IFB_24-3026.docx

IFB 24-3026 Page 15 of 19 California Department of Social Services

March 22, 2024

TRANSLATION – WRITTEN SERVICES

INVITATION FOR BID (IFB) 24-3026

Notice to Prospective Bidders

The California Department of Social Services (CDSS) invites you to review and respond to this Invitation for Bid (IFB) entitled IFB 24-3026, Translation – Written Services. In submitting your bid, you must comply with the instructions found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at Department of General Services Office of Legal Services website.

Public Contract Code (PCC) section 10115 et seq. establishes a contract participation goal of at least three percent (3%) for Disabled Veteran Business Enterprise (DVBE). This goal applies to a state agency’s overall contracting program. State agencies have the discretion to apply the DVBE participation goal to individual contracts. A minimum of 3% DVBE participation is required for this solicitation (see Section 12 of this IFB for DVBE information).

The final date for bid submission is April 19, 2024, 3:00 P.M. Pacific Time (PT). Responses to this IFB and any required copies must be submitted by email, to the department contact noted below:

Jasmine Woodward, Contracts Analyst jasmine.woodward@dss.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.

Sincerely, Alyssa Lawson, Section Chief Non-IT Contracts Bureau

Table of Contents

7. Rank Order Selection Process for Request…………………………………………..9

12. Disabled Veteran Business Enterprise (DVBE) Participation Program Requirements 11

13. Target Area Contract Preference Act (TACPA)…………………………………….15

17. Iran Contracting Act…………….. ……………………………….……………………17

18. California Civil Rights Laws Certification ……………………………………. 17

19. Contractor Certification Clause..……………….……………………………………. 17

20. Payee Data Record, STD 204…….………..….………………………………….….17

21. Insurance Requirements……………………………………………………………….17 Attachments and Exhibits

Attachment 5 – Bidder References Attachment 6 – Subcontractor References (If applicable) Attachment 7 – Bidder Declaration, GSPD-05-105 Attachment 8 – DVBE Declarations, STD 843 (If applicable) Attachment 9 – DVBE Subcontractor Agreement (If applicable) Attachment 10 – Commercially Useful Function Evaluation Form Attachment 11 – Darfur Contracting Act Certification, DGS PD 1 Attachment 12 – Iran Contracting Act Verification Form, DGS PD 3 Attachment 13 – California Civil Rights Laws Attachment, DGS OLS 04 Attachment 14 – Contractor Certification Clause, CCC 04/2017 Attachment 15 –Target Area Contract Preference Act, STD 830 Attachment 16 – Bidder’s Summary of Contract Activities and Labor Hours, DGS PD 526 Attachment 17 – Payee Data Record, STD 204 Exhibit 1 – DVBE Program Requirements Exhibit 2 – Sample Agreement

A. Purpose and Description of Services

1. The purpose of this IFB is for the California Department of Social Services (CDSS) to obtain bids from qualified bidders in order to award agreements which will provide linguistic expertise, desktop publishing skills, materials, Americans with Disabilities Act (ADA) and digital accessibility compliance, supplies, and equipment needed to support CDSS with translation services. Services will be on an as needed basis. Refer to Exhibit 2, Sample Agreement, Exhibit A, Scope of Work for a complete description of Services.

2. It is the intent of CDSS, to award multiple responsive and responsible bidders. A responsive and responsible bidder is a bidder whose solicitation response is compliant with solicitation requirements and is fully capable and qualified to perform the specified services.

B. Bidder Minimum Qualifications

Bidders must complete and return Attachment 2, Minimum Qualifications Certification, certifying that the Bidder satisfies the Minimum Qualifications and requirements. Please include an explanation of how each applicable Minimum Qualification is met. This form must be signed by an individual who is authorized to bind the Bidder contractually. Failure to submit this form may cause the bid to be rejected.

1. As of the final date for bid submission, Bidder must have at least five (5) years of continuous professional translation services experience with a California State Agency or California Public Agency providing professional translation services as described in Exhibit 2, Sample Agreement, Exhibit A.

2. Bidder must be a legal business entity authorized to do business in the State of California. A business license from the city/county in which the Bidder is headquartered shall be submitted with the bid. All businesses based in unincorporated areas are required to submit signed proof of “exempted” business license status from the city or county, if applicable.

3. Bidder’s corporation must be in good standing and qualified to conduct business in California as verified by the California Secretary of State.

4. Bidder shall have their principal place of business located in the State of California and all personnel must reside and conduct CDSS translation services within the United States.

5. Bidder shall ensure all translators utilized to perform the services of the Agreement shall have five (5) years of continuous professional translation experience. Upon award of the Agreement, Bidder agrees to furnish, upon CDSS request, resumes to certify experience of all translators.

6. Bidder shall ensure all translators hold valid and current language certifications. Upon award of the Agreement, Bidder agrees to furnish, upon CDSS request, verification of certification for all translators. Certifications must be from the following:

American Translators Association (ATA), or have proof of certification from a government agency, or other professional service organization for all translators.

Or, If neither the ATA nor other organizational certification is available, the Bidder may certify on company letterhead. The certification must include the following:

a. The translator possesses five (5) years of continuous professional translation experience, and

b. Information which specifies how the translator’s language fluency was verified/tested.

7. Bidder shall ensure only qualified desktop publishing (DTP) staff are utilized to perform the DTP services of the Agreement by meeting each qualification below. Upon award of the Agreement, Bidder agrees to furnish, upon CDSS request, resumes to certify experience of all DTP staff. All DTP staff must have:

a. A minimum of five (5) year of experience providing graphic and page layout typesetting services.

b. Journey level understanding in printing processes including but not limited to layout, bleeds, folding, cropping, text flow, trapping, RGB and CMYK color models, and saving files to different file formats for applications on the Internet and printing to both desktop color printers and large commercial printers.

c. Knowledge of Accessibility laws and requirements and ability to create files which ensures CDSS is in compliance with those laws as outlined in Exhibit 2, Sample Agreement, Exhibit A, Scope of Work.

d. A minimum of five (5) year of experience creating/manipulating PDF files, including the creation of bookmarks and thumbnails.

C. Bid Requirements and Information

1. Key Action Dates

2. Agreement Term

The anticipated term of the resulting Agreement is July 1, 2024 or date of approval by the Department of General Services (DGS), whichever is later, through June 30, 2026. The State may, at its discretion, exercise the option to extend the term of the Agreement for a period not to exceed twelve (12) months and/or add funds to complete the identified tasks at the originally agreed upon service rates. The date of Agreement approval by the State, however, shall be the governing factor as to the date of commencement. Should performance commence before the Agreement is approved, such services may be considered voluntary.

3. Subcontractors

a. Any subcontractor that Bidder chooses to use in fulfilling the requirements of this IFB must also meet all the requirements of this IFB including the minimum qualifications. If Bidder proposes the use of a subcontractor, the Bidder must also submit a list of references, Attachment 6, Subcontractor References, on behalf of the subcontractor.

b. Bidder must submit for the proposed subcontractor the required documentation, name(s) of people or firm(s), qualifications of the proposed subcontractor, and specify the type of work the proposed subcontractor shall be performing, Attachment 7, Bidder Declaration form GSPD-05-105.

c. If Bidder proposes the use of a DVBE subcontractor, Bidder must also submit a completed DVBE Subcontractor Agreement, Attachment 9, DVBE Subcontractor Agreement.

d. Bidder may not substitute any proposed subcontractor listed in the bid without advance written consent of CDSS.

e. Nothing contained in this IFB or otherwise shall create any contractual relationship between CDSS and any subcontractors, and no subcontractor shall relieve the Bidder of its responsibilities and obligations hereunder. The Bidder agrees to be fully responsible to CDSS 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 Bidder. The Bidder’s obligation to pay its subcontractors is an independent obligation from the obligation of CDSS to make payments to the Bidder. As a result, CDSS shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

4. Submission of Bid

a. All documents must be electronically submitted and received by the CDSS contact identified below by the date and time shown in Section C.1, Key Action Dates. The email must be plainly marked with the IFB number and title and your firm’s name, as shown in the following example:

Email: jasmine.woodward@dss.ca.gov Subject: IFB 24-3026 Translation – Written Services, Firm Name, 1 of [XX]

b. If the documents are too large to fit in one (1) email, CDSS will accept multiple smaller emails in order for all documents to be submitted. If submitting in multiple emails, number the emails in the format of “1 of _” so CDSS is aware of how many emails to expect.

c. If submitting via multiple emails, submission of all documents must be received by the CDSS by the date and time shown in Section C.1, Key Action Dates.

d. Bidders may contact only the individual identified above and shall not contact other CDSS personnel for meetings, conferences, or technical discussion related to this IFB. No questions may be answered by other CDSS staff. If bidders are discovered to have contacted other CDSS personnel, CDSS may reject their bid.

e. Bid Opening: The Preliminary Bid Tabulation shall be made available through a posting to the IFB event on Cal eProcure after bid opening completion on the date and time listed in Section C.1, Key Action Dates.

f. All bids shall include documents identified in Attachment 1, Required Attachment checklist. Bids not including the proper required attachments may be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

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

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

i. 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. CDSS may reject any or all bids and may waive an immaterial deviation in a bid. The CDSS’ waiver of all immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded an Agreement.

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

k. An individual who is authorized to bind the bidder contractually shall sign Attachment 3, Bid/Bidder Certification. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

l. 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.

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

n. CDSS may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum, which will be posted on Cal eProcure.

o. CDSS reserves the right to reject all bids. CDSS is not required to award an agreement.

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

q. The State does not accept alternate Agreement language from a Bidder. 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.

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

5. Bidder Questions

Questions related to this IFB shall be submitted in an email by bidders to jasmine.woodward@dss.ca.gov no later than 4:30 PM on April 5, 2024.

The State will summarize all questions and post the summary and response document to Cal eProcure, as a document titled “Questions and Answers to IFB 24-3026.” The State reserves the right to modify or withdraw the IFB, in part or in its entirety. Changes will be announced by addendum and will be posted to Cal eProcure. Oral communications concerning this IFB shall not be binding on the State and shall in no way excuse the bidder of any obligations set forth in this IFB.

Include the following information in your inquiry:

· Contact person’s name

· Firm name

· Contact telephone number and email address

· A description of the subject, issue in question, or discrepancy found

· IFB Section, page number, or other information useful in identifying the specific problem or issue in question

· Remedy sought, if any

6. Evaluation and Award

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. CDSS will evaluate each bid to determine its responsiveness to the published requirements.

c. Bids that contain false or misleading statements, or (if applicable) which provide references, that do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of CDSS, such information was intended to mislead CDSS in its evaluation of the bid, the attribute, condition, or capability of a requirement of this IFB, it may be the basis for rejection of the bid.

d. It is the intent of CDSS to award multiple ranked awards based on responsive and responsible bidders, and may include a maximum of five (5) bidders. A responsive and responsible bidder is a bidder whose solicitation response is compliant with solicitation requirements and is fully capable and qualified to perform the specified services.

e. Award to the primary Contractor, if made, shall be to the lowest responsive responsible Bidder meeting the specifications. Award to the secondary Contractor, if made, shall be to the second lowest responsive responsible Bidder. Award to the third Contractor, if made, shall be to the third lowest responsive responsible Bidder, and so forth if applicable.

f. In the event there are tie bids for any one of the rankings, each responsible responsive bidder will be contacted by CDSS regarding a date and time for a flip of a coin. The bidder(s) whose bid was received first will make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin. However, in the event of a tie between a certified SB and a certified DVBE, the Agreement must be awarded to the DVBE bidder.

g. Awards, if made, will be to the lowest responsive, responsible bidder(s). The small business preference shall be applied in accordance with IFB section C.11.

h. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) working days prior to the award of the agreement.

i. Upon written request by any bidder, notice of the proposed award shall be posted at least five (5) working days prior to awarding the Agreement.

j. At the CDSS’ 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.

k. The winning bidder(s) may be required to submit evidence that they have available sufficient resources to meet the requirements of this IFB.

7. Rank Order Selection Process for Request

In the event of multiple awarded Agreements, the process to request services will be in the following rank order selection:

a. A request by the CDSS Representative shall be sent to the primary Rank 1 Contractor (Contractor with the lowest cost) for the requested services.

b. If the Rank 1 Contractor is unable to provide the services required by CDSS or the Rank 1 Contractor does not accept the request within two (2) business days, CDSS may then contact the secondary ranked Contractor in Rank 2 to perform services.

c. If the Rank 2 Contractor is unable to provide the services required by CDSS or the Rank 2 Contractor does not accept the request within two (2) business days, CDSS may then contact the tertiary Contractor in Rank 3 to perform services, and so forth if award results in additional rankings.

d. CDSS reserves the right to suspend or terminate a Contractor's contract if the ranked Contractor has not timely responded to or denies service requests five (5) or more times over the course of the contract.

8. Protest

If any bidder, prior to the award of the Agreement, files a written protest with the Department of General Services, Office of Legal Services and the CDSS 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. Within five (5) calendar days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the CDSS a detailed, written statement of protest, including the IFB number, the name of the State agency involved, the agency contact person, and must be submitted to both of the following:

Department of General Services Office of Legal Services 707 Third Street, 7th Floor, suite 7-330 West Sacramento, CA 95605 Attention: Protest Coordinator Email: OLSProtests@dgs.ca.gov

AND

California Department of Social Services Non-IT Contracts Bureau 744 P Street, M.S. 9-6-747 Sacramento, CA 95814 Attention: Marissa Enos Email: marissa.enos@dss.ca.gov

Protests may be sent by email, regular mail, courier, or personal delivery. Protestants should include their email address if they have one.

9. 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 [GC] 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 CDSS.

10. Agreement Execution and Performance

a. Performance shall start not later than five (5) days, or on the express date set by the CDSS and the awarded Bidder(s), after all approvals have been obtained and the agreement is fully executed. Should the awarded Bidder(s) fail to commence work at the agreed upon time, the CDSS, upon five (5) days written notice to the awarded Bidder(s), reserves the right to terminate the Agreement. In addition, the awarded Bidder(s) shall be liable to the State for the difference between the awarded Bidder’s bid price and the actual cost of performing work by the second lowest bidder or by another bidder.

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

11. Small Business Enterprise (SBE)

a. Small Business Regulations: SB regulations, located in the California Code of Regulations (CCR) (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et seq.), concerning the application and calculation of the SB preference, SB certification, responsibilities of SB, department certification, and appeals are revised, effective 9/09/04. The new regulations can be viewed at the DGS Procurement Division website. 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.

b. Non-Small Business Subcontractor Preference: A 5% bid preference is now available to a non-small business claiming 25% California certified SB subcontractor participation.

c. Small Business Nonprofit Veteran Service Agencies (SB/NVSA): SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code (MVC) (Section 999.50 et seq.) and obtaining a California certification as a SB are eligible for the 5% SB preference.

d. Attachment with Bid Required if Claiming SB Preference: All bidders must complete and include the Attachment 7, Bidder Declaration, GSPD-05-105. If claiming the non-small business subcontractor preference, the form must list all of the California certified SBs with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price. All certified SBs must perform a “commercially useful function” in the performance of the Agreement as defined in GC Section 14837(d)(4).

e. Small Business Certification: Bidders claiming the SB preference must be certified by California as a SB or must commit to subcontract at least 25% of the net bid price with one or more California certified SBs. Completed certification applications and required support documents must be submitted to 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. SB/NVSA claiming the SB preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

12. Disabled Veteran Business Enterprise (DVBE) Participation Program Requirements

a. Subject to exceptions in the GC and pursuant to regulations, State law requires awarding agencies to have an annual participation goal of three percent (3%) for disabled veteran-owned business enterprises.

DVBE participation percentage for this solicitation is 3%.

b. Introduction

(1) Bidder must document the goals in this bid to comply with this solicitation’s DVBE program requirements. Bids that fail to fully document the DVBE program requirements shall be considered non-responsive and ineligible for award.

(2) All information submitted by the intended awardee to comply with this solicitation’s DVBE requirements will be verified by CDSS. If evidence of an alleged violation is found during the verification process, CDSS shall initiate an investigation with this information in accordance with the requirements of the Public Contract Code (PCC) Section 10115 et seq., MVC Section 999 et seq., and follow the investigatory procedures required by CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.80.

(3) Only DVBEs certified by DGS OSDS who perform a commercially useful function (CUF) relevant to this solicitation may be used to satisfy the DVBE program requirements. The criteria for performing a commercially useful function are indicated in Section D.10, Commercially Useful Function (CUF) Definition, MVC Section 999(b)(5)(B), and CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.61(l). Bidders must verify each DVBE subcontractor’s/supplier’s certification with the DGS OSDS to ensure DVBE eligibility.

c. Resources and Information

For assistance in preparing a responsive DVBE participation document, please contact CDSS’s DVBE Advocate at (916) 657-3784 regarding this solicitation. To locate certified DVBEs and obtain additional information regarding the DVBE program, please refer to Office of Small Business and Disabled Verteran Enterprise Services (OSDS) or contact the OSDS by telephone at (916) 375-4940.

d. Commercially Useful Function (CUF) Definition

(1) The term "DVBE contractor, subcontractor, or supplier" means any person or entity that satisfies the ownership (or management) and control requirements (CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.61(f)), is certified in accordance with CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.70, and provides services or goods that contribute to the fulfillment of the contract requirements by performing a CUF (MVC, Section 999(b)(5)(B) and CCR, Title 2, Division 2, Chapter 3, Subchapter 10.5, Section 1896.61(l)). A DVBE contractor, subcontractor, or supplier is considered performing a CUF when it meets the following criteria:

(a) The business concern is: responsible for the execution of a distinct element of the work of the contract; carrying out its obligation by actually performing, managing, or supervising the work involved; performs work that is normal for its business services and functions; and is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

AND

(b) The business concern is not further subcontracting a greater portion of the work than would be expected by normal industry practices.

e. Commitment

(1) Non-DVBE Bidder

Commit to using certified DVBE(s) for at least three percent (3%) of the contract bid amount.

(a) Non-DVBE Bidder must document the DVBE participation commitment by completing and submitting all of the following documents with their bid:

1) Attachment 7, Bidder Declaration, GSPD-05-105, included in this solicitation. Failure to complete and submit Attachment 7, Bidder Declaration, GSPD-05-105 may render your bid non-responsive.

2) Attachment 9, DVBE Subcontractor Agreement, included in this solicitation. Bidder shall submit a completed DVBE Subcontractor Agreement for each DVBE subcontractor identified in their bid. Only the bidder shall fill out this Agreement and either mail, fax, or email the Agreement to the selected DVBE(s) for signature. Failure to submit an Attachment 9, DVBE Subcontractor Agreement for each DVBE subcontractor identified may render your bid non-responsive. Each DVBE Subcontractor Agreement will include: the term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, the percentage of the entire contract that will be awarded to the DVBE (minimum three percent [3%] unless otherwise specified within this solicitation), and the description of services and/or goods to be performed/supplied by the DVBE subcontractor. If further verification is necessary, the state will obtain additional information to verify the above requirements.

3) Proof of DVBE Certification for each DVBE subcontractor identified on the Attachment 7, Bidder Declaration, GSPD-05-105 via a printout from the DGS OSDS Cal eProcure website.

(2) Certified DVBE Bidder

Commit to performing at least three percent (3%) of the contract bid amount with the prime bidder’s firm or in combination with another DVBE(s).

(a) Certified DVBE bidder must document the DVBE participation commitment by completing and submitting all of the following documents with their bid:

1) Attachment 7, Bidder Declaration, GSPD-05-105 included in this solicitation. Failure to complete and submit the Attachment 7, Bidder Declaration, GSPD-05-105 may render your bid non-responsive.

2) Attachment 8, DVBE Declarations, DGS PD 843, included in this solicitation. Failure to complete and submit the Attachment 8, DVBE Declarations, DGS PD 843 may render your bid non-responsive.

3) Attachment 9, DVBE Subcontractor Agreement, included in this solicitation (only applicable if you intend to utilize a DVBE subcontractor). Bidder shall submit a completed DVBE Subcontractor Agreement for each DVBE subcontractor identified in their bid. Only the bidder shall fill out this Agreement and either mail, fax, or email the Agreement to the selected DVBE(s) for signature. Failure to submit an Attachment 9, DVBE Subcontractor Agreement for each DVBE subcontractor identified may render your bid non-responsive. Each DVBE Subcontractor Agreement will include: the term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, the percentage of the entire contract that will be awarded to the DVBE (minimum three percent [3%] unless otherwise specified within this solicitation), and the description of services and/or goods to be performed/supplied by the DVBE subcontractor. If further verification is necessary, the state will obtain additional information to verify the above requirements.

4) Proof of DVBE Certification via a printout from the DGS OSDS Cal eProcure website.

f. Replacement of DVBE Subcontractor(s)

(1) Bidder understands and agrees that should award of the contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid, per MVC Section 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the DGS. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the contractor’s bid and approved DVBE substitutions will be documented via a contract amendment.

(2) Failure of contractor to seek a substitution and adhere to the DVBE participation level identified in their bid may be cause for contract termination, recovery of damages under rights and remedies due to the CDSS, and penalties outlined in MVC Section 999.9, and PCC Section 10115.10, or PCC Section 4110 (applies to public works only).

g. DVBE Participation Reporting Requirements

If for the contract, the awarded contractor makes a commitment to achieve DVBE participation, then the awarded contractor must, within 60 days of receiving final payment under the contract (or within such other time period as may be specified elsewhere in the contract), certify the following in a report to CDSS: (1) the total dollar amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the total dollar amount each DVBE received from the prime contractor; (4) that all payments under the contact have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (MVC Section 999.5 (d)).

h. For more information about the DVBE incentive refer to Exhibit 1, DVBE Program Requirements

i. In accordance with Senate Bill 588, effective January 1, 2021, the Department shall withhold $10,000, or the full payment if it is less than $10,000 from the final payment on a contract until that certification is received by the awarding department within 60 calendar days after the expiration date of the agreement. If the Contractor fails to meet those certification requirements, the Contractor may be granted 15 to 30 calendar days to cure the defect. If the Contractor does not comply with the requirement, the awarding department shall permanently deduct $10,000 from the final payment, or the full payment if it is less than $10,000 from a contract with the Contractor who does comply with those requirements within the specified period.

13. Target Area Contract Preference Act (TACPA)

a. This IFB provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid/offer.

b. The TACPA workplace and workforce preferences will be evaluated for this IFB. California based companies seeking TACPA preferences must complete and submit Attachment 15, Target Area Contract Preference Act, STD 830 and Attachment 16, Bidder’s Summary of Contract Activities and Labor Hours, DGS PD 526 preference request forms with the bid. The Request Target Area Contract Preference page contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone.

c. By submitting TACPA forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by GC Section 4535 and provided in Section 1896.40 of Title 2 of the CCR in addition to requirements specified on Attachment 15, Target Area Contract Preference Act, STD 830.

d. If a bidder has submitted the completed TACPA request forms, Attachment 15, Target Area Preference Act, STD 830 and Attachment 16, Bidder’s Summary of Contract Activities and Labor Hours, DGS PD 526 with its bid, and all IFB requirements are met, a preference of up to five percent (5%) may be added to the responsive responsible bidder’s score for this IFB.

14. Declaration Forms

a. All bidders must complete Attachment 7, Bidder Declaration, GSPD-05-105, and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the Agreement. Bidders awarded an Agreement are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the Agreement.

b. Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed Attachment 8, DVBE Declarations, DGS 843. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). If applicable, the completed form should be included with the bid response.

15. Commercially Useful Function (CUF) Questionnaire

DGS Procurement Division is the entity responsible for statewide implementation of SB/DVBE program regulations resulting from legislative mandates passed into law. Under GC and MVC any California certified SB, Micro Business, or DVBE Suppliers doing business with the state must perform a CUF. Subsequently, each department’s buyer is held responsible for its CUF compliance procedures and evaluation of a bidder’s activities in response to department solicitations. This applies to Suppliers responding to the department’s solicitations whether prime or subcontractor. CUF must be established prior to making final agreement or purchase order award.

All new SB and DVBE applicants must include the completed Attachment 10, Commercially Useful Function Evaluation Form with their submittal.

16. Darfur Contracting Act

All bidders must address the requirements of the Attachment 11, Darfur Contracting Act Certification, DGS PD 1, for the reason described in PCC Section 10475-10481. Any scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for agreement with a State agency for goods or services. A scrutinized company is defined in PCC section 10476. However, bids may be submitted by scrutinized companies if permission is obtained first from the Department of General Services according to the criteria set forth in PCC section 10477(b).

17. Iran Contracting Act

Prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must complete Attachment 12, Iran Contracting Act Verification Form, DGS PD 3 and either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

18. California Civil Rights Laws Certification

Prior to bidding on, submitting a proposal or executing an agreement or renewal for a State of California agreement over $100,000 on or after January 1, 2017, the bidder or proposer must complete Attachment 13, California Civil Rights Laws Attachment, DGS OLS 04 to certify compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment Housing Act (Section 12960 of the GC) by completing and submitting the Attachment 13, California Civil Rights Law Attachment, DGS OLS 04; and if Bidder has an internal policy against a sovereign nation or peoples recognized by the United States government, the Bidder certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the GC).

19. Contractor Certification Clause

Bidder must submit with the bid, a completed Attachment 14, Contractor Certification Clause, CCC 04/2017, signed by an authorized individual to legally bind the prospective Bidder to the clauses listed within the certification.

20. Payee Data Record, STD 204

Bidders must complete and return the Attachment 17, Payee Data Record, STD 204 to indicate the full business name as it should be reflected on the proposed Agreement (if awarded). If the Bidder is using a Doing Business As (DBA) name, this name should also be reflected on Attachment 17, Payee Data Record, STD 204. This form must be signed by an individual who is authorized to sign Attachment 17, Payee Data Record, STD 204 on behalf of the Bidder.

21. Insurance Requirements

Prior to award of Agreement(s), awarded Bidder(s) may be requested by CDSS to provide proof of insurance in accordance with Exhibit 2, Sample Agreement, Exhibit E, Additional Provisions. Upon execution of the awarded Agreement(s), awarded Contractor shall provide to the CDSS, at their own expense, an endorsed certificate of insurance:

a. Commercial General Liability – Bidder shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Bidder’s limit of liability.

The policy must include California Department of Social Services, State of California, its officers, agents, employees, and servants as additional insureds, but only with respect to work performed under the contract.

This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. In the case of Bidder’s utilization of subcontractors to complete the contracted scope of work, Bidder shall include all subcontractors as insureds under Bidder’s insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Bidder.

b. Workers Compensation and Employers Liability – Bidder shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. Employer’s liability limits of $1,000,000 are required.

When work is performed on State owned or controlled property the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the State. The waiver of subrogation endorsement is to be provided with the certificate of insurance.

c. Professional Liability – Bidder shall maintain professional liability covering any damages caused by a negligent error, act or omission with limits of not less than $1,000,000 per occurrence and $3,000,000 policy aggregate. The policy’s retroactive date must be shown on the certificate of insurance and must be before the date this contract was executed or before the beginning of contract work.

d. General Provisions Applying to All Insurance Policies

1) Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the contract.

2) Policy Cancellation/Termination & Notice of Non-Renewal – Bidder shall provide to the State within five business days a copy of any notice of Cancellation/Termination or Non-renewal received by Bidder for any of the required insurance policies. In the event the Bidder fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

3) Deductible – Bidder is responsible for any deductible or self-insured retention contained within their insurance program.

4) Primary Clause – Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State.

5) Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Bidder is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

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

7) Inadequate Insurance – Inadequate or lack of insurance does not negate the awarded Bidder’s obligations under the resulting Agreement.

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