IFB__24-014_-_Grille_Maintenance_and_Repair_Services.pdf

Invitation For Bid (IFB) Notice to Prospective Bidders

IFB #24-014

Grille Preventative Maintenance and Repair Services

October 23, 2024

Prospective Bidders are invited to review and respond to this Invitation for Bid (IFB), entitled #24-014 – Grille Preventative Maintenance and Repair Services. In submitting your bid, you must comply with these instructions.

This solicitation requires all bidders meet the minimum Disabled Veterans Business Enterprise (DVBE) 3% participation goal for this solicitation. However, this solicitation excludes the DVBE incentive and adjustments will not be applied to bids with more than 3% DVBE participation.

All agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at the following Internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language?search=GTC%2004/2017.

In the opinion of the Secretary of State (SOS), this IFB is complete and without need of explanation. However, inquiries regarding this IFB should be referred to:

Dao Her, Contract Analyst Contract Services Unit Secretary of State contractservices@sos.ca.gov

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

Contract Services | Management Services Division | 1500 11th Street, Suite 460 Sacramento, CA 95814 | Tel 916.653.5974 | www.sos.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC%2004/2017 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC%2004/2017 mailto:contractservices@sos.ca.gov

Secretary of State

Table of Contents Section Page

A) Purpose and Description of Services

B) Bidder’s Minimum Qualifications, Experiences, Resume, and References

C) Bid Package Requirements and Information

1) Key Action Dates

2) Walkthrough (Optional)

3) Submission of Bid

4) Bid Opening, Evaluation, and Selection

5) Award and Protest

6) Disposition of Bids

7) Agreement Execution and Performance

8) Insurance Requirements

D) Preference Programs

1) Small Business Preference

E) Required Attachments

1) Required Attachment Checklist

2) Bid/Bidder Certification Sheet

3) Cost Worksheet

4) Bidder References

5) California Disabled Veteran Business Enterprise (DVBE) Program Requirement ... 21

6) Darfur Contracting Act (if applicable)…………………………………………………..22

7) CA DGS Approved Small Business Certification (if applicable)

8) CA DGS Approved Disabled Veteran Business Enterprise Certification

9) Payee Data Record (STD 204) ..................................................................................... **

10) Contractor's Certification Clauses (CCC 04/2017) (page 1) ................................... **

F) Sample Standard Agreement (STD 213)

1) Exhibit A – Scope of Work

2) Exhibit B – Budget Detail and Payment Provisions

3) Exhibit B-1 – Cost Worksheet

4) Exhibit C – General Terms and Conditions

5) Exhibit D – Special Terms and Conditions

6) Exhibit E – Additional Provisions

** These documents are not required to be returned with the bid package and are required upon award of the contract. See Attachment 1 – Required Attachment Check List.

Please note: This solicitation does not include a formal “Questions & Answers” (Q&A) period. Therefore, any questions submitted regarding this IFB will be answered and/or addressed at the SOS’s discretion, depending upon the impact to the IFB based on the request for information/clarification and/or current workload. Please carefully review the attached IFB in its entirety before submitting questions, as inquiries may not be responded to if the information requested has been provided in the IFB.

A) Purpose and Description of Services

The California Secretary of State (SOS) is soliciting for the Gold Rush Grille, hereinafter referred to as the “Grille” Preventative Restaurant Equipment Maintenance and Repair Services. Please see Exhibit A – Scope of Work (SOW), Exhibit B – Budget Detail and Payment Provisions, and all other attachments for complete details and information. Also, please see Exhibit D & E as these exhibits will be made part of the awarded agreement.

The anticipated contract term is December 2024, through June 30, 2027.

B) Bidder’s Minimum Qualifications, Experiences, Resume, and References

1. The Bidder performing services under this Agreement must meet the minimum qualifications and experiences identified in Exhibit A – SOW

2. Bidder must complete and submit Attachment 4 -- Bidder References;

providing three (3) customer references from within the last five (5) years to whom they’ve provided commercial kitchen and/or restaurant maintenance and repair services as defined in Exhibit A - SOW. Reference information shall include company/organization name, contact representative name, email, telephone number, and a description of the job(s) performed (including quantities and delivery schedules). The description of the services performed must be detailed and comprehensive enough to permit the State to assess the similarity of the project(s) to the minimum experience requirements stated above and outlined in the SOW. SOS reserves the right to contact references prior to contract award. If the Bidder has performed these services for the SOS within the last five (5) years, from the Response Due Date, the SOS must be listed as one (1) of the references provided in Attachment 4.

C) Bid Package Requirements and Information

1) Key Action Dates

Event Date/Time

IFB available to prospective bidders October 23, 2024

Walkthrough October 31, 2024, 3:00 – 04:00 p.m.

Final Date for Bid Submission November 7, 2024, 4:00 p.m.

Bid Opening November 13, 2024, 10:00 a.m.

1500 11th St, Sacramento CA, 95814 (SOS Rotunda)

Anticipated Notice of Intent to Award November 18, 2024

Anticipated Notice of Award November 25, 2024

2) Walkthrough (Optional)

An optional walkthrough will be scheduled for Thursday, October 31, 2024 at 3:00pm in the Gold Rush Grille, located at the Secretary of State Building at 1500 11th Street, 2nd Floor, Sacramento, California 95814. If participating in the walk through, contractor representative(s) should convene at the entrance to the Gold Rush Grille at the designated date and time where contracts staff will meet them before proceeding. You may be required to show ID when entering the building.

3) Submission of Bid

a) Each bidder may submit only one (1) bid. All bids must be submitted under sealed cover and sent/delivered to Secretary of State by the Final Date for Bid Submission shown above in the IFB, Section C.1 – Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, must show the bidder’s name and address, and must be marked with "Do Not Open", as shown in the following example:

Grille Preventative Maintenance and Repair Services Do Not Open

Note: Bids not submitted under sealed cover may be rejected.

b) All bids must include the documents identified in Attachment 1 - Required

Attachment Checklist. Bids not including the proper “required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

c) All documents requiring a signature must bear the original signature of a person authorized to bind the bidding firm. Note: For the attachments required to be submitted with the Bidder’s response that require signature(s), the use of Electronic Signatures (eSignature) is permitted. eSignatures will be accepted and are legally binding and equivalent to handwritten signatures. The SOS may request documentation to show that the person signing is legally authorized to sign on behalf of the bidding firm.

d) Mail or deliver bids to the following address:

Attn: Contract Services 1500 11th Street, 4th Floor, Room 460 Sacramento, CA 95814

Note: Instructions for drop off of courier mail and hand-delivered bid packages will be provided upon arrival at the SOS address location (at the 1st Floor Security Desk).

e) 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.

f) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

g) 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.

h) Loss Leader:

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code (PCC 10344(d)(e)(1)).

i) An individual who is authorized to bind the bidder contractually shall sign the

Attachment 2 - Bid/Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

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

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

l) The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

m) The awarding agency reserves the right to reject all bids and/or to cancel this

IFB if it is in the best interest of the State to do so. The agency is not required to award an agreement.

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

o) 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.

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

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

r) Qualifications to Do Business in California

All corporations, limited liability companies (LLC) and limited partnerships (LP) are required to be registered with the California Secretary of State (SOS) in order to do business* in the state of California. Before contract award can be made, the Contractor must be currently registered and in “Active” status with the California SOS, as required by law, to do business in California; this applies to domestic entities (organized or commercially domiciled in the state of

California) and foreign entities (organized or commercially domiciled outside of California).

During the response evaluation process, the State will verify if the Bidder is currently registered and in good standing (i.e., “Active” status) with the California SOS, as applicable, in order to ensure that all obligations due to the State are fulfilled. Therefore, a certificate of status is not required to be submitted with the bidder’s response.

* “Doing business” is defined in the California Revenue and Taxation Code § 23101 as “actively engaging in any transaction for the purpose of financial or pecuniary gain or profit”. Although there are some statutory exceptions to taxation, rarely will a contractor performing within the state not be subject to the applicable franchise tax.

s) 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.

By signing Attachment 2 - Bid/Bidder Certification Sheet the Bidder certifies that they agree to the above.

t) Generative Artificial Intelligence (GenAI)

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/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 Reporting & Factsheet (Std. 1000 (Rev.

07/2024)) to be completed by the Bidder/Offeror.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Failure to disclose GenAI to the State and submit the GenAI Reporting & 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/Offeror GenAI Reporting & 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.

4) Bid Opening, Evaluation, and Selection

a) All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read.

b) Bidders that would like to attend the in-person Bid Opening may do so per the date, time and location identified in Section C.1, Key Action Dates, Bid Opening.

c) At the time of bid opening, each bid may be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

d) At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

e) The State will evaluate each bid to determine its responsiveness to the published requirements. This is a pass/fail evaluation.

f) 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.

g) Award if made, will be to the lowest responsive responsible bidder whose references substantiate similar work performed in a satisfactory manner. For the purposes of this solicitation, the lowest cost shall be evaluated based upon the overall average rate. (See Attachment 3 – Cost Worksheet)

5) Award and Protest

a) The award, if made, will be to the responsive and responsible Bidder that offers the lowest cost.

In the event of Tie Bids, a coin toss will be performed. In such event, the coin toss will be observed by witnesses and the affected bidders will be invited. In the event of a Tie Bids Between a Small Business and DVBE Small Business, should a precise tie between the low responsible bid of a certified small business and the low responsible bid of a certified disabled veteran owned business that is also a small business occur, the contract must be awarded to the disabled veteran owned small business. (GC § 14838 (f); 2 CCR 1896.8(f)).

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 five (5) working days prior to the award of the agreement.

c) 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 (5) working days prior to awarding the agreement.

d) Any Bidder who submits a bid may file a protest if the Bidder believes it’s bid package is responsive to all IFB requirements and its bid is the lowest dollar bid.

Protests are limited to the grounds described in Public Contract Code (PCC) Section 10345.

e) If any bidder, prior to the award of agreement, files a written protest with the

Department of General Services, Office of Legal Services, and the Secretary of State 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.

f) Within five (5) days after filing the initial protest, the protesting bidder shall file with both the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest if the original protest did not contain the complete grounds for the protest.

g) The written protest must be submitted to both of the following:

a. Department of General Services, Office of Legal Services

Attn: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov mailto:OLSProtests@dgs.ca.gov

b. Secretary of State Attn: Contract Services 1500 11th Street, 4th Floor, Room 460

Email: contractservices@sos.ca.gov

The statement must contain the law, rule, regulation, practice, IFB number, name of the State agency involved, the agency contract person and detail reason(s) the protestant believes the awarding agency has improperly applied in awarding the Agreement.

h) Protests may be submitted by regular mail, email, courier, or personal delivery.

Protestants should include their email address if they have one and advise if they will accept service of documents pertaining to the protest via email.

i) Upon on resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at https://www.dgs.ca.gov/PD/Forms. under the heading Office of State Publishing (OSP) Standard (STD) forms. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

j) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC 04/2017), which can be found on the Internet at:

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

6) Disposition of Bids

a) By submitting a bid, Bidder agrees to the terms and conditions stated in this IFB, Exhibit A - SOW and the resulting Contract. Responses received after the Response Due Date may not be assessed. Bids received in response to the SOW will be valid for one hundred eighty (180) days after the Response Due Date. Bidder agrees to have available the appropriate skills to complete the resulting Contract for all goods and services and provide all tasks as described in the solicitation and SOW.

b) Submitting responses that include assumptions, added conditional statements or statements regarding changes to the SOW in this IFB may result in the bid being found non-responsive.

mailto:contractservices@sos.ca.gov https://www.dgs.ca.gov/PD/Forms 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

c) Submitting documents in the bid that are marked as “Confidential”, “Proprietary” or similarly labeled and/or appear to contain sensitive information, that at the State’s discretion, may be considered an information security issue; therefore, may be grounds for the bid being deemed non-responsive and the bid rejected. Bids rejected for this purpose will have all pages which contain such labels or information destroyed prior to Award of the contract pursuant to this IFB.

d) Upon review of the bids received and subsequent Contract Award, all documents submitted in response to this IFB shall become the property of the State of California and shall be regarded as public records under the California Public Records Act (Government Code Section 7920.000 et seq.), thereby subject to review by the public.

e) The State, at its discretion, reserves the right not to make an award or reject all offers, in the best interest of the State.

7) Agreement Execution and Performance

a) Performance shall start not later than thirty (30) days, or on the express date set by the awarding agency 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 awarding agency, upon five (5) business 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 the Contractor’s bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

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

8) Insurance Requirements

Please refer to Exhibit E – Additional Provisions, Section 7, Insurance Requirements.

D) Preference Programs

1) Small Business Preference:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE

E) Required Attachments

Refer to the following pages for additional Required Attachments that are a part of this IFB and agreement.

Attachment 1

Required Attachment Check List

A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned.

Attachment Attachment’s Name/Description

_____ Attachment 1 Required Attachment Check List

_____ Attachment 2 Bid/Bidder Certification Sheet

_____ Attachment 3 Cost Worksheet

_____ Attachment 4 Bidder References

_____ Attachment 5 California Disabled Veteran Business Enterprise (DVBE)

Program Requirement - Forms and Instructions

1. DGS PD 843 – DVBE Declaration

2. DGS PD 05-105 – Bidder Declaration

_____ Attachment 6 California Civil Rights Laws Certification (DGS OLS 04)

_____ Attachment 7 Darfur Contracting Act (if applicable)

_____ Attachment 8 CA DGS Approved Small Business Certification (if applicable)

_____ Attachment 9 CA DGS Approved Disabled Veteran Business Enterprise

Certificate

_____ Attachment 10 Payee Data Record (STD 204)**

_____ Attachment 11 Contractor Certification Clauses (CCC 04/2017)**

_____ GenAI GenAI Reporting & Factsheet (Std 1000 Rev.07/2024)***

** These documents are not required to be returned with the bid package, but are required upon award of the contract:

• The Payee Data Record (STD 204) can be found at:

https://www.dgs.ca.gov/PD/Forms.

• The Contractor’s Certification Clauses (CCC 04/2017) can be found at:

Services-Resources-List-Folder/Standard-Contract-Language

*** This document is required to be returned with the bid package and can be found at: https://www.dgs.ca.gov/PD/Forms https://www.dgs.ca.gov/PD/Forms 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

Attachment 2

Bid/Bidder Certification Sheet

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

Do not return the "Sample Standard Agreement" at the end of this IFB.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Cost Worksheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An unsigned Bid/Bidder Certification Sheet may be cause for rejection.

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No.(FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Email:

15. Are you certified with the Department of General Services, Office of Small Business and

Disabled Veteran Business Enterprise Services (OSDS) as:

a. California Small Business

Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13, 14 Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

Attachment 3

Cost Worksheet

The Bidder must complete this cost worksheet and submit with the Bidder’s response.

The undersigned Contractor, as bidder, declares that he/she has carefully examined all documents contained or referenced within this Invitation for Bid and is familiar with all proposal requirements, and agrees, if the bid is accepted, to complete the services as described in Exhibit A – SOW, in accordance with the Contract Documents, for the complete term of the Agreement.

Description of Services Unit Cost per Year 1 -

State Fiscal

(SFY)

24/25

Cost per Year 2 -

State Fiscal

(SFY)

25/26

Cost per Year 3 -

State Fiscal

(SFY)

26/27

Preventative Maintenance (PM) Service (bi-monthly; every other month)

Bi-

Monthly

Standard Repair Service (non-emergency), One Half Hour Minimum, No Travel Fees

Per

Quarter Hour

Emergency Repair Service* One Half Hour Minimum, No Travel Fees

Per

Quarter

Emergency Repair Service* requested after 5:00 p.m. or on weekends and major holidays.

Overtime Rate, One Hour Minimum

Travel Fee (Emergency repair service requested after 5:00 p.m. or on weekends and major holidays.)

Each

**Overall Average Rate (Sum of Year 1, 2, and 3 / 3) =

*Separate Work Orders or Purchase Orders Must be issued for any emergency service requested.

Parts: Parts are not included at this time and will be done on a case-by-case estimate once repair has been identified as needed.

**The Overall Average Rate will be used solely for evaluating the cost as a fair and equitable formula to determine the best value offer and is not binding on the SOS.

Please Note: Should the SOS amend the awarded agreement from this IFB beyond the contract term end date, it will be at or below the rates identified above.

Attachment 4

Bidder References

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.

Bidder(s) must complete Attachment 4 – Bidder References, providing a list of three (3) customers (see note below) for whom similar services have been performed within the last five (5) years, similar in scope and complexity to the services to be performed in this contract. Reference information shall include company/organization name, contact representative name and telephone number, and a description of the job(s) performed.

The description of the services performed must be detailed and comprehensive enough to permit the State to assess the similarity of the services outlined in the SOW. SOS reserves the right to contact references prior to contract award. Note: If the Bidder has performed these services for the SOS within the last five (5) years, the SOS must be listed as one (1) of the references provided in Attachment 4.

REFERENCE 1 (Required) Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number:

Email:

Start and End Dates of Service Value or Cost of Service

Brief Description of Service Provided:

REFERENCE 2

Name of Firm

Street Address City State Zip Code

Email:

Start and End Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 3

Name of Firm

Street Address City State Zip Code

Email

Dates of Service Value or Cost of Service

Brief Description of Service Provided

Attachment 5

California Disabled Veteran Business Enterprise (DVBE) Program Requirement

The State has established goals for Disabled Veteran Business Enterprises (DVBE) participating in State contracts. The minimum DVBE participation percentage (goal) is 3% for this solicitation. Please review the DVBE program requirements and information at:

https://www.dgs.ca.gov/PD-OSDS

The bidder must complete and return all the appropriate pages in order for the bid to be considered responsive. The following two (2) forms are required to be submitted as part of the response to this IFB. The forms can be found at the listed Internet website:

1. DGS PD 843 – DVBE Declaration:

2. DGS PD-05-105 – Bidder Declaration:

The Secretary of State’s Office has waived the application of the DVBE Incentive for this solicitation. Therefore, no additional incentive points will be applied during the evaluation process of this IFB; however, bidders must still meet the minimum DVBE participation percentage (goal) of 3% for this solicitation and are required to submit the following as part of their response to this IFB: DGS PD 843 (DVBE Declarations) and GSPD- 05-105 (Bidder Declaration) for the named DVBE(s).

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

All bidders must meet the 3% goal for this solicitation; failure to submit all required forms and fully document and meet the DVBE program requirement shall be considered non-responsive.

https://www.dgs.ca.gov/PD-OSDS

Attachment 6

Darfur Contracting Act Certification

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number

Initials of Submitter

Printed Name and Title of Person Initialing

Attachment 7

California DGS Approved Small Business Certification

If applicable, attach a copy of valid (expiration date has not elapsed) DGS approved Small Business Certification.

Attachment 8

California DGS Approved Disabled Veteran Business Enterprise Certification

A copy of valid (expiration date has not elapsed) DGS approved Disabled Veteran Business Enterprise Certification.

F) Sample Standard Agreement (STD 213) Information

The Agreement resulting from this procurement will be prepared using the State’s Standard Agreement (STD 213 (Rev. 04/2020)) form, including all required exhibits;

Exhibits will include a copy of the awarded Contractor’s response to this IFB, other provisions as applicable and references to the General Terms and Conditions (GTC 04/2017) and this IFB document, as if attached. (See Exhibits A-E)

a. Standard Agreement (STD 213) - https://www.dgs.ca.gov/PD/Forms

b. General Terms and Conditions for non-IT service (GTC 04/2017)

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

Exhibit A

Scope of Work

Contractor agrees to provide the Secretary of State (SOS) with preventative maintenance (PM) and repair services as described herein.

1. Contractor agrees to provide all materials and tools required to perform PM services on all equipment listed in section #4 below, per the manufacturer’s specifications. Parts are not included.

2. Contractor agrees to provide routine PM and repair services during normal business hours, Monday – Friday, 8:00 am – 5:00 pm. PM shall be scheduled two (2) business days in advance. Repair services shall have a guaranteed response time of one (1) business day of notification to troubleshoot and diagnose repair needed.

For urgent or emergency repair response services, Contractor shall be available twenty-four (24) hours a day, seven (7) days a week, with guaranteed response time within four (4) hours of notification.

3. Contractor’s Minimum Qualifications and Experiences:

a. The Contractor shall have a minimum of (5) years of experience performing the services on all equipment and/or items similar or greater than listed in Section 4 below.

4. PM services shall be performed bi-monthly (i.e. every other month) and include the services identified below. The following equipment applies to this contract:

Refrigeration:

Clean condenser and evaporator coils.

Clean evaporator motors and fan covers.

Clean condensate pans and drain lines.

Check the following:

- Sight glass - Door Seals

- System for Freon Leaks - Time Clocks

- Pressure Controls - Operating temps

- Fan Motors - Compressor oil levels

- For loose wiring - Fan cycle switch

Ranges, Griddles, Ovens, Char-broilers:

Clean/adjust pilot and burner Check/adjust door hinges and seals for wear Check/adjust thermocouples and thermopiles Check all electrical connections Calibrate thermostats Grease top burner valves/adjust air flow Check/replace top burner gaskets as needed Check oven bottoms and heat deflectors Check all switches Check/adjust oven blowers

Fryers:

Calibrate thermostats Clean pilots and burners Check voltage on thermopiles and gas valves Inspect targets/replace as needed Inspect flu/clear as needed Inspect drain valve and tank for leaks and wear Check/adjust pressure regulator

Choppers, including Vertical Chopper Mixer (VCM), Mixers, Slicers, Toasters:

Remove panels/check wiring Check controls for water damage Check power cap and cord Check cutter and bowl attachments for vibration Inspect all seals Turn unit on/check for proper operation Oil or grease gears and motors

Ice Machines:

Inspect and clean condenser and evaporator coils Check water filter and strainer/replace as needed Check bin controls Check cycle timing (run productivity test) Inspect fans and clean Lubricate motor Check all refrigerant pressures Verify cube size and quality

Heat Lamps, Warmers:

Check warming operation Inspect all wiring

Inspect heat elements Inspect power cords and caps for wear

Steamers, Steam Kettles:

Check boiler cavity for lime build-up Check controls for corrosion Inspect and clear drain, steam tubes and strainers Check timers for proper operation Check/adjust gaskets, check for proper seal Check drain and water solenoid valves for proper operation Check all safety devices for proper operation

Dishwasher Machines:

Check washing and rinsing arm for physical damage and remove blockage if any Check and calibrate detergent controller, ensuring it operates correctly, and check detergent levels Check for error codes and rectify as per service manual Check Power connection for soundness for cable, termination firmness, signs for arcing, damage Open covers and clean internal machine components, remove debris Check electrical soundness of heating elements in wash and rinse tanks Clean sensor and check for damage Check condition of washing and rinsing arm bushes and spacers, and nozzle cups for wear and tear or damage Clean tank and drain screens Clean filter and refill water tank Clean overflow tube within tank Wash curtains Check chemical levels Annual checkup of, rubber seals, solenoid valve filters and chemical dispenser Regular de-liming of internal parts

Garbage Disposals:

Check plumbing components, fittings and hardware for lose connections Check for leaks around pipe connections, flanges, and gaskets Check for abnormal noises, clogs (slow drainages), and odors Sharpen the blades, descale and clean the units

5. Contractor agrees to provide repair services for all equipment listed in section 4 above. Prior to providing repair services, Contractor shall present a cost estimate to the SOS Contract Manager, identified in section 7 below, or SOS designee. SOS Contract Manager, or SOS designee, must first approve the estimate and give written notice to proceed with repair(s). The Contractor shall then schedule all necessary, approved repair(s) with the Gold Rush Grille Operator.

6. The services shall be performed at the Gold Rush Grille, located at the Secretary of State’s Office, 1500 11th Street, 2nd Floor, Sacramento, CA 95814.

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

State Agency: Secretary of State Contractor: TBD Name: TBD Name:

Phone: Phone:

Fax: Fax:

E-Mail: E-Mail:

Direct all Contract Inquiries to:

State Agency: Secretary of State Contractor: TBD Section/Unit: Contract Services Section/Unit:

Attention: Contract Services Attention:

Address: 1500 11th Street

Address:

Phone: (916) 653-5974 Phone:

Fax: (916) 653-8324 Fax:

E-Mail: ContractServices@sos.ca.gov E-Mail:

mailto:ContractServices@sos.ca.gov

Exhibit B

Budget Detail and Payment Provisions

1. Invoicing and Payment:

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the Secretary of State (SOS) agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

B. Payment shall be made upon satisfactory performance of work and upon receipt of an invoice received and approved by the designated representative(s).

C. Invoices must be submitted on Contractor’s letterhead signed by authorized representative, and include an itemized account of the services for which the SOS is being billed:

• Agreement number

• Time period covered

• Service Type performed

• A brief description of the services performed

Make out and submit invoices to:

Secretary of State Attn: Accounts Payable P O Box 944260 Sacramento, CA 94244-2600 AccountsPayable@sos.ca.gov

2. Budget Contingency Clause:

A. 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 force 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.

B. 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.

mailto:AccountsPayable@sos.ca.gov

3. 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.

4. Cost Detail:

Please refer to Exhibit B-1 – Contractor’s Cost Worksheet.

Exhibit B-1

Cost Worksheet

These pages will be a copy of the Attachment 3 - Cost Worksheet completed and submitted by the winning Bidder.

Exhibit C (GTC 04/2017 version)

General Terms and Conditions

Please Note: This page will not be included in the final agreement. The General Terms and Conditions will be included in the agreement by reference to Internet site:

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

Exhibit D

Special Terms and Conditions

1. Solicitation and Contractor’s Response

The Solicitation and Contractor’s response to Invitation for Bid (IFB) #24-014 is hereby incorporated by reference and made part of this Agreement.

2. 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 agreement. California may pay any applicable sales or use tax imposed by another state.

3. Settlement of Disputes

In the event of a dispute, Contractor shall file a “Notice of Dispute” with the Secretary of State’s (SOS) Chief, Management Services, or designee within ten (10) days of discovery of the problem. Within ten (10) days, the SOS Chief, Management Services, or designee shall meet with the Contractor for purposes of resolving the dispute. The decision of the SOS Chief, Management Services, or designee shall be final. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal.

4. Agency Liability

The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

5. 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 its 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 enforce the payment of any monies to any subcontractor.

Exhibit E

Additional Provisions

1. Amendment

The Secretary of State (SOS) reserves the right to amend the scope of work, increase the cost up to 30% of the agreement and extend the term of the agreement up to 1 year, based upon the SOS's need for completion of services and will be based on the original rates and terms identified in the contract.

2. Termination

The contract may be terminated by the State within a 30-day written notification.

3. Commission, Percentage, Brokerage, or Contingent Fees

The Contractor warrants by execution of Agreement, that no person or selling agency has been employed or retained to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this contract without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

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. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.