IFB_10220166_QC.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 23, 2026

You are invited to review and respond to this Invitation for Bid (IFB) number 10220166 for Bacteriological Water Testing and Analysis Services. The anticipated term of this agreement is three (3) 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. Inquiries regarding the processing of this bid should be referred to Lisa Huff at (209) 827-5113. 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, Lisa Huff Contract Analyst San Luis Field Division

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

IFB# 10220166

TABLE OF CONTENTS

Page Purpose and Description of Services 4 Bidder Minimum Qualifications 4 Bid Requirements and Information 4 Bid Key Action Dates 4 Questions and Answers 4 Submission of Bid 5 Evaluation and Selection Process 6 Tax Delinquent Status Verification 7 Generative Artificial Intelligence (GenAI) Disclosure 7 Award and Protest 7 Disposition of Bids 8 Standard Conditions of Service 8 Payee Data Record (Std. 204) 9 Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a) 9

Small Business Preference Program 9 Disabled Veteran Business Enterprise Program 11 Pending Small Business or Disabled Veteran Business Enterprise Certification Application 13 Bid Checklist 14 Attachment I – Bid Sheet 15 Attachment II – Bid/Bidder Certification Sheet 17 Completion Instructions for Bid/Bidder Certification Sheet 18 Attachment III – Bidder References 19

Attachment IV – Darfur Contracting Act Certification 20

Attachment V – Generative Artificial Intelligence (GenAI) Disclosure (DWR 9834) 21 Attachment VI – Bidder Certification of DVBE Participation (DWR 9526) 22 Attachment VII – DVBE Declarations (DGS PD 843) 23 Attachment VIII – Bidder Declaration ( DGS PD 05-105) 24 Attachment IX – California Civil Rights Laws Attachment 25 Sample Contract – Standard Agreement (Std. 213) 26 Exhibit A – Scope of Work 27 Exhibit B – Budget Detail and Payment Provisions - Private Entities 31

Attachment 1 – Bid Sheet Placeholder 32 Exhibit C – General Terms and Conditions 33

Exhibit D – Special Terms and Conditions for Department of Water Resources – Standard Payable (DWR 9544) 34

Attachment 1 – Recycled Content Certification Form (DWR 9557) 37 Exhibit E – Additional Provisions 39

Attachment 1 – Small Business Subcontractor Payment Certification (DWR 9683) 43

A. Purpose and Description of Services

The Contractor agrees to provide to the Department of Water Resources (DWR), San Luis Field Division (SLFD) Bacteriological Water Testing and Analysis Services, as described herein.

B. Bidder Minimum Qualifications The Contractor must maintain current certification by the State Water Resources Control Board, Division of Drinking Water, Environmental Laboratory Accreditation Program (ELAP) to perform bacteriological water testing and analysis services on raw and treated water. Certification under the National Environmental Laboratory Accreditation Program (NELAP) is also acceptable. The Contractor must maintain a current, valid California Business License. Services must be performed at the Contractor’s facility to assure holding times of samples are not exceeded. The Contractor’s facility must be located within a 65-mile radius of SLFD.

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.

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 29, 2026 Technical questions must be submitted by August 12, 2026 at 3:00 p.m.

Answers to technical questions will be disseminated by August 19, 2026 at 3:00 p.m.

Bids must be received by September 3, 2026 at 3:00 p.m.

Bid opening to be held on September 8, 2026 at 10:00 a.m.

Anticipated start date of agreement is January 1, 2027

Bid Openings: Sealed bids will be publicly opened and read at the following location.

Department of Water Resources

Warehouse Breakroom 31770 Gonzaga Road

Gustine, California 95322

2. LOCATION WHERE WORK WILL BE PERFORMED:

The Contractor’s Facility

QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to Lisa.Huff@water.ca.gov and received by the State on or before August 12, 2026 at 3:00 p.m. The State’s representatives will provide answers in writing to all potential bidders by August 19, 2026 at 3:00 p.m.

3. 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:

Attn: Lisa Huff

San Luis Field Division

ii. Bids submitted by hand delivery, must be given to Contract Specialist, Lisa Huff, on or before the bid due date and time. Please coordinate a day and time via phone (209) 827- 5113 or e-mail Lisa.Huff@water.ca.gov.

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

Attn: Lisa Huff

San Luis Field Division

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 mailto:Lisa.Huff@water.ca.gov 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.

4. 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.

5. 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

6. 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.

7. 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.

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

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: Lisa.Huff@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.

8. 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.

mailto:OLSProtests@dgs.ca.gov

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)

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 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 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.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14838.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14838.&lawCode=GOV

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.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV

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:

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 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.

H. 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 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837&lawCode=GOV 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.

mailto:DVBE@calvet.ca.gov https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true mailto:SB.DVBE@water.ca.gov https://govt.westlaw.com/calregs/Document/IB12922901BF311EE8DA6DAFA82226BB2?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC

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.

I. 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 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://www.law.cornell.edu/regulations/california/2-CCR-1896.61 https://www.law.cornell.edu/regulations/california/2-CCR-1896.70 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS 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 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 Copy of a current, valid California Business License Proof that Contractor’s facility is within a 65-mile radius of SLFD Certification by the State Water Resources Control Board Division of Drinking Water, Environmental Laboratory Accreditation Program (ELAP) to perform bacteriological water testing and analysis services on raw and treated water. Certification under the National Environmental Laboratory Accreditation Program (NELAP) is also acceptable.

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)

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) Certificate(s) of Insurance Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors)

(DWR 9524a)

ATTACHMENT I

BID SHEET

The services 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. Notwithstanding the foregoing, the State may reject bids that are, as determined in the sole discretion of the State, unbalanced. An “unbalanced bid” is a bid that has nominal prices for work item(s) that represent substantive work and/or overly enhanced prices for nominal work item(s).

Item Description Quantity Unit Price Item total

1. Drinking Water-Presence 12 months x 10 samples x___________ per sample = $ __________ Absence Total and Fecal Coliform-10 samples-one/month

2. Drinking Water- HPC 12 per year x 10 samples x___________ per sample = $ __________ Microbiological Test if needed

3. Retest if positive results 12 months x 4 samples x___________ per sample = $ __________ of items 1 and 2 above by Multiple Tube Fermentation for E. Coli and Total Coliform if needed.

4. Raw Water Sample 12 months x 4 samples x___________ per sample = $ __________ Total Coliform and E. Coli Enumeration Multiple Tube Fermentation 4 samples per month

5. Additional Samples 25 per year x 4 samples x___________ per sample = $ __________ Requested outside of regularly scheduled analysis

6. Emergency Analysis Services 10 per year x 2 samples x___________ per sample = $ __________ (48-hour results)

*GRAND TOTAL (ITEMS 1-6) $________________________

BASIS FOR AWARD

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.

Company Name

Printed Name and Title of Bidder

Signature of Bidder

Date

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

ATTACHMENT II

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the required attachments as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

Do not return Bid Requirements and Information or the Sample Agreement.

A. Our all-inclusive bid is submitted as detailed in Attachment I, Bid Sheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. An unsigned Bid/Bidder Certification Sheet may be cause for rejection.

1. Company Name 2. Telephone Number 2a. Email

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSDS) as:

a. California Small Business Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office.

This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT III

BIDDER REFERENCES

List below three references for services performed within the last five years, which are similar to the scope of work to be performed under this contract.

REFERENCE 1

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

REFERENCE 2

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

REFERENCE 3

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

Please provide a statement of explanation if no references are available:

ATTACHMENT IV

DARFUR CONTRACTING ACT CERTIFICATION

Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code section 10476.

Therefore, to be eligible to submit a bid or proposal, please initial one of the following three paragraphs and complete the certification below:

1. We do not currently have, or we have not had within the previous Initials three years, business activities or other operations outside of the United

States.

OR

2. We are a scrutinized company as defined in Public Contract Code Initials section 10476, but we have received written permission from the

Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. We currently have, or we have had within the previous three years, Initials business activities or other operations outside of the United States, but we certify below that we are not a scrutinized company as defined in Public Contract Code section 10476.

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above. This certification is made under the laws of the State of California.

Proposer/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL

INCLUDES THIS FORM WITH EITHER PARAGRAPH # 1, # 2, or # 3 INITIALED AND THE

CERTIFICATION SIGNED.

ATTACHMENT V

ATTACHMENT VI

ATTACHMENT VII

Link to form DGS PD 843

- Select and use for titled “Disabled Veterans Business Enterprise Declarations” – 1 page https://www.dgs.ca.gov/PD/Search-Results?search=843&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1

ATTACHMENT VIII

Link to form DGS PD 05-105

- Select and use form titled “Bidder Declaration (Written)” – 2 pages https://www.dgs.ca.gov/PD/Search-Results?search=05-105&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1

ATTACHMENT IX

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT OFFICE OF LEGAL SERVICES

DGS OLS 04 (Rev. 01/17)

Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or above shall certify, under penalty of perjury, at the time of the bid or proposal is submitted or the contract is renewed, all of the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION

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

Proposer/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Executed in the County of

Executed in the State of

Date Executed

SAMPLE CONTRACT

EXHIBIT A

SCOPE OF WORK

1. The Contractor agrees to provide to Department of Water Resources (DWR), San Luis Field

Division (SLFD), Bacteriological Water Testing and Analysis Services, as described herein.

2. The services will be performed at:

The Contractor’s Facility

3. The Contract Managers during the term of this agreement will be:

Department of Water Resources (Contractor Name) Name: Name:

Phone: Phone:

Fax: Fax:

Email: Email:

Contract Managers may be changed by written notice to the other party.

LOGISTICS AND TRANSFER OF SAMPLES

4. The Contractor must furnish to the Department of Water Resources (DWR), San Luis Field Division

(SLFD), qualified personnel, labor, materials, supplies, equipment, insurance, incidentals, license, any applicable taxes and all other items of expense necessary to perform analysis on water samples collected from various locations within San Luis Field Division.

5. Once a month DWR staff will collect water samples from required areas. DWR staff will label all samples with the date and time of the collection. The Contractor must receive samples at their laboratory between 8:00 a.m. and 5:00 p.m., Monday through Thursday (except State - observed holidays).

6. Sample analysis will be transported by DWR staff on a mutually agreed upon designated day to the

Contractor’s laboratory for analysis the same day samples are collected. The Contractor must perform tests within 24 hours from the time samples were collected by DWR staff.

GENERAL PROVISIONS

7. The Contractor must maintain current certification by the State Water Resources Control Board

Division of Drinking Water, Environmental Laboratory Accreditation Program (ELAP) to perform bacteriological water testing and analysis services on raw and treated water.