IFB_10216376.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. 7-1-2026

INVITATION FOR BID

Notice to Prospective Bidders

July 16, 2026

You are invited to review and respond to this Invitation for Bid (IFB) number 10216376 for Protective Coatings with Hazardous and Non-Hazardous Materials Located on Southern California Department of Water Resources’ State Water Project facilities. The anticipated term of this agreement is three (3) years with the option to renew for three (3) additional one (1) year terms. 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.

Inquiries regarding the processing of this bid should be referred to Vinay Singh at (916) 902-7837.

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.

Sincerely, Desmond Feher

Desmond Feher, Manager Mechanical Engineering Services Division of Operations and Maintenance Department of Water Resources

Attachment(s)

IFB# 10216376

TABLE OF CONTENTS

Page

Purpose and Description of Services 4

Bidder Minimum Qualifications 4

Bid Requirements and Information 5

Bid Key Action Dates 5

Location Where Work Will Be Performed 6

Mandatory Pre-Bid Conference 6

Submission of Bid 7 Evaluation and Selection Process 9

Tax Delinquent Status Verification

Generative Artificial Intelligence (GenAI) Disclosure

Department of Industrial Relations Registration of Contractors and Prevailing Wage Monitoring and Enforcement

Award and Protest 11

Disposition of Bids 12

Standard Conditions of Service 12

Payee Data Record (Std. 204) 12 Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

Economic Incentive Program 12

Small Business Preference Program 13

Disabled Veteran Business Enterpise Program 15

Pending Small Business or Disabled Veteran Business Enterprise Certification Application 17

Bid Checklist 19

Attachment I – Bid Sheet 21

Attachment II – Bid/Bidder Certification Sheet 25

Completion Instructions for Bid/Bidder Certification Sheet 26

Attachment III – Bidder References 27

Attachment III(a) – Bidder’s Headquarters and Shop Location 28

Attachment IV – Darfur Contracting Act Certification 29

Attachment V – Generative Artificial Intelligence (GenAI) Disclosure (DWR 9834) 30

Attachment VI – Bidder Certification of DVBE Participation (DWR 9526) 31

Attachment VII – DVBE Declarations (DGS PD 843) 32

Attachment VIII – Bidder Declaration ( DGS PD 05-105) 33

Attachment IX – California Civil Rights Laws Attachment 34

Attachment X – Iran Contracting Act 35

Sample Contract – Standard Agreement (Std. 213) 36

Exhibit A – Scope of Work 37

Attachment 1 – Sample Service Request 55

Attachment 2 – Sample Letter of Authorization 56

Exhibit B – Budget Detail and Payment Provisions - Private Entities 63

Attachment 1 – Bid Sheet Placeholder 64

Attachment 2 – Department of Industrial Relations (DIR) Registration Certification 65

Exhibit C – General Terms and Conditions 66 Exhibit D – Special Terms and Conditions for Department of Water Resources – Standard Payable (DWR 9544)

Attachment 1 – Recycled Content Certification Form (DWR 9557) 70

Exhibit E – Additional Provisions 72

Attachment 1 – Travel and Per Diem Expenses (DWR 9580) 79

Attachment 2 – Standard Clauses – General Conditions for Public Works and/or Drilling Contracts (DWR 4197)

Attachment 3 – Protection of Confidential and Sensitive Information 83

Attachment 4 – Non-Disclosure Certificate 85

Attachment 5 – Small Business Subcontractor Payment Certification (DWR 9683) 86

Exhibit F – Bidder’s Bond (DWR 4021) 87

Exhibit G – Non-collusion Declaration (DWR 4206) 88

Exhibit H – Payment Bond (DWR 3373) 89

Exhibit I – Performance Bond (DWR 156) 90

A. Purpose and Description of Services

Contractor to provide as-needed services for removal and disposal of protective coatings with hazardous and non-hazardous materials, preparation of surfaces, finish coatings, weld repair of corrosion damage, and Weko-seal installation to correct corrosion damage of components which are a part of the pumping and generating facilities and on the water conveyance system of the State Water Project (SWP) located throughout Southern California.

B. Bidder Minimum Qualifications

1. The Department has determined that Bidders responding to this solicitation must comply with

Disabled Veteran Business Enterprise (DVBE) Program participation requirements, which is a minimum of three percent (3.0%) committment. Bidders must complete and submit the following forms: Attachment VI, Bidder Certification of DVBE Participation (DWR 9526), Attachment VII, DVBE Declaration (DGS PD 843); Attachment VIII, Bidder Declaration (DGS PD 05-105) and DVBE bidder’s and/or subcontractor(s)’ Department of General Services Office of Small Business and Disabled Veteran Business Enterprise Services (DGS/OSDS) certification(s). Failure to fulfill the DVBE requirement will render your bid non-responsive and shall be cause for bid rejection.

2. Bidder and any identified subcontractors must be registered as a Public Works Contractor with the Department of Industrial Relations (DIR) at the time of bid submittal and throughout the term of this contract. A copy of the DIR Registration(s) must be submitted with the bid.

3. Bidder’s headquarters must be located in the California counties south of, and including

Monterey County, Fresno County, and Mono County throughout the term of the contract.

Please provide the location on Attachment III(a), Location Of Contractor’s Headquarters and Service Shop.

4. Bidder’s shop where work will be performed must be located in the California counties south of, and including Monterey County, Fresno County, and Mono County. Please provide the location on Attachment III(a), Location Of Contractor’s Headquarters and Service Shop.

5. Bidder must provide three (3) references for services performed within the last five (5) years, which are similar to the Scope of Work to be performed under this contract. Please provide references on Attachment III, Bidder References.

6. Bidder is required to have the following valid licenses and certificates throughout the term of this contract. Copies must be submitted with the bid.

a. C-33 (Painting and Decorating Contractor) License issued by Department of Consumer Affairs, Contractors State License Board (CSLB)

b. Association for Materials Protection and Performance (AMPP)/Society of Protective Coatings (SSPC) Certification QP-1 (Field Application to Complex Industrial and Marine Structures)

c. AMPP/SSPC Certification QP-2 (Field Removal of Hazardous Coatings)

7. Bidder or identified subcontractor is required to have the following valid licenses and certificates throughout the term of this contract. Copies must be submitted with the bid.

a. AMPP/SSPC Certification QP-3 (Shop Painting Certification Program)

b. Hazardous Materials Transportation License from the California Highway Patrol (CHP)

c. Hazardous Materials Certificate of Registration with the U. S. Department of

Transportation (DOT)

d. Hazardous Waste Transporter Registration Certificate issued by the California

Department of Toxic Substance Control (DTSC)

e. American Board of Industrial Hygiene (ABIH) Certification must be provided for the

Certified Industrial Hygienist (CIH) which is on bidder’s staff or is an identified subcontractor. CIH must be experienced in the comprehensive practice of industrial hygiene with specialized experience in the removal and recovery of hazardous materials.

f. ASB (Asbestos Certification) License issued by CSLB must be provided for the CIH which is on bidder’s staff or is an identified subcontractor.

g. AMPP/National Association of Corrosion Engineers (NACE) Level 2 Certification for personnel who will be performing coating inspections.

8. The following miscellaneous requirements are not required with the bid but must be provided, as needed, during the Service Request and Letter of Authorization process by Bidder or identified subcontractor.

a. Weko-Seal Installer must be trained and certified by Weko-Seal manufacturer

b. Confined Space Rescue Staff

c. Rescuers must have completed, at a minimum, the California State Fire Marshall (or equivalent) approved course titled "Confined Space Rescue Technician".

d. Rescuers must have completed and must be current in Cardiopulmonary Resuscitation

(Confined Space Related CPR/First Aid) and/or Automated External Defibrillator (AED) training. Training must be by a recognized organization.

e. The rescue team must provide at least one Emergency Medical Technician (EMT) certified personnel when providing rescue services. The EMT certification must be through the National Registry of Emergency Medical Technicians (NREMT) or equivalent.

f. Rescuers must be trained and competent in the duties as specified in CCR, Title 8, section 5157, sub-section H - Authorized Entrant, sub-section I -Attendant, subsection J - Entry Supervisor, sub-section K - rescue and emergency services.

g. High Angle Rescue Staff must have the same certifications as Confined Space Rescue Staff, plus all staff will be SPRAT Level I certified, the Foreman will be SPRAT Level II certified

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 July 16, 2026 Mandatory Pre-bid Conference to be held on July 27, 2026 at 9:00 AM Mandatory Pre-bid Conference doors close at July 27, 2026 at 9:10 AM No bidder will be allowed into the conference once doors close.

Bids must be received by August 4, 2026 by 3:00 PM Bid opening to be held on August 5, 2026 at 9:00 AM Anticipated start date of agreement is September 2026

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 IFB #10216376 – Protective Coating Services Time: August 5, 2026 at 9:00 AM

Join TEAMS Meeting https://teams.microsoft.com/meet/258020991451585?p=GuhN65W8NZc6rIt7Sk

Or by Telephone (audio only):

Dial: (916) 573-2034 Phone Conference ID: 267 342 58#

*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:

A. Contractor’s or subcontractor’s shop facility located in the California counties south of and including Monterey County, Fresno County, and Mono County.

B. DWR facilities operated by the field divisions listed below:

1) San Joaquin Field Division in Bakersfield, California

2) Southern Field Division in Pearblossom, California

3) Future Field Division - Any field division established after the Start Date, at a location currently covered under this Agreement shall automatically be included within this Scope of Work under this Agreement. Contractor shall provide Services to such field divisions in accordance with the terms and conditions of this Agreement.

C. DWR facilities operated by the field divisions listed below (on rare occasions):

1) Oroville Field Division in Oroville, California

2) Delta Field Division in Byron, California

3) San Luis Field Division in Gustine, California

3. MANDATORY PRE-BID CONFERENCE

a. Contractors must attend the mandatory pre-bid conference in order to have their bid accepted. The mandatory pre-bid conference will be held at:

San Joaquin Field Division

4201 Sabodan Street Bakersfield, CA 93313

b. Substantive questions regarding bidding and contracting requirements will be addressed at the pre-bid conference only. No questions with regards to requirements and provisions detailed in the Scope of Work will be addressed before or after the conference.

c. The pre-bid conference will be the sole forum for addressing questions regarding bid and contract requirements. If appropriate, DWR may issue an Addendum to this IFB as a result of items discussed at the pre-bid conference.

d. Prospective bidders attending this pre-bid conference will receive information regarding the bid. In the event a prospective bidder is unable to attend a mandatory pre-bid conference, an authorized representative may attend on the prospective bidder’s behalf.

The representative may sign in for only one company. If this is not an option available to you, please contact the State for possible alternative accommodations.

e. If a prospective bidder needs assistance because of physical impairment, reasonable accommodation will be provided by DWR if requested. To request reasonable accommodation, please call Vinay Singh at (916) 902-7837 no later than 3:00 p.m. on the fifth business day prior to the scheduled date of the pre-bid conference.

4. SUBMISSION OF BID

a. Bids must be submitted by United States Postal Service (USPS) mail, hand delivery, United Parcel Service (UPS), express mail, or Federal Express.

i. Bids submitted by USPS must be addressed to:

Contract Services Attn: Vinay Singh P.O. Box 942836

715 P Street Sacramento, CA 94236-0001

ii. Bids submitted by hand delivery, must be given to Vinay Singh on or before the bid due date and time. Please coordinate a day and time via phone (916) 902-7837 or e-mail vinay.singh@water.ca.gov.

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

Contract Services Attn: Vinay Singh

715 P Street, 5th Floor 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. If, in the opinion of the State, the submitted bid information is determined to be unbalanced, the State may reject the bid. An “unbalance bid” is a bid that, in the sole discretion of the State, has nominal prices for work item(s) that represent substantive work and/or overly enhanced prices for nominal work item(s).

d. 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.

e. 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.

f. 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 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 Definitions for GenAI.

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

d. 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.

e. 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.

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 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: vinay.singh@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 Acknowledgment (Consultants and

Contractors)

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 contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. Economic Incentive Programs

Bidders may be eligible for additional preferences when their place of business is located within certain economic regions and when they hire persons living and working within those economic regions. Please access the following links to read information about these economic incentive programs.

TACPA CONTRACT PREFERENCE

This solicitation contains Target Area Contract Preference Act (TACPA) preference request forms.

Please carefully review the forms and requirements. Bidders are not required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of the bid.

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 the 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 denial of preference requested.

Contracts awarded with applied preferences 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 preference programs.

Links to forms and contact information are below.

TACPA Preference Request (STD 830)

Manufacturer’s Summary of Contract Activities and Labor Hours (DGS PD 525)

Bidder’s Summary of Contract Activities and Labor (DGS PD 526)

Any questions regarding the TACPA preference should be directed to DGS-PD Support Services Unit at (916) 375-4609 or TACPA@dgs.ca.gov.

H. Small Business Preference Program

1. The Small Business Procurement and Contract Act Government Code (GC) Section 14838 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 five percent (5.0%) SB calculation preference, and

c. Provide the opportunity for bidders to receive a five percent (5.0%) non-small business

(NSB) calculation preference when achieving twenty-five percent (25.0%) SB participation through subcontracted efforts.

Bidder which is awarded the contract is committed to paying the stated percentage of the total contract amount (including contract amendments) to the SB subcontractor(s) as declared on the DGS PD 05-105 form. SB bidders and subcontractors must be certified by DGS/OSDS to participate in SB Preference program.

2. SMALL BUSINESS PREFERENCE

The SB 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 SB. The SB Preference is used as a calculation for determining the lowest bidder and does not affect the actual price bid. Responding bidders must:

a. Includes in its bid a notification to the awarding department that it is an SB or that it has submitted to The Department of General Services, Office of Small Business & Disabled Veteran Business Enterprise Services (DGS/OSDS) a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by DGS/OSDS as an SB; and

b. Include copy of firm’s DGS/OSDS SB certification

c. Submits a timely, responsive bid; and

d. Be determined to be a responsible bidder.

3. NON-SMALL BUSINESS PREFERENCE

Non-small business (NSB) bidders will be granted a five percent (5.0%) NSB preference on a bid evaluation when a responsible NSB has agreed to subcontract at least twenty-five percent (25.0%) of their bid price with a California certified SB and if the NSB 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 information on required form DGS PD 05-105, Attachment VIII, of the

DGS/OSDS certified SB subcontractor(s) with which it commits to subcontract a total of at least twenty-five percent (25%) of its net bid price (refer to page two of form for detailed instructions);

b. Include copy of the DGS/OSDS certification for each identified SB;

c. Submits a timely, responsive bid; and

d. Be determined to be a responsible bidder.

4. NON-SMALL BUSINESS PREFERENCE CALCULATION

The NSB calculation preference five percent (5.0%) 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 an SB and the bid of a Disabled Veteran Business Enterprise (DVBE) that is also an SB, the award shall go to the DVBE that is also an SB.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the SB or NSB subcontractor preferences awarded on a single bid exceed $50,000, and in no event shall the combined cost of the SB or NSB 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 SB is the lowest responsive, responsible bidder, then there is no need to compute the SB preference as the SB is the low bidder.

7. COMMERCIALLY USEFUL FUNCTION (SBs) (Government Code (GC) section 14837(d) (4))

A certified SB, micro-business (MB) contractor, subcontractor or supplier, must meet commercially useful function (CUF) requirements under Government Code (GC) section 14837(d) (4). Selected firms must perform a CUF 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 GC section 14837(d) (4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a CUF. A person or an entity is deemed to perform a CUF if that person or entity does all of the following:

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

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

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

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

e. 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

f. 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 CUF. In responding to this solicitation, you are confirming that, under GC 14837 (d) (4) above, your business provides goods and/or services meet the definition of CUF. All bidders are required to provide CUF documentation using the State’s Bidder Declaration form DGS PD 05-105, Attachment VIII, included in the solicitation document.When completing the DGS PD 05-105, 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.

I. Disabled Veteran Business Enterprise Program

DVBE Program Participation is Required for Solicitation This solicitation includes DVBE Program participation requirements, which is a minimum of three percent (3.0%) commitment. Complete and provide the following forms for DVBE Program participation compliance:

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

2. DGS PD 843 Attachment VII (DVBE Declarations)

3. DGS PD 05-105, Attachment VIII (Bidder Declaration) - refer to page two of form for detailed instructions

4. DGS/OSDS Certification(s) for bidder and/or subcontractor(s). Bidder and/or subcontractors must be certified by DGS/OSDS in order to take part in DVBE Participation Program.

DVBE Incentive is as follows:

DVBE Required Participation Incentive Percentage (%)

5.0% or over 5.0%

4.0% to 4.99% 4.0%

3.0% to 3.99% 3.0%

If you need assistance with finding a certified DVBE subcontractor, you can contact California Department of Veterans Affairs (CalVet) DVBE Program

- https://www.calvet.ca.gov/contact o Phone Number: 800-952-5626 o Email: DVBE@calvet.ca.gov

You can also do a certified vendor search on Cal eProcure:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true

1. DWR SB/DVBE PROGRAM MANAGER PRE-REVIEW OF DVBE DOCUMENTATION

The Department’s SB/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 participation requirements.

Bidders should allow at least five (5) working days for pre-review of their DVBE documentation and submit them to the following:

SB/DVBE Program Manager Email: SB.DVBE@water.ca.gov

Upon satisfactory review of the bidder’s DVBE documentation, the DWR SB/DVBE Program Manager issues a Notification of Compliance which the bidder will submit with their bid submittal.

2. DVBE INCENTIVE PROGRAM

Under CCR 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 DVBE 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. DVBE certified firm (bidder and/or subcontractor(s)) must be certified by DGS/OSDS.

e. Services or commodities provided by the DVBE firm MUST meet the definition of CUF as defined under Government Codes: 14837 and 14842.5; Military and Veterans Code 999

(B) (i) (ii); and California Code of Regulations 1896.71. A DVBE firm determined as not meeting CUF regulations will render the responding firm ineligible for the DVBE Incentive Application.

f. Bidder which is awarded this contract, is committed to paying the stated percentage (on each form DWR 9526) of the total contract amount (including contract amendments) to the DVBE subcontractor declared on this form.

3. COMMERCIALLY USEFUL FUNCTION - DVBEs (MVC 999(B))

Firms selected must perform a “commercially useful function” relevant to this contract. The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of CCR 1896.61(f); is certified in accordance with CCR 1896.70 and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. As defined in MVC 999(B), a person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following:

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

b. Carries out the obligation by actually performing, managing, or supervising the work involved;

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

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

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

f. 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.

4. ORDER OF EVALUATION

For purposes of evaluation, first SB Preference will be applied, followed by the DVBE Incentive calculation.

J. Pending Small Business or Disabled Veteran Business Enterprise Certification

Applications

Bidders wishing to apply for the SB Preference, NSB Preference or DVBE Incentive related to this solicitation and have pending SB or DVBE certification(s) applications under review by DGS/OSDS, you must have:

1. notified DGS/OSDS that you are responding to a solicitation and are seeking an expedite review of your SB or DVBE certification application in relation to the solicitation;

2. provided DGS/OSDS with the Bid Key Action Dates page from the solicitation 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.

Bidders must notify the State in writing at the time of bid submission that they have an application for SB or DVBE certification under review at the DGS/OSDS, and that they wish to be considered for the SB Preference, NSB Preference or DVBE Incentive.

Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process. Website: https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro- Accordion-List/OSDS/OSDS

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 III(a) – Location of Contractor’s Headquarters and Service Shop Attachment IV – Darfur Contracting Act Certification Attachment V – GenAI Disclosure (DWR 9834) Attachment VIII, Bidder Declaration (DGS PD 05-105) – include all subcontracting information for entire bid on this one form also indicate if you are not subcontracting services.

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

Non-Collusion Declaration (DWR 4206) Copy of valid Public Works Contractor registration(s) with DIR of bidder and any identified subcontractors Copy of Class C-33 (Painting and Decorating Contractor) License issued by the California

Department of Consumer Affairs, Contractors State License Board (CSLB) Copy of QP-1 (Field Application to Complex Industrial and Marine Structures) Certification issued by the Association for Materials Protection and Performance (AMPP)/Society of Protective Coatings (SSPC)

Copy of QP-2 (Field Removal of Hazardous Coatings) Certification issued by AMPP/SSPC Copy of QP-3 (Shop Painting Certification Program) Certification issued by AMPP/SSPC Hazardous Materials Transportation License from the California Highway Patrol (CHP) Hazardous Materials Certificate of Registration with the U. S. Department of

Transportation (DOT) Hazardous Waste Transporter Registration Certificate issued by the California

Department of Toxic Substance Control (DTSC) Copy of American Board of Industrial Hygiene (ABIH) Certification for the Certified Industrial

Hygienist (CIH) which is on bidder’s staff or is an identified subcontractor Copy of ASB (Asbestos Certification) License issued by CSLB Copy of AMPP/NACE Certified Coatings Inspector / Coating Inspector Program (CIP) Level 2

Certification for personnel who will be performing coating inspections

SMALL BUSINESS PREFERENCE PROGRAM

If you are a prime firm which is SB-certified and/or subcontracting to an SB, you must complete and return the following forms

- List all subcontracting information on Attachment VIII, Bidder Declaration (DGS PD 05-105) mentioned above; and

- Copy of current DGS/OSDS DVBE certification(s) for prime and/or subcontractor(s)

DVBE PARTICIPATION AND INCENTIVE PROGRAMS

If you are a prime firm which is DVBE-certified and/or subcontracting to a DVBE, you must complete and return the following forms:

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

- Attachment VII, DVBE Declaration (DGS PD 843);

- List all subcontracting information on Attachment VIII, Bidder Declaration (DGS PD 05-105) mentioned above; and

- Copy of current DGS/OSDS DVBE certification(s) for prime and/or subcontractor(s)

SB/DVBE Program Manager’s Notification of Compliance (if obtained in advance from the SB/DVBE Program Manager)

ADDITIONAL STATE MANDATED PREFERENCE PROGRAMS

Required only when the bidding firm claims following:

Target Area Contract Preference Act (TACPA) (Std. 830)

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 I

BID SHEET

The estimated hours 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 rates quoted below by the bidder will be binding for the term of the contract will be the rates which Contractor will charge DWR.

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

Subcontracted work needed for a service request will be invoiced at Contractor’s hourly rates as listed on this Bid Sheet.

The bidder is required to bid each item and will provide bid rates for all classifications within this bid sheet. 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 DWR to mean that the bidder indicating a zero-dollar ($0.00) amount will perform any such services, up to and including the quantity indicated, at no cost to DWR. DWR will only recognize the bid rates documented on this Bid Sheet.

Contractor or subcontractor(s) rented equipment will be invoiced at original rental cost plus ten percent (10%) markup. Contractor will provide a copy of the original receipt of the rental equipment with submitted invoices as supporting documentation.

Subcontracted work needed for a service request will be invoiced at cost plus ten percent (10%).

Copy of original receipt for subcontracted work must be submitted with invoices as supporting documentation.

Rates for subcontracted labor, equipment, materials, laboratory testing, disposal, and training listed in this Bid Sheet will not exceed the actual rates quoted below by the bidder and will be binding for the term of the Agreement. Rates for subcontracted labor listed in this Bid Sheet will not exceed the actual rates quoted below by the bidder and will be binding for the term of the Agreement.

All purchased materials needed for a service request, will be invoiced at cost plus ten percent (10%) not to exceed the actual rates quoted below by the bidder. Contractor must provide a copy of original receipt(s), for purchased materials, with invoices as supporting documentation.

Both Contractor’s and subcontractor(s) manufactured or refurbished parts will be invoiced at a negotiated price. All manufactured and refurbished parts and purchased materials will become the property of DWR upon completion of the work.

The Service Request and Letter of Authorization procedures will be used for typical Service Requests and urgent or emergency situations to procure or rent additional equipment, provide labor and materials, which were unforeseen and not listed in Exhibit B, Attachment 1 (Bid Sheet). DWR will request the need for services by submitting a Service Request form to Contractor.