IFB_24-004_Armored_Vehicle_Services_Eureka.pdf

February 19, 2025

INVITATION FOR BID

NOTICE TO PROSPECTIVE BIDDERS

You are invited to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with the instructions and requirements found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions that may be viewed at Internet site http://www.dgs.ca.gov/ols/Resources. If you do not have Internet access, a hard copy can be provided by contacting the person listed below via email.

In the opinion of the California Department of Cannabis Control, this IFB is complete and without need of explanation. However, if you have questions or need any clarifying information, please contact the person listed below.

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

All bids shall include the documents identified on the attached checklist entitled “Required Documents” on page 18 and acknowledge and meet the deliverables listed on pages 3 through 6. Proposals not including the required documents and deliverables shall be deemed non-responsive.

Questions regarding this IFB must be submitted via email to Ha Dang at ha.dang@cannabis.ca.gov. Question submissions are due no later than February 26, 2025 at 2:00 PM. Questions submitted will be answered via an addendum to the solicitation.

Ha Dang Acquisitions Analyst Acquisitions Unit Administrative Division

(916) 251-4578 ha.dang@cannabis.ca.gov

California Department of Cannabis Control ● 2920 Kilgore Road ● Rancho Cordova, California 95670 State of California Telephone: 844-612-2322 ● email: info@cannabis.ca.gov ● www.cannabis.ca.gov Gavin Newsom, Governor http://www.dgs.ca.gov/ols/Resources http://www.dgs.ca.gov/ols/Resources mailto:ha.dang@cannabis.ca.gov mailto:jort.lijklema@cannabis.ca.gov mailto:ha.dang@cannabis.ca.gov mailto:info@cannabis.ca.gov http://www.cannabis.ca.gov/

Table of Contents

SECTION PAGE(S)

1. Description of Services 3-6

2. Bidder Minimum Qualifications 6

3. Bid Requirements and Information A. Key Action Dates 6-7

B. Contract Period 7

C. Submission of Bid 7-8

D. Evaluation and Selection 8

E. Award and Protest 8-9

F. Disposition of Bids 9

G. Agreement Execution and Performance 9

H. Termination 9

I. Preference Programs and Participation Requirements 9-11

Additional Provisions 12-17

Required Documents 18

Attachments A - Cost Proposal 19

B - CCC-4/2017 20-22

C - Contractor Status Form 23

D - Disabled Veteran Business Enterprise Declarations, Std. 843 24-29

E - Bidder Declaration, GSPD-05-105 30-32

F - Commercially Useful Function 33-34

G - Postconsumer-Content Certification 35-36

H - Darfur Contracting Act Certification 37

I - California Civil Rights Laws Attachment 38

J – GenAI Reporting and Factsheet, Std. 1000 39-41

Sample Contract Package 42-50

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB # 24-004

Armored Vehicle Services

1. Description of Services

Contractor agrees to provide to the Department of Cannabis Control (DCC) the services described herein.

The Department of Cannabis Control (DCC) is requesting armored car services for the secure transportation of cash collected at the DCC's Eureka office location. The selected contractor will be responsible for ensuring the safe and timely pickup and delivery of cash to a state authorized financial institution or processing center, in this case Wells Fargo’s cash vault.

*** The banking institution may change to an alternative institution within Eureka city limits.

A. CONTRACTOR SHALL:

The contractor shall provide armored car services in accordance with the following:

1. Cash Pick-up: The Contractor shall provide daily cash pickup services from the Department’s Eureka office, currently located at 930 6th Street, Eureka, CA 95501. Pickup days shall exclude weekends and state holidays (as listed).

a. Contractor shall agree to wait at least five (5), but no more than ten (10) minutes for any pick-up. Time begins from the moment the Contractor notifies DCC of their arrival. If wait time exceeds the time stated herein, it is agreed that the Contractor may leave and that such departure shall not be a breach of this agreement. DCC shall call and request a new service call be made by the Contractor subsequent such departure.

2. Security Requirements: The Contractor shall ensure that all personnel involved in cash pickups are trained in proper security protocols and carry the necessary credentials. The Contractor must ensure compliance with security standards sufficient for the specified line of work.

3. Cash Transport and Delivery: The Contractor shall transport the collected cash in a secure manner, utilizing armored vehicles with enhanced security and ballistic protection. Upon delivery, the Contractor will collect a record of deposit from the financial institution or processing center verifying the cash deposit.

4. Emergency Services: In the event of a security incident or other emergency during the pickup or transport of cash, the Contractor shall promptly notify the Division Contract Manager no later than twelve noon (12:00 p.m.) Pacific Time the next business day by phone and email.

5. Performance Standards

The Contract must meet the following performance standards:

a. Timeliness: All pickups must occur on the scheduled date and within the agreed time window unless an alternative is agreed upon between the vendor and DCC.

b. Security Compliance: All security measures must comply with state and federal regulations.

Services to be Performed

1) Provide all labor, equipment, materials (except for money bags), and supervision to perform the services outlined in this Scope of Work.

2) Pick up locked money bags Wednesdays and Fridays (except for emergency pick-up arrangements made between the vendor and DCC), between the hours of 9:00 AM – 3:00 PM, excluding State and Federal holidays, for a 5:00 PM delivery no later than one

(1) business day after pick-up to the Wells Fargo cash vault. Pick up from the following location:

DCC Eureka Office 930 6th Street Eureka, CA 95501

*** This location may change to an alternative address within Eureka city limits.

*** The banking institution may change to an alternative institution within Eureka city limits.

3) Acknowledge that time is of the essence and the State of California receives interest on funds for the day of Contractor’s pick-up service solely if the State’s funds are delivered and deposited to the appropriate bank location within the same day of pick-up service.

Funds shall be delivered by the Contractor to the appropriate bank location or vault by no later than 5:00 PM one (1) business day from the date of the pick-up service, or other mutually agreed upon timeframe.

Timeframes Office Location Pick-up Days Pick-up Time Delivery Time

Eureka regional office Wednesday & Friday

9:00 AM–3:00 PM By 5:00 PM one (1) business day after pick-up

Date Holiday January 1st New Year’s Day* 3rd Monday in January Martin Luther King, Jr. Day 3rd Monday in February President’s Day March 31st Cesar Chavez Day* Last Monday in May Memorial Day July 4th Independence Day* 1st Monday in September Labor Day November 11th Veteran’s Day** 4th Thursday; adjacent Friday in November

Thanksgiving

December 25th Christmas Day*

* If any of these holidays occur on a Saturday, the holiday is not observed via the closing of state offices during the week.

If any of these holidays occur on a Sunday, the holiday is observed on the next day (Monday).

** If Veteran’s Day occurs on a Saturday, the holiday is observed on the preceding Friday. This is the only exception to the Saturday Holiday Rule above.

If this holiday occurs on a Sunday, the holiday is observed on the next day (Monday).

4) Promptly notify the Division Contract Manager and arrange an alternative pick-up time, that is mutually agreed upon, in the event Contractor, despite its best efforts and due to unforeseen circumstances not within its control, is unable to provide pick-up service within the specified time frame.

5) Agree to wait at least five (5), but no more than ten (10) minutes for any pick-up. Time begins from the moment the Contractor notifies DCC of their arrival. If wait time exceeds the time stated herein, it is agreed that the Contractor may leave and that such departure shall not be a breach of this agreement. DCC shall call and request a new service call be made by the Contractor subsequent such departure. By requesting an additional service call, DCC agrees to pay the rate listed in Exhibit B, budget Detail, and such charges will be in addition to regular services.

6) In the event Contractor, despite its best efforts and due to unforeseen circumstances not within its control, is unable to provide pick-up or delivery service within the specific timeframe, Contractor shall promptly notify the Division Contract Manager no later than twelve noon (12:00 p.m.) Pacific Time the next business day by phone and email and Contractor shall arrange an alternative pick-up or delivery time that is mutually agreed upon at no additional cost to the Department.

7) Ensure items for pick-up and delivery include sealed security bags that contain cash and checks.

8) Verify each security bag with the items listed prior to signing and dating the receipt of acceptance. The Contractor must verify each item and sign a receipt declaring the listed bags have been received in good condition with seals intact prior to leaving DCC.

The Contractor shall take the original and two copies of the receipt. The Customer Receipt copy is to remain in the receipt book maintained by DCC.

9) Deliver said package to the consignee and obtain the consignee’s signature declaring the listed bags have been received in good condition with seals intact. The original receipt shall remain with the delivered bags for the bank’s records. The Contractor shall provide any consignee with reasonable time to inspect any shipment at no additional cost to DCC. The consignee must immediately note, in writing, any evidence of tampering with or damage to the sealed bag(s) on the Contractor’s receipt document.

The parties agree that the Contractor’s receipt document shall be deemed the sole controlling document with respect to all services rendered, including, without limitation, deposits delivered and received, timing, losses, shortages, overages, investigations, claims or litigation.

10) Occasionally be required to pick up deposits from DCC at an alternate time. If DCC does not request an alternate pick-up time within four (4) hours of the regular scheduled pick-up time, the Contractor shall be given an hour to arrive and DCC may be charged a “miscellaneous pick up” fee.

11) Furnish, at all times, the most expeditious and efficient service possible. However, Contractor shall not be liable for nonperformance or delay not caused by its fault or neglect, or in the case the same is caused by strikes, riots, acts of God, or means beyond its control; but Contractor shall be responsible and liable for any loss of property which it receives in accordance with the agreement, not exceeding the above limits.

12) Provide DCC a detailed description of its security process for picking up DCC’s deposits and for identifying their courier staff. The security process shall be mutually agreed upon between the contractor and DCC if the contractor would like to make change(s) to the security process during the term of the agreement. The Contractor must notify DCC and secure prior written approval for the change(s) before implementing the new security processes.

13) Be responsible to obtain and maintain all taxes, insurance, licenses, bonds, permit fees and other costs incidental to the performance of these services.

14) Invoice for actual services rendered, not more often than monthly in arrears.

15) Provide a move representative to coordinate and speak directly with DCC’s facilities’ representative staff for planning and scheduling purposes.

B. DCC SHALL:

DCC shall be responsible for the following under this Agreement:

1) Provide security bags for transporting cash and checks.

2) Place cash and checks in sealed packages or containers, of a type and design mutually agreed upon by DCC and the Contractor, which clearly and distinctly indicates the name of the consignor, the name of the consignee, and the date. DCC shall complete a receipt in the receipt book provided by the Contractor, which indicates the name and address of DCC (consignor) as the shipper and indicates the bank name (consignee) for delivery to. The completed receipt will specify the contents of each security bag referenced by the preprinted serial number and the value contained in each bag. DCC agrees that the Contractor, its agents or employees, shall have the right to refuse to pick up shipments of property that are not properly sealed and marked as set forth above; and that the Contractor assumes no liability for any damages or lock which may result as a consequence of such refusal to make a pick-up.

2. Bidder Minimum Qualifications

Bidders are required to have been in the armored vehicle transport business for the last three (3) years.

The Contractor shall perform a commercially useful function relevant to this solicitation and provide services or goods that contribute to the fulfillment of the contract requirements. To be considered, the contractor/subcontractor must meet the following criteria:

a. Is responsible for the execution of a distinct element of the work of the contract.

b. Carries out the obligation by actually performing, managing, or supervising the work involved.

c. Performs work that is normal for its business services and functions.

d. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

e. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering installing, if applicable, and making payment.

A contractor, subcontractor, or supplier will not be considered to perform a Commercial Useful Function if the contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed through solely to be qualified to submit a proposal or awarded the contract.

3. Bid Requirements and Information

a. Key Action Dates

It is recognized that time is of the essence. All bidders submitting bids are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

• IFB available to prospective bidders ............................................... February 19, 2025

• Emailed questions must be received by 2:00 PM............................. February 26, 2025

• Response to Written Questions no later than 5:00 PM ....................March 26, 2025

• Final Date for Bid Submission no later than 5:00 PM ....................... April 2, 2025

• Opening of Cost Proposal ................................................................ April 2, 2025

• Expected Start Date of Contract ...................................................... July 1, 2025

• Notice of Proposed Award Date to occur 1-5 workdays after “Opening of Cost Proposal”

b. Contract Period

The term of this agreement is July 1, 2025 through June 30, 2028.

c. Submission of Bid

i. Bids must be submitted via email to Ha.Dang@cannabis.ca.gov. The subject line of the email must read as follows: Bid Number, Your Organization’s Name. All bid documents must be in PDF format. AS the identified point of contact, please obtain acceptable e-signature(s) from your company’s authorized representative. Acceptable forms of e-signature include:

1. Scanned “Wet” Signature: Print and sign document(s) in ink, then scan an electronic copy in PDF format.

2. “Type” Signature: If the signature field of the document is editable (e.g. the signature feature in Adobe Acrobat), then a typed signature is acceptable.

Avoid late submittals due to computer glitches or other technical issues that may arise by submitting documents early.

ii. Bids will not be accepted from Expatriate Corporations, and bids from primes subcontracting with Expatriate Corporations will not be accepted.

iii. If the bid is made under a fictitious name or business title, the actual legal name of the proposer must be provided.

iv. All bids shall include the documents identified on the attached checklist entitled “Required Documents” on page 16. Proposals not including the required documents shall be deemed non-responsive.

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

vi. 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. DCC may waive any immaterial deviation in a bid. DCC’s mailto:Ha.Dang@cannabis.ca.gov 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 agreement.

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

viii. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

ix. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting anew bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

x. A bidder may withdraw its bid by submitting a written withdrawal request to DCC, signed by the bidder or an authorized agent of their firm. Bids may not be withdrawn without cause after the bid submission deadline.

xi. DCC may modify this IFB prior to the date fixed for submission of bids by posting an addendum with the original advertisement on Cal eProcure.

xii. DCC reserves the right to reject any and all bids. DCC is not required to award an agreement.

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

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

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

xvi. Questions regarding this IFB must be submitted to Ha Dang, ha.dang@cannabis.ca.gov.

d. Evaluation and Selection

i. At the time of bid opening, each bid will be checked for the presence or absence of required information conformance with the submission requirements of this IFB.

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

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

iv. Award, if made, will be to the lowest responsive and responsible bid, in accordance with the “Best Value” methodology.

e. Award and Protest

i. 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 email, electronic facsimile transmission, overnight courier, or personal delivery (five) working days prior to the award of the agreement.

mailto:ha.dang@cannabis.ca.gov.

ii. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least (five) working days prior to awarding the agreement.

iii. If any bidder, prior to the award of agreement, files a protest with the Department of General Services (DGS), Office of Legal Services, and the DCC on the grounds that the (protesting) bidder is the lowest responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter.

iv. Within (five) days after filing the initial protest, the protesting bidder shall file with the DGS and the DCC a detailed written statement specifying the grounds for the protest. The written protest must be sent to the DGS, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written protest should be mailed to DCC, Acquisitions Unit, 2920 Kilgore Road, Rancho Cordova, CA 95670. It is suggested that you submit any protest by certified or registered mail.

f. Disposition of Bids

i. 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.

ii. Copies of the bid packages may be returned only at the bidder's expense unless such expense is waived by the DCC.

g. Agreement Execution and Performance

i. Service shall be available no later than (30) days, or on the express date set by the DCC and the Contractor, after all approvals have been obtained and the agreement is fully executed.

Should the Contractor fail to commence work at the agreed upon time, the DCC, upon (five) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

ii. All performance under the agreement shall be completed on or before the termination date of the agreement.

1. The State does not accept alternate contract language from a prospective contractor. The State’s General Terms and Conditions are not negotiable.

(See sample Standard Agreement attached hereto).

h. Termination

The DCC has the authority and express right to terminate any Agreement awarded under this IFB at any time during the term of the Agreement for any reason or if the DCC finds that the Contractor's work is negligent, not satisfactory, or not in accordance with the Agreement requirements.

i. Preference Programs and Participation Requirements

Information, requirements, and forms for the preference programs listed below can be found at the Internet websites listed.

Note: These documents may not be required in all bid packages. Refer to Required Documents for documentation required by this IFB.

https://california.public.law/codes/ca_gov%27t_code_section_6251

i. Certified Small Businesses and Microbusinesses Certification Benefits – Certified Small Businesses or Microbusinesses can claim the five percent (5%) preference when submitting a bid on a State contract. You must provide a copy of the official Certification letter along with your bid.

For information on small business and micro business certification benefits refer to the following DGS Website – https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business- Enterprise and click on “Small Business.”

ii. Target Area Contract Preference Act (TACPA) – Request Target Area Contract Preference

iii. Disabled Veteran Business Enterprise (DVBE)

iv. DVBE Bid Incentive

Please look carefully at box (a) in this section. If the box is checked, you must respond accordingly to the instructions in this section for your bid to be considered responsive.

1. Full Participation Requirements - Requirements are waived for this proposal.

This IFB has full participation goals for the Disabled Veteran Business Enterprise (DVBE) Program of (three) percent of the total bid cost. Bidders must meet the DVBE requirements in order to be considered a responsive bidder and be considered for contract award. Failure to meet the (three) percent goal will result in your bid being rejected. A copy of the DGS DVBE Certification letter must be included with your bid.

If the “Full Participation Requirement" box is checked, you will need to complete and comply with the attached form (Rev. 9/2009) titled “California Disabled Veteran Business Enterprise (DVBE) Program Requirements,” and include it with your Bid.

Specific information regarding the form (Rev. 9/2009), “California Disabled Veteran Business Enterprise (DVBE) Program Requirements,” can be found at the following website:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Certify-or- Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

If for this agreement contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and

(5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid 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.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=tacpa https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

v. Recycled Content Certification

The State of California is required to purchase recycled content products (RCPs) rather than non- recycled products whenever price, quality, and availability are comparable. Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. These eleven product categories and their respective minimum recycled content requirements are outlined in Attachment G. Therefore, if two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.

In order to help state agencies, identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. A Postconsumer-Content Certification Form (CalRecycle 74) is provided in Attachment G for this purpose. Additional information regarding this program can be obtained at the following web site: https://www.calrecycle.ca.gov/StateAgency/.

https://www.calrecycle.ca.gov/StateAgency/

ADDITIONAL PROVISIONS

CONTRACT AND SUBCONTRACT COMPLIANCE REQUIREMENTS

The Contractor shall ensure its officers, agents and employees will fully cooperate with any/all investigations conducted by the Department of Cannabis Control’s Equal Employment Opportunity and Human Resources Offices and will require the same of any subcontractors or consultants used pursuant to this agreement.

UNFAIR PRACTICES ACT

Contractor hereby certifies that he/she will comply with the requirements of Section 17200 of the Business and Professions Code.

CONFLICT OF INTEREST

Contractor certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any personal financial interest or benefit which either directly or indirectly arises from this Agreement.

Contractor shall establish safeguards to prohibit its employees or its officers from using their positions for a purpose which could result in private gain, or which gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

LICENSE AND PERMIT REQUIREMENTS

The Contractor shall be an individual or firm properly licensed to do business in California in accordance with the laws of the State of California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this agreement.

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to the DCC a copy of your business license or incorporation papers for your respective state showing that your company is in good standing in that state.

In the event any license(s) and/or permit(s) expire at any time during the term of this contract, Contractor agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event.

Licensed contractors must observe professional standards for quality work, or the California Contractors State License Board will invoke disciplinary action.

Should the State of California determine that the work or materials provided vary materially from the specifications, or that defective work when completed was not performed in a workman like manner, then the Contractor warrants that he/she shall perform all necessary repairs, replacement and corrections needed to restore the property according to the agreement plans and specifications, all at no further or additional cost to the State of California.

DISPUTES

Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time (ten business days) by the Contractor and DCC Division Contract Manager normally responsible for the administration of this contract shall be brought to the attention of the Branch Chief of Operations or the designated representative and the Contractor for joint resolution.

INSURANCE REQUIREMENTS

Contractor shall comply with all requirements outlined in the (1) General Provisions section and (2) Contract Insurance Requirements outlined in this section. No payments will be made under this contract until contractor fully complies with all requirements.

1. General Provisions Applying to All Policies

a. Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten

(10) days prior to the expiration of this insurance. Any new insurance must comply with the original contract terms.

b. Policy Cancellation or Termination & Notice of Non-Renewal – Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the State.

New certificates of insurance are subject to the approval of the Department of General Services and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this contract upon the occurrence of such event, subject to the provisions of this contract.

c. Premiums, Assessments and Deductibles – Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program.

d. Primary clause – Any required insurance contained in this contract shall be primary and not excess or contributory to any other insurance carried by the State.

e. Insurance Carrier Required Rating – All insurance carriers must carry an AM Best rating of at least an “A- “with a financial category rating of no lower than VI. If the contractor is self-insured for a portion or all of its insurance, documentation of self-insurance must be submitted and approved by the Department of General Services, Office of Risk, and Insurance Management.

f. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

g. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligation under the contract.

h. Use of Subcontractors – In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, the contractor shall include all subcontractors as insured under Contractor’s insurance or supply evidence of subcontractor’s insurance to the State equal to policies, coverages and limits required of the Contractor.

2. Contract Insurance Requirements

Prime Contractor Insurance Requirements Contractor shall display on an Acord certificate of insurance evidence of the following coverages:

Commercial General Liability Insurance

Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s liability.

The policy must be endorsed to name The State of California, its officers, agents, employees, and servants as additional insureds, but only with respect to work performed under this contract.

Automobile Liability Insurance Contractor shall maintain automobile liability insurance for limits not less than $1,000,000 combined single limit.

Such insurance shall cover liability arising out of a motor vehicle owned, hired and non-owned vehicles.

Workers Compensation Insurance The Contractor shall have and maintain, for the term of this agreement, workers’ compensation insurance and shall furnish to the State a certificate of insurance evidencing workers’ compensation insurance and employer’s liability presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to underwrite workers’ compensation insurance in California. Such certificate shall include the name of the carrier, policy inception and expiration dates. If the Contractor is self-insured for workers’ compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California. By signing this agreement, the Contractor hereby warrants that its carriers workers’ compensation insurance on all of its employees who will be engaged in the performance of this agreement. If staff provided by the Contractor is defined as independent contractors, this clause does not apply.

The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract with the State. The waiver of Subrogation or Right to Recover endorsement in favor of the State of California must be attached to certificate.

Fidelity Bond/Crime Insurance – Contractor shall maintain Crime coverage in the amount not less than $2,000,000.00 protecting the money and securities of the State in their care, custody and/or control. Such coverage shall include at a minimum: employee theft, forgery or alteration, theft of money and securities – inside, theft of money and securities – outside. The policy shall list the State of California as Loss Payee.

Sub-Contractor Insurance Requirements Contractor shall display on an Accord Certificate of insurance evidence of the following coverages:

Commercial General Liability Insurance Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s liability.

The policy must be endorsed to name The State of California, its officers, agents, employees, and servants as additional insureds, but only with respect to work performed under this contract

Automobile Liability Insurance Contractor shall maintain automobile liability insurance for limits not less than $1,000,000 combined single limit.

Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non- owned motor vehicles.

Workers Compensation Insurance The Contractor shall have and maintain, for the term of this agreement, workers’ compensation insurance and shall furnish to the State a certificate of insurance evidencing workers’ compensation insurance and employer’s liability presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to underwrite workers’ compensation insurance in California. Such certificate shall include the name of the carrier, policy inception and expiration dates. If the Contractor is self-insured for workers’ compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California. By signing this agreement, the Contractor hereby warrants that its carriers workers’ compensation insurance on all its employees who will be engaged in the performance of this agreement. If staff provided by the Contractor is defined as independent https://agreement.if/ https://agreement.if/ contractors, this clause does not apply.

The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract with the State. The waiver of Subrogation or Right to Recover endorsement in favor of the State of California must be attached to certificate.

Fidelity Bond/Crime Insurance – Contractor shall maintain Crime coverage in the amount not less than $2,000,000.00 protecting the money and securities of the State in their care, custody and/or control. Such coverage shall include at a minimum: employee theft, forgery or alteration, theft of money and securities – inside, theft of money and securities – outside. The policy shall list the State of California as Loss Payee.

LIABILITY AND DAMAGES

The Contractor shall be liable for any damages by the Contractor or his employees to portions of buildings, premises equipment, furniture, material, or other DCC property. Damage resulting from the services provided will be repaired or items will be replaced by the Contractor to the satisfaction of the DCC at no expense to the DCC.

Any items lost or stolen while in the Contractor’s custody will be replaced by the Contractor at no expense to the

DCC.

QUALIFICATIONS

The prospective contractor must have the experience, qualifications, and resources to perform the work required by this agreement.

MULTIPLE CONTRACTORS

The DCC may undertake or award other contractors for additional work and the Contractor shall fully cooperate with other contractors and State employees.

SUBCONTRACTORS

Contractor shall obtain prior approval from DCC before hiring subcontractors, consultants, or both. The total amount of all subcontracts shall not exceed $50,000 or 25% of the total amount of the contract, whichever is less, unless the Contractor can provide certified documents that award was made through a competitive bidding process requiring at least three bids from responsible bidders.

All subcontractors identified shall be experts in their respective disciplines and capable of performing the tasks for which they were hired. Subcontractors shall have extensive experience in their area of expertise, with particular emphasis on prior experience on similar programs or projects that clearly illustrate their expertise in areas essential to the DCC.

The Contractor must use the Small Business and/or Disabled Veterans Business Enterprise (DVBE) subcontractor(s) identified in the Small Business/DVBE Participation Summary submitted with the bid unless the Contractor requests substitution in writing to the DCC prior to the subcontractor performing any work and the DCC approves such substitution.

POTENTIAL SUBCONTRACTORS

Nothing contained in this agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder.

The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to the subcontractor.

PRIORITY HIRING CONSIDERATIONS

The contractor is hereby advised that it will be obligated to give priority consideration in filling vacancies in positions funded by the resulting Agreement to qualified recipients of and under Welfare and Institutions Code Section 11200. This requirement shall not interfere with or require a violation of a collective bargaining agreement, a federal affirmative action obligation for hiring disabled veterans of the Vietnam era or nondiscrimination compliance laws of California and does not require the employment of unqualified recipients of aid.

FORCE MAJEURE

Except for defaults of any subcontractors, neither party shall be responsible for any delay in or failure of performance from acts beyond the control of the offending party. Such acts shall include, but shall not be limited to, acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule.

AMERICAN DISABILITIES ACT

By signing this contract, the contractor assures the State that it complies with the American Disabilities Act (ADA) of 1990 (42 USC § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as with all applicable regulations and guidelines issued pursuant to the ADA.

NATIONAL LABOR RELATIONS CERTIFICATION

By signing the contract, the Contractor swears under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against the contractor within the immediately preceding two (2) year period because of the Contractor’s failure to comply with an order of a Federal court, which orders the Contractor to comply with an order of the National Labor Relations Board.

GENAI

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractors shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts further functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

CONTRACT TERMS AND CONDITIONS

The following terms and conditions may apply to this IFB and the resulting Agreement:

Information Technology General Provisions – (Cloud Computing Services) – GSPD-ITGP (Cloud) https://www.dgs.ca.gov/~/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP- CloudRevised-and-Effective-111224.docx

Information Technology General Provisions – (Non-Cloud Goods and Services) – GSPD-ITGP (Non-Cloud) https://www.dgs.ca.gov/~/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP- NonCloudRevised-and-Effective-111224.docx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-CloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-CloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-NonCloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-NonCloudRevised-and-Effective-111224.docx

REQUIRED DOCUMENTS

The following documentation must be submitted for your bid to be considered responsive.

Attachment A, Cost Proposal Bid Sheet

Attachment B, Contract Certification Clauses – CCC – 4/2017

Attachment C, Contractor Status Form

Attachment D, STD. 843 Disabled Veteran Business Enterprise Declarations

Attachment E, GSPD-05-105 Bidder Declaration

Attachment F, Commercially Useful Function

Attachment G, Recycling Content Certification

Attachment H, Darfur Contracting Act

Attachment I, California Civil Rights Laws Attachment

Attachment J, STD. 1000 GenAI Reporting and Factsheet

References

Copy of Business License, professional certifications, or other credentials

If corporation, proof that business is in good standing and qualified to conduct business in California

If a nonprofit organization, proof of nonprofit status

If claiming "Small Business Certification" please attach certification

All required Standard (Std.) forms may be obtained at the following Department of General Services website: https://www.dgs.ca.gov/PD/Forms https://www.dgs.ca.gov/PD/Forms

Attachment A

COST PROPOSAL

IFB NO. # 24-004

Complete this form and submit in accordance with the requirements of this IFB.