IFB_15-2044653_COMPUTER_ROOM_CLEANING_SERVICES_Addendum_1.pdf

STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor

CALIFORNIA DEPARTMENT OF TECHNOLOGY

Procurement and Contract Services Branch P.O. Box 1810 MS Y-18 Rancho Cordova, CA 95741-1810

(916) 431-5089 Office

(916) 463-9908 Fax

INVITATION FOR BID

Notice to Prospective Bidders

COMPUTER ROOM CLEANING SERVICES

IFB # 15-2044653 ADDENDUM 1

January 28, 2016

You are invited to review and respond to this Invitation for Bid (IFB), entitled “IFB #15-2044653 Computer Room Cleaning Services.” The Agreement term will be for two (2) years with the option to renew for two

(2) individual one (1) year extensions. In submitting your bid, you must comply with all instructions contained herein. The submission due date for bids is 5:00PM PST, February 26, 2016.

There is a mandatory walk through at 11:00AM PST on February 10, 2016. Prospective vendors must contact Darren Wilder at Darren.Wilder@state.ca.gov by 3:00PM PST on February 9, 2016 to confirm your attendance at the mandatory walk through. No bidder will be admitted after the walk through has begun, and all bidders must stay for the entire walk through. All bidders present must sign the Bidder Sign-In Sheet to verify inspection of the site; failure to do so will be cause for bid rejection.

Note that all agreements entered into with the State of California will include by reference the State’s General terms and Conditions (GTC 610) which may be viewed and downloaded at the Internet site http://www.documents.dgs.ca.gov/ols/GTC-610.doc. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

Please note that for the purposes of this bid, the Disabled Veteran Business Enterprises (DVBE) program requirement has been waived.

All questions must be submitted in writing and directed to:

Darren Wilder California Department of Technology

(916) 431-5089 Darren.Wilder@state.ca.gov

Please note that no verbal information given will be binding upon the California Department of Technology unless such information is issued in writing as an official addendum.

Darren Wilder Procurement Analyst mailto:Richard.Flores@state.ca.gov http://www.documents.dgs.ca.gov/ols/GTC-610.doc mailto:nina.westphal@state.ca.gov

California Department of Technology IFB 15-2044653 Addendum 1 Computer Room Sub-Floor Cleaning Services

Table of Contents Page

A) Purpose and Description of Service

B) Bidder Minimum Qualifications

C) Bid Requirements and Information

1) Key Action Dates

2) Mandatory Walk Through

3) Reasonable Accommodations………………………………………………………………..4

4) Submission of Bid

5) Public Bid Opening……………………………………………………………………………..6

6) Pre-Employment Criminal Background Investigation Policy

7) Questions and Clarification……………………………………………………………………6

8) Evaluation and Selection

9) Award and Protest

10) Disposition of Bid

11) Agreement Execution and Performance

D) Preference Program………………………………………………………………………………..8

1) DVBE Incentive

2) Small Business Preference……………………………………………………………………8

3) Small Business Non-Profit Veteran Service Agency (SB/NVSA)………………………...8

4) Small Business Certification………………………………………………………………

5) TACPA Preference………………………………….………………………………….…

E) Required Attachments…………………………………………………………………………

1) Attachment 1, Required Attachment Check List

2) Attachment 2, Bid/Bidder Certification Sheet

3) Attachment 3, Pre-Employment Criminal Background Investigation

Policy Certification

4) Attachment 4, Bidder References

5) Attachment 5, Workers’ Compensation Certificate

6) Attachment 6, Payee Data Record (STD 204)

7) Attachment 7, Contractor’s Certification Clauses (CCC 307)

8) Attachment 8, Security and Confidentiality Statement

9) Attachment 9, Darfur Contracting Act

10) Attachment 10, Bidder Declaration Form

11) Attachment 11, Small Business/ Disabled Veteran-Owned Business Enterprise

Certification Form………………………………………………………

12) Attachment 12, Commercially Useful Function (CUF) Verification Form……………...27

F) Sample Standard Agreement

1) STD 213

2) Exhibit A, Scope of Work

3) Exhibit B, Budget Detail and Payment Provisions

4) Exhibit B-1, Cost Worksheet

5) Exhibit C, General Terms and Conditions

A. Purpose and Description of Service

The purpose of this Invitation for Bid (hereinafter called the “IFB”) is to solicit bids from qualified bidders to provide the California Department of Technology (hereinafter called the “CDT”) with annual computer room cleaning services, including but not limited to floor tile panels (top & bottom), floor pedestals, floor tile support stringers, tops of cable trays, and tops of equipment cabinets. The approximate size of the computer room is 43,000 square feet.

B. Bidder Minimum Qualifications

The following are the minimum qualifications for any Bidder to be considered as an eligible candidate to submit a Bid for the requested services described in this IFB:

1) Bidder must have a minimum of five (5) years company experience in Data Center Specialized

Cleaning Services.

2) Bidder’s Project Management personnel assigned to this contract; must each have a minimum of five (5) years personal/individual experience in management of Large Scale Data Center Specialized Cleaning Services.

3) Bidder must have a minimum of five (5) customers having utilized their Data Center

Specialized Cleaning Services, in similar sized facilities, within the last year. One (1) of these customers must be a government entity.

4) Bidder’s system/method of Data Center Specialized Cleaning Services must be an industry leading system/method that has been proven on the public and government markets for a minimum of five (5) years.

C. Bid Requirements and Information

1) Key Action Dates Below is the tentative time schedule for this service:

Event Date Time IFB available to prospective bidders 1/27/2016 Mandatory Walk Through 2/10/2016 11:00 a.m.

Final Written Questions Submittal 2/16/2016 5:00 pm Response to Questions 2/19/2016 Final Date for Bid Submission 2/26/2016 5:00 p.m.

Bid Opening 2/29/2016 10:00 a.m.

Notice of Intent to Award 3/4/2016 Last Day to Protest 3/18/2016 5:00pm Proposed Start Date of Agreement 4/1/2016

2) Mandatory Walk Through

a) Bidders are required to examine the work site and specifications at the California Department of Technology, Gold Camp Facility, located at 3101 Gold Camp Drive, Rancho Cordova, CA 95670 on Wednesday, February 10, 2016, at 11:00 AM PST. The CDT is a secured facility; therefore the contractor must contact the person identified in the cover letter of this IFB by 3:00 PM PST on Tuesday February 9, 2016 to provide the names of those who will be in attendance. No bidder will be admitted after the walk through has begun, and all bidders must stay for the entire walk through. All bidders present must sign the Bidder Sign-In Sheet to verify inspection of the site; failure to do so will be cause for bid rejection.

b) In the event a potential prime contractor is unable to attend the mandatory walk through, an authorized representative may attend in their behalf. No bid will be accepted unless the bidder or his authorized representative was in attendance.

c) Specific questions during the walk-through should be limited to the work site. Actual questions regarding the Scope of Work and/or Terms and Conditions of the IFB should be directed in writing to the contact person identified in the cover letter of this IFB.

3) Reasonable Accommodations

For contractors who need assistance due to a physical impairment, a reasonable accommodation will be provided by the awarding agency upon request for the Mandatory Walk Through. The Contractor must call the contract person named on the front page of the IFB no later than the fifth working day prior to the scheduled date and time of the Mandatory Walk Through to arrange for a reasonable accommodation.

4) Submission of Bid

a) All bids must be submitted under sealed cover and sent to the Department of Technology by the dates and time shown in Section C.1, Key Action Dates. The envelopes must be plainly marked with the IFB number and title, must show the Bidder’s firm’s name and address, and must be marked with "DO NOT OPEN,” as shown in the following example:

CALIFORNIA DEPARTMENT OF TECHNOLOGY

MAIL STOP Y-18

P.O. BOX 1810

Rancho Cordova, CA 95741 Attn: Darren Wilder

“DO NOT OPEN”

IFB 15-2044653

COMPUTER ROOM CLEANING SERVICES

b) All bids must be received at the CDT by the date and time specified in Section C, 1) Key

Action Dates. Any bid received after the scheduled time will not be considered and the bidder will be notified through the mail.

c) One (1) original and three (3) copies of the bid must be submitted.

d) All bids shall include the documents identified in Attachment 1, Required Attachment

Check List. Bids not including the proper “required attachments” shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

e) All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

f) Altered, faxed, incomplete, or late bids will not be accepted. Mail or deliver bids to the following address:

U.S Postal Service Deliveries

Procurement and Contract Services Branch Attention: Darren Wilder P. O. Box 1810 MS Y-18 Rancho Cordova, CA 95741-1810

Hand Deliveries, FedEx, UPS, etc.

Procurement and Contract Services Branch Attention: Darren Wilder 10860 Gold Center Drive, Security Desk, Suite 200 Rancho Cordova, CA 95670

NOTE: For all hand deliveries, delivery of the bid package is at the security desk, located on the 2nd floor. Please inform the security desk that you are dropping off a bid package.

f) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

g) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. Nonprofit organizations as defined in GC 19134 may alter the bid form as needed. The CDT may reject any or all bids and may waive any immaterial deviation in a bid. The CDT’s waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

h) Cost for developing bids and in anticipation of award of the Agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

i) An individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet, Section D, Required Attachments, Attachment 2. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

j) A Bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

k) A bidder may withdraw its bid prior to the bid submission deadline by submitting a written withdrawal request to CDT, signed by the bidder or an agent authorized in accordance with i) above. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to the bid submission deadline.

l) The CDT 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.

m) The CDT reserves the right to reject any and all bids for reasonable cause. The CDT is not required to award an agreement.

n) Before submitting a response to this solicitation, bidders should review, correct all known errors and confirm compliance with the IFB compliance.

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

5) Public Bid Opening

a) If you are planning to attend the public bid opening, you must notify the contact person listed in the cover letter of this IFB five (5) working days before the bid opening date specified in Section C.1 – Key Action Dates. If you and/or your representative require reasonable accommodation to participate in the Public Bid Opening, you must contact the contract analyst identified in this package and identify what reasonable accommodation(s) is required for you to participate.

b) At the time of the public bid opening, the dollar amount of each bid shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE Mandatory participation requirements, if applicable.

6) Pre-Employment Criminal Background Investigation Policy

a) The California CDT recognizes the need for hiring practices that will ensure the greatest degree of security for data center operations and the data maintained within the Agency.

Under the authority of Government Code 11546.6, a criminal background check utilizing California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) records must be conducted by the vendor on prospective contractors, subcontractors, volunteers, or vendors. All fingerprints shall be taken digitally using Live Scan technology and transmitted electronically to the DOJ. All costs associated with the fingerprinting processing is the responsibility of the prospective vendor.

b) Vendor must certify compliance by submitting a signed Attachment 3, Pre-Employment Criminal Background Investigation Policy Certification that prospective contractors, subcontractors, and volunteers have completed and passed the background check.

Failure to provide the certification will result in disqualification for employment or contract termination.

7) Questions and Clarification

a) Every attempt has been made to produce complete specifications for this service. Should the Bidder discover any ambiguity, conflict, omission or other error in the IFB, or have any questions concerning interpretation or clarification, the Bidder shall immediately notify the CDT of such in writing and request clarification or modification of the document. All questions or concerns regarding this IFB must be sent in writing to Darren Wilder, CDT P.O. Box 1810, Rancho Cordova, CA 95741-1810 or by email to Darren.Wilder@state.ca.gov on or before the date indicated in Section C.1, Key Action Dates. Include the Bidder’s name, the business name, phone number, and the IFB name and number.

b) All questions will be answered in writing and sent to all prospective bidders by electronic mail. The electronic mail will state each question, but not the source of the question, along with the CDT’s response. Only written responses shall be considered binding. Bidders mailto:nina.westphal@state.ca.gov should rely on written, rather than verbal, responses from the CDT. The CDT reserves the right to cancel or modify this IFB, in whole or in part.

c) An error in the Final Bid may cause the rejection of that bid; however, the CDT may at its sole option retain the bid and make certain immaterial corrections, including obvious clerical errors.

8) Evaluation and Selection

a) 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.

b) The CDT will put each bid through a process of evaluation to determine its responsiveness to the CDT's needs.

c) Bids that 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 CDT, such information was intended to mislead CDT 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.

d) The final selection will be made on the basis of the lowest responsive and responsible bid.

In the event there are tie bids, each bidder will be contacted by CDT Contract Administrator regarding a date and time for a flip of a coin. The Bidder whose bid was received first will make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin.

9) Award and Protest

a) Whenever an Agreement is awarded under a procedure which provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be notified by electronic mail, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the Agreement.

b) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the Agreement.

c) If any Bidder, prior to the award of Agreement, files a protest with the awarding agency on the grounds that the (protesting) bidder is the lowest responsible bidder, the Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services (DGS) has decided the matter.

d) Within five (5) days after filing the initial protest, the protesting bidder shall file with DGS and the CDT a full and complete written statement specifying the grounds for the protest, including the IFB number, and the name of the state agency involved and the agency on-site contact person. Protestants should include their fax number if they have one. The written protest may be sent by regular mail, fax, courier, or personal delivery to both of the following:

• Department of General Services Office of Legal Services

Attention: Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, California 95605 Fax Number: (916) 376-5088

• California Department of Technology Procurement and Contracts Service Unit Y-18 Attention: Marlon Paulo P. O. Box 1810 Rancho Cordova, California 95741-1810 Fax Number: (916) 463-9908

10) Disposition of Bids

Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.).

11) Agreement Execution and Performance

a) Service shall be available on the express date set by the awarding agency and Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the CDT, upon five (5) days written notice to Contractor, reserves the right to terminate the Agreement. In addition, Contractor shall be liable to CDT for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another Contractor.

b) All performance under the Agreement shall be completed on or before the termination date of the Agreement.

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

D. Preference Program

1) DVBE Incentive

In accordance with Section 999.5 (a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State.

Confirmed DVBE Participation of:

DVBE

Incentive:

5% or Over 5% 4% to 4.99% 4% 3% to 3.99% 3%

2) Small Business Preference

a) Current law encourages state departments to first consider a Small Business Enterprise

(Small)/ Microbusiness Enterprise (Micro) for contracting opportunities. The CDT is committed to supporting Small/Micro business participation in state contracting and seeks to use certified Small/Micro businesses whenever possible.

b) A Small/Micro business enterprise is defined as a business certified by the Department of

General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

• The principal office is located in California

• The officers are domiciled in California

• The business is independently owned and operated

• The business, with any affiliates, is not dominant in its field of operation; and

• For Small Business, either:

1. The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $12,000,000 or less over the previous three years, or

2. The business is a manufacturer with 100 or fewer employees

• For Micro Business, either:

1. The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $2,750,000 or less over the previous three years, or

2. The business is a manufacturer with 25 or fewer employees

c) Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who qualify as a Small/Micro business enterprise.

The rules and regulations of this law are contained in Title 2, California Code of Regulations Section 1896, et seq. A copy of the regulation is available upon request.

d) To claim the Small/Micro business preference, which may not exceed $50,000 for any bid, your firm must have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by 5:00 p.m. on the date bids are due, and receipt verified by such office. Therefore, if you are a Small/Micro business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at www.pd.dgs.ca.gov/smbus/getcertified.htm.

3) Small Business Non-profit Veteran Service Agency (SB/NVSA)

a) Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service

Agencies (NVSAs) claiming Small/Micro business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro business.

b) In granting Small/Micro business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

http://www.pd.dgs.ca.gov/smbus/getcertified.htm

c) To be eligible for the NVSA Small/Micro business preference, the business must request preference at the time of bid submission, and have a completed application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

d) A SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a)(3).

4) Small Business Certification

a) Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

b) Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due.

Questions regarding certification should be directed to the OSDS at (916) 375-4940.

5) TACPA Preference

The following preference will be granted for this procurement. Bidders wishing to take advantage of this preference will need to review the following websites and submit the appropriate response with the bid:

• Target Area Contract Preference Act (TACPA) http://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf

Bidders wishing to take advantage of these preferences are required to submit the following applications/forms:

• TACPA (Std. 830)

• Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 525)

• Manufacturer Summary of Contract Activities and Labor Hours

• (DGS/PD 526).

E. Required Attachments

In order to be considered responsive, the bid must be complete. The Bidder must return all required attachments listed on Attachment 1, “Required Attachment Checklist.”

http://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf

ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

A complete bid or bid package will consist of the items identified below.

Complete this check list to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the CDT. For your bid to be responsive, all attachments must be returned. This checklist should be returned with your bid package. Failure to return all required forms may cause your bid to be rejected.

Attachment 1

Required Attachment Check List

Attachment 2

Bid/Bidder Certification Sheet

Attachment 3

Pre-Employment Criminal Background Investigation Policy

Attachment 4

Bidder References

Attachment 5

Workers’ Compensation Certification

Attachment 6

Payee Data Record (STD 204)

Attachment 7

Contractor’s Certification Clauses (CCC 307)

Attachment 8

Security and Confidentiality Statement

Attachment 9

Darfur Contracting Act

Attachment 10

Bidder Declaration Form

Attachment 11

Small Business/ Disabled Veteran-Owned Business Enterprise Certification Form

Attachment 12

Commercially Useful Function (CUF) Verification Form

Copy of Business License

Verification of Minimum Bidder Qualification Requirement

Cleaning Supplies & Equipment List

Exhibit B – 1 Cost Worksheet

ATTACHMENT 2

(Page 1 of 2)

BID/BIDDER CERTIFICATION SHEET

(Refer to the instructions on the next page.)

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

A. Our all-inclusive bid is submitted as detailed in Attachment 4, Cost 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. Fax Number

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 and DVBE Services (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 OSBCR, if an application is pending:

ATTACHMENT 2

(Page 2 of 2)

COMPLETION INSTRUCTIONS FOR BID/BIDDER CERTIFICATION SHEET

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item Number 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 (1) 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 (2) 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 (2) 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.

7 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, 13 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 (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

ATTACHMENT 3

(Page 1 of 4)

PRE-EMPLOYMENT CRIMINAL BACKGROUND INVESTIGATION POLICY

To prepare for your Criminal Background Check please follow the instructions listed below:

1. Upon Award of the contract, the Acquisition Specialist will email the Contractor to obtain the list of name(s) of employee(s) to be fingerprinted.

2. The Acquisition Specialist will email the Contract Number, Contractor name, Name of individual(s) who will be fingerprinted and term dates of contract to Human Resources (HR) staff.

3. HR staff will be responsible for providing all the necessary form(s) and information to the Contractor employee(s) in order to complete the fingerprint process.

4. Once the Contractor staff(s) has been cleared, HR staff will notify the Acquisition Specialist and then the Acquisition Specialist will notify the Contractor that services can begin.

5. If the individual does not clear, the Contractor must provide a substitute of equal or better qualifications for the same rate as proposed in Cost Worksheet to go through the fingerprint process. HR staff will provide a response to the Contractor staff member that the requirements have not been met and will provide them with the record response received based on their fingerprint submission.

Note:

Confidentiality is strictly enforced. HR will not provide any details pertaining to background results to the Acquisition Specialist or Contractor, pursuant to DOJ requirements:

“Applicant agencies must not divulge or share criminal record history information, including responses that no criminal record history exists unless expressly authorized.

Information received must be kept in a secure and confidential file with access restricted to a designated Records Custodian and/or person responsible for confirming the character and fitness of an applicant. Release of information to unauthorized individuals can result in civil fines and criminal penalties under California Penal Code sections 11142 and 11143.

Applicant agencies must destroy criminal history record information once the organization's business need is fulfilled.”

6. It is the responsibility of the Contractor to notify the Acquisition Specialist when one of the previously fingerprinted staff no longer works on any project for the Department so all information received by the DOJ is destroyed.

(Page 2 of 4)

Background Checks FAQs (from Department of Technology) General - Frequently Asked Questions from applicants:

QUESTIONS ANSWERS

1. Who is required to go through background/fingerprinting?

Clarification: Contractors, does it include sales/executive staff involved with the contract or just technical staff that have access to electronic information?

Technical Staff that have electronic access to confidential or sensitive information. Any Person having access to any area identified on the ORG chart with BC.

2. Contractor submits Live Scan form to HR: what happens next?

HR will notify Acquisition Specialist whether clearance is met or to provide another individual to be fingerprinted. HR will notify the Vendor Employee if clearance is not met and will provide them with their Criminal Offender Record Information (CORI) copy of their record from the Department of Justice.

3. Who gets notified of pass/fail? If the contractor fails, who is responsible for notifying the vendor and Acquisition Specialist?

HR gets notified 1st of results from DOJ, then HR will provide pass or fail only, to the Acquisition Specialist.

4. How does HR know which contractor belongs to which contract since the form does not identify vendor, contract#, Acquisition Specialist & etc.?

The portion of the Live Scan Form titled: Your Number / OCA Number will be our identifying number for tracking purposes = Contractor Name / Contract Number.

5. How should Procurement document that contractors passed background checks? It is a requirement for the solicitation, but how do we prove each contractor/subcontractor passed?

File the e-mail from HR that the clearances have been met in the contract file.

6. What if contractor/subcontractor is out of state or a non-US Citizen?

Fingerprint Cards can be sent to the Vendor to be completed at their local Sheriff’s Department. Lori D’Agostini can handle this portion.

7. How long does this process take? The DOJ has 10 to 30 days to respond. Occasionally there is a delay with the FBI. HR will treat these Fingerprint Requests as Priority Consideration.

8. Is Rancho Cordova Police Department/Sheriff Department the only location to send contractors to for Live Scan? What if contractors are unable to get to Rancho Cordova?

There are 3 sites in the Sacramento area where the Live Scan fees are paid for by Department of Technology. Other Public Live Scan Sites can also be used, but will be at the CONTRACTOR’S EXPENSE and not paid by the Department of Technology. The Attorney General’s website provides a list of Public Live Scan Sites located:

http://ag.ca.gov/fingerprints/publications/contact.php http://ag.ca.gov/fingerprints/publications/contact.php

(Page 3 of 4)

Background Checks FAQs (from Department of Justice) General - Frequently Asked Questions from applicants:

1. May I request copies of records concerning any individual pursuant to the California Public Records Act

(Government Code section 6250)?

Criminal History Records are not subject to disclosure under the Public Records Act. In California, state and local summary criminal history information is confidential and access is strictly regulated by statute. Penal Code section 11105 expressly authorizes the DOJ to disclose state summary criminal history information to law enforcement agencies for law enforcement purposes only, to certain employers or regulatory agencies, or to the person who is the subject of the record.

Individuals have the right to request a copy of their own criminal history record from the DOJ to review for accuracy and completeness. For more information, please click on the Request Your Own Criminal Record tab on the left side of the Attorney General’s webpage http://ag.ca.gov/fingerprints/index.php

2. Can I obtain a copy of my Superior Court Record?

The DOJ does not maintain or provide certified copies of California Local and/or Superior Court Records and as such, does not provide these source documents. To obtain a transcript, you will need to contact the court with jurisdiction over your particular case(s) for certified documents.

3. How long will an offense I committed stay on my record?

The DOJ is required by law to record summary arrest, detention, disposition, and personal identification information when submitted by a law enforcement agency or court of this state. The record retention policy of the Department is to maintain criminal history information until the subject reaches 100 years of age.

4. What if I have the appropriate documentation to modify or remove information on my record?

Arrest and court disposition information can only be modified or deleted by court order or at the direction of the arresting agency/district attorney having jurisdiction over the criminal matter.

Once you have obtained a court order, to process an update of your criminal history record, you must first obtain a copy of your criminal history record. For more information, please click on the Request Your Own Criminal Record tab on the Attorney Generals website: http://ag.ca.gov/fingerprints/index.php

5. What if I submitted fingerprints and have not received a response?

Please allow a minimum of thirty days before making a status inquiry. Applicants should check first with the applicant agency that requested the background review since the DOJ sends results directly to the applicant agency. Poor quality fingerprints, records that contain criminal information, erroneous information submitted on the fingerprint transaction, and individuals born before 1920 who have submitted manual fingerprints in the past may delay the reporting of results.

ATTACHMENT 3

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Since the DOJ normally responds to the applicant agency, please check with the agency first. If a requesting agency does not have results yet and digital Live Scan fingerprints were submitted, you can use the automated telephone system to check on your submission. You will need the following information: (1) your date of birth; and (2) the 10-digit Automated Transaction Identifier (ATI) number that appears at the bottom of the Department of Justice form requesting Live Scan fingerprint background checks. The ATI number always appears in the following sequence: 1 LETTER; 3 NUMBERS; 3 LETTERS and 3

NUMBERS.

6. Can my request be expedited for an additional charge?

No. Unfortunately, the DOJ does not offer an expedited process.

7. I obtained an expungement pursuant to Penal Code section 1203.4 for an offense, why is it still on my record?

Section 1203.4 does not obliterate the fact that a defendant has been “finally adjudged guilty of a crime.” It merely frees the convicted felon from certain “penalties and disabilities” of a criminal or like nature.

8. My employer is asking for a copy of my criminal history record? May I give it to them?

No. California Penal Code section 11142 prohibits you from giving a copy of your criminal record to an unauthorized third party. In addition, California Penal Code section 11125 prohibits an individual or agency from requiring you to provide him/her or the agency with a copy of your criminal record or proof that a record does or does not exist. Violation of either of these sections is a misdemeanor offense.

9. What if the information on my record is incorrect?

If you think the information contained within your criminal history record is incorrect, you may submit a formal challenge to the DOJ only after you have received a copy of your record from the Department pursuant to California Penal Code sections 11120 - 11127. For more information, please click on the Request Your Own Criminal Record tab on the left side of the Attorney General’s webpage http://ag.ca.gov/fingerprints/index.php

Bureau of Criminal Identification and Information (BCII) form 8706, “Claim of Inaccuracy or Incompleteness” will be mailed to you along with your record. Submit form 8706 and any supporting documentation to the Department of Justice at the address provided on the form. The challenge will be reviewed and a written response will be provided along with an amended copy of your criminal history record, if appropriate.

http://ag.ca.gov/fingerprints/faq.php%23%23 http://ag.ca.gov/fingerprints/faq.php%23%23 http://ag.ca.gov/fingerprints/faq.php%23%23 http://ag.ca.gov/fingerprints/faq.php%23%23 http://ag.ca.gov/fingerprints/index.php

ATTACHMENT 4

(Page 1 of 2)

BIDDER REFERENCES

Submission of this attachment is mandatory. References must be previous customers; CDT may not be used as a reference.

Bidder must provide three (3) reference organizations for which Bidder has provided solutions of similar scope and nature. At least one (1) of the references must be from government entities.

References shall include contact name, title, telephone number, email address, and description of project.

It is the Bidder’s sole responsibility to ensure that the reference organization’s name, location/address, point of contact’s name, title, phone number, and email address, for each identified reference organization is current, complete, and accurate.

For purposes of this solicitation the CDT may not be used as a reference or experience.

The CDT may disqualify a Bidder if:

A. References fail to substantiate Bidder’s description of support services provided; or

B. References fail to support that Bidder has a continuing pattern of providing capable, productive, and skilled personnel, or

C. The CDT is unable to reach the point of contact with reasonable effort. It is the Bidder’s responsibility to inform the point of contact of normal State working hours.

ATTACHMENT 4

(Page 2 of 2)

REFERENCE 1

Name of Firm

Street Address City State Zip Code Contact Person Phone E-mail Dates of Service Value/Cost of Service $

Company Reference Individual Reference Name of Individual:

Brief Description of Service Provided:

REFERENCE 2

Street Address City State Zip Code Contact Person Phone E-mail

REFERENCE 3

Street Address City State Zip Code Contact Person Phone E-mail

ATTACHMENT 5

WORKERS’ COMPENSATION CERTIFICATION

The undersigned in submitting this document hereby certifies the following:

I am aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this Agreement.

Signature Date

Name and Title (Print or Type) Street Address

Firm Name City, State ZIP

ATTACHMENT 6

PAYEE DATA RECORD, STD 204

The Contractor is required to submit a Payee Data Record, STD 204. Refer to the following link for more details.

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

ATTACHMENT 7

CONTRACTOR CERTIFICATION CLAUSES (CCC 307)

All Contractors must complete the Contractor Certification Clauses (CCC 307) and include it with the response. Refer to the following link:

http://www.documents.dgs.ca.gov/ols/CCC-307.doc http://www.documents.dgs.ca.gov/ols/CCC-307.doc

ATTACHMENT 8

State of California

SECURITY AND CONFIDENTIALITY STATEMENT

FOR VENDORS/CONSULTANTS

As an authorized representative and / or corporate officer of the company named below, I agree that all persons employed by this company will adhere to the following policy:

All information belonging to The California Department of Technology or its affiliated agencies is considered sensitive and / or confidential and cannot be disclosed to any person or entity that is not directly approved to participate in the work required to execute this Agreement.

I certify that I will keep all project information, including information concerning the planning, processes, development or procedures of the Project, confidential and secure. I will not copy, give or otherwise disclose such information to any other person unless the Department of Technology has on file a Security and Confidentiality Statement signed by the other persons, and the disclosure is authorized and necessary for the Project. I understand that the information to be kept confidential includes, but is not limited to, specifications, administrative requirements, terms and conditions, concepts and discussions, as well as written and electronic materials. I further understand that if I leave this project before it ends, I must still keep all project information confidential. I agree to follow any instructions provided by the Project relating to the confidentiality of project information.

I fully understand that any unauthorized disclosure I make may be basis for civil or criminal penalties and / or disciplinary action (for state employees). I agree to advise the contract manager immediately in the event of an unauthorized disclosure, inappropriate access, misuse, theft or loss of data.

All materials provided for this Project, except where explicitly stated will be promptly returned or destroyed, as instructed by an authorized Department of Technology representative. If the materials are destroyed and not returned, a letter attesting to their complete destruction which documents the destruction procedures must be sent to the contract manager at the Agency before payment can be made for services rendered. In addition, all copies or derivations, including any working or archival backups of the information, will be physically and / or electronically destroyed within five (5) calendar days immediately following either the end of the contract period or the final payment, as determined by the Agency.

All personnel assigned to this project shall be provided a Security and Confidentiality Statement and will be expected to sign and return it to the representative listed below before beginning work on this project.

REPRESENTATIVE NAME TITLE PHONE NUMBER

COMPANY NAME

STREET ADDRESS

CITY STATE ZIP CODE

SIGNATURE DATE

ATTACHMENT 9

DARFUR CONTRACTING ACT

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 complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):

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

OR

2. We are a scrutinized company as defined in Public Contract Code section Initials 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.

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

+ certification certify that we are not a scrutinized company below as defined in Public below Contract Code section 10476.

CERTIFICATION For # 3.

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 in # 3. 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 OR #2 INITIALED OR PARAGRAPH

#3 INITIALED AND CERTIFIED.

ATTACHMENT 10

BIDDER DECLARATION FORM

All Contractors must complete the Bidder Declaration GSPD-05-105 and include it with the response. Refer to the following link:

http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf

ATTACHMENT 11

SMALL BUSINESS/DISABLED VETERAN-OWNED BUSINESS ENTERPRISE

CERTIFICATION FORM

SMALL BUSINESS AND MICROBUSINESS CERTIFICATION - Section 14835 of the California Government Code allows a five (5) percent preference for bidders who are certified as a small business or microbusiness. In order to be eligible for the five (5) percent preference, your firm must be certified by the California Department of General Services, Office of Small and DVBE Certification (OSDC), and a copy of the OSDC certification letter must accompany your bid package. If your firm is eligible for certification based on the criteria outlined in Section 14835 of the California Government Code and you are not yet certified by OSDC, your application for certification must be received and on file with OSDC by 5:00 p.m. on the date identified as the bid opening in order to qualify for the five (5) percent preference.

This will ensure the OSDC certification process is expedited on your behalf to ensure your firm is certified prior to the contract award.

Additional information on the State of California, Small Business and/or Disabled Veteran Business Enterprise Certification Programs, may be obtained by contacting the Department of General Services, Office of Small Business and DVBE Certification at (916) 375-4940; facsimile at (916) 375-4950, or on-line at website www.pd.dgs.ca.gov/smbus CERTIFICATION OF

BUSINESS:

Small Business (A copy of OSDC certification letter must accompany bid.)

Micro-Business (A copy of OSDC certification letter must accompany bid.)

Disabled Veteran-Owned Business Enterprise (A copy of OSDC certification letter must accompany bid.)

Small Business (Certification application on file at OSDC.)

Large Business

The undersigned declares under penalty of perjury that the information set forth is true and correct.

Signature Name of Company

Printed Name and Title Telephone Number

076-93A (Rev. 07/02) http://www.pd.dgs.ca.gov/smbus

ATTA…