IFB_2405-02_Barracuda_Products_and_Services.pdf

IFB Title: Barracuda Products and Services IFB Number: 2405-02

INVITATION FOR BIDS (IFB)

CONTRA COSTA SUPERIOR COURT

REGARDING:

IFB 2405-02 Barracuda Products and Services

BIDS DUE:

JUNE 10,2024 no later than 12:00 noon Pacific Time

1.0 BACKGROUND INFORMATION

1.1 The Superior Court of California, County of Contra Costa (the Court) needs a vendor who will provide Barracuda products and services for its IT department.

1.2 The purpose of this Invitation to Bid (IFB) is to solicit and award a contract to a qualified provider of Barracuda products and services.

1.3 This IFB has been advertised on FI$CAL CSCR and on

WWW.BIDNETDIRECT.COM/CALIFORNIA/CC-COURTS to achieve wide vendor coverage and enhanced competition. All Barracuda product and service suppliers, including but not limited to, solo providers and partnerships; government agencies; non-profit organizations; private firms; and any combination there-of are invited to submit bids under this IFB.

1.4 All the documents related to this IFB have been uploaded to BidNet Direct (https://www.bidnetdirect.com/california/cc-courts). The bidders are expected to ask questions and submit their bids on BidNet Direct.

1.5 The Court, at its sole discretion, reserves the right to accept or reject any or all the items in the bid, to award the contract in whole or in part to one or more contractors, to make awards with or without negotiations to multiple contractors, or to negotiate any or all items with multiple contractors if it is deemed to be in the Court’s best interest.

Moreover, the Court reserves the right to make no selection if bids are deemed by the Court to be outside the fiscal constraints or against the best interests of the Court.

2.0 DESCRIPTION OF PRODUCTS AND SERVICES

2.1 Scope of Supply

2.1.1 Details of products and services required are given at Exhibit 1 Cost Bid.

2.1.2 The Court may add other terms and conditions over the life of the resulting contract.

2.2 Requirements before commencement of service

2.2.1 Insurance

Bidder will provide an insurance certificate endorsing the Court as an additional insured for Commercial General Liability, and Workers Compensation and Employer’s Liability.

2.2.2 Project Manager

The bidder will identify and assign one single point of contact for the Court in the form of a Project Manager who will have overall responsibility for the performance, coordination and execution of all aspects of the contract resulting from this IFB.

2.3 Personnel Turnover

Winning bidder shall endeavor to minimize turnover of personnel assigned to provide services to the Court.

https://www.bidnetdirect.com/california/cc-courts

2.4 Contract Period

The contract period for the contract resulting from this IFB is two years. The tentative start date and end date (including option periods, if any) are July 1, 2024, and June 30, 2026.

3.0 Required minimum qualifications of a Responsible Bidder for submitting a Responsive bid.

3.1 The bidder must have been in the business of providing Barracuda products and services for at least two years.

3.2 The bidder must not currently be under suspension or other disciplinary review by any local, state, or federal government agency.

3.3 The bidder must not be tax delinquent with the State of California or Federal Government.

3.4 Bidder should be a financially stable organization for the three previous consecutive years (i.e. 2023, 2022 and 2021). Financially stable organization is an entity which has sufficient inflow of funds from normal business funding or earnings to adequately pay all its expenses and liabilities for the time period under review as per the annual returns accepted by Federal or State Income Tax authorities.

3.5 If bidder is a California corporation, limited liability company (“LLC”), limited partnership (“LP”), or limited liability partnership (“LLP”), proof that Bidder is in good standing in California. If Bidder is a foreign corporation, LLC, LP, or LLP, and Bidder conducts or will conduct (if awarded the contract) intrastate business in California, proof that Bidder is qualified to do business and in good standing in its home jurisdiction.

If it is not a California corporation, limited liability company (“LLC”), limited partnership (“LP”), or limited liability partnership (“LLP”) then attach Business License from the City.

3.6 Bidder Acceptance of the Standard Agreement with its Terms and Conditions. On Attachment - Bidder’s Acceptance of Standard Agreement with its Terms and Conditions, the bidder must check the appropriate box indicating acceptance and sign the form.

4.0 TIMELINE FOR THIS IFB

The following is a schedule of key events related to this IFB. All dates are subject to change at the discretion of the Court.

ID EVENT LOCATION TIME DATE

1 IFB issued On BidNet Direct Website 5/24/2024

2 Deadline for questions BidNet Direct Website 5.00 pm PT 6/4/2024 3 All questions/answers posted BidNet Direct Website 5.00 pm PT 6/5/2024

4 Latest date and time bids may be submitted BidNet Direct Website 5.00 pm PT 6/10/2024

5 Bids opened (estimate only) BidNet Direct Website 8.00 am PT 6/11/2024

6 Notice of Intent to Award (estimate only) BidNet Direct Website (To be decided) 6/14/2024

7 Negotiations and execution of contract (estimate only)

725 Court Street, 4th Floor, Martinez, 94553 (To be decided) 6/14/2024

8 Contract execution date (estimate only) NA (To be decided) 6/21/2024

Note 1: Callers are advised to call 1-866-203-1454 and enter the access code 1002 once they hear a tone on the line. The system will not prompt the caller to enter the code.

5.0 IFB ATTACHMENTS

The following attachments are included as part of this IFB:

ID ATTACHMENT DESCRIPTION

1 Exhibit 1 Cost Bid Format

2 Attachment – IFB for Barracuda Products and Services

Provides comprehensive details of all the aspects of this solicitation

Attachment - Administrative Rules Governing Online Solicitation

These rules govern this solicitation.

4 Attachment - Bidder Information Questionnaire

The bidder must fill in all applicable data/information in this form.

5 Attachment - Standard Agreement

If selected, the person or entity submitting a bid (the “Bidder”) must sign a Standard Agreement

Attachment - Bidder’s Acceptance of Standard Agreement with its Terms and Conditions

On this form, the bidder must indicate acceptance of the Standard Agreement with its Terms and Conditions or identify exceptions to the Terms and Conditions. Note: A material exception to a Minimum Term will render a bid non-responsive.

7 Attachment - General Certifications Form

The bidder must complete the General Certifications Form and submit the completed form with its bid.

8 Attachment – Certification of Insurance

The bidder must mark an appropriate choice and submit the completed form with its bid.

9 Attachment – Certification of Acceptance

The bidder must sign this Certificate to ensure that the person signing the Bid has legal capacity to sign on behalf of the bidder.

10 Attachment - Payee Data Record Form

This form contains information the CCSC requires to process payments and must be submitted with the bid.

11 Attachment - Darfur Contracting Act Certification

The bidder must complete the Darfur Contracting Act Certification and submit the completed certification with its bid.

Attachment – Unruh Civil Rights Act CA Fair Employment Housing Certification

The bidder must complete the Unruh Civil Rights Act CA Fair Employment Housing Certification and submit the completed certification with its bid.

13 Attachment - DVBE Bidder Declaration [if applicable]

The bidder must complete and submit this form only if it wishes to claim the DVBE preference associated with this solicitation.

14 Attachment - DVBE Declaration [if applicable]

The bidder must have this form completed and submit with bid only if it wishes to claim the DVBE preference associated with this solicitation.

15 Attachment – “EBS for vendors

– FAQ How To Guide”

This attachment provides directions of how to upload documents on the BidNet Direct website.

6.0 PAYMENT INFORMATION

The bidder should consider the following payment guidelines while preparing its cost proposal:

a. The Court will not make any advance payments.

b. The Court will not reimburse any expenses and not make any progress payments.

c. The vendor shall submit invoices to the Court with “payment due 30 days from invoice date”. Vendor’s invoices must include information and supporting documentation acceptable to the Court.

d. The Court will pay each correct, itemized invoice received from the vendor.

e. The Court and winning bidder will agree on payment terms before executing the contract.

7.0 PRE- BID CONFERENCE CALL

The Court will not hold a pre-proposal conference. Bidders are encouraged to ask questions on BIDNETDIRECT.COM/CALIFORA/CC-COURTS website. The Court will promptly reply to these questions on the website.

8.0 SUBMISSIONS OF BIDS

a. Bids should provide straightforward, concise information that satisfies the requirements of this solicitation. Emphasis should be placed on conformity to the IFB’s instructions and requirements, and completeness and clarity of content.

b. Bidder must submit its bid electronically through BidNet Direct, uploaded as an attachment as per the attachment “EBS for vendors – FAQ How To Guide” in the “Documents” section of the bid information on BidNet Direct.

9.0 BID CONTENTS

9.1 Technical Bid

A. The bidder MUST submit/upload all the data and documents as indicated below to qualify as a responsible bidder making a responsive bid for this IFB. Bidders who have not provided following data/documents will not be considered for further evaluation.

a. The bidder must have been in the business of providing Barracuda products and services in commercial, industrial, or public agency settings for at least two years. (Sign and attach Attachment: Bidder Information Questionnaire)

b. The bidder must make a statement that it is not currently under suspension or other disciplinary review by any local, state, or federal government agency.

(Sign and attach Attachment: General Certifications Form).

c. The bidder must make a statement that it is not tax delinquent with the State of California or Federal Government. (Sign and attach Attachment: General Certifications Form)

d. The bidder will provide abridged financial statements for the years 2023, 2022 and 2021 to establish their financial stability.

e. If bidder is a California corporation, limited liability company (“LLC”), limited partnership (“LP”), or limited liability partnership (“LLP”), proof that bidder is in good standing in California. If bidder is a foreign corporation, LLC, LP, or LLP, and bidder conducts or will conduct (if awarded the contract) intrastate business in California, proof that bidder is qualified to do business and in good standing in its home jurisdiction. (Attach CA Secretary of State Business License or comparable license in home jurisdiction.)

If it is not a California corporation, limited liability company (“LLC”), limited partnership (“LP”), or limited liability partnership (“LLP”) then attach Business License from the City.

h. Bidder Acceptance of the Standard Agreement with its Terms and Conditions. On Attachment - Bidder’s Acceptance of Standard Agreement with its Terms and Conditions, the bidder must check the appropriate box indicating acceptance and sign the form. (Attach Bidder’s Acceptance of Standard Agreement with its Terms and Conditions)

B. The bidder should submit/upload all the documents indicated below as applicable to ensure compliance to legal and solicitation requirements of this IFB:

a. Bidder Information Questionnaire

b. Certification of Acceptance of Standard Agreement with its Terms and Conditions.

c. General Certifications Form

d. Certification of Insurance

e. Certification of Acceptance

f. Payee Data Record Form

g. Darfur Contracting Act Certification

h. DVBE Bidder Declaration [if applicable]

i. DVBE Declaration [if applicable]

j. Darfur Contracting Act Certification.

k. Unruh Civil Rights Act CA Fair Employment Housing Certification.

9.2 Cost Bid

The Bidder should consider the following while preparing the Cost Bid:

a. The Cost bid should be provided in the format indicated at Exhibit 1.

b. With regards to cost, the Court reserves the right, in its sole discretion, to reject any bid whose price is outside the competitive range.

c. Price quoted will be valid for the contract period and all the option periods, if any.

d. Cost bids will be evaluated on their own merit, without regard to bids submitted in response to any other solicitation.

e. The Court is exempt from federal excise taxes and no payment will be made for any taxes levied on bidder employee’s wages. Taxes, if any are applicable, shall be included as a separate line item on bidder’s invoice and indicated separately in the bid.

f. Government Rates – It is expected that all Bidders responding to this solicitation will offer the Bidder’s government or most favored customer rates.

g. It is unlawful for any person engaged in business within State of California to sell or use any article product as a “loss leader” as defined in section 17030 of Business and Profession code.

10.0 OFFER PERIOD

A Bidder's bid is an irrevocable offer for ninety (90) days following the bid due date. In the event a final contract has not been awarded within this period, the Court reserves the right to negotiate extensions to this period. The Court may release all offers upon issuance of a Notice of Intent to Award.

11.0 EVALUATION OF BIDS

The Court will evaluate the bids as described in the Administrative Rules. Award, if made, will be to the responsible bidder who has submitted the lowest responsive bid.

If a contract will be awarded, the Court will post “Intent to Award Notice” on https://www.bidnetdirect.com/california/cc-courts.

12.0 CONFIDENTIAL OR PROPRIETARY INFORMATION

BIDS ARE SUBJECT TO DISCLOSURE PURSUANT TO APPLICABLE PROVISIONS

OF THE CALIFORNIA PUBLIC CONTRACT CODE AND RULE 10.500 OF THE

CALIFORNIA RULES OF COURT. The Court will not disclose (i) social security numbers, or

(ii) balance sheets or income statements submitted by a bidder that is not a publicly traded corporation. All other information in bids will be disclosed in response to applicable public records requests. Such disclosure will be made regardless of whether the bid (or portions thereof) is marked “confidential,” “proprietary,” or otherwise, and regardless of any statement in the bid

(a) purporting to limit the Court’s right to disclose information in the bid, or (b) requiring the Court to inform or obtain the consent of the bidder prior to the disclosure of the bid (or portions thereof). Any bid that is password protected, or contains portions that are password protected, may be rejected. Bidders are accordingly cautioned not to include confidential, proprietary, or privileged information in bids.

13.0 DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE

Bidder will receive a disabled veteran business enterprise (“DVBE”) incentive if, in the Court’s sole determination, bidder has met all applicable requirements. If bidder receives the DVBE incentive, a few points will be added to the score assigned to bidder’s bid. The number of points that will be added is specified in Section 11 above.

DVBE incentive qualification is not mandatory. Failure to qualify for the DVBE incentive will not render a bid non-responsive.

To receive the DVBE incentive, at least 3% of the contract goods and/or services must be provided by a DVBE performing a commercially useful function. Or, for solicitations of non-IT https://www.bidnetdirect.com/california/cc-courts goods and IT goods and services, bidder may have an approved Business Utilization Plan (“BUP”) on file with the California Department of General Services (“DGS”).

If bidder wishes to seek the DVBE incentive:

1. Bidder must complete and submit with its bid the Attachment -Bidder Declaration.

Bidder must submit with the bidder Declaration all materials required in the bidder Declaration.

2. Bidder must submit with its bid an Attachment - DVBE Declaration completed and signed by each DVBE that will provide goods and/or services in connection with the contract. If bidder is itself a DVBE, it must complete and sign the DVBE Declaration.

NOTE: The DVBE Declaration is not required if bidder will qualify for the DVBE incentive using a BUP on file with DGS.

Failure to complete and submit these forms as required will result in bidder not receiving the DVBE incentive. In addition, the Court may request additional written clarifying information.

Failure to provide this information as requested will result in bidder not receiving the DVBE incentive.

If bidder receives the DVBE incentive: (i) Bidder will be required to complete a post-contract DVBE certification. (ii) Failure to meet the DVBE commitment set forth in its bid will constitute a breach of contract.

FRAUDULENT MISREPRESENTATION IN CONNECTION WITH THE DVBE

INCENTIVE IS A MISDEMEANOR AND IS PUNISHABLE BY IMPRISONMENT OR

FINE, AND VIOLATORS ARE LIABLE FOR CIVIL PENALTIES. SEE MVC 999.9

14.0 PROTESTS

14.1. Any protest will be handled as per Section 13 Protest Procedures of the Administrative Rules Governing Online Solicitation, which are attached to this IFB referenced under 5.0 IFB Attachments. These Protest Procedures are in compliance with Chapter 7 of the Judicial Branch Contracting Manual (see www.courts.ca.gov/documents/jbcl-manual.pdf).

Failure of a Bidder to comply with the protest procedures set forth in the Administrative Rules Governing Online Solicitation will render a protest inadequate and non-responsive, and will result in rejection of the protest.

14.2. The deadline for the Court to receive a solicitation specifications protest is last date and time of submitting the bid as indicated in the Section 4.0 Timeline for this IFB.

14.3. Protest as to any award must be submitted not later than 5 court days from the date the notice of intent to award is made.

14.4. Protests must be sent to:

Contra Costa Superior Court Protest Hearing Officer (PHO) Matt Malone, Chief Counsel / Public Information Officer, or designee P.O. Box 1509 Martinez, CA 94553

Please indicate on the envelope:

“ATTN: Financial Services – Protest IFB 2405 – 02”

14.0 PROTESTs