IFB__16-002_Forensic_Handwriting_Analysis_Services.pdf

ALEX PADILLA | SECRETARY OF STATE | STATE OF CALIFORNIA

MANAGEMENT SERVICES | CONTRACT SERVICES

1500 11th Street, Room 460 | Sacramento, CA 95814 | Tel 916.653.5974 | Fax 916.653.8324 | www.sos.ca.gov

INVITATION FOR BID

Notice to Prospective Bidders

IFB #16-002

Forensic Handwriting Analysis Services

April 22, 2016

You are invited to review and respond to this Invitation for Bid (IFB), entitled 16-002 Forensic Handwriting Analysis Services. In submitting your bid, you must comply with these instructions.

THIS SOLICITATION REQUIRES ALL BIDDERS MEET THE MINIMUM DISABLED

VETERANS BUSINESS ENTERPRISE (DVBE) 3% PARTICIPATION GOAL FOR

THIS SOLICITATION. HOWEVER, THIS SOLICITATION EXCLUDES THE DVBE

INCENTIVE AND ADJUSTMENTS WILL NOT BE APPLIED TO BIDS WITH MORE

THAN 3% DVBE PARTICIPATION.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (610) and Contractor Certification Clauses

(307) that may be viewed and downloaded at Internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of Secretary of State, this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact for this IFB is:

Contract Services Secretary of State

(916) 653-5974 ContractServices@sos.ca.gov

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

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx mailto:ContractServices@sos.ca.gov

Table of Contents Section Page

A) Purpose and Description of Services

B) References

C) Bidder Minimum Qualifications

D) Bid Requirements and Information

1) Key Action Dates

2) Submission of Bid

3) Evaluation and Selection

4) Award and Protest

5) Disposition of Bids

6) Agreement Execution and Performance

E) Preference Programs

1) Small Business Preference

F) Required Attachments

1) Required Attachment Checklist

2) Bid/Bidder Certification Sheet

3) Cost Sheet

4) California Disabled Veteran Business Enterprise (DVBE)

Program Requirement

5) Darfur Contracting Act Certification (if applicable)

6) Bidder References

7) Resume

8) American Board of Forensic Document Examiner Certification

9) Payee Data Record (STD 204) ........................................................... **

10) Contractor's Certification Clauses (CCC- 307) (page 1) ...................... **

G) Sample Standard Agreement (STD 213)

** These documents are not required with the bid package but are required upon award of the contract. The Payee Data Record (STD 204) can be found at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

The Contractor's Certification Clauses (CCC-307) can be found at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

A) Purpose and Description of Services

The Election Division’s Voter Fraud Investigations Unit investigates forged or fictitious voter registrations, petitions and other election documents. When ordinary efforts are insufficient to conclusively identify the true writer of a forged document, and there is adequate available known writing by the suspect, the questioned document is referred to a Forensic Handwriting Analyst for review.

Contractor agrees to provide to the Secretary of State (SOS) forensic handwriting analysis services for the SOS Election Division’s Voter Fraud Investigations Unit.

Contractor shall identify suspected writers of forged documents discovered through criminal investigations of election code violations. Contractor will analyze forged or fictitious election documents and determine whether suspects under investigation are the true writers. Contractor will analyze the questioned writing using the following generally accepted standards:

Line quality Letter Proportions

Speed/Pressure (Vigor) Character Relationships Artistic Quality/Skill Base Line Adherence Rhythm/Movement Connections/Disconnections Shading Breaks Fluidity/Tremor Diacritics Blunt Strokes

Letter Forms

Design (Pictorial Image) Size (Height/Width) Construction/Pen Direction Slant Angularity/Roundness

B) References

Bidder(s) shall be required to provide a list of up to three (3) customers where similar work has been performed within the last five (5) years. Reference information will include company or organization name, representative name and telephone number, and a description of the job(s).

C) Bidder Minimum Qualifications

Bidder must have a minimum of three (3) years’ experience performing similar services of a complexity similar to the services detailed in the attached Scope of Work.

D) Bid Requirements and Information

1) Key Action Dates

Event Date

IFB available to prospective bidders April 22, 2016

Final Date for Bid Submission May 6, 2016, 4:00 p.m.

Bid Opening May 9, 2016, 9:30 a.m.

Notice of Intent to Award May 9, 2016

Proposed Award Date June 1, 2016

2) Submission of Bid

a) All bids must be submitted under sealed cover and sent to Secretary of State by dates and times shown in Section C, Bid Requirements and Information, Item 1) Key Action Dates, (page 4). The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

Forensic Handwriting Analysis Services Secretary of State

1500 11th Street Room 460 Sacramento, CA 95814

DO NOT OPEN

Bids not submitted under sealed cover may be rejected. A minimum of 1 original copy and 1 photocopy of the bid must be submitted.

b) All bids shall include the documents identified in Section E, Required

Attachment Checklist (see pages 8 and 9). 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.

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

d) Mail or deliver bids to the following address:

Attn: Contract Services

1500 11th Street Room 460

e) 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.

f) 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. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

g) Costs incurred 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.

h) An individual who is authorized to bind the bidder contractually shall sign the

Bid/Bidder Certification Sheet, page 10. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

i) 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.

j) A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

k) The awarding agency 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.

l) The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

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

n) Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

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

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

3) 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) At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

c) The State will evaluate each bid to determine its responsiveness to the published requirements.

d) 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.

e) Award if made, will be to the lowest responsive responsible bidder.

4) 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 telegram, 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 written protest with the

Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the Secretary of State on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

d) Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605.

A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

f) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. This document is only required if the bidder has not submitted this form to the awarding agency within the last three (3) years.

5) Disposition of Bids

a) 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.) and subject to review by the public.

b) Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.

6) Agreement Execution and Performance

a. Performance shall start not later than 30 days, or on the express date set by the awarding agency and the 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 awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State 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.

E) Preference Programs

Small Business Preference: www.dgs.ca.gov/pd/Programs.aspx (SB/DVBE - OSDS tab)

F) Required Attachments

Refer to the following pages for additional Required Attachments that are a part of this agreement.

http://www.dgs.ca.gov/pd/Programs.aspx

ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

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

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also.

Attachment Attachment Name/Description

__ Attachment 1 Required Attachment Checklist

__ Attachment 2 Bid/Bidder Certification Sheet

__ Attachment 3 Cost Sheet

__ Attachment 4 California Disabled Veteran Business Enterprise (DVBE) Program Requirement - Forms and Instructions

1. STD. 843 – DVBE Declaration

2. GSPD-05-105 – Bidder Declaration

__ Attachment 5 Darfur Contracting Act (if applicable)

__ Attachment 6 Bidder References

__ Attachment 7 Resume

__ Attachment 8 American Board of Forensic Document Examiner Certification

__ Attachment 9 Payee Data Record (STD 204) - The Payee Data Record can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

__ Attachment 10 Contractor Certification Clauses (CCC-307) - The CCC can be found on the Internet at www.ols.dgs.ca.gov/Standard+Language.

http://www.ols.dgs.ca.gov/Standard+Language

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

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

Do not return Section C, Bid Requirements and Information (pages 4 through 8) nor the "Sample Standard Agreement" at the end of this IFB.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, 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 Disabled Veteran Business Enterprise 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 OSDS, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

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

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

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

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 or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT 3

COST SHEET

The estimated cost per hour for these services $ __________

Amount indicated above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual costs quoted above by the bidder shall be binding for the term of the Agreement.

If less than 45 minutes is worked, cost will be pro-rated.

Billing cycle:

Monthly Quarterly Semi-Annually Annually

ATTACHMENT 4

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM REQUIREMENT

The State has established goals for Disabled Veteran Business Enterprises (DVBE) participating in State contracts. The minimum DVBE participation percentage (goal) is 3% for this solicitation. Please review the DVBE program requirements package at the links below. The bidder must complete and return all the appropriate pages in order for the bid to be considered responsive.

DECLARATION FORMS

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract.

Refer to http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf for a downloadable version of this document.

Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy at the following website: www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf. The completed form should be included with the bid response.

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

All bidder’s must meet the 3% goal for this solicitation; failure to submit all required forms and fully document and meet the DVBE program requirement shall be considered non-responsive.

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

ATTACHMENT 5

DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services 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.

Company/Vendor Name (Printed) Federal ID Number

Initials of Submitter

Printed Name and Title of Person Initialing

ATTACHMENT 6

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.

List below three (3) references for services performed within the last five (5) years, which are similar to the scope of work to be performed in this contract.

REFERENCE 1

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 2

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 3

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

ATTACHMENT 7

RESUME

As part of the bid package you will be required to submit a current resume.

ATTACHMENT 8

AMERICAN BOARD OF FORENSIC DOCUMENT EXAMINER CERTIFICATION

As part of the bid package you will be required to submit certification as a Questioned Document Examiner by the American Board of Forensic Document Examiners.

ATTACHMENT 9

PAYEE DATA RECORD (STD 204)*

This form can be found at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

* This document is not required with the bid package but is required upon award of the contract.

ATTACHMENT 10

CONTRACTOR CERTIFICATION CLAUSES (CCC) (307)*

This form can be found at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

* This document is not required with the bid package but is required upon award of the contract.

G) Sample Standard Agreement

A sample Standard Agreement (STD 213) Sections 1 – 4 and Exhibits A-E may be found at www.ols.dgs.ca.gov/Contracting%20Info/formsandinstruction. The remainder of the Agreement consists of the following:

http://www.ols.dgs.ca.gov/Contracting%20Info/formsandinstruction

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 06/03)

AGREEMENT NUMBER

Sample Only 15S510XX

REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

Secretary of State

CONTRACTOR'S NAME

2. The term of this Agreement is:

July 1, 2016, or upon approval by Dept. of General Services, if required, whichever is later through June 30, 2017

3. The maximum amount: $ TBA of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work 1 page(s)

Exhibit B – Budget Detail and Payment Provisions 1 page(s) GTC 610 Exhibit C*: General Terms and Conditions

Exhibit D: Special Terms and Conditions 1 page(s)

Exhibit E: Additional Provisions 2 page(s)

The General Terms and Conditions shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. This document can be viewed at http://www.ols.dgs.ca.gov/Standard%20Language/default.htm

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CALIFORNIA

CONTRACTOR Department of General Services Use Only

CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature) DATE SIGNED)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

BY (Authorized Signature) DATE SIGNED

PRINTED NAME AND TITLE OF PERSON SIGNING

Cindy Hanneman, Chief Management Services Division Exempt per: GC 14616

ADDRESS

1500 11th Street, Sacramento, CA 95814 http://www.ols.dgs.ca.gov/Standard%20Language/default.htm

Exhibit A (Standard Agreement)

SCOPE OF WORK

1. Contractor agrees to provide to the Secretary of State (SOS) forensic handwriting analysis services for the SOS Election Division’s Voter Fraud Investigations Unit. Contractor shall identify suspected writers of forged documents discovered through criminal investigations of election code violations. Contractor will analyze forged or fictitious election documents and determine whether suspects under investigation are the true writers. Contractor will analyze the questioned writing using the following generally accepted standards:

Line quality Letter Proportions

Speed/Pressure (Vigor) Character Relationships Artistic Quality/Skill Base Line Adherence Rhythm/Movement Connections/Disconnections Shading Breaks Fluidity/Tremor Diacritics Blunt Strokes

Letter Forms

Design (Pictorial Image) Size (Height/Width) Construction/Pen Direction Slant Angularity/Roundness

2. The services shall be provided during normal working hours, Monday through Friday, except holidays.

All work done under this Agreement shall be completed within a reasonable period of time.

3. The project representatives during the term of this agreement will be:

State Agency: Secretary of State Contractor: TBD Name: TBD Name:

Phone: Phone:

Fax: Fax:

E-Mail: E-Mail:

Direct all contract inquiries to:

State Agency: Secretary of State Contractor: TBD Section/Unit: Contract Services Section/Unit:

Attention: Contract Services Attention:

Address: 1500 11th Street

Address:

Phone: (916) 653-5974 Phone:

Fax: (916) 653-8324 Fax:

E-Mail: ContractServices@sos.ca.gov E-Mail:

mailto:ContractServices@sos.ca.gov

Exhibit B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing

A. For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to:

Attn: Accounts Payable

P O Box 944260 Sacramento, CA 94244-2600

2. Budget Contingency Clause

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

4. Cost Detail

Hourly rate: $___________ per hour

Exhibit C

GENERAL TERMS AND CONDITIONS

PLEASE NOTE: This page will not be included with the final agreement. The General Terms and Conditions will be included in the agreement by reference to Internet site:

Exhibit D

SPECIAL TERMS AND CONDITIONS

1. Excise Tax

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

2. Settlement of Disputes

In the event of a dispute, Contractor shall file a "Notice of Dispute" with Cindy Hanneman, Chief, Management Services, within ten (10) days of discovery of the problem. Within ten (10) days, the Chief, Management Services, shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The decision of the Chief, Management Services, shall be final.

In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal.

3. Evaluation of Contractor (Applies Only to Consultant Services Contracts)

Performance of the Contractor under this Agreement will be evaluated. The evaluation shall be prepared on Contract/Contractor Evaluation Sheet (STD 4), and maintained in the Agreement file.

For consultant agreements, a copy of the evaluation will be sent to the Department of General Services, Office of Legal Services, if it is negative and over $5,000.

4. Agency Liability

The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

5. Potential Subcontractors

Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

Exhibit E

ADDITIONAL PROVISIONS

1. Termination

This contract may be terminated by the state with 30-day written notice.

2. Contract Amendment

The Secretary of State (SOS) reserves the right to amend the scope of work, increase the cost and/or extend the term of the agreement, based upon the SOS's need for completion of services and will be based on the original rate received and identified in the contract.

3. Consultant - Staff Expenses (Applies Only to Consultant Services Contracts)

The Contractor represents that it has or shall secure at its own expense, all staff required to perform the services described in this Agreement. Such personnel shall not be employees of or have any contractual relationship with any governmental entity.

4. Copier - Preventative Maintenance (Applies Only to Copier Maintenance Contracts)

Full preventative maintenance service shall be performed to keep the copier in the most efficient mechanical and working condition as possible.

5. Incompatible Activities

SECRETARY OF STATE POLICY REGARDING POLITICAL ACTIVITY IN THE WORKPLACE

The Secretary of State is the state’s chief elections officer. It is, therefore, imperative that staff in the

Secretary of State’s Office, and those who contract with the Secretary of State’s Office, refrain from engaging in any political activity that might call into question the office’s impartiality with respect to handling election issues. Accordingly, the policy of the Secretary of State’s Office with respect to political activity in the workplace, a copy of which will be given to every employee in the Secretary of State’s office, is as follows:

a. No employee of or contractor with the Secretary of State’s Office shall engage in political campaign-related activities on state-compensated or federal-compensated time, except as required by official duties, such as answering inquiries from the public. This prohibition shall not apply while an employee is on approved vacation or approved annual leave. This prohibition shall not apply to activities engaged in during the personal time of an employee.

b. No employee of or contractor with the Secretary of State’s Office shall use any state property in connection with political campaign activities. It is strictly prohibited to schedule political campaign-related meetings or to conduct political campaign-related meetings in state office space, even if after normal working hours.

c. No employee of or contractor with the Secretary of State’s Office shall use his or her official status with the Secretary of State’s Office to influence political campaign-related activities or to confer support for or indicate opposition to a candidate or measure at any level of government.

d. No employee of or contractor with the Secretary of State’s Office may be involved with political campaign-related telephone calls, letters, meetings or other political campaign-related activities on state-compensated or federal-compensated time. Requests by employees to switch to alternative work schedules, such as 4-10-40 or 9-8-80 work weeks, or to take vacation in order to

Exhibit E accommodate political campaign-related activities or to attend political campaign functions, will be judged in the same manner and on the same basis as any other requests of this nature (i.e., existing needs of the office and discretion of the division chiefs).

e. The receipt or delivery of political campaign contributions or photocopies thereof on state property is strictly prohibited, as is the use of office time or state resources (e.g., intra-office mail or fax machines) to solicit or transmit political campaign contributions.

f. No employee of or contractor with the Secretary of State’s Office may authorize any person to use his or her affiliation with the Secretary of State’s Office in an attempt to suggest that the employee’s or contractor’s support or opposition to a nomination or an election for office or a ballot measure is of an “official,” as distinguished from private, character.

g. No employee of or contractor with the Secretary of State’s Office may display political campaign-related buttons, posters, or similar materials in areas visible to individuals who are in public areas of the Secretary of State’s Office; nor may an employee of or contractor with the Secretary of State’s Office display political campaign-related posters or other materials on windows facing out of the state office building.

h. No employee of or contractor with the Secretary of State’s Office may use official authority or influence for the purpose of interfering with or attempting to affect the results of an election or a nomination for any public office.

i. No employee of or contractor with the Secretary of State’s Office may directly or indirectly coerce or solicit contributions from subordinates in support of or in opposition to an election or nomination for office or a ballot measure.

j. An employee who is paid either partially or fully with federal funds, including the Help America

Vote Act of 2002 (HAVA), is subject to the provisions of the federal Hatch Act, and is, therefore, prohibited from being a candidate for public office in a partisan election, as defined in the federal Hatch Act. However, any employee who is to be paid either partially or fully with funds pursuant to HAVA, shall first be consulted about the proposed funding and be informed about the prohibitions of the federal Hatch Act. The employee, whenever possible, shall be given the opportunity to engage in employment that does not involve HAVA funding.

k. Provisions limiting participation in political campaign-related activities as provided for in this policy statement shall be included in every contract with the Secretary of State’s Office.

If you have questions concerning these restrictions, please refer them to your contract manager.

G) Sample Standard Agreement