IFB_2024-18_ProsserDamFuelReduction_-_Solicitation.pdf

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB #2024-18

Prosser Dam Road Fuel Reduction Project

September 15, 2025

State of California State Lands Commission

Procurement and Business Services Unit

Invitation for Bid (IFB) #2024-18 Page 2 of 15

Prosser Dam Road Fuel Reduction Project – School Lands Parcel #062-002 www.slc.ca.gov

NOTICE TO CONTRACTORS

The California State Lands Commission (Commission) has issued the enclosed Invitation for Bid (IFB) #2024-18, entitled “Prosser Dam Road Fuel Reduction Project.” You are invited to review and respond to this IFB. Please note that no verbal information given will be binding upon the Commission 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.

BACKGROUND

The trees on School Lands parcel #062-002, located at 12481 Prosser Dam Road in Truckee, CA, appear to have been planted in the 1960s after a fire, known as the Penny Fire, burned through the area. This stand of trees does not appear to have ever been thinned and can be considered overstocked and a potential fire hazard. The site quality is considered Site IV timberland per the California Forest Practice Rules.

PURPOSE AND DESCRIPTION OF SERVICES – The purpose of this agreement is to contract for Forest Fuel Reduction Services pursuant to Public Resources Code (PRC) section 4771.

The objectives of this timber operation are to reduce the threat of a potential fire to the community of Truckee and critical infrastructure such as powerlines, to increase the chances of successful fire suppression in case a fire occurs on the property, and to improve the health and growth of the post-harvest stand by increasing the growing space of the residual trees, making them more resistant to drought, insects, and disease.

1) ACQUISTION METHOD – This Agreement is being procured as a Public Works (State

Contracting Manual, Volume 1, 10.25; Public Contract Code (PCC) § 1101; also of note is the Commission’s exemption from the limit under PCC § 10108).

2) PUBLIC WORKS REGISTRATION REQUIREMENTS

a) No Contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations for contracts greater than $25,000.00.

b) 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 for contracts greater than $25,000.00.

c) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations for contracts greater than $25,000.00.

3) NOTICE OF AWARD – The Notice of Intent to Award shall be posted to http://www.slc.ca.gov/contracting at least five days prior to awarding the contract.

4) LOCATION OF WORK – The location of work is at School Lands parcel #062-002, located at 12481 Prosser Dam Road in Truckee, CA.

5) BIDDER MINIMUM QUALIFICATIONS

http://www.slc.ca.gov/ https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC&sectionNum=4771.&article=11.&highlight=true&keyword=forest+fuel+reduction https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1101&lawCode=PCC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10108&lawCode=PCC https://www.dir.ca.gov/Public-Works/Contractors.html https://www.dir.ca.gov/Public-Works/Contractors.html http://www.slc.ca.gov/contracting

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a) Licensed Timber Operator | Attachment 4 – California Licensed Timber Operator classification LTO-A license is required. Must be valid, current, and maintained in good standing throughout the contract term.

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.

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 SLC 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 that qualify Contractor to bid on the project as specified above and proof of current, valid insurance including:

a. General Liability with Logging Operations Broad Form Property Damage

b. Automotive Liability

c. Worker’s Compensation and Employer Liability

d. Environmental Liability

b) Mandatory Pre-Bid Conference | Attachment 23 – A mandatory Pre-Bid Conference is scheduled according to Section 6, Key Action Dates.

i) Pre-Bid Conference shall occur online via Teams Meeting.

ii) Prospective Bidders must RSVP to CSLC.Solicitations@slc.ca.gov.

i. Prospective Bidders shall be provided a link to the Teams Meeting.

iii) Bids may only be submitted by those firms that attend the Mandatory Pre-bid Conference.

In the case of Joint Ventures, only one participant of the Joint Venture is required to attend.

Representatives at the meeting may only represent one firm or joint venture. A subcontractor may not represent a bidder.

c) Examination of Work Sites | Attachment 24 – Bidder shall inspect the site of the work and field conditions; and investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered.

i) Optional Site Visit with Commission Project Coordinator/Registered Professional Forester is scheduled according to Section 6, Key Dates.

i. Meeting location shall be at coordinates: 39°22'13.7"N 120°09'09.1"W.

ii) No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

d) Bidder Pre-Qualification & Certification | Attachment 2 – The Bidder is required to complete, sign, date, and submit Bidder Pre-Qualification & Certification sheet.

e) Bidder References | Attachment 3

i) The Bidder shall submit evidence that its firm or joint venture partners and subcontractors are experienced and competent to perform and complete the project. The evidence shall include references from at least four similar and successful projects over the last 10 years.

Each of the similar projects must include:

http://www.slc.ca.gov/ https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=7028.15&lawCode=BPC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=7029.1&lawCode=BPC mailto:CSLC.Solicitations@slc.ca.gov https://www.google.com/maps/search/39.370476,+-120.152537?entry=tts&g_ep=EgoyMDI1MDgwNi4wIPu8ASoASAFQAw%3D%3D&skid=828247f4-e2d8-4c14-848c-3abe5c667094

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(1) Client for whom the work was performed

(2) Name, address, contact information as specified below of knowledgeable person of the

Client for whom the Project was performed

(3) Project Description

f) Bid Surety | Attachments 7 and 8

i) 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.”

ii) The security deposit must be equal to 10 percent (10%) of the Maximum Agreement Value.

Please identify “IFB Number 2024-18” on your check or bond.

iii) A notarized statement from the bonding company your organization proposes to use, stating that the surety shall unconditionally guarantee the Contractor’s performance in all respects of the terms, conditions and provisions of this bid and compliance with the terms of the resulting Agreement, in the sum equal to the amount of the contract.

5) SCOPE OF WORK – MODEL CONTRACT AND STANDARD AGREEMENT LANGUAGE |

Attachments 9-14 – 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. All bids must be based on the Model Contract provided in this Solicitation. Bid submission should include Model Contract Exhibits in original Word document format with track changes enabled.

a) Exhibit A – Scope of Work

i) Exhibit A – Scope of Work and Deliverables | Attachment 9 – Required services to be performed for this proposal are described in Exhibit A of the Model Contract

ii) Exhibit A1 – Personnel Experience Narrative and Resume(s) | Attachment 10

(1) Bidder to insert key personnel resumes as pictures or text

(2) Bidder to insert Personnel Experience Narrative as pictures or text

iii) Exhibit A2 – Bidder’s Proposed Equipment and Methodology | Attachment 11

(1) Bidder to insert specific equipment to be used and a brief description of the proposed methodology.

b) Exhibit B – Budget and Payment Detail

i) Exhibit B – Bidder’s Cost Proposal Worksheet (Total Bid Price) | Attachment 12

(1) The total bid price shall include all labor, materials, equipment, travel, and every other item of expense incidental to the performance and fulfilment of this Agreement.

(2) Bidder to update sections in RED sample text with proposed pricing in the Cost

Worksheets within the attachment.

c) Exhibit C – General Terms and Conditions (GTC 02/2025) | Attachment 13 – The

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

d) Exhibit D - Special Terms and Conditions | Attachment 14

e) See Section 9 – ADMINSITRATIVE REQUIREMENTS for Model Contract submission instructions.

6) KEY ACTION DATES – All bidders are hereby advised of the following schedule and will be http://www.slc.ca.gov/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Invitation for Bid (IFB) #2024-18 Page 5 of 15 expected to adhere to the required dates and times.

Key Action Dates

EVENT DATE

1 IFB available to prospective bidders Monday, September 15, 2025 2 Mandatory Pre-bid Conference – online via

Teams Wednesday, September 24, 2025 – 10:00

AM

3 Optional Site Visit Thursday, September 25, 2025 – 11:00

AM

3 Written Questions Due (electronic) Friday, September 26, 2025 – 1:00 PM 4 Answers Due to All Bidders (electronic) Tuesday, September 30, 2025 – 1:00 PM 5 Final Date for Bid Submission Friday, October 3, 2025 – 1:00 PM 6 Public Bid Opening Friday, October 3, 2025 – 1:30 PM 7 Evaluation and Selection Committee review

(Estimated) Wednesday, October 8, 2025 – subject to change

8 Notice of Intent to Award (Estimated) Wednesday, October 8, 2025 – subject to change

9 Notice to Proceed (estimated) Monday, October 20, 2025

7) TERM – Term of the Agreement to be awarded under this IFB will be from the date of October 20, 2025, until October 19, 2026. Actual work on the Agreement shall not begin until written notification is received from the Project Coordinator.

8) PREFERENCE PROGRAMS

a) Disabled Veteran Business Enterprise (DVBE) – Declaration & Program Incentive

i) DVBE Participation Not Required – Mandatory Disabled Veteran Business Enterprises

(DVBE) participation is not applicable. The State has established goals for Disabled Veteran Business Enterprises (DVBE) participating in state contracts. For purposes of this solicitation, the DVBE program requirements are waived by the Commission’s highest ranking procurement officer due to the scope specialized nature and limitations.

ii) The Contract does not have a mandatory DVBE participation goal. Participation in the Commission’s DVBE program is optional. However, if bidders use subcontractors, bidders are encouraged to subcontract with DVBEs.

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

(2) 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.

http://www.slc.ca.gov/ https://www.dgs.ca.gov/-/media/8B524DA41A3E46B3ADBC69D8D7725E02.ashx https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999.2&lawCode=MVC

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(3) The Contractor will identify those subcontractors that are certified DVBEs and identify the contract price amounts allocated to those subcontractors on the Bidder Declaration form (Std. GSPD-05-105 | Attachment 5)

(4) For general information regarding DVBE contracting assistance, email osdshelp@dgs.ca.gov or call (916) 375-4940.

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

iii) Scoring Incentive – In order to encourage DVBE participation, the Commission will apply a DVBE incentive as follows:

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%

(1) The incentive is applied in determining the lowest monetary bid or best value by reducing the qualified bidder’s price by the amount of the incentive as computed on the lowest price submitted by a responsive bidder. This reduction is applied solely for evaluation purposes.

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

(3) If the bidder or proposed subcontractor possesses a Disabled Veteran Enterprise Certification and wishes to take advantage of the preference program, the bidder must complete and submit the Bidder Declaration GSPD-05-105 – Attachment 5, and Disabled Veteran Business Enterprise (DVBE) Declaration DGS PD 843 – Attachment 6 with its proposal package.

b) Small Business Enterprise Preference Program – Bidder Certification | Attachment 5 – Bidder is a Certified Small Business – 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 ($50,000) dollars.

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

(1) 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 http://www.slc.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 mailto:osdshelp@dgs.ca.gov https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf#:%7E:text=DGS%20PD%20843%20%28Rev.%209%2F2019%29%20Formerly%20STD.%20843,or%20equipment%20%5BMilitary%20and%20Veterans%20Code%20Section%20999.2%5D.

Invitation for Bid (IFB) #2024-18 Page 7 of 15 described in California Code of Regulations, Title 2, Section 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 California Code of Regulations, Title 2, Section 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.

ii) 25% of Net Bid Price Committed to Certified Small Business – 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 California Code of Regulations, Title 2, Section 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

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

(b) 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.

c) Commercially Useful Function (CUF)

i) Only State of California, Office of Small Business and DVBE Services (OSDS) certified

SBs/Micro SBs and DVBEs who perform a Commercially Useful Function (CUF) relevant to this solicitation may be used to qualify for incentives. When responding to this RFQ, bidders will need to verify each SB/DVBE subcontractor’s certification with OSDS to ensure SB/DVBE eligibility.

ii) An SB/DVBE certified Contractor (prime contractor, subcontractor or supplier of goods/services) is performing a CUF when the contractor is doing all of the following:

(1) Executing a distinct element of the contract work including supplying of goods/services.

(2) Performing, managing, or supervising the work including supplying of goods/services.

(3) Performing work that is normal for the Contractor’s business services and functions.

(4) Is responsible, with respect to products, inventories, materials and supplies required for the subcontract, for negotiating price, determining quality and quantity, ordering, installing (if applicable), and paying for the material.

(5) Not subcontracting a portion of the work that is greater than expected by industry practices.

(6) A SB/DVBE certified Contractor (prime contractor, subcontractor or supplier of goods/services) is NOT performing a Commercially Useful Function (CUF) if the Contractor is:

http://www.slc.ca.gov/ https://govt.westlaw.com/calregs/Document/I537E1F335A0A11EC8227000D3A7C4BC3?contextData=%28sc.Default%29&transitionType=Default https://govt.westlaw.com/calregs/Document/IB8FB53901BC511EE8DA6DAFA82226BB2?contextData=%28sc.Default%29&bhcp=1&transitionType=Default https://govt.westlaw.com/calregs/Document/I537E1F335A0A11EC8227000D3A7C4BC3?contextData=%28sc.Default%29&transitionType=Default https://govt.westlaw.com/calregs/Document/I537E1F335A0A11EC8227000D3A7C4BC3?contextData=%28sc.Default%29&transitionType=Default https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

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(a) An extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SB/DVBE participation.

(b) Not being used to perform the work as stipulated in the bid.

(c) No longer being used to provide goods/services listed in the initial bid response.

d) Target Area Contract Preference Act (TACPA) | Attachments 21 and 22

i) This IFB does not include TACPA preferences. However, during the process, Bidders may apply for the preference. Bidders are encouraged to review the package carefully to ensure that their submittals conform to the program’s preference requirements.

ii) If Bidder wishes to take advantage of the TACPA preference program, Bidder must complete and submit the Target Area Contract Preference Act Preference Request for Goods and Services Solicitations, Form STD 830 – Attachment 21 and Bidder’s Summary of Contract Activities and Labor Hours (DGS – PD 526) | Attachment 22 with its bid package. Additional information is available on Department of General Services’ Website.

e) Total Business Preference Limitation - The total combined preferences offered on this bid shall not exceed one hundred thousand ($100,000) dollars. 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.

9) SUBMISSION OF BIDS – ADMINISTRATIVE REQUIREMENTS

a) Required Attachments

i) Proposal 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 shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements and will be rejected.

ii) Bidder Pre-Qualification & Certification Sheet | Attachment 2

iii) Bidder References | Attachment 3

iv) Contractor Licenses & Insurance| Attachment 4

v) Bidder’s Declaration & Listing of Subcontractors (GSPD 05 105) | Attachment 5

vi) Disabled Veteran Business Enterprise Declaration (DGS PD 843) | Attachment 6

vii) Bid Surety| Attachment 7 viii)Bonding Capacity Certification| Attachment 8

ix) Model Contract: Exhibit A – Scope of Work| Attachment 9

x) Model Contract: Exhibit A1 – Personnel Experience and Resumes| Attachment 10

xi) Model Contract: Exhibit A2 – Proposed Equipment and Methodology| Attachment 11

xii) Model Contract: Exhibit B – Budget and Payment Details (Total Bid Price) |

Attachment 12 xiii)Model Contract: Exhibit C – Terms and Conditions (GTC 02-2025) | Attachment 13

xiv) Model Contract: Exhibit D – Special Terms and Conditions| Attachment 14

xv) California Civil Rights Laws Attachment (DGS OLS 4) | Attachment 15

xvi) Darfur Contracting Certification (DGS PD 1) | Attachment 16

xvii) Non-Collusion Affidavit | Attachment 17

xviii) Contractor Certification Clauses (CCC 04/2017) | Attachment 18

xix) Resolution of Conflict of Interests | Attachment 19

xx) Payee Data Form (STD 204) | Attachment 20

xxi) TACPA (STD830) (if applicable) | Attachment 21 https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference

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xxii) TACPA Bidder’s Summary (DGS PD 526) (if applicable) | Attachment 22

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 which 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 Kevin Beard at 916-574-1882 and emailing CSLC.Solicitations@slc.ca.gov.

c) 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.

d) Bidder’s Questions – Bidders shall submit questions regarding solicitation by the due date and time specified in the Key Action Dates table. Bidders shall provide specific information to enable Commission to identify and respond to their questions. When submitting questions, please reference the solicitation number of IFB 2024-18 Prosser Dam Road Fuel Reduction Project in your subject line. Answers to questions received during the Bidder Question period shall be shared with all invited bidders. At its discretion, Commission may contact a bidder to seek clarification of any question received.

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

i) The sealed envelope must be plainly marked with the IFB number and title (IFB #2024-18

Prosser Dam Road Fuel Reduction Project), must show the firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

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

Mail or hand-deliver bids to the following address:

Kevin Beard – Contracts Analyst & Buyer State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, CA 95825-8202

ii) 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 bid submittal. Multiple emails may be necessary to deliver the digital copy due to file size.

(1) Model Contract Exhibits A, A1, A2, B, and D shall also be submitted as Word documents with “track changes” enabled.

iii) Original Signatures – All documents requiring a signature must bear an original signature of a person authorized to bind the bidding company. This requirement may be met through http://www.slc.ca.gov/

Invitation for Bid (IFB) #2024-18 Page 10 of 15 the use of DocuSign. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

f) Bidder Declaration (GSPD 05 105) | Attachment 5 – 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 to be done by each subcontractor.

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

h) 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, shall not be considered.

i) A bidder may withdraw its bid by submitting a written withdrawal request to the Commission, 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 subsequent to bid submission deadline.

j) Errors in Bidding – Bidders are cautioned not to rely on the Commission 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.

i) An error in the proposal may cause the rejection of that proposal; however, the

Commission may, AT ITS SOLE OPTION, retain the proposal and make certain corrections. In determining if a correction will be made, the Commission will consider the conformance of the proposal to the format and content required by the IFB, and any unusual complexity of the format and content required by the IFB.

k) 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. 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.

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.

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

10) 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 proposal requirements set forth in this document.

Invitation for Bid (IFB) #2024-18 Page 11 of 15

i) Responsive Bid

(1) A responsive bid is compliant without material deviation from the solicitation requirements and the terms and conditions of the proposed contract.

(2) 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 Commission.

(a) Material deviations cannot be waived.

(b) The Commission may waive immaterial deviations, and the bid may be evaluated when considered to be in the best interest of the Commission.

(c) Immaterial deviations are inconsequential variances, which carry little or no importance and do not provide a bidder with any material advantage over other bidders.

(d) 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

(1) A bid may be deemed non-responsive and subsequently rejected if any of the following occurs:

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

Action Dates for receipt of each submission.

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

Qualifications.

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

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

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

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

iii) Responsible Bidder

(1) 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) If an award is made, it shall be to the lowest responsive and responsible bidder who meets the minimum qualifications, after application of any applicable preferences, and contingent upon budgetary, legislative, and control agency approval.

i) If Contract is awarded, the successful responsible low bidder shall enter into and execute a contractual agreement in the form of a Standard Agreement STD 213 and deliver to the Commission the required documents.

ii) The apparent successful low bidder shall execute the required number of copies of the Contract documents, (Payment and Performance Bonds, General Liability insurance including Logging Operations Broad Form Property Damage, Automobile Liability insurance, Workers Compensation and Employers’ Liability insurance, and Environmental Liability insurance) and return them within ten (10) working days after notice that they are

Invitation for Bid (IFB) #2024-18 Page 12 of 15 the apparent successful low bidder.

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

iv) 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 award and Notice to Proceed.

(i) The Contract shall be binding upon the Commission only after approval by the

Department of General Services.

(ii) 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.

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

c) Employment of Undocumented Immigrants – No State Agency or department, as defined in Public Contract Code Section 10335.7, that is subject to this code, shall award a public contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works contract, who has, in the preceding five years, been convicted of violating a state or federal law regarding the employment of undocumented immigrants. See Public Contract Code Section 6101.

d) Anti-trust Claims – In submitting a bid to the Commission, the bidder offers and agrees that if the bid is accepted, it shall assign to the Commission all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials for work of this Contract. Assignment shall be deemed effective at the time of tender or final payment to Contractor. Contractor shall include, or cause to be included, similar provisions in Subcontracts for work of this Contract.

11) PROTEST

a) A bidder may protest the award of a Contract pursuant to Public Contract Code Section 10345, as applicable.

b) Protests shall be received in a timely manner.

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

d) Please note that if the award will be made to other than the low bidder, any protests must be filed within five (5) 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 Commission, requesting that a Notice of Intent to Award be posted, the protest must be filed during the five (5) business days the notice is posted.

http://www.slc.ca.gov/ https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10335.7&lawCode=PCC http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=6101 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10345&lawCode=PCC

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ii) Within five (5) 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.

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

iv) The protest documents may be sent by regular mail, courier, or personal delivery to:

State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, California 95825 Attn: Executive Officer

12) DISPOSITION OF BIDS

a) Bids will become public records upon publication Award.

b) All documents submitted in response to this IFB shall become the property of the State of

California and will be regarded as public records under the California Public Records Act.

However, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's proposal shall be held in the strictest confidence until the "Notice of Award" is posted.

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

13) CONTRACT BONDS – The bidder awarded the contract will be required to furnish a payment bond and performance bond, each in a sum equal to the amount of the contract.

a) Payment Bond | Attachment 25 – The Payment bond shall secure the payment of claims of laborers, mechanics, or material-persons employed for work under this Agreement.

i) Upon notice of Intent to Award contract, Contractor shall furnish a payment bond made payable to the “State Lands Commission” in a sum equal to 100% of the contract value.

ii) Payment bond must be issued by a company authorized by the California Insurance

Commissioners to transact surety business in California.

iii) Two (2) copies of bond shall be submitted on Standard Form STD 807 (Attachment 25).

b) Performance Bond | Attachment 26 – The Performance Bond shall guarantee the faithful performance of this Agreement.

i) Upon notice of intent to award contract, Contractor shall furnish a performance bond made payable to the “California State Lands Commission” in a sum equal to 100% of the contract value.

ii) Performance bond must be issued by a company authorized by the California Insurance Commissioners to transact surety business in California.

iii) Two (2) copies of bond shall be submitted.

14) 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-priced, responsible, and responsive bidder without performing a subsequent solicitation.

a) Pursuant to all other provisions of this Agreement, the Commission reserves the right to cancel https://forms.dgs.ca.gov/Standard-Forms/

Invitation for Bid (IFB) #2024-18 Page 14 of 15 the contract and either resolicit the project or engage the next lowest-priced, responsible, and responsive bidder if it is determined that the Contractor is unable to adhere to the specifications or work schedules outlined in the contract.

15) GENERATIVE ARTIFICIAL INTELLIGENCE TECHNOLOGY USE & REPORTING

a) The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

b) Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) §

4986.2 Definitions for GenAI.

c) Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

d) Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

e) Government Code section 11549.64. defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

16) BUSINESS IN GOOD STANDING

a) In submitting a bid, 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.

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

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

b) 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.

c) 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.

d) 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 http://www.slc.ca.gov/ https://www.dgs.ca.gov/Resources/SAM/TOC/4900/4986-2 https://www.dgs.ca.gov/Resources/SAM/TOC/4900/4986-2 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11549.64.&lawCode=GOV

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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.”

17) STATE EMPLOYEES – No officer or employee in the state civil service or other appointed state official shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or in which the officer or employee has a financial interest and which is sponsored or funded, or sponsored and funded, by any state agency or department through or by a state contract unless the employment, activity, or enterprise is required as a condition of the officer's or employee's regular state employment. No officer or employee in the state civil service shall contract on his or her own individual behalf as an independent contractor with any state agency to provide services or goods.

18) CONFLICT OF INTEREST DETERMINATIONS - 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 Bidder.

a) Restrictions After Leaving State Employment:

i) 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.

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

b) Restrictions for Former Policymakers:

i) 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.

ii) 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.