IFB_2015-01911_FINAL_031516.docx

Important Notice to Bidders

IFB No. IFB 2015-01911

This IFB/acquisition is being conducted under Public Contract Code §12125, et seq., the Alternative Protest Process.

Submission of a bid constitutes consent of the bidder for participation in the Alternative Protest Process.

Any protests filed in relation to the proposed Contract award shall be conducted under the procedures in this document for the Alternative Protest process.

A written Notice of Intent to Protest the proposed award of this IFB must be received (Facsimile acceptable) by the Coordinator by the date and time specified in Section 1.8, KEY ACTION DATES. Failure to submit a timely, written Notice of Intent to Protest waives Bidder’s right to protest.

Bidder is to send the Notice of Intent to Protest to:

Hand Delivered Bid, Parcel Post (FedEx, UPS, etc.)

United States Postal Service

(USPS)

Department of Technology Statewide Technology Procurement Division Attn: Alternative Protest Process Coordinator 10860 Gold Center Drive, Suite 200 – Security Desk Rancho Cordova, CA 95670

Department of Technology Statewide Technology Procurement Division Attn: Alternative Protest Process Coordinator Mail Stop Y12 P.O. Box 1810 Rancho Cordova, CA 95741-1810

Fax: (916) 463-9910 Email: technologyprocurements@state.ca.gov

INVITATION FOR BID

FOR

NEXT GENERATION 9-1-1 SYSTEMS AND SERVICES

IFB 2015-01911

MARCH 15, 2016

Issued by:

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR’S of EMERGENCY SERVICES 3650 Schriever Avenue, Mather, CA 95655

Disclaimer: The original PDF version and any subsequent addendums of the IFB released by the Procurement Official of this bid remain the official version. In the event of any inconsistency between the Bidder’s versions, articles, attachments, specifications or provisions which constitute the Contract, the official State version of the IFB in its entirety shall take precedence.

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TABLE OF CONTENTS

TEMPLATE

State of California IFB 2015-01911 CA Governor’s Office of Emergency Services

03/09/2016 viii

INTRODUCTION AND OVERVIEW SECTION

PURPOSE OF THIS INVITATION FOR BID (IFB)

The purpose of this Invitation for Bid (IFB) is to obtain bids from qualified Bidders to result in multiple Contracts to Multiple Contractors for Next Generation 9-1-1 (NG9-1-1) Core Services with the California Govenor’s Office of Emergency Services (Cal OES), Public Safety Communications (PSC) CA 9-1-1 Emergency Communications Branch (CA 9-1-1 Branch).

The Cal OES, PSC, CA 9-1-1 Branch is responsible for administering the State Emergency Telephone Number Account (SETNA) which provides funding to California Public Safety Answering Points (PSAPs) for 9-1-1 systems and services. The CA 9-1-1 Branch will use the Contract to purchase NG9-1-1 services. The main function of the NG9-1-1 Core Services are to provide PSAPs with voice contact with a 9-1-1 emergency calling party and Telecommunicators.

All NG9-1-1 services will be provided to PSAPs. The resulting Contract will provide qualified suppliers from which the State may procure services to process 911 emergency telephone calls to PSAPs. Responses to this IFB must be submitted for Next Generation 9-1-1 (NG9-1-1) Core Services Business Requirements identified in Sectionsection 6.3. Responding to the Evergreen Network Based Turn-key Solution identified in Section 6.4 is Desireable Optional. Responses cannot be submitted for only Section 6.4 and not Section 6.3.

Throughout this IFB, “Bidder” refers to a firm or entity that is responding to the IFB and “Contractor” refers to any firm or entity that is awarded the Contract.

Award(s), if made, will be to multiple Bidders awarded with the methodology defined in Section 9, EVALUATION.

BACKGROUND

The Cal OES PSC CA 9-1-1 Branch is authorized by statute Government Code (GC) 53100-53120 to manage and oversee the statewide 9-1-1 emergency communications system. The authority to oversee the expenditures of SETNA funds is provided in the California Department of Finance’s Manual of State Funds, 0022.

The CA 9-1-1 Branch currently procures NG9-1-1 services via tariff rates or CALNET 2 Master Service Agreements (MSAs) 2 (AT&T) and 3 (Verizon) which expire on January 29, 2018.

TERM OF CONTRACT

Effective upon approval of the California Department of Technology (CDT), Statewide Technology Procurement Division (STPD), the initial Term of the contract will be three (3) years. The State, at its sole discretion, may exercise its option to execute four (4), one (1)-year extensions to continue NG9-1-1 Core Services for a maximum contract term of seven (7) years.

SCOPE OF THE IFB AND BIDDER ADMONISHMENT

This IFB is being conducted under the policies and procedures developed by the CDT-STPD as provided under Public Contract Code Section 12102 and 12125 et seq. This IFB contains the instructions governing the requirements for a firm-fixed price to be submitted by interested Bidders. The format that bid information is to be submitted and the material to be included therein follows. This IFB also addresses the requirements that Bidders must meet to be eligible for consideration, as well as addressing Bidders’ responsibilities before and after award.

If the Bidder expects to be afforded the benefits of the steps included in this IFB, the Bidder must take the responsibility to:

· Carefully read the entire IFB.

· Ask appropriate questions in a timely manner, if clarification is necessary.

· Submit all required responses, complete to the best of the Bidder’s ability, by the required dates and times.

· Make sure that all procedures and requirements of the IFB are accurately followed and appropriately addressed.

· Carefully re-read the entire IFB before submitting Final Bid.

AVAILABILITY

The selected Contractors must meet the requirements of this IFB and be available to start work upon Contract award specified in Section 1.7, KEY ACTION DATES.

PROCUREMENT OFFICIAL AND CONTACT INFORMATION

Bidders are directed to communicate with the Procurement Official listed in Table 1-1: Procurement Official and Contact Information to submit questions, deliver Bids, and submit all other formal correspondence regarding this procurement.

Robin E. Filpula, Procurement Official Phone: (916) 431-5063 Email: robin.filpula@state.ca.gov

Table 1-1: Procurement Official and Contact Information Hand Delivered Bid, Parcel Post (FedEx, UPS, etc.)

United States Postal Service (USPS)

Department of Technology Statewide Technology Procurement Division Attn: Robin Filpula, Procurement Official 10860 Gold Center Drive, Suite 200 – Security Desk Rancho Cordova, CA 95670 Department of Technology Statewide Technology Procurement Division Attn: Robin Filpula, Procurement Official Mail Stop Y12 P.O. Box 1810 Rancho Cordova, CA 95741-1810

KEY ACTION DATES

Listed in Table 1-2: Key Action Dates, 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. All dates after the Final Bid Submission deadline are approximate and may be adjusted as conditions indicate without addendum to this IFB.

Table 1-2: Key Action Dates

*five (5) business days following the last Addendum that changes the requirements of the IFB.

**All dates after submission of Final Bids are approximate and may be adjusted as conditions indicate without addendum to this IFB ***See Section 2.6 of SCM Volume 3 Protest of Award.

AMERICANS WITH DISABILITIES ACT (ada)

To comply with the nondiscrimination requirements of 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 accommodation to participate in the procurement process, or for persons having questions regarding reasonable accommodations of the procurement process, you may contact the Procurement Official identified in Section 1.6. 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 accommodations at least 10 working days before the scheduled event, e.g., meeting, conference, workshop, etc., or deadline due-date for procurement documents.

The California Relay Service Telephone Numbers are:

RULES GOVERNING COMPETITION SECTION

IDENTIFICATION AND CLASSIFICATION OF IFB DOCUMENT REQUIREMENTS

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 document indicates a requirement or condition which is mandatory. A deviation from a requirement is material if the deficient response is not in substantial accord with the IFB document 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[footnoteRef:2], 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: The word “bid” as used throughout is intended to mean “proposed”, “propose” or “bid” as appropriate.]

Desirable (D) Items

The words “should” or “may” in the IFB document indicate desirable attributes or conditions, but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of the Bid.

BIDDING REQUIREMENTS AND CONDITIONS

General

This IFB document, 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 120 – 180 days following the scheduled date for Submission of Final Bids specified in Section 1.7, KEY ACTION DATES. A Bidder may extend the offer in the event of a delay of contract award.

IFB Document This IFB document 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 document, the Bidder shall immediately notify the Procurement Official identified in Section 1.6 of such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to Subsection 2.2.7, Addenda. Such modifications shall be given by written notice to all parties who have identified themselves as Bidders to the Procurement Official identified in Section 1.6, 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 therefore.

If the IFB document 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.

Examination of the Work

The Bidder should carefully examine the entire IFB document and any addenda thereto, and all related materials and data referenced in the IFB document 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 Section 5, ADMINISTRATIVE REQUIREMENTS and/or Section 6, BUSINESS, FUNCTIONAL AND TECHNICAL REQUIREMENTS.

Questions Regarding the IFB Document

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 utilizing Attachment 1 , Question Submittal Form, in an email or envelope clearly marked “Questions Relating to IFB 2015-01911 Next Generation 9-1-1 Systems and Services”, to the Procurement Official listed in Section 1.6. To ensure a response, questions must be received in writing by the scheduled date(s) given in Section 1.7, 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 Section1.7, 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 1.7, KEY ACTION DATES for submitting a request for change. Oral responses shall not be binding on the State.

Request for Change to Requirement If the Bidder believes that one or more of the Soliciation 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 Soliciation by submitting, Attachment 2, Template for Request for Changes Submittal, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change Such request must be submitted in an email or envelope clearly marked “Request for Changes Relating to IFB 2015-01911 Next Generation 9-1-1 Systems and Services”, to the Procurement Official listed in Section 1.6, by the date specified in Section 1.7, KEY ACTION DATES for submitting a request for change. Oral responses shall not be binding on the State. Requests for changes and the State’s response will be published as a Question and Answer set.

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 1.7, KEY ACTION DATES. This document may be mailed or emailed to the Procurement Official identified in Section 1.6. Only those Bidders acknowledging interest in this IFB will receive correspondence throughout this procurement. Correspondence to a Bidder regarding this IFB 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 1.6, 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.

Addenda

The State may modify the IFB prior to the date fixed for Final Bid Submission 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 a Bidder determines that an addendum unnecessarily restricts its ability to bid, the Bidder is allowed five (5) business days to submit a protest to the addendum according to the instructions contained in Subsection 2.7.1, Requirements Protests.

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.

Bonds

The State reserves the right to require a performance bond or other security document as specified in the IFB from the Bidder 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 IFB, the State will reimburse the bidder, as an addition to the purchase price, in an amount not exceeding the standard premium on such bond.

Discounts In connection with any discount offered, except when a provision is made for a testing period preceding acceptance by the State, time will be computed from the 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 a provision is made for a testing period preceding Acceptance by the State, the date of delivery shall mean the date the supplies or equipment are accepted by the State during the specified testing period. Payment is deemed 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.

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.

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 contractors who have not complied. Any contractor so identified is ineligible to enter into any State contract.

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 IFB if the Contractor/Subcontractor is currently working on the IFB in an Independent Verification and Validation (IV & V) role.

Seller’s Permit This IFB 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 IFB 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.

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 (e.g., 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.

Unfair Practices Act and Other Laws 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.

BIDDING STEPS

General Refer to Section 1.7, KEY ACTION DATES to determine which phases and steps are included in this IFB document.

The Final Bid is a Mandatory step for all Bidders. 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 Final Bid must be complete, including all cost information, required signatures, contract language changes agreed to in writing. Cost data (as identified in Section 8, BID FORMAT SECTION) must be submitted under separate, sealed cover. Changes that appear in the Final Bid, increase the risk that the Final Bid may be found defective.

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.

Disposition of Bids All materials submitted in response to this IFB document will become the 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 1.7, 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.

SUBMISSION OF BIDS

The instructions contained herein apply to the Final Bid.

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 document. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the IFB document instructions, responsiveness to the IFB document requirements, and completeness and clarity of content.

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

Completion of Bids Bids must be complete in all respects as required by Section 8, BID AND 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 IFB document requirements. The Final Bid must contain all costs as required by Section 7, COST and Section 8, BID AND BID FORMAT.

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 document, it will be the basis for rejection of the bid.

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

Delivery of Bids

Mail or deliver bids to the Procurement Official listed in Section 1.6. 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. Bids must be received in the number of copies stated in the IFB, and not later than the dates and times specified. Refer to Section 8, BID FORMAT SECTION for complete instructions.

Withdrawal and Resubmission/Modification of Bids

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 IFB document.

EVALUATION AND SELECTION PROCESS

General

Bids will be evaluated according to the procedures contained in Section 9, EVALUATION.

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.

Rejection of Bids 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 IFB document or excuse the Bidder from full compliance with the IFB document specifications if awarded the contract.

Errors in Final Bid

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 IFB document, and any unusual complexity of the format and content required by the IFB document.

A. 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.

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

C. 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.

1) 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.

2) 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 no cost.

D. If a Bidder does not follow the instructions for computing costs not related to the contract (e.g., State personnel costs), the State may reject the bid, or at its sole option, recompute such costs based on instructions contained in the IFB document.

E. If the re-computations or interpretations, as applied in accordance with this section, result in significant changes in the amount of money to be paid to the Bidder (if awarded the contract) or in a requirement of the Bidder to supply a major item at no cost, the Bidder will be given the opportunity to promptly establish the grounds legally justifying relief from its bid.

F. It is absolutely essential that Bidders carefully review the cost elements in their Final Bid, since they will not have the option to correct errors after the time for submittal.

G. The State may request clarification of items in the Bidder’s response if the meaning is not clear to the State. Responses to requests for clarification must be confirmed in writing by the Bidder as instructed by the State’s Procurement Official at the time of the request.

H. At the State’s sole discretion, it may declare the Final Bid to be a Draft Bid in the event that the State determines that Final Bid from all Bidders contain material deviations. Bidders may not protest the State’s determination that all bids have material deviations. If all bids are declared noncompliant, the State may issue an addendum to the IFB. Should this occur the State may hold confidential discussions with those Bidders who submitted a Draft Bid and who are interested in continuing to be considered. Each participating Bidder will be notified of the due date for the submission of a new Final Bid to the State. This submission must conform to the requirements of the original IFB as amended by any subsequent addenda. The new Final Bids will be evaluated as required by Section 9, EVALUATION.

Award of Contract

Award of contract, if made, will be in accordance with Section 9, EVALUATION to a responsive responsible Bidder whose Final Bid complies with all the requirements of the IFB document, except for such immaterial defects as may be waived by the State.

Contract Award, if made, will occur pursuant to Section 1.7, KEY ACTION DATES; however the State, at its sole option, may change the Contract Award date. The State reserves the right to modify or cancel in whole or in part its IFB document.

Written notification of the State’s Intent to Award will be made to all Bidders submitting a Final Bid. If a Bidder, having submitted a Final Bid, can show that its Bid, instead of the Bid selected by the State, should be selected for contract award according to the rules of Section 9, EVALUATION, the Bidder will be allowed to submit a protest to the Intent to Award, according to the instructions contained in Subsection 2.7.2 Award Protests.

Any Contract executed as a result of this IFB, may be amended, consistent with the Terms and Conditions (T&Cs) of the contract and by mutual consent of both parties, subject to approval by the Statewide Technology Procurement Division under Public Contracting Code 12100.

Debriefing A debriefing may be held after contract award at the request of any Bidder for the purpose of receiving specific information concerning the evaluation. The discussion will be based primarily on the technical and cost evaluations of the Bidder’s Final Bid. A debriefing is not the forum to challenge the IFB document specifications or requirements.

Protests

There are two (2) types of protests: requirements (initial) protests and award protests. A protest shall be submitted according to the procedure below.

Protests regarding any issue other than selection of the “Successful Bidder” are requirements protests and will be heard and resolved by the Deputy Director of the Department of Technology, Statewide Technology Procurement Division (STPD), whose decision will be final.

Requirements Protests

Requirements (initial) Protest: Before a requirements protest is submitted, the Bidder must make full and timely use of the procedures described in this section to resolve any outstanding issue(s) between the Bidder and the State. The procurement procedure is designed to give the Bidder and the State adequate opportunity to submit questions and discuss the requirements, bids and counter bids before the Final Bid is due. The protest procedure is made available in the event that a Bidder cannot reach a fair agreement with the State after exhausting these procedures.

All protests of requirements must be made in writing, signed by an individual authorized under Subsection 2.4.5, Signature of Bid, and contain a statement of the reason(s) for protest, citing the law, rule, regulation, or procedures on which the protest is based. The protestant must provide facts and evidence to support the claim. All protests to the IFB requirements must be received by the Deputy Director of the Department of Technology Statewide Technology Procurement Division (STPD) as promptly as possible, but not later than the respective time and date in Section 1.7, KEY ACTION DATES for such protests. Protests must be mailed or delivered to:

Table 2-1: Requirements Protest

Department of Technology Statewide Technology Procurement Division Department of Technology Statewide Technology Procurement Division

Copies of all protests are to be sent to the Procurement Official listed in Section 1.6.

Award Protest

Award Protest: An award protest is where a Bidder has submitted a bid which it believes to be responsive to the requirements of the IFB document and to be the bid that should have been selected according to the evaluation procedure in Section 9, EVALUATION and the Bidder believes the State has incorrectly selected another Bidder for award.

Alternative Protest Process This procurement is being conducted under the provisions of the Alternative Protest Process (Public Contract Code Section 12125 et seq.) Bidder understands that by submitting a bid to this procurement, the Bidder consents to participation in the Alternative Protest Process, and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5.

http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx A Notice of Intent to Award for this IFB will be publicly posted on the 2nd floor Security Desk of the Department of Technology, 10860 Gold Center Drive, Rancho Cordova, CA and sent via email to any Bidder who submits a written request for notice and provided an email address.

During the protest period, any participating Bidder may protest the proposed award on the following grounds:

A. For major information technology acquisitions – that there was a violation of the IFB procedure(s) and that the protesting Bidder’s bid should have been selected; or B. For any other acquisition – that the protesting Bidder’s bid should have been selected in accordance with the selection criteria in the IFB document.

A written Notice of Intent to Protest the proposed award of this IFB must be received (Facsimile acceptable) by the Coordinator by the date and time specified in Section 1.7, KEY ACTION DATES. Failure to submit a timely, written Notice of Intent to Protest waives Bidder’s right to protest. Bidder is to send the Notice of Intent to Protest to:

Table 2-2: Notice of Intent to Protest Address Hand Delivered Bid, Parcel Post (FedEx, UPS, etc.)

United States Postal Service

(USPS)

Department of Technology Statewide Technology Procurement Division Attn: Alternative Protest Process Coordinator 10860 Gold Center Drive, Suite 200 – Security Desk Rancho Cordova, CA 95670

Department of Technology Statewide Technology Procurement Division Attn: Alternative Protest Process Coordinator Mail Stop Y12 P.O. Box 1810 Rancho Cordova, CA 95741-1810

Email: technologyprocurements@state.ca.gov

Copies of the protest are to be sent to the Procurement Official listed in Section 1.6.

Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting Bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the Bidder’s right to protest.

Protest bond requirement: the bond amount for this Alternative Protest Process shall not be less than Ten percent (10%) of the estimated contract value. See California Code of Regulations, Title 1, Section 1418.

NEGOTIATIONS

The State of California reserves the right to negotiate. Should it be determined that it is in the State’s best interest, the State will conduct negotiations under PCC §6611. The purpose of the Negotiation Process is to maximize the State’s ability to obtain best value, based on the requirements and the evaluation factors set forth in the IFB.

CONTACTS FOR INFORMATION

Bidders may only contact the Procurement Official listed in Section 1.6 with regard to this IFB document.

Oral communications of department officers and employees concerning this IFB document shall not be binding on the State and shall in no way excuse the Bidder of any obligations set forth in this IFB document.

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CURRENT ENVIRONMENT

The CA 9-1-1 Branch oversees over 440 PSAPs that use tariffs to receive their Enhanced emergency call routing functions (9-1-1 services) via traditional Tip-n-ring, dedicated wirelines to deliver enhanced 9-1-1 calls to the proper PSAP via the Selective Router based on the preassigned ESN. Some NG9-1-1 Core Services are procured using the CDT CALNET 2 contract for 37 PSAPs in the Northeast Grant Project.

Current PSAP Locations

The current list of PSAPs who are funded by the CA 9-1-1 Branch are included in Table 3-1: PSAPs Currently Funded by SETNA. PSAPs may be added or removed from time to time by the State for a variety of reasons. Not all PSAPs request/receive funding from the CA 9-1-1 Branch, therefore, the PSAPs List is not inclusive of all PSAPs in California.

TABLE 3.1 PSAPs CURRENTLY FUNDED BY SETNA

Livermore

San Leandro

Alameda

Albany

Jackson

Anaheim

Antioch

Arcata

Arvin

Atascadero

Atherton

Atwater

Auburn

Avalon

Azusa

Bak…