IFB_2024-05_Platform_Holly_Caretaker_Services,_Addendum_1.pdf

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB Number 2024-05

Platform Holly Caretaker Services

State of California

State Lands Commission

Procurement and Business Services Unit

September 19, 2024

ADDENDUM #1 – September 26th, 2024 By addendum to this IFB, the following edits have been made:

1. Page 4, Section 6(b) and Section 6(c) have been updated to reflect that the Pre-Bid Meeting is no longer mandatory.

2. Page 4, Section 6(b) has been updated with a new Notice of Intent to Award date

TABLE OF CONTENTS

1) NOTICE TO CONTRACTORS

2) ACQUISITION METHOD

3) STANDARD CONDITIONS OF SERVICE

4) NOTICE OF AWARD

5) PURPOSE AND DESCRIPTION OF SERVICES

6) KEY ACTION DATES

7) BIDDER’S QUESTIONS

8) TECHNICAL REQUIREMENTS

9) SUBMISSION OF BIDS – ADMINISTRATIVE REQUIREMENTS

10) COMMISSION RIGHTS

11) CONFLICT OF INTEREST DETERMINATIONS

12) BUSINESS IN GOOD STANDING

13) EVALUATION, SELECTION, AND AWARD

14) PROTEST

14) DISPOSITION OF BIDS

15) PREFERENCE PROGRAMS

16) UPON NOTICE OF INTENT TO AWARD

17) SUBSEQUENT SOLICITATION

18) PUBLIC WORKS CONTRACTS REQUIRED LANGUAGE

19) GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI)

IFB Number 2024-05 Page 2 of 24 California State Lands Commission

1) NOTICE TO CONTRACTORS

The California State Lands Commission (Commission) has issued the enclosed Invitation for Bid, IFB Number 2024-05, entitled “Platform Holly Caretaker Services”. You are invited to review and respond to this IFB. In submitting your bid, you must comply with these instructions. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation. No oral understanding or agreement shall be binding on either party. Read this document carefully. You must comply with the instructions contained in this document.

2) ACQUISITION METHOD

This agreement is being procured as a Public Works (State Contracting Manual Volume 1, 10.25; PCC §1101, and PCC § 10108).

3) STANDARD CONDITIONS OF SERVICE

All agreements entered into with the State of California will include the following terms and conditions:

a) Exhibit C – General Terms and Conditions (GTC) – Attachment 13

b) Contractor Certification Clauses (CCC) – Attachment 23

i) The contract is subject to State contractor nondiscrimination and compliance requirements (2 CCR Div. 4.1, Ch. 5, Art. 2).

c) Refer to the State of California’s Bidder Instructions (GSPD-451) for additional information.

4) NOTICE OF AWARD

The Notice of Intent to Award shall be posted to https://www.slc.ca.gov/contracting/ at least five working days prior to awarding the contract.

5) PURPOSE AND DESCRIPTION OF SERVICES

The information below is intended to be used only as a general overview of the proposed contract. For specific Contract information and requirements, refer to the Exhibit A Scope of Work, plans, and specifications documents.

a) Background - Platform Holly stands in 211 feet (64 m) of water approximately two miles (3.2 km) southwest of Coal Oil Point (34°23'23.7"N 119°54'22.5"W). The platform was installed in 1965 and, until 2015, produced oil and gas from the South Ellwood Oil Field which was transported via subsea pipelines, to an onshore facility for processing and downstream transport to market.

i) The platform was shut-in after the 2015 Refugio Oil spill near Gaviota and, since 2017, has been under the control of the State of California through the Commission.

ii) The Commission has plugged and abandoned the platform’s 30 wells, including https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/GSPD/Bidders-Instructions.ashx https://www.slc.ca.gov/contracting/

IFB Number 2024-05 Page 3 of 24 removing the conductor casing, and plans to decommission the platform sometime after 2025.

iii) In the interim, the Commission is hardening the platform to eliminate regular staffing needs by decoupling the platform from any shore-based utilities or power, removing oil production equipment, eliminating sources of spill risk, and installing solar power, security monitoring equipment, and navigation hazard avoidance equipment. This work is currently being performed by ExxonMobil and will be completed by Fall 2024.

After hardening is complete, a caretaker period will begin. This will involve routine platform visits and remote monitoring to prevent trespass and ensure navigation safety systems remain operational.

b) Purpose and Description of Services - The purpose of this contract is to provide a contractor to provide caretaker services for Platform Holly after hardening is complete.

c) Location of Work - Platform Holly, located in the Santa Barbara Channel, two miles from Coal Oil Point, in Santa Barbara County, California.

d) Conditions of Work - Platform Holly has four decks and is accessed by a rope swing from a crewed vessel. Vessels will likely need to tie up at a nearby buoy during the inspections. The Platform has one platform crane that will be operational. The crane is capable of lifting 60,000 lbs. and can be used as necessary to move personnel or equipment to/from the vessel. The Platform will remain unstaffed so contingencies must be developed by Bidders to safely perform the Work in the absence of platform-based personnel to assist.

i) Swing rope transfer safety: Swing rope transfers are a method for offshore oil and gas workers to move between vessels and platforms. The Contractor must follow all training, safety protocols, and best practices when conducting swing rope transfers including, but not limited to:

(1) Preparation: Ensure the transfer area is clear of obstructions and has non-slip deck coating. The captain should have clear visibility of the transfer area, either directly or via CCTV.

(2) Personnel: Verify personnel competencies and ensure they understand safety aspects. Personnel should wear a securely fastened floatation vest. Never transfer alone.

(3) The ropes: Inspect swing ropes for wear and damage, and conduct load tests.

One rope is used to transfer from boat to platform, anchored above the platform's landing area. The other rope transfers personnel from platform to boat, anchored over the water.

(4) The transfer: Grab the rope above the middle knot or at eye level. Swing only when ready, and don't swing with extra weight. Pass baggage over first.

IFB Number 2024-05 Page 4 of 24

6) KEY ACTION DATES

a) Term – The initial term of any potential award shall be three (3) years. Actual work on the contract shall not begin until a Notice to Proceed is received from the Commission.

b) Key Action Dates – All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times listed below:

# ACTIVITY KEY ACTION DATE DESCRIPTION DATE

1 IFB Released IFB Posted to Cal eProcure and Available to Prospective Bidders

Sep 19, 2024

2 Pre-bid Meeting Non-Mandatory pre-bid Meeting (Bidders must RSVP to CSLC.Solicitations@slc.ca.gov)

Oct 1, 2024, 2:00 PM

3 Bidder Questions Written Questions Due Oct 10, 2024, 3:00 PM

4 Bidder Answers Answers Due to All Bidders (Subject to change)

Oct 14, 2024, 3:00 PM

5 Bid Submission Deadline for Bid Submission Oct 28, 2024, 3:00 PM

6 Bid Opening Public Bid Opening Oct 30, 2024, 2:30 PM

7 Notice of Intent Notice of Intent to Award (Subject to change)

Nov 2, 2024 Nov 1, 2024

8 Notice to Proceed Award and Notice to Proceed (Subject to change)

Nov 8, 2024

9 Contract Term Contract Term (Subject to change) 3 Years

c) Pre-bid Meeting

i) A non-mandatory Pre-Bid Meeting is scheduled for Tuesday, October 1, 2024 at 2:00

PM.

ii) The Pre-Bid Meeting will be held virtually on the Microsoft Teams platform at the date and time specified in the Key Action Dates in Section 6.

i) To attend, bidders must RSVP to CSLC.Solicitations@slc.ca.gov. Bidders that RSVP will receive a link and instructions on how to attend the non-mandatory pre-bid meeting.

iii) Bids will only be accepted from those bidders who arrive no later than the time specified above and participate in 100% of the presentation of information by Commission staff. There will be no site inspection or physical walkthrough.

iv) Worksite Specifications and Details | Attachment 16 – Bidders are required to examine the specifications of the work site before the Pre-Bid Meeting. No additions or increases to the contract amount will be made due to a lack of careful examination of the specifications of the work site.

v) Attendee Limitations - If joint ventures wish to bid, at least one participant in the joint https://caleprocure.ca.gov/pages/index.aspx mailto:CSLC.Solicitations@slc.ca.gov

IFB Number 2024-05 Page 5 of 24 venture must attend this Pre-bid Meeting. Representatives at the meeting may only represent one firm or joint venture. A subcontractor may not represent a bidder.

7) BIDDER’S QUESTIONS

a) Bidders shall submit questions to CSLC.Solicitations@slc.ca.gov regarding solicitation by the due date and time specified in the Key Action Dates table. Bidders shall provide specific information to enable the Commission to identify and respond to their questions.

When submitting questions, please reference the solicitation number of IFB Number 2024-05 Platform Holly Caretaker Services in your subject line.

b) Answers to questions received during the Bidder Question time period shall be shared with all invited bidders. At its discretion, the Commission may contact a bidder to seek clarification of any question received.

8) TECHNICAL REQUIREMENTS

a) Bidder Certification and Bidder References | Attachments 2 and 3 – The following information must be included in the bid package from all bidders :

i) The Bidder shall submit evidence that the Contractor and subcontractors are experienced and competent to complete the work described in Exhibit A - Scope of Work. Minimum Qualification: The evidence shall include references from at least three (3) similar and successful projects constructed over the last five (10) years.

“Similar projects” are defined as construction projects of which the Bidder:

(1) Has engaged in construction, operation, inspection, or maintenance on an offshore or nearshore oil and gas production/processing facility or major systems supporting an oil and gas production/processing facility.

(2) Has supervised or directed multifaceted work crews on the same project.

ii) Each of the similar projects must include:

(1) Name, address, and contact information as specified below of knowledgeable person of the Client for whom the Project was performed.

(2) Project Description.

(3) Name(s) of person(s) in charge of operations.

(4) Timeline and scope of the project.

b) Contractor Licenses | Attachment 4 – Bidders must possess either Class A or Class B Contractors License. The Contractor license must be issued by the California Contractors’ State License Board and must be maintained in good standing throughout the contract term. If relied upon, the contractor license requirements for different types of business entities:

i) Sole Proprietorship/Individuals – shall submit a copy of his/her own license or that of his/her responsible managing employee holding the license.

ii) Partnerships – shall submit a copy of the license of the general partner or its responsible managing employee holding the license.

IFB Number 2024-05 Page 6 of 24

iii) Corporations or other organizations – shall submit a copy of the license of the responsible managing officer or the responsible managing employee holding the license.

iv) Joint Ventures - Bids may be submitted by a Joint Venture without a Joint Venture license pursuant to section 7028.15 of the California Business and Professions Code.

Before a Contract may be awarded to a Joint Venture, however, a copy of its Joint Venture license issued pursuant to section 7029.1 of the California Business and Professions Code by the Contractors State License Board of California must be submitted to the Commission Staff unless a written letter from the Board is submitted stating that the Joint Venture is exempt from this requirement.

v) Bid must include as Attachment 4 copies of licenses qualifying firm or joint venture to bid on the project as specified above.

c) Bidder Pre-Qualifications | Attachment 5 – Bidders must answer questions on a pre-qualification questionnaire that assesses their financial stability, past project experience, relevant licenses and certifications, safety practices, equipment capabilities, and references from previous clients.

d) Public Works Registration Requirements

i) No Contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations (DIR) for contracts greater than $1,000.00.

ii) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

e) PREVAILING WAGE | Attachment 12, Exhibit B

i) In Compliance with Labor Code Section 1775, the Contractor shall pay prevailing wage rates recognized in the collective bargaining agreement applicable in the County in which the work is to be performed and applicable to the particular craft, classification, or type of worker employed on the project. Contractor shall forfeit to the State a penalty of $50 for each calendar day, or portion thereof, for each worker paid by the Contractor or subcontractor less than the prevailing wage so stipulated.

Additionally, the Contractor agrees to pay to each worker the difference between the actual amounts and paid for each calendar day or portion thereof, and the stipulated prevailing wage rate.

ii) In addition to the terms and conditions referenced above, the Contractor will comply with all laws, regulations, and policies regarding prevailing wage determinations.

These rules include, but are not limited to:

(1) Labor Code §1774: The Contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract.

(2) Current prevailing wage rate information is available through the Department of Industrial Relations (DIR) website. Prevailing wage rate information is presented as a wage determination.

https://www.dir.ca.gov/Public-Works/Contractors.html https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1775 https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1774.

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

IFB Number 2024-05 Page 7 of 24

f) BIDDER DECLARATION | Attachment 6 - Bidder Declaration (GSPD 05 105): All bidders shall have listed therein the names and business address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount excess of one (1) percent of the General Contractor’s total bid and the portion of work done by each subcontractor.

g) SCOPE OF WORK – MODEL CONTRACT | Attachments 10 – 14: The Bidder shall review the terms of the Model Contract and become familiar with its language. This will substantively be the Contract that will be entered into between the State and the Contractor. Bidders should review the Model Contract in its entirety prior to submitting a bid. Bidders must submit as part of their response any changes or exceptions to the Model Contract that they wish to negotiate.

i) Bidder changes or exceptions must be documented via track changes to the documents contained in the Model Contract.

ii) All bids must be based on the Model Contract and Standard Agreement Language Attachments 10-14

(1) Several of the Model Contract Exhibit documents are used to prepare elements of the bid as follows:

(a) Exhibit A – Scope of Work

(i) Required services to be performed for this bid are described in Exhibit A of the Model Contract, Attachment 10

(ii) Exhibit A – Scope of Work, A1 – Personnel Experience | Attachment 11

1. Bidder to insert key personnel resumes as pictures or text

2. Bidder to insert Personnel Experience Narrative as pictures or text

(b) Exhibit B – Budget and Payment Details, Cost Worksheets | Attachment 12

(i) Bidder to update sections with RED sample text, with proposed pricing the following Cost Worksheets within the attachment:

1. B-1 – Items of Work (Cost Bid)

2. B-2 – Wage Determinations (Contingency pricing)

(c) Exhibit C – General Terms and Conditions – These terms cannot be changed | Attachment 13

(d) Exhibit D – Special Terms and Conditions | Attachment 14

iii) Model Contract Procurement - For competitive solicitations, the California State Lands Commission uses a model contract procurement method. The competitive solicitation process used by the Commission is as follows:

(1) Commission staff drafts a model contract with a detailed Exhibit A - Scope of Work

(SOW).

(2) Potential contractors are asked to use the SOW template provided as a baseline https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf

IFB Number 2024-05 Page 8 of 24 for developing their approach and cost bid for the project. Bidders must submit as part of their response any changes or exceptions to the Model Contract that they wish to negotiate. If applicable, the Bidder also updates Exhibit A – Scope of Work template in tracked changes with edits and additions to demonstrate their approach and describe services that address the needs.

(3) This is a dynamic competitive process through which the Commission can evaluate and test the strengths and weaknesses of the vendors and their proposals. The Commission can then make a final selection based on a combination of vendor experience; the quality and value of the vendor’s approach as updated into the Model Contract if applicable; and the overall value the vendor can bring to the project, including the price.

(4) The Model Contract procurement moves quickly to execution as the terms and methods are well developed as an agreement format at the conclusion of the solicitation, thereby increasing the effectiveness of the effort and the project’s success.

9) SUBMISSION OF BIDS – ADMINISTRATIVE REQUIREMENTS

a) Required Attachment Bid Checklist | Attachment 1 – All bids shall include the documents identified in the Required Attachment Checklist or otherwise required by this IFB. Bids not including the proper required attachments may be deemed non-responsive.

b) Importance of Meeting Deadlines – Bidders are solely responsible for ensuring delivery of their bid no later than the date and time specified in Key Action Dates. Use of the U.S.

Postal Service, express or overnight delivery, or any other service that might result in delayed delivery shall not relieve the bidders from the conditions of the specified deadline.

It is the Commission's policy to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid at the address stated above. Bidders may verify receipt of their bid by contacting Dev Shrestha at (916) 573-7559 or CSLC.Solicitations@slc.ca.gov.

c) Bid Submission – Bids not submitted under sealed cover may be rejected.

i) The sealed envelope must be plainly marked with the IFB and title, must show the firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

(IFB Number) (Firm Name) (Firm Address) DO NOT OPEN! SEALED BID

ii) Mail or hand-deliver bids to the following address:

Dev Shrestha, Contracts Analyst State Lands Commission 100 Howe Avenue, Suite 100 South

IFB Number 2024-05 Page 9 of 24

Sacramento, CA 95825-8202

IFB Number 2024-05 Page 10 of 24

iii) Copies Required – A minimum of two (2) paper copies, and one (1) digital copy delivered to CSLC.Solicitations@slc.ca.gov, of the bid must be submitted; the email submission must include the IFB Name and Number in the subject line. The digital copy shall be a true and complete copy of the bid submittal. Multiple emails may be necessary to deliver the digital copy due to file size.

(1) All Word documents that are digitally returned, must be in original editable Word format, with tracked changes.

iv) Original Signatures – All documents requiring a signature must bear the original signature of a person authorized to bind the bidding firm. This requirement may be met using DocuSign. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

v) BID SURETY | ATTACHMENT 8 – Bids shall be accompanied by one of the following forms of bidder’s security: cashier's check, certified check, or bidder’s bond executed by a surety made payable to the State Lands Commission.

(1) The security deposit must be equal to 10 percent of the amount bid. Please identify “IFB Number 2024-05” on your check or bond.

(2) Bidder’s security for the three lowest bidders will be held until the agreement has been executed or all bids rejected. After such time, the security shall be returned.

d) Attachment descriptions

# Attachment Name / Title Description

1 Bid Proposal Checklist IFB Checklist

2 Bidder Certification Bidder Certification

3 Bidder References Bidder Business References

4 Contractor Licenses Copy of Bidder’s Licenses

5 Pre-qualifications for Contractor Minimum Qualifications certification

Bidder’s Declaration and Listing of Sub-Contractors

(GSPD 05 105)

Subcontracting and Preference program declarations

Disabled Veteran Business Enterprise Declaration

(DGS PD 843)

Prime Contractor’s Certification DVBE Subcontractor Report

8 Bid Surety equal to 10% of bid amount Bid Surety (No form provided)

Certification from Surety Company on Sufficient Bonding Capacity (Must be notarized. See Attachment 5, question 9)

Certification from Surety Company on Sufficient Bonding Capacity (Must be notarized. See Attachment 3, question 9)

10 Model Contract: Exhibit A – Scope of Work Scope of Work

Model Contract: Exhibit A, A1 – Scope of Work – Personnel Experience Narrative and Resume(s)

Plans & Materials Cost Estimate

Model Contract: Exhibit B – Budget and Payment Detail - Bidder’s Cost Proposal Worksheet

Budget & Payment Detail (Price Quote)

13 Model Contract: Exhibit C – T&Cs Terms & Conditions

14 Model Contract: Exhibit D – Special T&Cs Special Terms & Conditions

IFB Number 2024-05 Page 11 of 24

# Attachment Name / Title Description

15 [SAMPLE] STD 213 Standard Agreement For Reference Only

16 Platform Holly Map and Technical Specifications Map of Platform Holly and technical specs of equipment within SOW

17 Resolution of Conflict of Interests - GC 87100 Resolution of Conflict of Interest

18 Non-Collusion Affidavit (Must be notarized) Non-Collusion Affidavit

19 California Civil Rights Laws Certification (DGS OLS 4) California Civil Rights

20 Darfur Contracting Act Certification (DGS PD 1) Darfur Contracting Act

21 Payee Data Record (STD 204) Payee Data Record

22 Contractor Certification Clauses Version 4/2017 (CCC) California Contractor Certification Clauses

Payment Bond To Accompany Construction Contract

(STD 807)

Upon Notice of Intent to Award

24 Performance Bond Upon Notice of Intent to Award

e) Other Notices To Bidder

i) Costs for developing bids and anticipating the award of the contract are entirely the responsibility of the bidder and shall not be charged to the State of California.

ii) 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.

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

iv) Errors in Bidding - Bidders are cautioned not to rely on the State during the evaluation to discover and report any defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proofread any submitted documents for errors and adherence to the IFB requirements.

10) COMMISSION RIGHTS

a) Addendum to the Solicitation – The Commission may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum.

a) Verification of Bidder Information - By submitting a proposal, bidders agree to authorize the Commission to:

i) Verify any and all claims made by the bidder including, but not limited to, verification of prior experience and the possession of other required qualifications.

ii) Check any reference identified by a bidder or other resources known by the State to confirm the bidder’s business integrity and history of providing effective, efficient, IFB Number 2024-05 Page 12 of 24 competent, and timely services.

iii) The Commission may modify the IFB prior to the bid submission deadline by the issuance of an addendum.

iv) The Commission reserves the right to reject any bid that does not satisfy the requirements set forth in the IFB. Before submitting a response to this IFB, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

b) Rejection of Bids

i) Proper Licensing – Bids to perform work of a kind for which a bidder is not properly licensed and qualified will be rejected.

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

iii) 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.

iv) Rejection of all Bids – The Commission reserves the right to reject all bids for reasonable cause or where the best interests of the State will be served. The State may reject any or all bids and may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the contract.

11) CONFLICT OF INTEREST DETERMINATIONS

a) Prospective Contractors shall disclose any financial, business, or other relationship with the State of California, especially the California State Lands Commission, that may have an impact upon the outcome of the contract. Prospective contractors shall also list current clients who may have a financial interest in the outcome of the contract. Determinations of potential conflict of interest will be addressed by the Commission on a case-by-case basis with each firm.

i) Restrictions After Leaving State Employment:

(1) If you previously worked for any state agency or department, you cannot enter into a contract if you were involved in any negotiations, transactions, planning, arrangements, or decision-making related to that contract while you were still employed by the state.

(2) This rule applies for two years from the date you left state employment.

ii) Restrictions for Former Policymakers:

(1) For 12 months after leaving state service, you cannot enter into a contract with any state agency if, within the year before you left, you held a policymaking position in the same general area as the proposed contract.

(2) Exceptions: This restriction does not apply if the contract is for you to serve as an expert witness in a civil case or to continue legal work on a matter you handled before leaving state service.

IFB Number 2024-05 Page 13 of 24

12) BUSINESS IN GOOD STANDING

b) Bidder acknowledges that when agreements are to be performed in the State by corporations or vendors, the State will verify, prior to awarding any Commission contract, the following information to ensure that all obligations due to the State are fulfilled:

i) Corporation in Good Standing - The Commission will verify with the Office of the Secretary of State (SOS) that the bidder is a corporation currently qualified to do business in California.

(1) The bid will be considered non-responsive if the bidder declares as a corporation and is not listed with the SOS.

(2) Both domestic and foreign corporations (those incorporated outside of California) must be in good standing to be qualified to do business in California.

ii) State Tax Delinquency - The Commission will verify with the Franchise Tax Board (FTB) and California Department of Tax and Fee Administration (CDTFA) that the bidder is not on a prohibited list due to tax delinquencies. The bid will be considered non-responsive if the bidder appears on any of these lists.

iii) Business Licensing - The prime and subcontractor shall have business licenses: If a contractor or sub-contractor is located within the State of CA, a business license from the City/County in which it is headquartered is required. If Contractor is a corporation, a copy of incorporation documents is sufficient.

iv) Review for Federal Debarment and Suspension (Executive Orders 12549 and 12689)

- A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Based on “2 CFR Appendix II to Part

200. Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.”

13) EVALUATION, SELECTION, AND AWARD

a) If a bid does not meet all the requirements, it may be considered non-responsive and eliminated from further consideration. To be responsive, the bidder must comply with all minimum bid requirements set forth in this document.

i) Responsive Bid: A bidder response that is compliant without material deviation from the solicitation requirements and the terms and conditions of the proposed contract.

(i) A deviation is material if the Commission determines that the Bidder’s bid is not in substantial accord with the solicitation requirements, or has a potentially significant effect on the delivery, quantity, or quality of deliverables, amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived. The Commission may waive immaterial deviations and the bid may be evaluated when

IFB Number 2024-05 Page 14 of 24 considered to be in the best interest of the State.

(ii) Immaterial deviations are inconsequential variances, which carry little or no importance and do not provide a bidder with any material advantage over other bidders. Waiver of an immaterial deviation shall in no way modify the IFB requirements or excuse the selected bidder from full compliance with the terms and conditions of the proposed contract provisions.

ii) Non-responsive Bid: A bid may be deemed non-responsive and subsequently rejected if any of the following occurs:

(i) At any time, a submission is received after the exact time and date set forth in Key

Action Dates for receipt of each submission.

(ii) The bidder fails to meet any of the eligibility requirements as specified in Minimum

Qualifications.

(iii) The bidder fails to submit or fails to complete, and sign required Attachments as instructed in this IFB.

(iv) The submission contains false, inaccurate, or misleading statements or references.

(v) The bidder is unwilling or unable to fully comply with the proposed contract provisions.

(vi) The bidder supplies conditional cost information, incomplete cost information, or cost information containing unsigned/uninitiated alterations or irregularities.

iii) Responsible Bidder: A bidder who submits a responsive bid and who possesses the qualifications, experience, facilities, reputation, and financial resources necessary to perform the contract at the time of contract award.

b) Award if made, shall be to the lowest responsive and responsible bidder meeting Minimum Qualifications in Section 8, after consideration of any applicable preferences, that complies with all the requirements prescribed herein, subject to budgetary, legislative, and control agency approval.

i) The State reserves the right to cancel the Contract and resolicit should it be determined that the Contractor is unable to adhere to the specifications and work schedules outlined in the Contract.

ii) If Contract is awarded, the successful responsible low bidder will be required to execute and deliver to the State the required documents.

iii) The apparent low bidder shall execute the required number of copies of the Contract documents, (Payment and Performance Bonds, General and Automobile Liability Insurance, Workers Compensation and Employers’ Liability Insurance, and STD 204) and return them within ten (10) working days after notice that they are the apparent successful low bidder.

iv) Failure to provide the required executed Contract documents within the fifteen (10) working days may be deemed refusal of an award which may be cause for forfeiture of bidder’s security.

c) Term start date identified in Key Action Dates is based on accurate Contract documents being returned within the set time as described above. Documents not having the correct language or delays in receiving documents from the Contractor will delay the proposed

IFB Number 2024-05 Page 15 of 24 award and Notice to Proceed.

i) The Contract shall be binding upon the State only after approval by the State. Should work begin in advance of receiving notice to proceed and that the Contract is approved, that work shall be considered as having been done by a volunteer and Contractor shall go unpaid.

ii) The Commission may award the next lowest responsive and responsible bidder and avail itself of all legal remedies provided by statute.

14) PROTEST

a) A bidder may protest the award of a Contract on the grounds that it (the bidder) is the lowest responsible bidder meeting the specifications and should therefore be awarded the Contract.

b) A protestant must be able to prove that the awarding agency has committed a material error in the conduct of the bid award process.

c) Please note that if the award will be made to other than the low bidder, any protests must be filed within five business days of notice to the low bidder that the Contract was awarded to another bidder.

i) If a written request was submitted by a bidder to the State agency requesting that a Notice of Intent to Award be posted, the protest must be filed during the five business days the notice is posted.

(1) Within five business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

(2) Both the original protest and/or the detailed statement of protest, if any, must include the IFB, the name of the State Agency conducting the solicitation, State agency contact person, and protestant’s fax number, if any.

(3) The protest documents may be sent by regular mail, fax, courier, or personal delivery to BOTH of the following:

(a) State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, California 95825 Email: CSLC.solicitations@slc.ca.gov

(b) Department of General Services, Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov mailto:CSLC.solicitations@slc.ca.gov mailto:OLSProtests@dgs.ca.gov

IFB Number 2024-05 Page 16 of 24

14) DISPOSITION OF BIDS

a) Bids will become public records upon publication Award. 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.). However, the contents of all bids, draft bids, correspondence, agenda, memoranda, working papers, or any other medium that discloses any aspect of a bidder's bid shall be held in the strictest confidence until the "Notice of Award" is posted.

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

15) PREFERENCE PROGRAMS

a) DVBE PARTICIPATION REQUIREMENT | Attachments 6 and 7 - The Commission recognizes disabled veterans for their service and has a DVBE Participation Program.

The program is intended to further veterans’ participation in Commission contracting, promote competition, and encourage greater economic opportunity.

i) Under Military and Veterans Code section 999.2, each state department has a participation goal of not less than 3% for disabled veteran business enterprises. These goals apply to the overall dollar amount expended each year by the awarding department.

ii) This project has a mandatory participation goal of three percent (3%) of the total Contract price for qualified Disabled Veteran’s Business Enterprise (DVBE). This three percent (3%) goal may be achieved by a combined effort of the Contractor and sub-contractors. Any business used to meet the DVBE requirement must be certified by or have certification pending with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services. Contractor will clearly identify within their bid those sub-contractors that are certified DVBE’s. The cost estimate will identify the amounts allocated to those sub-contractors that are certified DVBE’s in their cost bid. For general information regarding DVBE contracting assistance, email osdshelp@dgs.ca.gov or call (916) 375-4940.

(1) NEED HELP FINDING A DVBE? - Contractors are encouraged to work with the California Department of Veterans Affairs (CalVet), prior to Bid submission, for assistance in identifying appropriate subcontractors. CalVet has several webpage resources to assist the Firms, including a DVBE Request for Response form and a CalVet DVBE email.

(2) Contractor will identify those subcontractors that are certified DVBEs and identify the Agreement price amounts allocated to those subcontractors on the Bidder Declaration form (Std. GSPD-05-105 | Attachment 6)

(3) Contractor may achieve participation by qualifying as a DVBE or by contracting with DVBE subcontractors. DVBEs must perform a commercially useful function, related to the bid specifications, as required by Military and Veterans Code section 999, subdivision (b)(5)(B).

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx mailto:osdshelp@dgs.ca.gov https://www.calvet.ca.gov/VetServices/Pages/Disabled-Veteran-Business-Enterprise-Program.aspx https://www.calvet.ca.gov/VetServices/Pages/Disabled-Veteran-Business-Enterprise-Program.aspx https://www.surveymonkey.com/r/CalVet_DVBE_Request_for_Response mailto:a)%09DVBE@calvet.ca.gov https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

IFB Number 2024-05 Page 17 of 24

(4) During the Agreement term, Contractor’s DVBE compliance will be calculated on the completed work as verified by an audit of the Contractor’s invoices and Contractor’s payments to designated subcontractors.

(5) The cost estimate will identify the amounts allocated to those sub-contractors that are certified DVBE’s in their cost bid.

(6) Contractor is advised that there is a commitment made to achieve disabled veteran business enterprise (DVBE) participation. If awarded the Contract, Contractor agrees to certify on Prime Contractor’s Certification DVBE Subcontractor Report (Form STD 817) that DVBE subcontractor participation under this agreement is in compliance with the goals specified at the time of award of contract or with any subsequent amendment. If for this Contract the Contractor made a commitment to achieve the DVBE participation goal, the Department will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements of Military and Veterans Code Section

999.5. A Contractor that fails to comply with the certification requirement shall, after notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, the department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. The Contractor shall provide proof of payment for the work performed by the DVBE subcontractor(s) upon Department’s request.

b) Contractor understands and agrees that should the award of this Contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor.

i) Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid and approved DVBE substitutions will be documented by Contract amendment.

ii) Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid may be cause for Contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC section 999.9; Public Contract Code (PCC) section 10115.10, or PCC section 4110 (applies to public works only).

c) For general regarding DVBE contracting assistance, email osdshelp@dgs.ca.gov or call

(916) 375-4940.

d) DVBE Incentive | Attachments 6 and 7: For this IFB, we are offering progressive incentives to those bidders who exceed the three percent (3%) DVBE participation requirement. The DVBE Incentive Program gives a contractor an opportunity to improve their bid status based on the efforts attained from the DVBE participation, which is only applied during the bid evaluation process. For award based on low bid, the incentive is applied by reducing the bid price by the amount of incentive points received.

i) The DVBE Incentive Program gives a contractor an opportunity to improve their bid https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf mailto:osdshelp@dgs.ca.gov

IFB Number 2024-05 Page 18 of 24 status based on the efforts attained from the DVBE participation and only applied during the bid evaluation process.

ii) For an award based on a low bid, the incentive is applied by reducing the bid price by the amount of incentive points received. Bid price reduction is for scoring purposes only.

CONFIRMED DVBE

PARTICIPATION LEVEL

DVBE INCENTIVE

3.01- 3.99% 1%

4.0- 4.99% 2%

5.0- 5.99% 3%

6.0- 6.99% 4%

7% and Over 5%

e) Small Business Incentive | Attachment 2

A small business incentive will be granted on this invitation for bid. Only firms certified as a “Small Business” with the Office of Small Business and Disabled Veteran Business Enterprise Services, in the categories most appropriate to accomplish the prescribed services, will be granted this incentive. The Small Business Certification Number must be included in the Bidder Certification | Attachment 2.

f) Bidder is a Certified Small Business

i) To ensure that a fair proportion of California State contracting, and subcontracting is placed with small business enterprises, the State of California established a five percent (5%) small business preference program not to exceed fifty thousand dollars ($50,000).

(1) A certified Small Business may only be displaced by another Small Business with a higher percentage of DVBE participation and a lower adjusted bid price.

(2) Certified Small businesses will be granted the five percent (5%) small business preference on a bid evaluation by an awarding department when a responsible non-small business has submitted the lowest-priced, responsive bid or a bid that has been ranked as the highest scored bid pursuant to a solicitation evaluation method described in PCC § 1896.8, and when the small business:

(a) Has included in its bid a notification to the awarding department that it is a small business or that it has submitted to the Department a complete application pursuant to § 1896.14 no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department as a small business; and

(b) Has submitted a timely, responsive bid; and

(c) Is determined to be a responsible bidder.

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://www.dgs.ca.gov/en/PD/Resources/SCM/TOC/12/12-04 https://www.dgs.ca.gov/en/PD/Resources/SCM/TOC/12/12-04

IFB Number 2024-05 Page 19 of 24

g) 25% of Net Bid Price Committed to Certified Small Business –

i) Non-small business bidders will be granted a five percent (5%) non-small business subcontractor preference on a bid evaluation by an awarding department when a responsible non-small business has submitted the lowest-priced responsive bid or a bid that has been ranked as the highest scored bid pursuant to a solicitation evaluation method described in §1896.8, and when the non-small business bidder:

(1) Has included in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more small businesses; and

(2) Has submitted a timely, responsive bid; and

(3) Is determined to be a responsible bidder; and

(4) Submits a list of the small businesses it commits to subcontract with for a commercially useful function in the performance of the Contract.

(a) The list of subcontractors shall include their name, address, phone number, a description of the work to be performed, and the dollar amount or percentage (as specified in the solicitation) per subcontractor.

h) Total Business Preference Limitation – The total combined preferences offered on this bid shall not exceed $150,000. They shall be used only for computation purposes to determine the lowest qualified bidder for selection and award purposes only. The Contract shall be awarded at the actual bid amount.

i) A certified small business, microbusiness, or DVBE shall provide goods or services that contribute to the fulfillment of the contract requirements by performing a “commercially useful function (CUF).” Person or entity doing all of the following (California Military and Veterans Code § 999(b)(5)(B)j:

i) the execution of a distinct element of the work of the contract;

ii) carrying out obligation by actually performing, managing, or supervising work involved;

iii) performs work normal for its business services and functions;

iv) is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing if applicable, and making payment; and

v) is not further subcontracting a portion of work greater than expected to be subcontracted by normal industry practices.

16) UPON NOTICE OF INTENT TO AWARD

a) Payee Data Record | Attachment 21 – Upon Notice of Intent to Award of the contract, Contractor must complete and submit to the Commission the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to https://codes.findlaw.com/ca/military-and-veterans-code/mvc-sect-999/ https://codes.findlaw.com/ca/military-and-veterans-code/mvc-sect-999/

IFB Number 2024-05 Page 20 of 24

California Revenue and Taxation Code Sections 18662 and 26131. No payment shall be made unless completed STD 204 has been returned to the Commission.

b) Contractor Certification Clauses | Attachment 22 – Upon Notice of Intent to Award of the contract, Contractor must sign and submit to the Commission, page 1 of the Contractor Certification Clauses (CCC). This document is only required if the bidder has not submitted this form to the Commission within the last 3 years.

c) Contract Bonds - The bidder receiving the Notice of Intent to Award will be required to furnish a payment bond and performance bond. Payment and performance bonds shall each be in a sum equal to the amount of the Contract value (Exhibit B, Cost Worksheet B-

i) Payment Bond | Attachment 23: Upon Notice of Intent to Award, Contractor shall furnish a payment bond made payable to the “State Lands Commission” in a sum equal to 100% of the Contract value. Payment bond must be issued by a company authorized by the California Insurance Commissioners to transact surety business in California; two copies using State form STD 807. (PCC 7103)

ii) Performance Bond | Attachment 24: Upon Notice of Intent to Award, Contractor shall furnish a performance bond made payable to the “State Lands Commission” in a sum equal to 100% of the Contract value. Performance bonds must be issued by a company authorized by the California Insurance Commissioners to transact surety business in California. Two copies are required on standard bonding company forms.

d) Insurance Requirements - Upon receipt of the Notice of Intent to Award the bidder shall be required to furnish evidence of insurance pursuant to Model Contract Exhibit D within 5 working days of the Notice of Intent to Award.

17) SUBSEQUENT SOLICITATION

At the Commission’s sole discretion, after the contract award has been made and the contract has been executed, if the contract is terminated with or without cause after the performance has begun, the Commission may engage the next lowest bidder without performing a subsequent solicitation. Additionally, if at any time during the negotiation of an agreement with the apparent low bidder, the Commission and the lowest bidder mutually determine they are not able to reach an agreement, the Commission and lowest bidder may terminate the negotiations and the Commission may engage the next lowest bidder without performing a subsequent…