IFB__15-2035729_Network_and_Voice_Cabling.pdf

State of California IFB # 15-2035729 California Department of Technology Network and Voice Cabling Services

INVITATION FOR BID

Network and Voice Cabling Services

IFB# 15-2035729

February 10, 2016

Issued by:

State of California California Department of Technology

10860 Gold Center Drive Rancho Cordova, CA 95670

The State’s copy of the electronic documentation developed for this IFB, is for the purposes of issuing a binding contract, and shall be considered the ORIGINAL.

SECTION I INTRODUCTION AND OVERVIEW OF REQUIREMENTS

A. PURPOSE AND OVERVIEW OF THE IFB 5

B. SCOPE OF THE IFB AND BIDDER ADMONISHMENT 5

C. AVAILABILITY 5

D. PROCUREMENT OFFICIAL 6

E. KEY ACTION DATES 7

F. INTENTION TO BID 7

G. CONFIDENTIALITY 8

H. NON-COLLUSION 8

I. POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY 8

J. MANDATORY BIDDER'S CONFERENCE 8

K. COST OPENING 9

EXHIBIT I-A LETTER OF INTENT TO BID 10

EXHIBIT I-B CONFIDENTIALITY STATEMENT 11

EXHIBIT I-C NONCOLLUSION AFFIDAVIT 12

SECTION II RULES GOVERNING COMPETITION

A. OVERVIEW 13

B. BIDDING REQUIREMENTS AND CONDITIONS 13

C. BIDDING STEPS 18

D. CONTRACTUAL INFORMATION 27

E. OTHER INFORMATION 29

EXHIBIT II–A COMPETITIVE BIDDING AND BID RESPONSIVENESS 31

SECTION III CURRENT SYSTEM

A. BACKGROUND 33

B. GENERAL REQUIREMENTS 33

SECTION IV PROPOSED SYSTEM

A. INTRODUCTION 34

B. GENERAL REQUIREMENTS 34

SECTION V ADMINISTRATIVE REQUIREMENTS

A. INTRODUCTION 35

B. BIDDER RESPONSIBILITY 35

C. COVER LETTER 35

D. BID CERTIFICATION 35

E. PAYEE DATA RECORD (STD 204) 36

F. CERTIFICATION WITH THE STATE OF CALIFORNIA 36

G. IRAN CONTRACTING ACT 36

H. BIDDING PREFERENCE AND PARTICIPATION PROGRAMS 36

I. PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECK POLICY 39

J. FEDERAL TAX ADMINISTRATION REQUIREMENTS 39

K. SECURITY AND DATA PROTECTION REQUIREMENTS 39

L. OTHER ADMINISTRATIVE REQUIREMENTS 39

SECTION VI TECHNICAL REQUIREMENTS

A. INTRODUCTION 41

B. REQUIRED SERVICES 41

C. HARDWARE REQUIREMENTS 41

D. CONTRACTOR TASK AND RESPONSIBILITIES 41

E. CONTRACTOR AND STAFF QUALIFICATIONS 42

F. CONTRACTOR MUST 43

G. TESTING AND ACCEPTANCE CRITERIA 44

H. CUSTOMER REFERENCES 45

ATTACHMENT VI-B1 46

ATTACHMENT VI-B2 48

ATTACHMENT VI-B3 50

SECTION VII COST

A. INTRODUCTION 52

B. COST DEFINITIONS 52

C. COST WORKSHEET 52

SECTION VIII BID FORMAT

A. INTRODUCTION 53

B. FINAL BID FORMAT AND CONTENT 53

C. BIDDER'S REQUIRED ATTACHMENT CHECKLIST INSTRUCTIONS 53

SECTION IX EVALAUTION

A. RECEIPT 54

B. EVALUATION TEAM 54

C. EVALUATION OF FINAL BIDS 54

D. APPLICABLE PREFERENCES AND INCENTIVES 56

E. SELECTION AND AWARD 56

F. INCENTIVE CALCULATION EXAMPLE FOR LOW COST AWARD 57

ATTACHMENTS

ATTACHMENT 1 - BIDDER’S REQUIRED ATTACHMENT CHECKLIST 59

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET 61

ATTACHMENT 3 - WORKER’S COMPENSATION CERTIFICATION 63

ATTACHMENT 4 - COMMERCIALLY USEFUL FUNCTION (CUF) VERIFICATION 64

ATTACHMENT 5 - IRAN CONTRACTING ACT VERIFICATION 65

ATTACHMENTS 6-12 - DOCUMENT LINKS 66

ATTACHMENT 13 - PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECKS FOR

CONTRACTORS 69

ATTACHMENT 14 - GLOSSARY 70

ATTACHMENT 15 - STANDARD AGREEMENT (STD. 213 FOR IT) 71

ATTACHMENT 16 - SAMPLE WORK AUTHORIZATION 73

ATTACHMENT 17 - BIDDER REQUIREMENTS CONSENT FORM 75

EXHIBITS

EXHIBIT A – STATEMENT OF WORK 77

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS 87

EXHIBIT B-1COST WORKSHEET 88

EXHIBIT C – GENERAL PROVISIONS INFORMATION TECHNOLOGY 92

EXHIBIT D – SPECIAL TERMS AND CONDITIONS TO SAFEGUARD FEDERAL TAX

INFORMATION 93

EXHIBIT E – SECURITY AND DATA PROTECTION 103

SECTION I – INTRODUCTION AND OVERVIEW OF REQUIREMENTS

A. PURPOSE AND OVERVIEW OF THE IFB

The purpose of this Invitation for Bid (hereinafter referred to as the “IFB”) is to solicit bids from qualified Bidders to provide the California Department of Technology, Office of Technology Services (OTECH), hereinafter referred to as the “State”, with Network and Voice Cabling Services.

After the application of any incentive and/or preferences, the State will award to the lowest cost, responsive, and responsible bidder.

Any Agreement resulting from this IFB will have a contract term of two (2) years plus a one-year extension option to be executed at the sole discretion of the State.

Responses to this IFB will be evaluated based on the total bid, and award, if made, will be to a single, responsive and responsible Bidder, in accordance with the methodology defined in Section IX, Evaluation, of this IFB. Failure to adhere to bid specifications will be considered a deviation from the requirements of this bid, and may cause the bid to be rejected.

B. SCOPE OF THE IFB AND BIDDER ADMONISHMENT

This IFB is being conducted under the policies and procedures developed by the Department of General Services, as provided under Public Contract Code section 12100

et. seq. This IFB contains the instructions governing the requirements for a time and materials bid to be submitted by interested bidders. The format for bid information to be submitted, and the materials and/or documents to be included therein, follows. This IFB also addresses the requirements that the Bidder must meet to be eligible for consideration, as well as addressing the Bidder’s responsibilities before and after installation.

IF A BIDDER EXPECTS TO BE AFFORDED THE BENEFITS OF THE STEPS

INCLUDED IN THIS IFB, THE BIDDER HAS THE RESPONSIBILITY OF:

• CAREFULLY READING THE ENTIRE IFB;

• ASKING APPROPRIATE QUESTIONS IN A TIMELY MANNER, IF CLARIFICATION

IS NECESSARY;

• SUBMITTING ALL REQUIRED RESPONSES, COMPLETED TO THE BEST OF THE

BIDDER’S ABILITY, BY THE REQUIRED DATES AND TIMES;

• MAKING SURE THAT ALL PROCEDURES AND REQUIREMENTS OF THE IFB ARE

ACCURATELY FOLLOWED AND APPROPRIATELY ADDRESSED; AND

• CAREFULLY REREADING THE ENTIRE IFB BEFORE SUBMITTING EACH BID.

C. AVAILABILITY

To meet the requirements of this IFB, the successful Bidder must have the services requested by this IFB fully operational and available to the State on, or before, the Ready-for-Use Date(s) specified in Section I.E., KEY ACTION DATES.

Section I 5

D. PROCUREMENT OFFICIAL AND CONTACT:

The Procurement Official and address to send bids, questions, or copies of protests are:

Hand Delivery:

United States Postal Service (USPS)

10860 Gold Center Drive, Suite 200 Rancho Cordova, CA 95670 Attn: Justin Ericson

P.O. Box 1810 (Mail Stop Y18) Rancho Cordova, CA 95741 Attn: Justin Ericson

The Department Contacts are:

Primary:

IT Procurement and Contract Services Branch P.O. Box 1810 (MS: Y18) Rancho Cordova, CA 95741 Attn: Justin Ericson Phone: (916) 431-5088 Email: Justin.Ericson@state.ca.gov

Secondary:

IT Procurement and Contract Services Branch P.O. Box 1810 (MS: Y18) Rancho Cordova, CA 95741 Attn: Brian Ito Phone: (916) 431-5094 Fax: (916) 463-9908

Email: Brian.Ito@state.ca.gov

Section I 6 mailto:Justin.Ericson@state.ca.gov mailto:Brian.Ito@state.ca.gov

E. KEY ACTION DATES

Listed below are the important actions, dates, and times by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to this IFB. OTHER THAN THE READY-FOR USE

DATE, ALL DATES AFTER THE FINAL BID SUBMISSION DEADLINE ARE

APPROXIMATE AND MAY BE ADJUSTED AS CONDITIONS INDICATE, WITHOUT

ADDENDUM TO THIS IFB.

ACTION DATE/TIME

Release of IFB 02/10/2016 Last day to submit names of Mandatory Bidder’s Conference attendees 02/16/2016 Mandatory Bidder’s Conference to be held at California Technology Agency, 10860 Gold Center Drive, Rancho Cordova, CA, 95670.

02/17/2016

10:00 AM (PST)

Last day to submit questions via e-mail for clarification of IFB and Letter of Intent to Bid, Confidentiality Statement, and Non-Collusion Affidavit due.

02/18/2016

5:00 PM (PST)

Last day to request a change in the requirements of the IFB 02/18/2016 State’s response to questions 02/19/2016 Last Day to Protest IFB Requirements 02/22/2016 Submission of Final Bids (3:00 PM PST) 02/25/2016 Evaluation of Final Bids and Reference Checks 02/25/2016-

02/26/2016 Intent to Award Date 02/26/2016 Proposed Award Date and Last day to protest Selection 03/04/2016 Proposed Start (or upon approval) 03/07/2016

F. INTENTION TO BID

The Bidders who wish to participate in the IFB must submit a notification of Intention to Bid on this procurement in accordance with Section II, Paragraph B.6, Supplier’s Intention to Submit a Bid to receive additional information regarding this IFB. Only those Bidders acknowledging interest in this IFB will receive additional correspondence regarding this procurement. The letter should identify the contact person for the solicitation process, along with a phone and fax number (See EXHIBIT I-A).

There is to be only one contact person for the Bidder during the process.

Information related to a Bidder will be given to the designated contact person. It shall be the Bidder’s responsibility to immediately notify the Procurement Official, in writing, regarding any revision to the information pertaining to the designated contact person. The State shall not be responsible for bid correspondence not received by the Bidder if the Bidder fails to notify the State, in writing, about any changes pertaining to the designated contact person.

G. CONFIDENTIALITY

Section I 7

To preserve the integrity of the security and confidentiality measures integrated into the State’s automated information systems, each Bidder is required to sign the Confidentiality Statement attached as EXHIBIT I-B, and submit it by the date specified in paragraph I.E. Key Action Dates of this Section.

Similarly, any Bidder engaging in information technology services to the State, requiring them to come into contact with confidential State information will be required to exercise security precautions for such data that is made available.

H. NON-COLLUSION

To preserve the integrity of the procurement process, every Bidder is required to execute the Non-Collusion Affidavit (See EXHIBIT I-C) and submit it by the date specified in paragraph I.E, KEY ACTION DATES.

I. POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY

To comply with the nondiscrimination requirements of Americans with Disability Act (ADA), it is the policy of the State to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities.

For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications of the procurement process, you may contact the Department Official identified in Section I. You may also contact the State at the numbers listed below.

IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT IS BEST THAT

WE RECEIVE YOUR REQUEST FOR REASONABLE MODIFICATION AT LEAST 10

WORKING DAYS BEFORE THE SCHEDULED EVENT (i.e., MEETING, CONFERENCE, WORKSHOP, etc.) OR DEADLINE DUE DATE FOR

PROCUREMENT DOCUMENTS.

The Procurement Division TTY telephone numbers are:

Sacramento Office: (916) 376-1891

The California Relay Service telephone numbers are:

Voice: 1-800-735-2922 or 1-888-877-5379 TTY: 1-800-735-2929 or 1-888-877-5378 Speech to Speech: 1-800-854-7784

Section I 8

J. MANDATORY BIDDER’S CONFERENCE

1. Mandatory Bidder’s Conference will be held at the California Department of Technology located at 10860 Gold Center Drive, Rancho Cordova, CA 95670 for the purpose of discussing and reviewing this IFB.

2. The California Department of Technology is a secure facility, requiring pre-authorization and a picture ID to gain access. All bidders planning to attend this conference must contact Justin Ericson at Justin.Ericson@state.ca.gov and Brian Ito at Brian.Ito@state.ca.gov via email no later than one (1) day prior to the scheduled date and time of the Bidder’s Conference. The Bidder’s name, name of the represented company, and contact number will be required.

3. On the day of the Mandatory Bidder’s Conference, please arrive at least 15 minutes prior to the scheduled start time to allow sufficient time for processing through Security located on the second floor, Ste. 200. As well, please print and bring a copy of the entire bid package to the Bidder’s Conference. Refer to Section I.E. Key Action Dates for Bidder’s Conference date and time. Only those bidders who attend the Mandatory’s Bidder’s Conference will be allowed to submit a bid.

Section I 9 mailto:Brian.Ito@state.ca.gov

EXHIBIT I-A

LETTER OF INTENT TO BID

Justin Ericson

P.O. Box 1810 (MS: Y18) Rancho Cordova, CA 95670 Phone: (916) 431-5088 Email: Justin.Ericson@state.ca.gov

Reference: IFB # 15-2035729 This is to notify you that it is our present intent to (submit/not submit) information in response to the above referenced IFB. The individual to whom all information regarding this IFB should be transmitted is:

Contact Name: __________________________________________________

Company Name: _________________________________________________

Mailing Address: __________________________________________________

City, State, & Zip: _________________________________________________

Telephone & Fax Number: __________________________________________

E-Mail Address: ___________________________________________________

______ Intend to submit a bid and has no problem with the IFB requirements.

______ Intend to submit a bid, but has one or more problems with the IFB. (Please refer to IFB Section II.B.4 for appropriate steps to have your concerns addressed by the State.)

______ Does not intend to submit a bid, for reasons stated in this response, and has no problem with the IFB requirements.

______ Does not intend to submit a bid because of one or more problems with the IFB requirements for reasons stated in this response. (Please note that the State will not provide a response.)

*If declining to bid, please state reason(s) why:

Signature of Representative Date

Typed Name and Title Phone Number

Company

Section I 10

EXHIBIT I-B

CONFIDENTIALITY STATEMENT

As an authorized representative and/or corporate officer of the company named below, I warrant my company and its employees will not disclose any documents, diagrams, and information made available to us by the State for the purpose of responding to IFB #15- 2035729 Network and Voice Cabling Services or in conjunction with any Agreement arising therefrom. I warrant that only those employees who are authorized and required to use such materials will have access to them.

I further warrant that all materials provided by the State will be returned promptly after use, and that all copies or derivations of the materials will be physically and/or electronically destroyed. I will include with the returned materials a letter attesting to the complete return of materials and documenting the destruction of copies and derivations. Failure to so comply will subject this company to liability, both criminal and civil, including all damages to the State and third parties. I authorize the State to inspect and verify the above.

I warrant that, if my company is awarded the Agreement, it will not enter into any Agreements or discussions with a third party concerning such materials prior to receiving written confirmation from the State that such third party has an Agreement with the State similar in nature to this one.

Signature of Representative Date

Typed Name and Title Phone Number

Company

Section I 11

EXHIBIT I-C

NONCOLLUSION AFFIDAVIT

TO BE EXECUTED BY BIDDER

(SUBMIT BY THE KEY ACTION DATE REFERENCED IN SECTION IE)

STATE OF CALIFORNIA

COUNTY OF _______________

_______________________________, being first duly sworn, deposes and says that he or she (name of person signing for bidder) is

(position or title) of _________________________________________________________________

(the company bidding)

The party making the foregoing bid attests that its bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or a sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;

that all Statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Dated: ________________

By ______________________________________ (person signing for bidder)

Section I 12

SECTION II RULES GOVERNING COMPETITION

A. Overview

1. Requirements

The State has established certain requirements with respect to bids to be submitted by prospective contractors. The use of "shall," "must," or "will" (except to indicate simple futurity) in the IFB indicates a requirement or condition which is mandatory. A deviation, if not material, may be waived by the State. A deviation from a requirement is material if the deficient response is not in substantial accord with the IFB requirements, provides an advantage to one bidder over other bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid,* amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived.

A deviation, if not material, may be waived by the State.

2. Desirable Items

The words "should" or "may" in the IFB indicate desirable attributes or conditions, but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, even if material, will not in itself cause rejection of the bid.*

B. BIDDING REQUIREMENTS AND CONDITIONS

1. General

This IFB, the evaluation of responses, and the award of any resultant contract shall be made in conformance with current competitive bidding procedures as they relate to the procurement of goods and services by public bodies in the State of California. A bidder's Final Bid is an irrevocable offer for 180 days following the scheduled date for submission of final bids specified in Section I, E., KEY ACTION DATES. A bidder may extend the offer in the event of a delay of contract award.

2. IFB Documents

This IFB includes, in addition to an explanation of the State's needs which must be met, instructions which prescribe the format and content of bids to be submitted and the model(s) of the contract(s) to be executed between the State and the successful bidder(s).

If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this IFB, the bidder shall immediately notify the Procurement Official identified in Section I of such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to Paragraph II.B.7, Addenda, below. Such clarifications shall be given by written notice to all parties who have identified themselves as bidders to the Procurement Official identified in Section I, without divulging the source of the request for same. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible

SECTION II 13

therefore.

If the IFB contains an error known to the bidder, or an error that reasonably should have been known, the bidder shall bid at its own risk. If the bidder fails to notify the State of the error prior to the date fixed for submission of bids, and is awarded the contract, the bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

3. Examination of the Work

The bidder should carefully examine the entire IFB and any addenda thereto, and all related materials and data referenced in the IFB or otherwise available to the bidder, and should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work. Specific conditions to be examined may be listed in the IFB section 5, ADMINISTRATIVE REQUIREMENTS and/or the section 6, TECHNICAL REQUIREMENTS.

4. Questions Regarding the IFB

Bidders requiring clarification of the intent or content of this IFB or on procedural matters regarding the competitive bid process may request clarification by submitting questions, in an email or envelope clearly marked "Questions Relating to IFB #15- 2035729", to the Procurement Official listed in Section I. To ensure a response, questions must be received in writing by the scheduled date(s) given in Section I, KEY ACTION DATES. Question and answer sets will be provided to all bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

A bidder who desires clarification or further information on the content of the IFB, but whose questions relate to the proprietary aspect of that bidder's bid and which, if disclosed to other bidders, would expose that bidder's bid, may submit such questions in the same manner as above, but also marked "CONFIDENTIAL," and not later than the scheduled date specified in Section I, E. KEY ACTION DATES to ensure a response. The bidder must explain why any questions are sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the bid, the question will be answered and both the question and answer will be kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered in this manner and the bidder will be so notified.

If the bidder believes that one or more of the IFB requirements is onerous, unfair, or imposes unnecessary constraints to the bidder in proposing less costly or alternate solutions, the bidder may request a change to the IFB by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. Such request must be submitted to the Procurement Official by the date specified in Section I, E KEY ACTION DATES for submitting a request for change. Oral answers shall not be binding on the State.

5. Bidders' Conference

SECTION II 14

A Bidders’ Conference may be held, during which suppliers will be afforded the opportunity to meet with State personnel and discuss the content of the solicitation document and the procurement process. Bidders are encouraged to attend the Bidders’ Conference. The time, date and place of such conference, if held, is specified in Section I, E. KEY ACTION DATES.

If questions are asked at or before the conference, Bidders will be asked to submit the question(s) in writing to the Procurement Official. Answers to these questions will be published in a Question and Answer set. Oral responses shall not be binding on the State. A transcript of the Bidder’s Conference will not be created.

6. Intent to Bid

Bidders that want to participate in the IFB should submit a completed Exhibit 1, Intent to Bid by the date specified in Section I, E. KEY ACTION DATES. This document may be mailed or emailed to the Procurement Official identified in Section I. Only those Bidders acknowledging interest in this IFB will receive correspondence throughout this procurement. Correspondence to a Bidder regarding this solicitation will only be given to the Bidder’s designated contact person. It shall be the Bidder’s responsibility to immediately notify the Procurement Official identified in Section I, in writing, regarding any revision to the contact person information. The State shall not be responsible for bid correspondence not received by the Bidder if the Bidder fails to notify the State, in writing, about any change pertaining to the designated contact person.

7. Addenda

The State may modify the IFB prior to the date fixed for Contract Award by issuance of an addendum to all bidders who are participating in the bidding process at the time the addendum is issued. Addenda will be numbered consecutively.

If any Bidder determines that an addendum unnecessarily restricts its ability to bid, the supplier is allowed five (5) working days to submit a protest to the addendum according to the instructions contained in Paragraph II.G of this section.

8. Plastic Trash Bag Certification Violations

Public Resources Code Section 42290 et seq. prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a State contract or subcontract or renewal, extension, or modification of an existing contract or subcontract. Prior to award the State shall ascertain if the intended awardee or proposed subcontractor is a business identified on the current California Integrated Waste Management Board noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the Board of the proposed award and afford the Board the opportunity to advise the State. No award will be made when either the bidder or a subcontractor has been identified either by published list or by advice from the Board, to be in violation of certification requirements.

9. Bonds

SECTION II 15

The State reserves the right to require a faithful performance bond or other security document as specified in Section V the IFB from the supplier in an amount not to exceed the amount of the contract. In the event a surety bond is required by the State which has not been expressly required by the specification, the State will reimburse the supplier, as an addition to the purchase price, in an amount not exceeding the standard premium on such bond.

10. Discounts

In connection with any discount offered, except when provision is made for a testing period preceding acceptance by the State, time will be computed from date of delivery of the supplies or equipment as specified, or from date correct invoices are received in the office specified by the State if the latter date is later than the date of delivery.

When provision is made for a testing period preceding acceptance by the State, date of delivery shall mean the date the supplies or equipment are accepted by the State during the specified testing period. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the State warrant or check.

Cash discounts offered by bidders for the prompt payment of invoices will not be considered in evaluating offers for award purposes; however, all offered discounts will be taken if the payment is made within the discount period, even though not considered in the evaluation of offers.

11. Joint Bids (NOT APPLICABLE)

A joint bid (two or more bidders quoting jointly on one bid) may be submitted and each participating bidder must sign the joint bid. If the contract is awarded to joint bidders, it shall be one indivisible contract. Each joint contractor will be jointly and severally responsible for the performance of the entire contract, and the joint bidders must designate, in writing, one individual having authority to represent them in all matters relating to the contract. The State assumes no responsibility or obligation for the division of orders or purchases among joint contractors.

12. Air or Water Pollution Violations

Unless the contract is less than $25,000 or with a non-competitively bid contractor, Government Code Section 4477 prohibits the State from contracting with a person, including a corporation or other business association, who has been determined to be in violation of any state or federal air or water pollution control law.

Prior to an award, the State shall ascertain if the intended awardee is a person included in notices from the Boards. In the event of any doubt of the intended awardee's identity or status as a person who is in violation of any state or federal air or water pollution law, the State will notify the appropriate Board of the proposed award and afford the Board the opportunity to advise the Department that the intended awardee is such a person.

No award will be made to a person who is identified either by the published notices or by advice, as a person in violation of state or federal air or water pollution control laws.

SECTION II 16

13. Fair Employment and Housing Commission Regulations

The California Government Code Section 12990 requires all State contractors to have implemented a Nondiscrimination Program before entering into any contract with the State. The Department of Fair Employment and Housing (DFEH) randomly selects and reviews State contractors to ensure their compliance with the law. DFEH periodically disseminates a list of suppliers who have not complied. Any supplier so identified is ineligible to enter into any State contract.

14. Exclusion for Conflict of Interest

No consultant shall be paid out of State funds for developing recommendations on the acquisition of information technology (IT) products or services or assisting in the preparation of a feasibility study, if that consultant is to be a source of such acquisition or could otherwise directly and/or materially benefit from State adoption of such recommendations or the course of action recommended in the feasibility study.

Further, no consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus IT products, if that consultant would directly and/or materially benefit from State adoption of such recommendations.

A consultant shall not be eligible to serve as the Prime Contractor or Subcontractor pursuant to this solicitation if the Contractor/Subcontractor is currently working on the solicitation in an Independent Verification and Validation (IV & V) role

15. Seller’s Permit

This solicitation document is subject to all requirements set forth in Sections 6452, 6487, 7101 and 18510 of the Revenue and Taxation Code, and Section 10295 of the Public Contract Code (PCC), requiring contractors to provide a copy of their retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization. Unless otherwise specified in this solicitation document, a copy of the retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates must be submitted within five (5) State business days of the State’s request.

16. Disclosure of Financial Interests

Bids in response to State procurements for assistance in preparation of feasibility studies or the development of recommendations for the acquisition of IT products and services must disclose any financial interests (i.e., service contract, Original Equipment Manufacturer (OEM) agreements, remarketing agreements, etc.) that may foreseeably allow the individual or organization submitting the bid to materially benefit from the State's adoption of a course of action recommended in the feasibility study or the acquisition recommendations. If, in the State's judgment, the financial interest will jeopardize the objectivity of the recommendations, the State may reject the bid.

17. Unfair Practices Act and Other Laws

SECTION II 17

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section 17000 et seq.) and all applicable State and Federal laws and regulations.

C. BIDDING STEPS

1. General

The IFB document may require, as specified in Section II, C. BIDDING STEPS, any or all of the following types of preliminary bids: Conceptual Bid, Detailed Technical Bid, and Draft Bid.

The procurement process to be used in this solicitation is composed of at least one phase of bid development. Refer to Section I, E., KEY ACTION DATES to determine which phases and steps are included in this solicitation document.

The Final Bid is a mandatory step for all Bidders; all other steps are optional unless otherwise stated in Section I, E., KEY ACTION DATES. However, all Bidders are strongly encouraged to follow the scheduled steps of this procurement document in order to submit a compliant Final Bid. Costs submitted in any submission other than the Final Bid may preclude the Bidder from continuing in the process.

The use of the Draft Bid submission is encouraged. The use of Detailed (Technical or Conceptual) Bids; however, is dependent upon the level of specification and the State’s desire to discuss possible solutions with the Bidders. The use of one may be desirable if:

• The State can identify the resultant performance criteria but the method of delivery or achievement is optional;

• The State recognizes there may be more than one means of meeting the requirements and wants to evaluate alternatives; and/or

• Competition can only be ensured by the State’s active analysis and participation in bid refinement.

2. Compliance Phase (NOT APPLICABLE)

The Compliance Phase is an iterative, conversational mode of bid and contract development. It requires the State, working together in confidence with each bidder, to assess and discuss the viability and effectiveness of the bidder's proposed methods of meeting the State's needs as reflected in the IFB. It is a departure from the rigid "either accept or reject" philosophy of traditional competitive bidding, yet it is highly competitive in nature. It provides the flexibility needed for the bidder to test a solution prior to formal submittal of the Final Bid, and it facilitates the correction of defects before they become fatal to the bid. The steps may include the submission of a Conceptual Bid and/or a Detailed Technical Bid by the bidder, Confidential Discussions of the bidder's bid(s) and written Discussion Memorandum as to the correction of defects and the State's acceptance of such changes.

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a. Conceptual Bid (NOT APPLICABLE)

The Conceptual Bid may be included for the purpose of allowing each bidder to provide a general concept of a bid with just enough detail to enable the evaluators to determine if the bidder is on the right track toward meeting the functional requirements as stated in the IFB; and if not, where the bidder must change a concept. This step invites the bidder to be as innovative as the IFB requirements allow in eliminating unnecessary constraints.

b. Detailed Technical Bid (NOT APPLICABLE)

The Detailed Technical Bid may be included for the purpose of allowing each bidder to provide a detailed technical description of its bid to determine at an early stage whether the bid is totally responsive to all the requirements of the IFB, and if not, which elements are not responsive and what changes would be necessary and acceptable.

c. Draft Bid (NOT APPLICABLE)

The purpose of the Draft Bid is to provide the State with an "almost final" bid in order to identify any faulty administrative, business, functional and technical aspect of the bid which, if not corrected, could cause the Final Bid to be rejected.

The Draft Bid should correspond to submittals and agreements of the Compliance Phase, if required, and must be complete in every respect as required by the IFB section 8 BID FORMAT, except cost. The inclusion of cost information in the Draft Bid may be a basis for rejecting the bid and notifying the bidder that further participation in the procurement is prohibited.

REVIEW OF THE DRAFT BID BY THE STATE MAY INCLUDE CONFIDENTIAL

DISCUSSIONS WITH INDIVIDUAL BIDDERS AND WILL PROVIDE FEEDBACK TO

THE BIDDER PRIOR TO SUBMITTAL OF THE FINAL BID. Regardless of the inclusion of a confidential discussion, the State will notify the bidder of any defects it has detected in the Draft Bid, or of the fact that it did not detect any such defects.

Such notification is intended to minimize the risk that the Final Bid will be deemed defective; however, THE STATE WILL NOT PROVIDE ANY WARRANTY THAT ALL

DEFECTS HAVE BEEN DETECTED AND THAT SUCH NOTIFICATION WILL NOT

PRECLUDE REJECTION OF THE FINAL BID IF SUCH DEFECTS ARE LATER

FOUND.

The State’s evaluation of Draft Bids is preliminary and the review is cursory. Therefore, Bidders are cautioned to not rely on the State, during these evaluations and reviews, to discover and report to the Bidders all defects and errors in the submitted documents. Before submitting each document, the Bidder should carefully proof it for errors and adherence to the IFB document requirements

3. Evaluation of Draft Bids and Discussion Agenda (NOT APPLICABLE)

The evaluation team will review each draft bid in accordance with the evaluation methodology outlined in the solicitation document for the purpose of identifying areas

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in which the bid is nonresponsive to a requirement, is otherwise defective, or in which additional clarification is required in order that the State may fully understand the ramifications of an action proposed by the Bidder. As a result of this evaluation, the evaluation team will prepare an agenda of items to be discussed with the Bidder, and will normally transmit the agenda to the Bidder at least two (2) working days before the scheduled meeting. The agenda may also include, in addition to the identification of discovered defects, a discussion of the Bidder’s proposed supplier support, implementation plans, validation plans, demonstration plans, and proposed contracts, as appropriate.

4. Confidential Discussion with Each Bidder (NOT APPLICABLE)

In accordance with the discussion agenda, the evaluation team will meet with each Bidder for the purpose of discussing Preliminary Bid(s) in detail. The Bidder may bring to the discussion those persons who may be required to answer questions or commit to changes. As the first order of business, the Bidder may be asked to give a short bid overview presentation. To the maximum extent practical, the Bidder will address the major concerns of the evaluation team, as expressed in the discussion agenda, and should be prepared to answer any questions that may arise as a result of the presentation. The participants will then proceed to discuss each of the agenda items.

The State will not make counter bid to a Bidder’s proposed solution to the solicitation document requirements. The State will only identify its concerns, ask for clarification, and express its reservations if a particular requirement of the bid document is not, in the opinion of the State, appropriately satisfied. The primary purpose of this discussion is to ensure that the Bidder’s Final Bid will be responsive.

Note: In lieu of, or in addition to these Confidential Discussions, Confidential Discussions may be included in the Final Phase. Confidential Discussions will be identified in Section 1.7, KEY ACTION DATES.

5. Revised Draft Bid (NOT APPLICABLE)

If at the conclusion of the Confidential Discussion, the State determines that required and agreed-to changes can only be fully confirmed through the submission of a revised Draft Bid, the State may require the submission of a revised Draft Bid consisting only of those pages which were in doubt or a complete resubmittal.

Similarly, if the Bidder wishes confirmation that the changes the Bidder intends to make are acceptable to the State; the Bidder may request and receive permission, if the time permits, to submit a revised Draft Bid within a reasonable time after the conclusion of the Confidential Discussion. In either event, the State will advise the Bidder as to the acceptability of the revised Draft Bid, or may schedule another discussion period, if in the State’s opinion, such a discussion is desirable.

If the State finds it necessary, the State may call for revised Draft Bid submittals, or portions thereof. The Bidder will be notified of defects discovered in these submittals as well. The State will not provide any warranty that all defects have been detected and that such notification will not preclude rejection of the Final Bid if such defects are later found.

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6. Rejection of Bidder's Draft Bid (NOT APPLICABLE)

If, after full discussion with a bidder, the State is of the opinion that the bidder's bid (Conceptual or Detailed Technical Bid, as the case may be) cannot be restructured or changed in a reasonable time to satisfy the needs of the State, and that further discussion would not likely result in an acceptable bid in a reasonable time, the bidder will be given written notice that the bid has been rejected and that a Final Bid submitted along such lines would be nonresponsive.

7. Final Phase

The purpose of the Final Phase is to obtain bids that are responsive in every respect.

a. Final Bid

The Final Bid must be complete, including all cost information, required signatures, contract language changes agreed to in writing and corrections to those defects noted by the State in its review of the Draft Bid (if any). If required in the solicitation document, cost data (as identified in Section 8, BID AND BID FORMAT must be submitted under separate, sealed cover. Changes that appear in the Final Bid, other than correction of defects, increase the risk that the Final Bid may be found defective.

8. Confidentiality

Bidder material becomes public only after the notice of Intent to Award is released. If material marked “confidential,” “proprietary,” or “trade secret” is requested pursuant to the Public Records Act, the State will make an independent assessment whether it is exempt from disclosure. If the State disagrees with the Bidder, the State will notify the Bidder and give them a reasonable opportunity to justify their position or obtain a court order protecting the material from disclosure.

Bidders should be aware that marking a document “confidential” or “proprietary” in a Final Bid may exclude it from consideration for award and will not keep that document from being released after notice of award as part of the public record, unless a court has ordered the State not to release the document. The content of all working papers and discussions relating to the Bidder’s bid shall be held in confidence indefinitely, unless the public interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement or the evaluation of the Bid.

Any disclosure of confidential information by the Bidder is a basis for rejecting the Bidder’s bid and ruling the Bidder ineligible to further participate. Any disclosure of confidential information by a State employee is a basis for disciplinary action, including dismissal from State employment, as provided by Government Code section 19570 et seq. Total confidentiality is paramount; it cannot be over emphasized.

9. Disposition of Bids All materials submitted in response to this solicitation document will become the

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property of the State of California and will be returned only at the State’s option and at the Bidder’s expense. At a minimum, the Master Copy of the Final Bid shall be retained for official files and will become a public record after the Notification of Intent to Award as specified in Section I, E., KEY ACTION DATES. However, materials the State considers confidential information (such as confidential financial information submitted to show Bidder responsibility) will be returned upon request of the Bidder

D. Submission of Bids

The instructions contained herein apply to the Final Bid. They also apply to the Conceptual Bid, Detailed Technical Bid, and Draft Bid, except as noted.

1. Preparation

Bids are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this IFB. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the solicitation document instructions, responsiveness to the solicitation document requirements, and completeness and clarity of content.

2. Bidder's Cost

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

3. Completion of Bids

Bids must be complete in all respects as required by Section VIII, BID FORMAT. A Final Bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A Final Bid must be rejected if any such defect or irregularity constitutes a material deviation from the solicitation document requirements. The Final Bid must contain all costs as required by Section VII, COST and Section VIII, BID FORMAT. (Draft Bids must contain all information required in the Final Bid except cost.)

4. False or Misleading Statements

Bids which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the State, such 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.

5. Signature of Bid

A cover letter (which shall be considered an integral part of the Final Bid) and Standard Agreement STD 213, or any Bid Form shall be signed by an individual who is authorized to bind the bidding firm contractually. The signature block must indicate the

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title or position that the individual holds in the firm. An unsigned Final Bid may be rejected.

The Draft Bid must also contain the cover letter and STD 213, including the title of the person who will sign, but need not contain the signature

6. Delivery of Bids

Mail or deliver bids to the Procurement Official listed in Section I. If mailed, it is suggested that you use certified or registered mail with return receipt requested as delivery of documents is at the Bidder’s own risk of untimely delivery, lost mail, etc.

Refer to Section VIII, BID FORMAT for complete instructions

7. Withdrawal and Resubmission/Modification of Bids

A Bidder may withdraw its Conceptual Bid, Detailed Technical Bid or Draft Bid at any time by written notification. A Bidder may withdraw its Final Bid at any time prior to the bid submission date and time specified in Section 1.7, KEY ACTION DATES by submitting a written notification of withdrawal signed by an authorized representative of the Bidder in accordance with Subsection 2.4.5 (Signature of Bid). The Bidder may thereafter submit a new or modified bid prior to such bid submission date and time.

Modification offered in any other manner, oral or written, will not be considered. Other than as allowed by law, Final Bids cannot be changed or withdrawn after the date and time designated for receipt, except as provided in the solicitation document.

E. EVALUATION AND SELECTION PROCESS

1. General

Bids will be evaluated according to the procedures contained in the IFB section IX EVALUATION. Special instructions and procedures apply to Conceptual Bids, Detailed Technical Bids, and Draft Bids.

2. Evaluation Questions

During the evaluation and selection process, the State may desire the presence of a bidder's representative for answering specific questions, orally and/or in writing.

During the evaluation of Final Bids, the State may ask the bidder to clarify their submitted information but will not allow the bidder to change their bid.

3. Rejection of Bid

The State may reject any or all bids and may waive any immaterial deviation or defect in a bid. The State’s waiver of any immaterial deviation or defect shall in no way modify the bid document or excuse the Bidder from full compliance with the bid document specifications if awarded the contract

4. Errors in Final Bid

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An error in the Final Bid may cause the rejection of that bid; however, the State may at its sole option retain the bid and make certain corrections.

In determining if a correction will be made, the State will consider the conformance of the bid to the format and content required by the solicitation document, and any unusual complexity of the format and content required by the solicitation document.

1) If the Bidder’s intent is clearly established based on review of the complete Final

Bid submittal, the State may at its sole option correct an error based on that established intent.

2) The State may at its sole option correct obvious clerical errors.

3) The State may at its sole option correct discrepancy and arithmetic errors on the basis that if intent is not clearly established by the complete bid submittal the Master Copy shall have priority over additional copies, the bid narrative shall have priority over the contract, the contract shall have priority over the cost sheets, and within each of these, the lowest level of detail will prevail. If necessary, the extensions and summary will be recomputed accordingly, even if the lowest level of detail is obviously misstated. The total price of unit-price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible, uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the total price by the quantity of the item.

4) The State may at its sole option correct errors of omission, and in the following two (2) situations, the State will take the indicated actions if the Bidder’s intent is not clearly established by the complete bid submittal.

(a) If an item is described in the narrative and omitted from the contract and cost data provided in the bid for evaluation purposes, it will be interpreted to mean that the item will be provided by the Bidder at no cost.

(b) If an item is not mentioned at all in the Final Bid, the bid will be interpreted to mean that the item will be provided at…