount; and

- Surety must be registered with the CA Department of Insurance

Performance Bond (DWR 156)

- Performance Bond must be equal to 100% of the contract amount; and

- Surety must be registered with the CA Department of Insurance

Certificate(s) of Insurance

Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and

Contractors) (DWR 9524a)

ATTACHMENT 1

BID SHEET

The items and quantities indicated below will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency.

However, the actual costs quoted below by the bidder shall be binding for the term of the Agreement.

The bidder hereby agrees to provide all labor, materials, licenses, permits, and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, Exhibit A. The rates listed on this Bid Sheet shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.

The bidder is required to bid each item. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid. A zero-dollar ($0.00) amount listed for any and all items will be interpreted and understood by the State to mean that the bidder indicating a zero-dollar amount shall perform any such services, up to and including the quantity indicated, at no cost to the state.

Note: There are five bid sheets, one for each potential year. Every bid sheet must be signed in order for the bid to be accepted.

BID SHEETS BEGIN ON THE FOLLOWING PAGE.

BID SHEET – YEAR 1

Bid Item Units

Item with Unit Price in Words (E.G. Two Hundred for 200)

According to Exhibit A, Item 6, Measurement and Payment

Unit Price in Numbers Extended Totals

1 847 hours

Direct mud-rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour per hour

2 148 hours

Direct mud-rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

3 212

Reverse rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour

4 36

Reverse rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

5 756

Hollow-stem auger drilling, well construction, and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate dollars per hour

6 189

Hollow-stem auger drilling, well construction, and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

7 737,000 dollars

Borehole Geophysical logging services as described in Exhibit A, Items 4, 5, and 6, at Contractor's cost plus percent

Markup (shall not exceed 10%)

8 492,000

Well construction materials as described in Exhibit A, Items 4, 5, and 6, at Contractors cost plus percent

Markup (shall not exceed 10%)

9 737,000 Dollars

Special equipment and materials as described in Exhibit A, Items 4, 5, and 6, at Contractors cost plus percent

Markup (shall not exceed 10%)

Bid Item Units

Item with Unit Price in Words (E.G. Two Hundred for 200) According to Exhibit A, Item 6, Measurement and Payment

Unit Price in Numbers Extended Totals

10 756 hours

Well development services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour per hour

11 126

Well development services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour per hour

YEAR 1 GRAND TOTAL

NO GUARANTEE OF WORK UNDER THIS CONTRACT.

In the event of computational error, unit prices will prevail over extended totals. The State will check bid calculations and recalculate bid totals.

I certify under penalty of perjury under the laws of the State of California, the foregoing is true and correct.

The Contractor’s signature, in ink, affixed hereon and dated will constitute a certification under the penalty of perjury under the laws of the State of California that the Contractor’s license number and expiration date are true and correct.

Company Name

Contractor’s License Number Contractor’s License Expiration Date

Printed Name and Title of Bidder

Signature of Bidder Date

BID SHEET – OPTIONAL YEAR 2

Item with Unit Price in Words (E.G. Two Hundred for 200)

According to Exhibit A, Item 6, Measurement and Payment

Unit Price in Numbers Extended Totals

1 847 hours

Direct mud-rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour

Direct mud-rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

Reverse rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour

Reverse rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

Hollow-stem auger drilling, well construction, and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate dollars per hour

Hollow-stem auger drilling, well construction, and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

Borehole Geophysical logging services as described in Exhibit A, Items 4, 5, and 6, at Contractor's cost plus percent

Markup (shall not

Well construction materials as described in Exhibit A, Items 4, 5, and 6, at Contractors cost plus percent

Markup (shall not exceed 10%)

Special equipment and materials as described in Exhibit A, Items 4, 5, and 6, at Contractors cost plus percent

Markup (shall not exceed 10%)

Bid Item Units

Item with Unit Price in Words (E.G. Two Hundred for 200) According to Exhibit A, Item 6, Measurement and Payment

Unit Price in Numbers Extended Totals

10 756 hours

Well development services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour per hour

Well development services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour per hour

YEAR 2 GRAND TOTAL

check bid calculations and recalculate bid totals.

The Contractor’s signature, in ink, affixed hereon and dated will constitute a certification under the

BID SHEET – OPTIONAL YEAR 3

Item with Unit Price in Words (E.G. Two Hundred for 200)

According to Exhibit A, Item 6, Measurement and Payment

Unit Price in Numbers Extended Totals

1 847 hours

Direct mud-rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour

Direct mud-rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

Reverse rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour

Reverse rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

Hollow-stem auger drilling, well construction, and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate dollars per hour

Hollow-stem auger drilling, well construction, and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

Borehole Geophysical logging services as described in Exhibit A, Items 4, 5, and 6, at Contractor's cost plus percent

Markup (shall not

Well construction materials as described in Exhibit A, Items 4, 5, and 6, at Contractors cost plus percent

Markup (shall not exceed 10%)

Special equipment and materials as described in Exhibit A, Items 4, 5, and 6, at Contractors cost plus percent

Markup (shall not exceed 10%)

Bid Item Units

Item with Unit Price in Words (E.G. Two Hundred for 200) According to Exhibit A, Item 6, Measurement and Payment

Unit Price in Numbers Extended Totals

10 756 hours

Well development services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour per hour

Well development services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour per hour

YEAR 3 GRAND TOTAL

check bid calculations and recalculate bid totals.

The Contractor’s signature, in ink, affixed hereon and dated will constitute a certification under the

BID SHEET – OPTIONAL YEAR 4

Item with Unit Price in Words (E.G. Two Hundred for 200)

According to Exhibit A, Item 6, Measurement and Payment

Unit Price in Numbers Extended Totals

1 847 hours

Direct mud-rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour

Direct mud-rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

Reverse rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate per rig dollars per hour

Reverse rotary drilling and well construction, including reaming, sampling and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

Hollow-stem auger drilling, well construction, and associated services as described in Exhibit A, Items 4, 5, and 6, hourly rate dollars per hour

Hollow-stem auger drilling, well construction, and associated services as described in Exhibit A, Items 4, 5, and 6, overtime rate per rig dollars per hour

Borehole Geophysical logging services as described in Exhibit A, Items 4, 5, and 6, at Contractor's cost plus percent

Markup (shall not

Well construction materials as described in Exhibit A, Items 4, 5, and 6, at Contractors cost plus percent

Markup (shall not exceed 10%)

Special equipment and materials as described in Exhibit A, Items 4, 5, and 6, at Contractors cost plus percent

Markup…