IFB_25-004_PsyCanna_Analyzers.pdf

December 19, 2025

INVITATION FOR BID

NOTICE TO PROSPECTIVE BIDDERS

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

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

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

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

All bids shall include the documents identified on the attached checklist entitled “Required Documents” on page 17 and acknowledge and meet the deliverables listed on pages 3-7.

Proposals not including the required documents and deliverables shall be deemed non-responsive.

Questions regarding this IFB must be submitted via email to Acquisitions Unit at acquisitions@cannabis.ca.gov. Question submissions are due no later than December 29, 2025 at 02:00 PM PST. Questions submitted will be answered via an addendum to the solicitation.

Acquisitions Unit Administrative Division acquisitions@cannabis.ca.gov

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

Table of Contents

SECTION PAGE(S)

1. Description of Services 3-7

2. Bidder Minimum Qualifications 7

3. Bid Requirements and Information

A. Key Action Dates 8

B. Contract Period 8

C. Submission of Bid 8-9

D. Evaluation and Selection 9

E. Award and Protest 9-10

F. Disposition of Bids 10

G. Agreement Execution and Performance 10

H. Termination 10

I. Preference Programs and Participation Requirements 10-12

Additional Provisions 13-16

Required Documents 17

Attachments

A - Cost Proposal 18

B - CCC-4/2017 19-21

C - Contractor Status Form 22

D - Disabled Veteran Business Enterprise Declarations, Std. 843 23-28

E - Bidder Declaration, GSPD-05-105 29-31

F - Commercially Useful Function 32-33

G - Postconsumer-Content Certification 34-35

H - Darfur Contracting Act Certification 36

I - California Civil Rights Laws Attachment 37

J - Payee Data Record, Std. 204 38-39

Sample Contract Package 40-48

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB # 25-004

PsyCanna Analyzers

1. Description of Services

The Contractor shall provide the Department of Cannabis Control (DCC), Law Enforcement Division (LED) with the following, as described herein:

• Conversion of four LightLab 3 cannabis analyzers to the LightLab 3 PsyCanna analyzer software platform.

• LightLab 3 PsyCanna analyzer, law enforcement version.

• Test consumables and accessories.

• Training.

• Extended warranty and calibrations.

The Law Enforcement Division (LED) is the DCC’s designated law enforcement arm comprised of peace officers, and non-sworn support staff. (Bus. & Prof. Code §26015; Pen. Code §830.2, subdivision (j).) LED peace officers are certified by the California Commission on Peace Officer Standards and Training (POST) and perform the full range of peace officer duties including but not limited to, writing and executing search warrants, affecting arrests, making traffic stops and enforcing the Business and Professions, Penal, and Health and Safety Codes.

The LED is responsible for conducting and supporting criminal investigations of unlicensed commercial cannabis activity in California to protect consumers and support the legitimacy of the legal market and preservation of California resources. LED partners with local, state, and federal law enforcement and regulatory agencies in combating unlicensed activity across the supply chain by leveraging all available resources and intelligence.

Service Location

In-person trainings shall be performed at an LED location in California agreed upon by the DCC, LED and the Contractor. Dependent upon the number of attendees, the location(s) may vary anywhere between Sacramento County, Orange County, San Bernardino County, and Los Angeles County. DCC shall confirm the addresses in writing. In addition, DCC will provide advance written notice to the Contractor of any planned changes to the LED locations that would impact this agreement.

Virtual trainings shall be performed on a day and time agreed upon by the DCC, LED and the Contractor.

Service Hours

All in-person and virtual training(s) shall be performed during the business hours 8:00 a.m. to 5:00 p.m., Pacific Standard Time (PST), Monday through Friday, except state holidays.

A. CONTRACTOR SHALL:

1. The Contractor shall ensure a qualified technician performs all services in accordance with the manufacturer’s recommendations and certifications.

2. The Contractor shall supply only new, original equipment manufacturer software, parts and accessories.

3. The Contractor shall provide all labor, tools, equipment, materials, and transportation necessary to perform the services.

4. The Contractor shall furnish written documentation for all services performed.

5. The Contractor shall obtain and maintain, at its sole cost and expense, at all times during the work, all licenses, permits, other authorizations from governmental authorities or boards to enable it to provide the services.

6. In the event of changes in ownership or mergers with any other company, the Contractor shall immediately notify DCC, LED, in writing, informing who the new provider is and the effective date of the change. The DCC, LED must receive the written notification thirty (30) days prior to the change.

Conversion of LightLab 3 Cannabis Analyzers to LightLab 3 PsyCanna Analyzers

1. The Contractor shall upgrade and convert the following LightLab 3 cannabis analyzers to the LightLab 3 PsyCanna analyzer platform. The upgrade shall include calibration valid for 1 year or 1,000 tests, the Converted Cannabinoids Module, and the LightLab 4 PsyCanna Analyzer operation manual. The Contractor shall provide or make readily accessible each new, most current version of the operation manual during the contract period.

a. LL030417

b. LL030418

c. LL030419

d. LL030420

After conversion and upgrade, the aforementioned analyzers shall have the following modules:

a. Standard Cannabinoids

i. Quantify Δ9THC, THC-A, CBD, CBD-A, CBN, CBG, CBG-A

b. Minors Module

i. Quantify CBN-A, CBC-A, CBC, Δ8-THC, Δ10-THC, THCV and THCVA

c. Terpenes Module

i. Semi-Quantitative Analysis

d. Hemp Compliance Module

i. Test below 0.3% THC

e. Converted Cannabinoids Module

i. Quantify Δ9-THCO, Δ8-THCO, Δ9-THCP, Δ8-THCP, HHC

LightLab 3 PsyCanna Analyzer, Law Enforcement Version

1. The Contractor shall provide one new, factory calibrated, LightLab 3 PsyCanna analyzer, to include the following:

a. Accessories:

i. Sample Warmer

ii. Sample Shaker

iii. Portable Scale

iv. Sample Grinder

v. Workbench Fluidics Setup

b. Modules:

i. Standard Cannabinoids

1. Quantify Δ9THC, THC-A, CBD, CBD-A, CBN, CBG, CBG-A

ii. Minors Module

1. Quantify CBN-A, CBC-A, CBC, Δ8-THC, Δ10-THC, THCV and THCVA

iii. Terpenes Module

1. Semi-Quantitative Analysis

iv. Hemp Compliance Module

1. Test below 0.3% THC

v. Converted Cannabinoids Module

1. Quantify Δ9-THCO, Δ8-THCO, Δ9-THCP, Δ8-THCP, HHC

c. Extended Warranty and Calibration Service

d. 1-Hour Virtual Training Session:

i. Instrument operation

ii. Testing overflow

iii. Best practices

iv. Set-up

v. Tear-down

vi. Presentation/lecture portion

vii. Hands on guided training

viii. Live Q&A

e. LightLab 4 PsyCanna Analyzer operation manual.

The Contractor shall provide or make readily accessible each new, most current version of the operation manual during the contract period.

Test Consumables

1. The Contractor shall provide the following supplies for operation of the analyzers. These supplies shall be compatible for the LightLab 3 PsyCanna analyzer.

a. AA-00113: Universal LE Psy Test Kit (25 tests - includes solvent, syringes, filters, vials and PSY Selective Separation Column).

b. AA-00114: Universal LE Psy Workbench Kit (100 tests - includes LightLab 3 PSY Solvent, Selective Separation Column, syringes, filters, and vials).

c. AA-00103: LightLab LE Universal Kit (25 Tests):

i. 3 bottles of LightLab 3 Solvent (250ml)

ii. 1 bottle of LightLab 3 HS Extraction Solvent A (400 ml)

iii. 1 bottle of LightLab 3 HS Extraction Solvent B (400 ml)

iv. 25 syringes, vials and filters

v. 1 Selective Separation Column

vi. Salt, water, alcohol wipes, waste bottles

d. AA-00104: LightLab LE Universal Workbench Kit (100 Tests):

i. 3 bottles of LightLab 3 Solvent (1000 ml)

ii. 4 bottles of LightLab 3 HS Extraction Solvent A (400 ml)

iii. 4 bottles of LightLab 3 HS Extraction Solvent B (400 ml)

iv. 100 syringes, vials and filters

v. 4 Selective Separation Column

vi. Salt, water, alcohol wipes, waste bottles

Test Consumables (Optional)

1. The Exhibit A, Attachment A is a list of test consumables used to prepare samples for testing in the

PsyCanna analyzer.

The Contractor shall have no obligation to provide, and the LED shall have no obligation to pay for, any Exhibit A, Attachment A consumables unless and until such consumables are specifically requested in writing by the LED project representative. Any consumables requested shall be ordered and provided on an as-needed basis during the contract term. Only those consumables expressly requested by the LED project representative shall be billable and payable to the Contractor. All consumables provided under this agreement shall be compatible with the LightLab 3 PsyCanna analyzer.

Accessories

1. The Contractor shall provide the following supplies for operation of the analyzers. These supplies shall be compatible to the LightLab 3 PsyCanna analyzer.

a. AA-00017: LightLab Sample Shaker

b. AS-00019-002: Reverse Flushing Hardware

Accessories (Optional)

1. The Exhibit A, Attachment B is a list of accessories used to operate the analyzer and prepare samples for testing with the PsyCanna analyzer.

The Contractor shall have no obligation to provide, and the LED shall have no obligation to pay for, any Exhibit A, Attachment B accessories unless and until such accessories are specifically requested in writing by the LED project representative. Any accessories requested shall be ordered and provided on an as-needed basis during the contract term. Only those accessories expressly requested by the LED project representative shall be billable and payable to the Contractor. All accessories provided under this provision shall be compatible with the LightLab 3

Training

1. The Contractor shall provide the following training. The trainings shall be specific to the LightLab 3

a. SS-00008: LightLab LE User Training. The virtual training shall prepare individuals for LightLab analyzer use. The number of attendees is unlimited. The hour-long training session shall include the following:

i. Instrument operation

ii. Testing overflow

iii. Best practices

iv. Set-up and tear down

v. Presentation/lecture portion

vi. Hands on guided training

vii. Live Q&A

b. LightLab LE User Training. The in-person training shall prepare individuals for LightLab analyzer use. The number of attendees is unlimited. The training session shall include the following:

i. Instrument operation

ii. Testing overflow

iii. Best practices

iv. Set-up and tear down

v. Presentation/lecture portion

vi. Hands on guided training

vii. Live Q&A

The Contractor is responsible, at its sole cost and expense, at all times during this contract, for all per diem, travel costs, accommodations, customization of training content, licenses, permits, other authorizations from governmental authorities or boards, and materials necessary to enable it to provide the training.

Extended Warranty and Calibration

1. The Contractor shall provide one extended warranty and calibration plan for each of the following analyzers:

a. LL030417

b. LL030418

c. LL030419

DCC’s current four analyzers have warranty valid through June 30, 2026.

2. The extended warranty and calibration plan includes the following:

a. Two-year extended warranty coverage for each analyzer.

b. Maintenance:

i. Hardware performance diagnostic, repair and replacement.

c. Calibration:

i. One calibration. Calibration Service includes preventative maintenance check and basic limited parts exchange. DCC is responsible for shipping and applicable mailing costs. Return shipment by Contractor is included to US customers.

Calibration Service

1. The Contractor shall provide one calibration service, for each of the following analyzers:

a. LL030417

b. LL030418

c. LL030419

e. New Analyzer Purchase, Serial Number TBD

2. Calibration service is required annually or after 1,000 tests, whichever occurs first. The calibration service shall include the following:

a. One calibration. Calibration Service includes preventative maintenance check and basic limited parts exchange. DCC is responsible for shipping and applicable mailing costs.

Return shipment by Contractor is included to US customers.

Support

Telephone and email support shall be available to DCC by the Contractor.

B. DCC SHALL:

The DCC is responsible for providing suitable locations to host the in-person trainings. The training will take place at an LED office agreed upon by both the DCC, LED and the Contractor.

DCC is responsible for shipping and applicable mailing costs.

2. Bidder Minimum Qualifications

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

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

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

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

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

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

A contractor, subcontractor, or supplier will not be considered to perform a 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 through solely to be qualified to submit a proposal or awarded the contract.

3. Bid Requirements and Information

A. Key Action Dates

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

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

• Emailed questions must be received by 2:00 PM............................. December 29, 2025

• Response to Written Questions no later than 5:00 PM ....................January 20, 2026

• Final Date for Bid Submission no later than 5:00 PM ....................... February 03, 2026

• Opening of Cost Proposal ................................................................ February 04, 2026

• Expected Start Date of Contract ...................................................... February 26, 2026

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

B. Contract Period The term of this agreement is February 26, 2026, or upon approval, through June 30, 2027.

C. Submission of Bid

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

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

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

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

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

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

4) All bids shall include the documents identified on the attached checklist entitled “Required Documents” on page 17. Proposals not including the required documents shall be deemed non-responsive.

mailto:acquisitions@cannabis.ca.gov

5) 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.

6) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. DCC may waive any immaterial deviation in a bid. DCC’s waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

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

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

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

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

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

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

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

14) 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.

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

16) Questions regarding this IFB must be submitted to Acquisitions Unit, acquisitions@cannabis.ca.gov.

D. Evaluation and Selection

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

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

3) 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.

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

E. Award and Protest mailto:acquisitions@cannabis.ca.gov

1) Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by email, electronic facsimile transmission, overnight courier, or personal delivery (five) working days prior to the award of the agreement.

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

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

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

F. Disposition of Bids

1) 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.

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

G. Agreement Execution and Performance

1) Service shall be available no later than (30) days, or on the express date set by the DCC and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the DCC, upon (five) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

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

a. The State does not accept alternate contract language from a prospective contractor.

The State’s General Terms and Conditions are not negotiable. (See sample Standard Agreement attached hereto).

H. Termination

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

I. Preference Programs and Participation Requirements https://www.treasurer.ca.gov/ctcac/compliance/manual/appendix1/code.pdf

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

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

1) Certified Small Businesses and Microbusinesses Certification Benefits – Certified Small

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

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

2) Target Area Contract Preference Act (TACPA) – Request Target Area Contract Preference

3) Disabled Veteran Business Enterprise (DVBE)

4) DVBE Bid Incentive

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

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

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

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

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

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

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

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

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise?search=certify%20or%20reapply%20as%20small%20business https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise?search=certify%20or%20reapply%20as%20small%20business https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise?search=certify%20or%20reapply%20as%20small%20business https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=tacpa https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise?search=certify%20or%20reapply%20as%20small%20business https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise?search=certify%20or%20reapply%20as%20small%20business https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise?search=certify%20or%20reapply%20as%20small%20business

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS).

Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

5) Recycled Content Certification

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

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

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

ADDITIONAL PROVISIONS

CONTRACT AND SUBCONTRACT COMPLIANCE REQUIREMENTS

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

UNFAIR PRACTICES ACT

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

CONFLICT OF INTEREST

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

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

LICENSE AND PERMIT REQUIREMENTS

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

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

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

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

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

DISPUTES

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

INSURANCE REQUIREMENTS

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

1. General Provisions Applying to All Policies

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

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

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

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

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

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

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

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

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

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

LIABILITY AND DAMAGES

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

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

DCC.

QUALIFICATIONS

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

MULTIPLE CONTRACTORS

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

SUBCONTRACTORS

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

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

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

POTENTIAL SUBCONTRACTORS

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

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

PRIORITY HIRING CONSIDERATIONS

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

FORCE MAJEURE

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

AMERICAN DISABILITIES ACT

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

NATIONAL LABOR RELATIONS CERTIFICATION

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

GENAI

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI, while balancing the risks of these technologies.

Bidder/Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual

(SAM) 4986.2.

Failure to report GenAI to the State may result in disqualification. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder/Offeror of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

CONTRACT TERMS AND CONDITIONS

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

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

Information Technology General Provisions – (Non-Cloud Goods and Services) – GSPD-ITGP (Non-Cloud) https://www.dgs.ca.gov/~/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP- NonCloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/Resources/SAM/TOC/4900/4986-2 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=11549.64.&highlight=true&keyword=Generative%20Artificial%20Intelligence https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-CloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-CloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-NonCloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-NonCloudRevised-and-Effective-111224.docx

REQUIRED DOCUMENTS

The following documentation must be submitted for your bid to be considered responsive. Please write “N/A” on any form that is not applicable to you and initial the bottom of each form.

Attachment A, Cost Proposal Bid Sheet

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

Attachment C, Contractor Status Form

Attachment D, STD. 843 Disabled Veteran Business Enterprise Declarations

Attachment E, GSPD-05-105 Bidder Declaration

Attachment F, Commercially Useful Function

Attachment G, Recycling Content Certification

Attachment H, Darfur Contracting Act

Attachment I, California Civil Rights Laws Attachment

Attachment J, STD. 204 Payee Data Record

Cost Worksheets – Cost Worksheet, Exhibit A, Attachment A & Exhibit A, Attachment B

Copy of Business License, professional certifications, or other credentials

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

If a nonprofit organization, proof of nonprofit status

If claiming "Small Business Certification" please attach certification

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

Attachment A

COST PROPOSAL

IFB NO. # 25-004

Complete this form and submit in accordance with the requirements of this IFB. Bidder proposes that the services required in this IFB shall be provided to DCC for the following cost:

Fiscal Year Date Range Total Cost

25/26 February 26, 2026 through June 30, 2026 $

26/27 July 1, 2026 through June 30, 2027 $

Total Agreement Amount $

I hereby certify that I am authorized to sign this Cost Sheet and warrant that the cost shown above is accurate and represents an unconditional offer to the California Department of Cannabis Control:

Submitted By

Company Name

Company Address

Telephone Number

Authorized Official and Title

By (Authorized Signature) Date

CCC 04/2017 Attachment B

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-

Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation, and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the

Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov.

Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub.

Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full-time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code…