IFB_24-10047_-_RSS_Warehouse_Equipment_Maintenance.pdf

TOMÁS J. ARAGÓN, MD, DrPH GAVIN NEWSOM

Director and State Public Health Officer Governor

State of California—Health and Human Services Agency

California Department of Public Health

September 10, 2024

Invitation for Bid 24-10047

RSS Warehouse Equipment Maintenance

You are invited to review and respond to this Invitation for Bid (IFB), entitled RSS Warehouse

Equipment Maintenance, 24-10047. The anticipated term of this contract is from October 8th, 2024, to

June 30th, 2026. In submitting your bid, you must comply with the instructions found herein.

California Law requires Disabled Veteran Business Enterprise (DVBE) participation. CDPH policies require DVBE participation of 3-percent on all contracts exceeding $5,000. All Proposers. Including out-of-state firms must comply with California’s DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

Note that all agreements entered into with the State of California will include by reference General

Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at:

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of Department of Public Health (CDPH), this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

California Department of Public Health

Attn: Nicholas Barnhart

Centralized Contract Services Unit

1616 Capitol Avenue, MS 1802

Sacramento, CA 95814

Phone: 916-217-1489

Fax: 916-650-0110

Email address: nicholas.barnhart@cdph.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.

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

Business Operations Branch IFB 24-10047

TABLE OF CONTENTS

PURPOSE AND DESCRIPTION OF SERVICES

1. Purpose

2. Description of Services

BIDDER MINIMUM QUALIFICATIONS

BID REQUIREMENTS AND INFORMATION

1. Key Action Dates

2. Submission of Bid

3. IFB Response Requirements

4. Bid Opening Location (include additional instructions if needed)

5. Evaluation and Selection

6. Award and Protest

7. Disposition of Bids

8. Agreement Execution and Performance

PREFERENCE PROGRAMS

1. California Certified Small Business and Preference(s) Information

2. Target Area Contract Preference Act

3. Combined preferences

4. Commercially Useful Function

BUSINESS PARTICIPATION PROGRAM REQUIREMENTS

1. Disabled Veteran Business Enterprise (DVBE) Incentive

2. DVBE Compliance and Verification

3. CDPH Advocate

SUBCONTRACTORS

REQUIRED ATTACHMENTS

SAMPLE AGREEMENT

ATTACHMENTS

Attachment 1 Bidder Cover Page

Attachment 2 Required Attachment / Certification Checklist

Attachment 3 CDPH Bidder Qualifications Checklist (Sample)

Attachment 4 Business Contact Sheet

Attachment 5 Business Information Sheet

Attachment 6 Payee Data Record and Supplement (STD 204 & 205)

Attachment 7 Bidder Declaration (GSPD-05-106)

Attachment 8 Contractor Certification Clauses (CCC 04/2017)

Attachment 9 Mandatory Generative Artificial Intelligence (GenAI) Disclosure & Factsheet

Form (STD 1000)

Attachment 10 Bidder References

Attachment 11 Commercially Useful Function (CUF) Certification

Attachment 12 Disabled Veteran Business Enterprise Declarations

Attachment 13 Darfur Contracting Act

EXHIBITS

Exhibit

Exhibit

A-1

A-2

Sample STD 213 Agreement

Equipment Specifications

Exhibit A Scope of Work

Exhibit B Budget Details and Payment Provisions

Exhibit B-1 Cost Worksheet

Exhibit D Special Terms and Conditions

Exhibit E Additional Provisions

Exhibit F Federal Terms and Conditions

Exhibit G Contractor’s Release

PURPOSE AND DESCRIPTION OF SERVICES

1. Purpose

The Center for Preparedness and Response (CPR) is responsible for operating the California

Department of Public Health's (CDPH) Receiving, Storage and Staging (RSS) warehouse as mandated by the Public Health Emergency Preparedness Cooperative Agreement and the

CDPH Emergency Operations Plan. The warehouse receives, stores, and redistributes medical countermeasures, e.g., pharmaceuticals and medical supplies, as part of any response with a public health component. The RSS maintains a cache of pharmaceuticals for emergency response to a chemical or bioterror event. During the COVID-19 response the RSS warehouse served as the state’s only climate-controlled warehouse for the storage of COVID vaccines, COVID testing materials, and surge hospital pharmaceutical caches. The equipment needed to move all pharmaceuticals, supplies, and medical countermeasures to respond to disasters needs to be serviced and in working order.

The California Department of Public Health (CDPH) Center for Preparedness and Response is soliciting bids from qualified bidders to provide RSS Warehouse Equipment Maintenance.

The Center for Preparedness and Response intends to make a single contract award to the most responsive and responsible firm offering the lowest cost.

2. Description of Services

Bids must address all of the services described in this IFB and Exhibit A “Scope of Work".

Bidders must agree to, and meet “Bidder Minimum Qualifications,” and all terms and conditions referenced in the exhibits, and agree to provide preventative and scheduled maintenance on various fleet assets located at the CDPH warehouse. Fleet assets include two electric pallet jacks and three forklifts. Maintenance will be scheduled in battery watering and preventative maintenance.

The amount of budgeted for this agreement shall not exceed $45,000.00 (***Forty Five

Thousand Dollars and Zero Cents***). Any bids over this amount will be deemed non-responsive.

BIDDER MINIMUM QUALIFICATIONS

The following minimum requirements refer to the actual person(s) who will be conducting the above-mentioned services. Responses must contain all requested information and conform to the format described in Section C.3 – IFB Response Requirements. It is the Bidders responsibility to provide all necessary information for the State to evaluate the response, verify requested information and determine the Bidders ability to perform the tasks and activities as defined above in paragraph A. 2, and the Exhibit A – Scope of Work. Please supply enough detail to clearly establish that the individual(s) meet the five (5) minimum qualifications listed below:

Number Qualification

1 Three (3) years of experience providing preventative maintenance and repair of electric forklifts

2 Three (3) years of experience providing preventative maintenance and repair of propane forklifts

3 Three (3) years of experience providing [preventative maintenance and repair of electric pallet jacks

4 Three (3) years of experience providing [preventative maintenance and repair of manual pallet jacks

All Proposers. Including out-of-state firms must comply with California’s

DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

BID REQUIREMENTS AND INFORMATION

1. Key Action Dates

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

Key Action Dates Date(s) Time

Release Date of IFB 9/10/2024 3:00PM

Questions Due 9/13/2024 3:00PM

Question/Answer Summary Posted 9/18/2024 3:00PM

Bid Due Date 9/24/2024 3:00PM

Bid Opening 9/25/2024 10:00AM

Notice of Intent to Award 9/27/2024

Anticipated Contract Start Date 10/8/2024 or upon final approval, whichever is later

a. The term of the agreement shall be October 8th, 2024, or upon final approval, whichever is later, through June 30th, 2026. CDPH reserves the right to amend the agreement when CDPH determines that the term needs to be extended for time only for one year, or additional funding only is needed but in which case shall not exceed

30% of the cost of the agreement. The same hourly or unit rate(s) as agreed upon by the parties in the agreement shall be applied to the amendment. Consideration to amend shall be consistent with the terms of the original offer that was assessed and considered during the IFB assessment process. Contract amendments are subject to the satisfactory performance of the Contractor under the agreement and funding availability.

No amendment or variation of the terms of the agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding not incorporated in the agreement is binding on any parties on any of the parties.

b. In the opinion of CDPH, this Invitation for Bid (IFB) is complete and without need of explanation. If CDPH receives questions regarding the content of this IFB, all questions must be typed, numbered, and submitted electronically via email to nicholas.barnhart@cdph.ca.gov. All questions must be received on or before the date and time detailed under Section C.1 – Key Action Dates. Questions submitted by this date may be answered at the State’s discretion. Answers will be made available as an addendum under the solicitation for posting for general access. Questions received after the due date will not be considered.

2. Submission of Bid

a. All bids must be submitted under sealed cover and sent to Department of Public

Health, Centralized Contract Services Unit by dates and times shown in Section C, Bid

Requirements and Information, Item 1. Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", and mailed or delivered to the following address:

b. Bids not submitted under sealed cover may be rejected. A minimum of three (3) copies of the bid must be submitted along with an electronic USB.

c. All bids shall include the documents identified in this IFB as Required Attachment

Checklist (see Attachment 2). 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.

IFB # 24-10047 RSS Warehouse Equipment Maintenance

Attention: Nicholas Barnhart

Department of Public Health

1616 Capitol Avenue MS 1802

Sacramento, CA 95814

DO NOT OPEN UNTIL PUBLIC OPENING

TIME SENSITIVE BID

DUE BY 09/24/2024 AT 3:00PM]

d. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

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

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.

i. 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.

j. 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.

k. 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.

l. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

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

n. 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.

o. 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. The

GTC may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-

Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

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

q. Bidder must complete and submit to the awarding agency the Payee Data Record

(STD 204) and, if necessary, Payee Data Record Supplement (STD 205), to determine if the Contractor is subject to state income tax withholding pursuant to California

Revenue and Taxation Code Sections 18662 and 26131. These forms can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf and http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf,respectively. No payment shall be made unless a completed STD 204 and STD 205 (if necessary) has been returned to the awarding agency.

r. Bidder must sign and submit to the awarding agency, page one (1) of the Contractor

Certification Clauses (CCC), which can be found on the Internet at: Standard

Contract Language (ca.gov).

3. IFB Response Requirements

The Respondent’s response to this IFB will be made part of the agreement resulting from this IFB (as described in Exhibit E). Responses must contain all requested information and conform to the format described in this section. It is the Respondent’s responsibility to provide a detailed response, all necessary information for the State to evaluate the response, verify requested information, and determine the Respondent’s ability to perform the tasks and activities as defined in Exhibit A – Scope of Work (SOW), the qualification stated in Section B of this solicitation, and the terms and conditions detailed herein. The following contents must be included with your response:

a. Provide a detailed response to requested services identified in Exhibit A, Scope of

Work. Additionally, responses should outline how a vendor meets the criteria detailed in Section B of this Solicitation. This response should not be any longer than ten (10) typed pages in minimum 11-point font.

b. Complete and return Exhibit B-1 Cost Worksheet.

c. List of references (Attachment 10 – Bidder References) for projects of similar size and scope. Please include a contact name, phone number and email address foreach company listed.

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 http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf 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

d. Provide a current copy of your Small Business certification status with the Department of General Services, Office of Small Business Certification and Resources (OSBCR).

e. Submit a copy of a valid business license to do business California. If applicable, provide copy of a contractor’s license.

f. Provide copy of insurance as referenced in Exhibit E.

g. Complete, sign and return the following:

1) Attachment 2 – Required Attachment Checklist

2) Attachment 4 – Bidder Contact Sheet

3) Attachment 5 – Business Information Sheet

4) Attachment 6 - STD 204 Payee Data Record &, if necessary, STD 205 Payee Data

Record Supplement

5) Attachment 7 – Bidder Declaration Form (GSPD-05-106)

6) Attachment 8 - Contractor Certification Clauses (CCC 04/2017)

7) Attachment 9 – Mandatory Generative Artificial Intelligence (GenAI) Disclosure &

Factsheet Form (STD 1000)

8) Attachment 10 – Bidder References

9) Attachment 11 – Commercially Useful Function (CUF) Certification

10) Attachment 12 – Disabled Veteran Business Enterprise Declarations (STD 843), if necessary

11) Attachment 13 - Darfur Contracting Act Form (DGS PD 1)

4. Bid Opening Location (include additional instructions if needed)

California Law requires Disabled Veteran Business Enterprise (DVBE) participation.

CDPH policies require DVBE participation of 3-percent on all contracts exceeding

$5,000. All Proposers. Including out-of-state firms must comply with California’s

DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

1616 Capitol Avenue, Room TBD

Sacramento, CA

5. Evaluation and Selection

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

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

c. 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.

d. Award if made, will be to the lowest responsive responsible bidder.

e. In the event of a tie score, the award will be determined by a coin toss. The coin toss will be held in the State Agency’s headquarters area office. This is a public event, which the bidders will be invited to attend. The selection of the Contractor will be at the sole discretion of the State.

6. Award and Protest

a. 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 telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

b. 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.

c. If any bidder, prior to the award of agreement, files a protest with the Department of

General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West

Sacramento, CA 95605 and the Department of Public Health 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.

d. Within five (5) days after filing the initial protest, the protesting bidder shall file with the

Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th

Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

7. Disposition of Bids

a. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the

California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

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

8. Agreement Execution and Performance

a. Performance shall start not later than 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) 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.

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

PREFERENCE PROGRAMS

The following Preference Programs can be applied for qualifying bidders.

1. California Certified Small Business and Preference(s) Information

SMALL BUSINESS PREFERENCES AND CERTIFICATION

Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Small Business Nonprofit Veteran

Services Agencies (SB/NVSA) prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation.

Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date and the OSDS must be able to approve the application as submitted.

Questions regarding certification should be directed to the OSDS at (916) 375-4940.

SMALL BUSINESS REGULATIONS

The Small Business regulations, located in the California Code of Regulations (Title 2, Division

2, Chapter 3, Subchapter 8, Section1896 et seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 9/09/04. The new regulations can be viewed at 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. Access the regulations by clicking on the “Small

Business California Code of Regulations” in the Authority section. For those without internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services (OSDS) at (916) 375-4940.

SMALL BUSINESS PARTICIPATION REPORTING REQUIREMENTS

Per Government Code 14841, if a contract/purchase order is awarded from this solicitation with a commitment from the prime bidder to achieve small business participation, the contractor must within sixty (60) days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) report to the awarding department the actual percentage of small business participation achieved.

NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE

A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California Certified small business subcontractor participation. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation.

If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one of more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4). The required list of California certified small business subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

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

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted.

Questions regarding certification should be directed to the OSDS at (916) 375-4940.

2. Target Area Contract Preference Act

a. Government Code (GC) Section 4530 (TACPA) provide that California based companies shall be granted a 5% preference whenever a state agency prepares a solicitation for services in excess of $100,000. The preference(s) shall apply if the worksite is not fixed by the government agency and the proposer can demonstrate and certify, under the penalty of perjury, that at least 90% of the total labor hours required to perform the services shall be performed at an identified worksite located in a distressed area (TACPA). TACPA preferences will only be applied if this procurement results in more than one responsive proposal receiving a passing narrative proposal score.

b. Additional work force preferences ranging from 1% to 4% can be earned by eligible proposers that agree to hire 5% to 20% of persons with a high risk of unemployment orthose living in a targeted employment area to perform a specified percentage of the contract work.

c. The granting of TACPA preference cannot displace an award to a certified small business.

d. Proposers seeking TACPA preference must submit a completed STD 830 - Target Area

Contract Preference Act Request, Bidders Summary (DGS-PD-526) and Manufacturers

Summary (DGS-PD-525) with their proposal. Complete Attachment 12.

e. TACPA preference cannot be granted if:

1) The lowest proposed cost does not equal or exceed $100,000 for the entire term, or

2) The work site or any part thereof is fixed or preset by the State, or

3) The services involve construction or a public works project or

f. A proposer who has claimed a TACPA preference and is awarded the contract will be obligated to perform in accordance with the preference(s) requested, provided the preference was granted in obtaining the contract. Firms receiving preference must:

1) Report their labor hours to the State and

2) Reference the state contract on which the award is based for the specific reporting requirements.

g. Proposers wishing to learn more about TACPA requirements, designated work site(s) or in California should contact the appropriate office of the Department of General

Services at tacpa@dgs.ca.gov. DGS will attempt to determine TACPA eligibility within 5 working days.

3. Combined preferences

The maximum preference or score addition that any proposer may be granted for preference, non-small business subcontractor preference, DVBE Incentive, TACPA preference, preference combined is 15% of the bid amount or $100,000, whichever is less.

Any firm that claims and is granted non-small business subcontractor preference, DVBE

Incentive, TACPA preference cannot displace an award to a certified small business or microbusiness.

4. Commercially Useful Function

Only State of California, Office of Small Business and DVBE Services certified DVBEs who perform a commercially useful function relevant to this solicitation, may be used to satisfy the

DVBE program requirements. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

Definition of Commercially Useful Function: California Code of Regulations, Title 2, § 1896.61(l)

The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:

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 responsible, with respect to products, inventories, materials and supplies required mailto:tacpa@dgs.ca.gov for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable and making payment.

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

A contractor, subcontractor, or supplier will not be considered to perform a commercially 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 in order to obtain the appearance of disabled veteran business enterprise participation.

The CDPH Advocates listed herein can be contacted to provide assistance in identifying

DBVE vendors that may perform a commercially useful function applicable to the scope of this solicitation.

BUSINESS PARTICIPATION PROGRAM REQUIREMENTS

1. Disabled Veteran Business Enterprise (DVBE) Incentive

This Agreement is subject to a participation goal of three percent (3%) certified California

Disabled Veteran Business Enterprises (DVBE) as set forth in Public Contract Code Sections

10115, et seq. Further information found at 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.

In accordance with section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who exceed the DVBE program requirement. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-106 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

The following incentive award will apply. Incentive points will be applied to the non-cost points section for evaluation purposes.

California Law requires Disabled Veteran Business Enterprise (DVBE) participation. CDPH policies require DVBE participation of 3-percent on all contracts exceeding $5,000. All

Proposers. Including out-of-state firms must comply with California’s DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE

Certified prime or subcontractor will be deemed non-responsive.

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

Confirmed DVBE Participation of: DVBE Incentive

5% or Over 5%

4% to 4.99% Inclusive 3%

3% to 3.99% Inclusive 1%

For awards based on low price, the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the lowest responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses.

An explanation of the Disabled Veteran Enterprise Program (DVBE) Incentive can be found at the Internet web site DVBE Program Requirements - DGS.CA.gov.

2. DVBE Compliance and Verification

Written Confirmation:

A written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. The written confirmation must include the solicitation number and be signed by the Bidder and DVBE subcontractor(s). The written confirmation shall include but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations shall render the bid non-responsive. If further verification is necessary, the state will obtain additional information to verify compliance with the above requirements.

Disabled Veteran Business Enterprise Declarations (Std. 843):

Per the Military and Veterans Code Section 999.2, this form must be completed and signed by all disabled veteran owner(s) and disabled veteran manager(s) when a DVBE contractor or subcontractor will provide materials, supplies, service, or equipment. The completed form should be included with the bid response. Should the form not be included with the IFB, contact the State contracting official to obtain a copy online from the Department of

General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS) website at Office of Small Business and Disabled Veteran Business Enterprise Services

(ca.gov) .

At the States’ 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.

https://www.dgs.ca.gov/-/media/8B524DA41A3E46B3ADBC69D8D7725E02.ashx https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise-Services?search=office%20of%20small%20business https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise-Services?search=office%20of%20small%20business

DVBE Subcontractor Substitution

The supplier 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 offer, per Military and Veterans Code section 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. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the

State, and penalties as outlined in M&VC section 999.9; Public Contract Code (PCC) section

10115.10.

3. CDPH Advocate

CDPH Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors. If you need additional information, contact the CDPH SB/DVBE representative:

Terry Thomas sbdvbe@cdph.ca.gov

SUBCONTRACTORS

All subcontractors identified in the bid, must be experts in their field and capable of performing the tasks for which they are hired to do. If awarded the agreement, the Contractor must identify all of the SB/MB and Disabled Veteran Business Enterprise (DVBE) firms identified on the

SB/DVBE Participation Summary and must be identified in the Bidder’s submission of

Attachments Bid Form Budget Detailed Worksheet and should also reference back to the activities being performed in Exhibit A, Scope of Work. (i.e., Subcontractor name: Exhibit A, Paragraph 5. D. 3-5.)

The CDPH reserves the right to approve substitutions of subcontractors, as long as, certified business participation levels remain unchanged.

REQUIRED ATTACHMENTS

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

SAMPLE AGREEMENT

mailto:sbdvbe@cdph.ca.gov

The following represents a sample of the agreement that will be awarded, if any, from this IFB.

Please review it carefully and present any questions in writing to the contact person identified on the cover letter for this IFB.

ATTACHMENT 1 – BIDDER COVER PAGE

Name of Bidding Firm (Legal name as it will appear on the contract)

Mailing Address (Street address, P.O. Box, City, State, Zip Code)

Person authorized to act as the primary contact for matters regarding this proposal:

Printed Name (First, Last): Title:

Telephone number: Fax number: Email address

Person authorized to obligate this firm in matters regarding the resulting contract:

Printed Name (First, Last): Title:

Telephone number: Fax number: Email address

(CORPORATIONS) Name/Title of person authorized by the Board of Directors to sign all proposal documents on behalf of the Board:

Printed Name (First, Last): Title:

Signature of Vendor or Authorized Representative Date:

ATTACHMENT 2 – REQUIRED ATTACHMENT / CERTIFICATION CHECKLIST

Complete this checklist to confirm the items in your proposal. 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.

Confirmed by

Bidder

Qualification Requirements. I certify that I meet the following qualification requirements:

Yes

No

My firm has read and is willing to comply with the terms, conditions, and contract exhibits addressed in the IFB section entitled, “Contract Terms and Conditions”.

Yes

No N/A

(Corporations) My firm is in good standing and qualified to conduct business in

California. [Check “N/A” if not a Corporation.]

Yes

No N/A

(Nonprofit Organizations) My firm is eligible to claim nonprofit status.[Check “N/A” if not a nonprofit organization.]

Yes

No

My firm has a past record of sound business integrity and a history of being responsive to past contractual obligations. My firm authorizes the State to confirm this claim.

Yes

No

My firm will supply before contract execution, proof of self-insurance or copies of insurance certificates proving possession of appropriate liability insurance that meets the requirements stipulated in Exhibit E of the Sample Agreement Confirmed by

Bidder

Bid Content. I have completed and returned the following

Attachments included in the Bid Package:

Confirmed by

CDPH

Yes

No

Attachment 1, Bidder Cover Page Yes

No

Yes

No

Detailed response to Exhibit A – Scope of Work and Bidder

Minimum Qualifications

Yes

No

Yes

No

Exhibit B-1, Cost Worksheet Yes

No

Yes

No

Attachment 2, Required Attachment / Certification Checklist Yes

No

Yes

No

Attachment 4, Bidder Contact Sheet Yes

No

Yes

No

Attachment 5, Business Information Sheet

Yes

Yes

No

Attachment 6, Payee Data Record (STD 204 – https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf &

STD 205

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf)

Yes

No

Yes

No

Attachment 7, Bidder’s Declaration https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-

106.pdf.

Yes

No

Yes

No

Attachment 8, Contractor Certification Clauses (CCC 04/2017) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-

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

Yes

No

Yes

No

Attachment 9, Mandatory Generative Artificial Intelligence

(GenAI) Disclosure & Factsheet Form (STD 1000) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Yes

No

Yes

No

Attachment 10, Bidder References Yes

No https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf 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.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Confirmed by

Bidder

Bid Content. I have completed and returned the following

Attachments included in the Bid Package:

Confirmed by

CDPH

Yes

Attachment 11, Commercially Useful Function (CUF) Certification

Yes

No N/A

Attachment 12, Disabled Veteran Business Enterprise Declaration https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

No N/A

Yes

No

Attachment 13, Darfur Contracting Act http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

Yes

No N/A

Small Business certification status with the Department of General

Services, Office of Small Business Certification and Resources

(OSBCR)

Yes

No N/A

Yes

Insurance Declarations (see Exhibit E)

Yes

No N/A

(California Businesses) Copy of a current business license issued by the government jurisdiction in which the business is located, unless no license is required. Attach an explanation if a license copy cannot be supplied or there is reason to believe no license is required. Check “N/A” if not a California business or no business license is required.

Yes

No N/A

Yes

No N/A

(Corporations) Either a copy of the Certificate of Status issued by

California’s Office of the Secretary of State or a copy of the bidding firm’s active on-line status information downloaded from the California Business Portal website. Attach an explanation if the required documentation cannot be supplied. Check “N/A” if not a Corporation.

Yes

No N/A

Yes

No N/A

(Nonprofit Organizations) A copy of a current IRS determination letter indicating nonprofit or 501 (3) (c) tax exempt status. Check

“N/A” if not a nonprofit organization.

Yes

No N/A

Signature Date

ATTACHMENT 3 – CDPH BIDDER QUALIFICATIONS CHECKLIST (Sample)

To be filled out by program based on information provided in bid from Lowest Apparent Bidder.

Bidders must have a past record of sound business integrity and history of being responsive to past contractual obligations. Bidders must have experience in:

Number Qualification Confirmed by CDPH

1 Three (3) years of experience providing [preventative maintenance and repair of electric and propane forklifts

Yes

No

2 Three (3) years of experience providing [preventative maintenance and repair of electric pallet jacks

Yes

No

3 Three (3) years of experience providing [preventative maintenance and repair of manual pallet jacks

Yes

No

All Proposers. Including out-of-state firms must comply with California’s

DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

If answering “no,” please justify reasoning (additional pages can be used):

Evaluators:

ATTACHMENT 4 – BIDDER CONTACT SHEET

Please complete contact information to be used in agreement, if awarded.

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

Contractor Name

Name of Contractor’s Contract Manager

Telephone: (XXX) XXX-XXXX

Fax: (XXX) XXX-XXXX

E-mail: Xxxxxxxx@xxxxxxxx

A. Direct all inquiries to:

Contractor (TBD)

Section or Unit Name (if applicable)

Attention: [Enter name, if applicable]

Street address & room number, if applicable

P.O. Box Number (if applicable)

City, State, Zip Code

Telephone: (XXX) XXX-XXXX

B. All payments from CDPH to the Contractor; shall be sent to the following address:

Remittance Address

Contractor: [Legal Business Name]

Attention “Cashier”:

Address:

City, State, Zip Code

Telephone: (XXX) XXX-XXXX

ATTACHMENT 5 – BUSINESS INFORMATION SHEET

A signature affixed hereon and dated certifies compliance with all bid requirements. The signature below authorizes the State to verify the claims made on this form.

Name of Bidding Firm: CA Corp. No. (If applicable) Federal ID

Number

Name of Principal (If not an individual): Title: Telephone Number Fax Number

Street Address / P.O. Box City State Zip Code

Type of Business Organization / Ownership (Check all that apply)

Ownership

Sole Proprietor

Partnership

Joint venture

Association

Corporation

Nonprofit

For Profit

Private

Public

Governmental

City/County, California State

Agency, Federal Agency, State

(other than California)

Other:

Other Type of Entity

Public or Municipal Corporation, School or

Water District, California State College, University of California, Joint Powers Agency

Auxiliary College Foundation

Other:

California Certified Small Business Status N/A Microbusiness Small business NVSA

Certified By DGS Certification No: Expiration Date:

If certified, attach a copy of certification letter. If an application is pending, date submitted to DGS:

Small Business Type (If applicable) N/A Services Non-Manufacturer Manufacturer

Contractor (Construction

Type): Contractor’s License Type:

Veteran Status of Business Owner N/A (not a veteran or not certified by DGS)

Disabled Veteran Certified by DGS Certification No. Expiration Date:

If certified, attach a copy of certification letter. If an application is pending, date submitted to DGS:

If an application is pending, date submitted to DGS:

Disadvantaged Business Enterprise Status: N/A Approved by the Cal Trans, Office of Civil Rights.

Certification number issued by Cal Trans: Expiration Date:

Indicate possession of required licenses and/or certifications (if applicable): N/A (None required)

Contractor’s State Licensing Board No. PUC License Number Required Licenses/Certifications (If applicable)

CAL-T-

Signature Date Signed

Printed/Typed Name Title

Public Records Information

The above information is required for statistical reporting purposes. Completion of this form is mandatory. This information will be made public upon award of the contract and will be supplied to department contract staff, California Department of General Services, and possibly other public agencies. To access contract related records, contact the Centralized Contract Services Unit, 1616 Capitol Avenue, MS 1802, P.O. Box 997377, Sacramento, CA 95899-7377 or call 916-601-7241.

ATTACHMENT 6 – PAYEE DATA RECORD & SUPPLEMENT (STD 204 & STD 205)

All bidders must complete the Payee Data Record (STD 204 & STD 205) and include it with the bid response.

The Payee Data Record (STD 204) is available at the following website:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

The Payee Data Record Supplement (STD 205) is available at the following website:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

If you do not have internet access, please contact the CCSU Analyst listed on this solicitation.

ATTACHMENT 7 – BIDDER DECLARATION FORM (GSPD-05-106)

All bidders must complete and sign (at bottom of page) the Bidder Declaration Form (GSPD-05-106) and include it with the bid response.

The Bidder Declaration Form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf.

If you do not have internet access, please contact the CCSU Analyst listed on this solicitation.

ATTACHMENT 8 – CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

All bidders must complete the Contractor Certification Clauses form (CCC 04/2017) and include it with the bid response.

The Contractor Certification Clauses Form (CCC 04/2017) is available at the following website:

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

Folder/Standard-Contract-Language http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf 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 9 – MANDATORY GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE &

FACTSHEET FORM (STD 1000)

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 Disclosure & Factsheet to be completed by the Bidder/Offeror.

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

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

The STD 1000 - Gen is available at the following website:

https://www.documents.dgs.ca.gov/dgs/fmc/…