IFB_23CS0035_Walk-In_Freezer_Door_Replacement_Services.pdf

State of California Solicitation Number: 23CS0035 Department of Veterans Affairs

INVITATION FOR BID

Notice to Prospective Bidders

July 10, 2024

The California Department of Veterans Affairs, hereafter referred to as “CalVet”, is inviting you to participate in this

Invitation for Bid (IFB) No. 23CS0035, entitled Walk-In Freezer-Door Replacement Services.

This IFB contains a list of Key Action Dates in Section C, and Bid Requirements and Information (see Page 3, Table of Contents).

A three percent (3%) Disabled Veteran Business Enterprise (DVBE) Participation Requirement applies to this IFB.

The DVBE Incentive and Small Business Preferences also apply. See Section D, Special Programs, in this IFB for requirements. In submitting your bid, you must comply with all instructions and requirements contained herein.

The awarded Contractor shall be required to pay prevailing wage under the terms of this Agreement. In submitting your bid, you must comply with all instructions and requirements contained herein.

This IFB package includes the following documents and shall be included in the final bid submission:

1. Notice to Prospective Bidders

2. Bidder’s Checklist

3. Bid/Bidder Certification Sheet

4. Bid Rate Sheet

5. Payee Data Record - STD 204 (and STD 205, if applicable)

6. Bidder Declaration - GSPD-05-105

7. Commercially Useful Function Certification Form

8. California Disabled Veteran Business Enterprise Program Requirements

9. Darfur Contracting Act

10. Disabled Veteran Business Enterprise (DVBE) Declarations – DGS PD 843

11. Contractor Certification Clauses (CCC 4/2017)

12. Sample Standard Agreement (STD 213):

a. Exhibit A – Scope of Work

b. Exhibit B – Budget Detail and Payment Provisions

c. Sample Exhibit B-1 – Rate Sheet

d. Exhibit D – Special Terms and Conditions & Additional Provisions

e. Exhibit E – Public Works Provisions

13. Non-Collusion Declaration

14. STD 1000 – GenAI Disclosure and Factsheet

15. Standard Form of Guarantee

The following documents are incorporated by reference and are available on the internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Contract-Language. Bidder may request an electronic copy of these documents by contacting the assigned contract analyst listed below.

1. Exhibit C - General Terms and Conditions for Private Contractors (GTC 04/2017).

2. Standard Contractor Certification Clauses (CCC 04/2017)

Upon award, the Contractor shall be required to provide the following Insurance Requirements as listed in Exhibit D

It is the opinion of CalVet that this IFB is complete and without need of explanation. This IFB can be made available in a text-only format as a disability-related reasonable accommodation compliant with the California Government Code and Americans with Disabilities Act (ADA).

Please note that no verbal information given will be binding upon CalVet unless such information is issued in writing as an official addendum. If you have questions or should you need any clarifying information, the contact person for this IFB is:

Keith Wynkoop, Contract Analyst

California Department of Veterans Affairs

1227 O Street

Sacramento, CA 95814

Phone: (916) 653-2621

Email: keith.wynkoop@calvet.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Table of Contents

Section Page

A) Purpose and Description of Services

B) Bidder Minimum Qualifications

C) Bid Requirements and Information

1) Key Action Dates

2) Mandatory Walkthrough

3) Question and Answer Period

4) Package and Submittal Instructions

5) Evaluation and Selection

6) Awards

7) Protests

8) Disposition of Bid

9) Agreement Execution and Performance

D) Special Programs

1) Disabled Veterans Business Enterprise Program

2) Small Business Preferences

E) Required Disclosures

1) Commercially Useful Function

2) Darfur Contracting Act

3) Contractor Certification Clauses

4) Executive Order N-6-22 – Russia Sanctions

5) Generative Artificial Intelligence (GenAI) Disclosure Notification

F) Required Attachments

A) PURPOSE AND DESCRIPTION OF SERVICES

The California Department of Veterans Affairs is seeking qualified vendors to contract for Walk-In Freezer-Door

Replacement Services. The contractor is responsible for meeting all of the licenses and certifications required to perform the scope of services set forth in this solicitation.

B) BIDDER MINIMUM QUALIFICATIONS

Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, Bidder shall meet all qualifications and licensing requirements at the time of the public bid opening.

C) BID REQUIREMENTS AND INFORMATION

1) Key Action Dates

The following dates are set forth for informational and planning purposes only and are subject to change:

2) Mandatory Walkthrough

Bidders must attend a Mandatory Walkthrough in order to submit a bid. The Walkthrough will be held at the

Chula Vista California Veterans Home located at 700 East Naples Court, Chula Vista CA 91911, at the date and time listed above. You do not have to attend the Mandatory Walk-Through if you already have attended a mandatory walk-through in response to previous solicitation(s) for Quotes (SFQs) for Agreement 23CS0035

Walk-In Freezer-door Replacement Services. A mask, COVID vaccination card, and recent COVID test results are NOT required to attend.

IFB Available to Prospective Bidders Date: July 10, 2024

Mandatory Walkthrough Date: July 16, 2024

Time: 9:00 a.m.

Deadline for Questions Date: July 18, 2024

Time: 11:59 p.m.

Deadline for Responses to Questions Date: July 23, 2024

Time: 6:00 p.m.

Final Date for Submission of Bid Date: July 25, 2024

Time: 11:59 p.m.

Bid Opening Date: July 26, 2024

Time: 10:00 a.m.

Notice of Intent to Award Date: July 29, 2024

Proposed Award Date Date: August 2, 2024

Term Start Date Date: January 1, 2024

Term End Date of Agreement Date: December 31, 2024

3) Question and Answer Period

Any questions regarding this IFB must be submitted in writing by, via email to the Contract Analyst listed on

Page 2 of this IFB. All questions must be received prior to the deadline for questions. Emails should include the individual's name, firm name, address, and must reference IFB #23CS0035. All answers will be posted on the Cal eProcure website. It is the responsibility of the Bidder to check the California State Contract

Register at https://caleprocure.ca.gov/pages/index.aspx when inquiring about an addendum, questions, answers, and any other posts related to this IFB.

4) Packaging and Submittal Instructions

a) All proposals and cost information must be submitted and received by the CalVet by the Final Date for Submission of Bid as identified in Section C)1) – Key Action Dates.

b) Bids must be submitted via e-mail to: keith.wynkoop@calvet.ca.gov

c) The e-mail submittal format is the following:

1. The subject line of the submittal e-mail must read, “Response to CalVet Solicitation: 23CS0035”

2. The body of the e-mail must read:

DO NOT OPEN

Solicitation #23CS0035 CalVet Central Business Office ATTENTION: Keith Wynkoop

Bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of a bid by contacting the CalVet Contract Analyst identified in the cover letter of this IFB.

d) Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is Bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information shall be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State shall issue an addendum to all bidders that received a bid package. By virtue of submitting a bid, Bidder is accepting the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of Bidder and shall not be charged to the State.

e) Bidder may modify a bid after its submission by withdrawing the 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.

f) Bidder’s bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by Bidder or an authorized agent prior to the public bid opening. The bid is binding once it is opened by the State and may not be withdrawn without cause.

5) Evaluation and Selection

a) All bid packages properly received according to the IFB Instructions on or before the bid due date and time shall be publicly opened and the rates read on the date and time specified in Section C)1), Key Action Dates, Bid Opening, at the following address:

https://caleprocure.ca.gov/pages/index.aspx mailto:keith.wynkoop@calvet.ca.gov

▪ Remotely, due to COVID-19 building closure

Bidders who plan to attend the virtual public bid opening must notify the CalVet Contract Analyst listed in the cover letter of this IFB at least three (3) business days before the date of the public bid opening

Section C.1, Key Action Dates, Bid Opening. If Bidder and/or Bidder’s representative require reasonable accommodation to participate in the Public Bid Opening, Bidder must contact the CalVet Contract Analyst identified in this package and identify what reasonable accommodation(s) is required for Bidder to participate

b) CalVet will evaluate each bid to determine compliance and adherence to all IFB requirements, as well as verification of calculations. CalVet reserves the right to request clarification of any documents submitted with this bid regarding any and/or all sections of the IFB.

c) In the event of a precise tie between the lowest responsible bid of a certified small business and a certified disabled veteran owned small business, the contract must be awarded to the disabled veteran owned business per the Department of General Services (DGS) State Contracting Manual (SCM), Section 8.21C. If a tie persists between any Bidders after the small business preference is applied, a coin toss or lot drawing shall be used to determine the contract award. The coin toss or lot drawing shall be officially witnessed and all affected bidders shall be advised of the tiebreaker method and invited to attend.

d) Bids that contain false or misleading statements, or which provide references that do not support an attribute condition claimed by the bidder, may be rejected.

e) No bid shall be considered unless the rate is submitted on the designated Rate Sheet and Bidder Certification form is in conformance with the submission requirements of this IFB.

f) The bid must be submitted for the entire activity described herein. CalVet does not accept alternate contract language from a prospective contractor. A bid with such language shall be considered a counter proposal and shall be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in original ink by Bidder.

g) CalVet reserves the right to reject any and all bid submittal packages and/or waive any immaterial deviations in a bid submittal package and/or allow a Bidder to remedy any immaterial deviations in their bid submittal package. CalVet reserves the right to determine what constitutes an immaterial deviation in Bidder’s bid submittal package. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse Bidder from full compliance with all requirements if awarded an Agreement.

h) CalVet is not required to award an Agreement resulting from this IFB.

i) If a previous Agreement with a prospective bidder was terminated for cause, CalVet reserves the right to hold a responsibility hearing before awarding the Agreement to determine if the bidder is responsible.

The bid may be rejected if CalVet deems, at the conclusion of the responsibility hearing, that the bidder is not responsible.

6) Awards

a) The award of an Agreement, if it is to be awarded, shall be made to the lowest responsible Bidder whose bid complies with all requirements prescribed herein. In the event Bidder submits more than one (1) bid under this bid process, CalVet shall select the lowest bid and reject all other bids from this Bidder.

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

c) Notice of the Intent to Award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the Agreement, if requested in writing by any bidder who submitted a bid.

d) Upon receipt of a tentative award, the apparent winning Bidder must return all required documents to the contract analyst within thirty (30) days of receipt. Failure to do so will result in the disqualification of the bidder’s submission. A tentative award will then be issued to the next lowest responsive responsible bidder.

7) Protests

a) If any bidder, prior to the award of Agreement, files a written protest with the Department of General

Services, Office of Legal Services (DGS/OLS), 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 or Email at OLSProtests@dgs.ca.gov and the California Department of Veterans Affairs on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

b) Within five (5) days after filing the initial protest, the protesting bidder shall file with the DGS and the awarding agency, a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite #7-330, West Sacramento, CA 95605 and Email at OLSProtests@dgs.ca.gov. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

8) Disposition of Bids

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

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

9) Agreement Execution and Performance

a) The successful bidder(s) shall enter into an Agreement with CalVet prepared on a State of California

Standard Agreement (STD 213 form, sample attached) and shall include Exhibits A Scope of Work, B Budget Detail and Payment Provisions, B-1 Rate Sheet, D Special Terms and Conditions, and E Public Works Provisions. The approval of an Agreement is contingent upon timely receipt and the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, permits and other required documents.

b) This Agreement is not valid unless and until approved by DGS or, under its delegated authority, CalVet.

CalVet has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board.

When the Agreement is fully approved, a copy shall be forwarded to Contractor.

c) In the event the Bidder is party to an Agreement awarded in a prior CalVet bid for the same services and a contract award is made to Bidder as a result of this IFB, CalVet shall pay for services using rate(s) in the prior Agreement for the period of time up to and including the term end date of that Agreement. The only exception to this provision occurs when the rate(s) in a subsequent agreement is lower than those of the primary agreement; CalVet then has the sole right to determine which rate(s) will be applied.

d) In the event an awarded Contractor fails to commence work at the agreed upon time, CalVet, upon five

(5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to CalVet for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

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

D) SPECIAL PROGRAMS

1) Disabled Veterans Business Enterprise (DVBE) Program

a) DVBE Participation Program with Goal

The required DVBE participation goal for this IFB is three percent (3%).

b) It is the intent of the California Legislature that every State procurement authority honor California’s disabled veterans by taking all practical actions necessary to meet or exceed the Disabled Veteran Business Enterprise participation goal of a minimum of three percent (3%) of total contract value. The Disabled Veteran Business Enterprise (DVBE) Certification and Outreach Branch program was created for this purpose. Under Senate Bill 115, Section 999.5, an incentive program was established.

c) For instructions on how to document DVBE Program Requirements, please see Attachment entitled

California Disabled Veteran Business Enterprise Program Requirements.

d) DVBE Incentive: The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in Military and Veterans Code Sections 999 et seq., and Title 2, California of Regulations, Sections 1896.99 (2 CCR Section1896.99) et seq., to encourage bidders to partner with DVBE subcontractors.

The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. CalVet shall apply a DVBE Bid incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration, GSPD-05-105, and confirmed by the State. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

Any responsive and responsible bidder with the confirmed DVBE participation per the Table below is eligible to receive the incentive. Bidders who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

The following percentages will apply for awards based on low price:

Confirmed DVBE Participation of: DVBE Incentive Percentage:

5% or over 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 3%

0% to 2.99% inclusive No incentive and no Agreement – minimum 3% DVBE participation is required

Application of the DVBE incentive CANNOT displace a California Certified Small Business.

e) Contractor understands and agrees that should award of this contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

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

g) Pursuant to Government Code 14841, upon completion of the contract for which a commitment to achieve small business (SB) or DVBE participation was made, the contractor shall report to the awarding department the actual percentage of SB/DVBE participation that was achieved.

h) Withhold: Prime contractors (prime) must submit a complete and accurate Prime Contractor’s

Certification – DVBE Subcontracting Report (STD 817) – upon contract completion. Ten thousand dollars ($10,000) shall be withheld from the final payment, or full payment if less than $10,000, until contract manager(CM) receives an accurate and complete STD 817. (MVC §999.7)If prime fails to provide an accurate and complete STD 817, CM notifies prime and allows up to 30 calendar days for prime to remedy the situation. The withhold becomes permanent if the prime:

• Refuses to submit the STD 817;

• Fails to correct or complete the STD 817 within the 30-day deadline; or,

• Fails to make all payments due to the listed DVBE sub [MVC §999.5(d)(4)]

2) Small Business Preferences

a) Current law encourages state departments to first consider a Small Business Enterprise (Small)/ Micro-business Enterprise (Micro) for contracting opportunities. CalVet is committed to supporting Small/Micro business participation in state contracting and seeks to use certified Small/Micro businesses whenever possible. A Small/Micro business enterprise is defined as a business certified by the Office of Small Business and DVBE Services (OSDS) in which:

I) The principal office is located in California II) The officers are domiciled in California III) The business is independently owned and operated IV) The business, with any affiliates, is not dominant in its field of operation and:

(a) For Small Business, either:

(i) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $15,000,000 or less over the previous three years, or

(ii) The business is a manufacturer with 100 or fewer employees.

(b) For Micro Business, either:

(i) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $5,000,000 or less over the previous three years, or

(ii) The business is a manufacturer with 25 or fewer employees.

b) Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who qualify as a Small/Micro business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations Section 1896, et seq. A copy of the regulation is available upon request.

c) To claim the Small/Micro business preference, which may not exceed $50,000 for any bid, Bidder’s firm must have a completed application (including proof of annual receipts) on file with the DGS, Procurement Division, OSDS, by 5:00 p.m. on the date bids are opened, and receipt verified by such office. Therefore, if Bidder is a Small/Micro business, but is not certified, it is to Bidder’s advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small- Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program

d) If upon verification of Bidder’s Small/Micro business status it is determined Bidder is not a certified Small/Micro business enterprise, Bidder’s business shall be classified as a large business which shall preclude Bidder’s bid from receiving the five percent (5%) Small/Micro business preference.

e) Pursuant to Title 2, California Code of Regulations Section 1896, et seq., and Government Code Section

14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%) Small/Micro business subcontractor participation with one or more Small/Micro businesses. This preference is considered only if the tentative low bidder is not a certified Small/Micro business. In granting the Non-Small Business Subcontractor (NSBS) preference, no bid price shall be reduced by more than $50,000. This preference cost adjustment is for computation purposes only and does not alter the actual cost offered by Bidder. To be eligible for the NSBS preference, the business must complete the following forms:

I) Non-Small Business Subcontractor Preference Request II) Small Business Subcontractor/Supplier Acknowledgement

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

(NVSAs) claiming Small/Micro business preference and verified as such in the relevant category or business type, shall be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro business. In granting Small/Micro business preference to NVSAs, no bid shall be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by Bidder. To be eligible for the NVSA Small/Micro business preference, the business concern must:

I) Request preference at the time of bid submission; and II) Have a completed application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

E) REQUIRED DISCLOSURES

1) Commercially Useful Function

If Bidder is a California certified small business in accordance with Government Code Sections

14837(d)(1)(2), Bidder must address specific aspects of the legislation that requires certified small businesses to perform a commercially useful function as defined in Government Code Sections

14837(d)(4)(A)(B). A Commercially Useful Function Certification (CUF) form is attached to this solicitation.

2) Darfur Contracting Act

Effective January 1, 2009, contracts for Non-Information Technology (Non-IT) goods or services must address the requirements of the Act. The Act was passed to preclude State agencies generally from contracting with “SCRUTINIZED” companies that do business in the African nation of Sudan (of which the

Darfur region is a part), for the reasons described in PCC Section 10475.

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program

A SCRUTINIZED company is a company doing business in Sudan as defined in PCC Section 10476.

SCRUTINIZED companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a

State agency for Non-IT goods or services (PCC Section 10477(a)). PCC Section 10478(a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a SCRUTINIZED company in order to submit a bid or proposal to a State agency. A SCRUTINIZED company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the DGS according to the criteria set forth in PCC Section 10477(b).

3) Contractor Certification Clauses

The Contractor Certification Clauses (CCC) may be downloaded from the Internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language An original, signed copy of page 1 must be submitted with the bid.

Failure to submit a signed CCC shall delay approval of this Agreement.

4) Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic

Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of

Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State

5) Generative Artificial Intelligence (GenAI) Disclosure Notification

“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.

Bidders/Proposers/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder/Proposer/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Proposer/Offeror GenAI Disclosure & Factsheet 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.”

F) REQUIRED ATTACHMENTS

All required documents are listed on Attachment 1, Bidder’s Checklist, and must be included when submitting a bid.

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

2. The term of this Agreement is:

SAMPLE

SAM

PLE

California Department of Veterans Affairs Agreement Number: 23CS0035 Exhibit A - Scope of Work TBD

WALK-IN FREEZER-DOOR REPLACEMENT SERVICES

1. INTRODUCTION/SERVICES

A. Contractor shall provide services, as specified, to California Department of Veterans Affairs, (CalVet).

Contractor shall provide services at the Veterans Home, (Home), located at 700 East Naples Court, Chula Vista CA 91911. Contractor shall provide all labor, materials, staff, transportation, license, permits and every other item of expense necessary, unless otherwise stated, to provide walk-in freezer-door replacement services. Services shall be provided at the Home, upon request and in compliance with terms of this Agreement.

B. All work shall be coordinated and approved by Contract Manager or designated representative. Services shall be performed during standard business hours 8:00 a.m. to 4:00 p.m., Monday through Friday unless otherwise specified. No work is to be performed on State holidays or on an overtime basis unless prior approval is received in writing from the Contract Manager, prior to this work taking place. Any and all services performed outside the scope of this Agreement or not approved by the Contract Manager, or designated representative, will be at the sole risk and expense of the Contractor.

C. Provider must be able to perform the tasks associated with providing services under the scope of their license. Contractor will provide services in accordance with federal and state laws and regulations and CalVet policies.

D. The Contractor is not authorized to deliver or commence performance of services as described in the

Agreement until written approval has been obtained from CalVet Contract Manager and the Contractor has received an executed contract from CalVet. Any delivery or performance of service commenced prior to the Contractor obtaining all written approvals shall be considered voluntary on the part of the Contractor.

2. EQUIPMENT

A. The following equipment is included in this Agreement:

Walk-in Freezer Manufacturer: Kool Star Model: N/A Serial Number: 8081 WP-F Door Dimensions: 78” H x 38” W

3. MINIMUM QUALIFICATIONS

All service performed under this Agreement shall be performed by qualified service technicians in the employ or under the direction of the Contractor.

Contractor shall provide a service technician who is factory-trained on the equipment specified in this Agreement. Contractor shall provide the State with proof of the required training for each service technician providing services under this Agreement. Acceptable proof may be a resume showing experience, training and factory school completion.

4. CONTRACTOR’S RESPONSIBILITIES

The Contractor shall provide the following services:

A. The Contractor shall remove old walk-in freezer-door panel and threshold and replace with same.

B. Contractor shall purchase and provide a stainless-steel door panel with door, a threshold, a door seal, thermometer, two (2) light switches, a heavy vent port and a 2-foot diamond kick plate on the interior and exterior of the walk-in freezer door.

C. The door as installed by the Contractor, shall be of flush mount design, stainless steel with 2-foot thread plate from the floor upward, both inside and outside of the walk-in freezer-door.

D. The door as installed by the Contractor shall be self-closing and have a heavy-duty hydraulic door closer that shall close the door easily and without assistance and shall have two (2) chrome plated hinges three

(3) stainless steel door jambs, a heavy-duty steel door frame and chrome-plated and inside safety release.

E. The door as installed by the Contractor, shall bear width to be 38” inches and shall be hinged on the left side of the freezer as faced. The door frame is to have an exterior and an interior light switch and an automatic door closer. The exterior light switch shall be installed on the outside right frame. The interior light switch shall be installed on the same side as the exterior light switch.

F. The Contractor shall replace tiles and grout under the threshold and install new panel with door after tiles are dry. Replacement tiles and grout as installed by the Contractor shall be like-for-like in size, shape and color to existing tile and grout as approved by the Contract Manager.

G. The Contractor shall hook up all door related electrical components that are needed to restart / run the freezer and shall follow all proper lock out and tag out procedures.

H. The Contractor shall provide a freezer rental-truck for the duration of the repair as directed by the Contract Manager or designee. The truck shall be set up by the Contractor to maintain the frozen food in a frozen state and shall be parked at the Home while the Contractor maintains fuel-levels to keep the truck running and operational.

I. The Contractor staff shall wear proper Personal Protective Equipment (PPE) while services are performed in the kitchen area.

J. The Contractor shall install a plastic barrier to eliminate dust and the barrier shall be kept up during the duration of the repair.

K. The Contractor shall remove and dispose the old walk-in freezer-door and any material associated with the removal of the door.

L. The Contractor shall remove all trash and scrap from the job site daily.

M. The Contractor shall perform a final walk through with the Contract Manager or designee, once the work has been completed and shall make any adjustments needed to ensure the unit is fully functional.

5. DAMAGES

The State does not have responsibility for loss or damage to the rented equipment arising from causes beyond the control of the State to include any provision obligating the State to return the equipment in good condition, subject to reasonable wear and tear.

The State does not elect to maintain the equipment and the contract will place the obligation on the contractor, as lessor, to keep the equipment in good working order and to make all necessary repairs and adjustments without qualification, with a clear right in the State to terminate or cease paying rent should the contractor fail to maintain the equipment properly. For this purpose, the contractor’s representatives shall be given full and adequate access to the equipment at reasonable times.

6. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

A. Contractor must be licensed to conduct business in California.

B. Contractor shall ensure all licenses, permits, and certification requirements are verified and current throughout the term of this Agreement.

C. Contractor shall possess a valid B-General Building Contractor License with proof of valid C-38 Refrigeration Contractor (for self / sub-contractors) issued by the Contractors State License Board (CSLB) or the Contractor shall possess a valid C-38 Refrigeration Contractor licenses issued by the CSLB.

7. PARTS REPLACEMENT

This Agreement shall include replacement of any part that becomes worn or inoperable, or that otherwise affects the equipment's operability in any way. A written estimate of the required part(s) must be submitted to the CalVet Contract Manager and approved before replacement in all cases. Parts replaced under this Agreement shall be new, factory manufactured, or exceeding Original Equipment Manual (OEM) specifications. Contractor should maintain an adequate supply and/or must be able to obtain within a reasonable amount of time any necessary replacement parts to perform repairs and maintenance in a timely manner. Consumables and other supply items are hereby excluded.

When parts are needed, the Contractor will be reimbursed for the actual cost of the parts plus 10%, plus actual shipping charges and taxes paid by the contractor to obtain the parts. Proof of cost, such as a copy of the actual invoice for the parts from the business from which it was purchased must be attached to the Contractor's invoice for reimbursement.

Any parts replaced shall remain the property of the Home. The only exception is when the CalVet Contract Manager authorizes the Contractor to use the part(s) as a refund for “core” charges. If the Contractor is authorized to use the part for “core” exchange, the invoice must reflect the reduced cost of the parts based on “core” exchange value.

The State assumes no responsibility and shall not reimburse the Contractor for parts ordered by the Contractor and/or labor if the part was installed prior to authorization by the CalVet Contract Manager.

Contractor shall be responsible for the replacement of parts necessitated by the Contractor’s negligence at no expense to the State.

8. WORK AREA

While working on equipment, Contractor agrees to perform services with as little disruption to the State’s operations as possible.

9. WORKMANSHIP

All work provided by the Contractor shall conform to the latest requirements of Federal, State, City and County regulations. This includes but is not limited to Titles 17, 19 and 22 of the California Code of Regulations.

Contractor is responsible for compliance with all applicable laws, codes, rules and regulations on connection with work performed under this Agreement. Any services performed by the Contractor will be inspected by the State after completion. The State is solely responsible for determining acceptability of the work performed and the operability of the equipment.

10. INDEPENDENT CONTRACTOR STATUS

A. The Contractor/Providers shall be considered “Independent Contractors” in relation to CalVet and the State. Therefore, the Contractor/Providers shall not be considered employee(s) of the Home and shall not be entitled to any employee benefits from the CalVet or the State including, but not limited to, the following:

1. Premium Pay, Overtime Pay, or Holiday Pay

2. Medical Insurance

3. Vacation or Sick Leave

4. Worker’s Compensation

5. Other employee benefits

11. CONTACT INFORMATION

A. The project representatives during the term of this Agreement will be:

1. CalVet Representative/Contract Manager:

Chula Vista California Veterans Home Attn: TBD 700 East Naples Court Chula Vista CA 91911 Phone: TBD Email: TBD

2. Contractor Representative:

TBD

Attn: TBD Address: TBD Phone: TBD Email: TBD

B. Contract Representatives, addresses, and phone/fax numbers may be changed by issuing a 20-day prior written notification and shall not require a formal amendment to this Agreement. The notifying party shall provide complete contact information for the replacement Contract Representative including, name, title, mailing address, phone/fax numbers, and email address. All other changes require a formal written amendment to this Agreement.

Exhibit B - Budget Detail and Payment Provisions TBD

1. STANDARD BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment

1. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for services rendered in accordance with the rates in Exhibit B-1.

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

Original Invoice Approval Copy

CalVet Accounting Office 1227 “O” Street Room 402 Sacramento, CA 95814 APInvoices@calvet.ca.gov

Chula Vista California Veteran’s Home Attn: TBD 700 East Naples Court Chula Vista CA 91911

B. Budget Contingency Clause

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

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

C. Prompt Payment Clause

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

2. SPECIAL BUDGET DETAIL AND PAYMENT PROVISIONS

Submissions of Invoices/Claims

A. All invoices/claims must be completed thoroughly and legibly, with all applicable fields completed.

Invoices/claims that are submitted to the appropriate location but have been altered, or are inaccurate, or do not provide all necessary information will not be accepted and will be returned to the Contractor for correction.

B. Any changes to this provision relating to the invoice/claim submittal process, including but not limited to an address, form, or process change, shall be an administrative change managed through the appropriate designated CalVet office and shall not require a contract amendment.

C. Contractor shall submit monthly invoices to the CalVet Contract Manager for approval and processing. Invoices/claims submitted shall include the following information in order to be considered complete and acceptable for processing, or the invoice/claim will be returned:

1) Contractor’s Company name exactly as it appears on the Payee Data Record (STD.204)

2) Contractor’s Company address, phone number and e-mail

3) Date of invoice/claim

4) Invoice/claim number

5) CalVet location where services were performed

Exhibit B - Budget Detail and Payment Provisions TBD

6) Contract/Agreement Number

7) Date(s) of Service

8) Total dollar amount being billed

9) First and Last name of Contractor or Provider performing services, if applicable

10) Contractor’s or Provider’s Classification, whichever is applicable

3. CONTRACTOR OVERPAYMENTS

A. If the State determines that an overpayment has been made to the Contractor, the State will seek recovery immediately upon discovery of the overpayment by: (a) calling the Contractor’s accounting office to request a refund of the overpayment amount, or (b) offsetting subsequent Contractor payments by the amount of the overpayment if Contractor repayment or credit is not received within thirty (30) days from the date of notice.

B. If Contractor discovers it has received an overpayment, Contractor must notify the State and refund the overpayment immediately.

Exhibit B-1, Rate Sheet TBD

RATE SHEET

The Contractor must be able to provide the services listed below. Subcontractors may be used to comply with this requirement. Subcontractor Agreements may be used to comply with this requirement. Subcontractor(s) information must be identified on Bidder Declaration (GSPD-05-105). If additional Subcontractors are added during the term of the Agreement, an updated GSPD-05-105 must be submitted.

The rates listed below are in effect for the term of the Agreement, including any extension of the term through an amendment.

Description Cost

All-inclusive labor, tools, equipment and material needed to replace one (1) each Walk in Freezer door, assemblies and related parts.

$TBD

All-inclusive labor, tools, equipment and material needed for one (1) each Freezer truck rental during the entire duration of the repair.

$TBD

All-inclusive labor, tools, equipment and material needed to replace tile and grout.

$TBD

Exhibit D – Special Terms and Conditions TBD

1. EXCISE TAX

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

2. STATUTORY AND REGULATORY PROVISIONS

A. This Contract shall be governed and construed in accordance with all applicable statutory and regulatory provisions including, but not limited to:

1) Title XVIII of the Federal Social Security Act

2) Title XIX of the Federal Social Security Act

3) Chapters 7 and 8 (commencing with Section 14000), Part 3, Division 9, Welfare and Institutions Code

4) Division 3, Title 22, California Code of Regulations (CCR)

5) Health and Safety Code Section 1340 et seq.

6) All applicable Federal provisions which regulate the administration of health care programs and budget revisions, as contained in the Code of Federal Regulations (CFR), Title 42, and Title 45, Part 74, Title 42 United States Code, Sections 1395 et seq. and 1396 et seq.

7) Sub-chapter 13 (commencing with Section 6800), Chapter 4, Part 1, Title 17, CCR; and

8) All other applicable laws and regulations.

B. Any provision of this Contract in conflict with the applicable laws and regulations is hereby amended to conform to the provisions of those laws and regulations. Such amendment of the Contract shall be effective on the effective date of the statutes or regulations necessitating it, and shall be binding on the parties even though the amendment may not have been reduced to writing and formally agreed upon and executed by the parties. If, due to amendment in laws of regulations, Contractor is unable or unwilling to comply with the provisions of the amendment(s), State or Contractor may terminate this Contract in accordance with the Termination provision of this Contract.

3. EXAMINATION AND AUDIT

A. Contractor shall allow the State and its related entities, the Comptroller General of the United States, Department of Justice (DOJ), and the Bureau of Medi-Cal Fraud, or their duly authorized representatives, to inspect or otherwise evaluate the quality, appropriateness, and timeliness of services performed under this Contract, and to inspect, evaluate, and audit any and all books, records, and facilities maintained by the Contractor and Subcontractors pertaining to services under this Contract at any time during normal business hours.

B. Contractor shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under this Contract in accordance with Government Code, Section 85467.7. The examination and audit shall be confined to those matters directly connected with the performance of the contract, including, but not limited to, the costs of administering the Contract.

C. Books and records include, but are not limited to, all physical records originated or prepared pursuant to the performance under this Contract, including working papers, reports, financial records, and books of account, Medical Records, prescriptions files, Subcontracts, and any other documentation pertaining to medical and non-medical services for residents of the Home. Upon request, at any time during the term of this Contract, the Contractor shall furnish any record or copy.

4. RESOLUTION OF DISPUTES

A. The Contractor may dispute and appeal a decision or action by the State arising out of the Interpretation or administration of this Contract. A written dispute notice shall be submitted to the Contract Manager within thirty (30) calendar days from the date the Contractor receives notice of the decision or action in dispute.

The Contractor’s dispute notice shall state the following, based on the most accurate information available to the Contractor:

1) That it is a dispute pursuant to this Section.

2) The date, nature, and circumstances of the conduct, which is the subject of dispute.

3) The names, telephone numbers, function, and activity of each contractor, subcontractor, State official, or employee involved in or knowledgeable about the conduct.

4) The identification of any documents and the substance of any oral communications involved in the conduct. Copies of all identified documents shall be attached.

5) The reason why the Contractor is disputing the conduct.

6) The cost impact to the Contractor directly attributable to the alleged conduct, if any.

7) The Contractor’s desired remedy.

B. The State and…