May 12, 2026

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 18 and acknowledge and meet the deliverables listed on pages 3-9.

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

Questions regarding this IFB must be submitted via email to Acquisitions at acquisitions@cannabis.ca.gov. Question submissions are due no later than May 26, 2026 at 02:00 PM PST. Questions submitted will be answered via an addendum to the solicitation.

Acquisitions Office 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:Acquisitions@cannabis.ca.gov mailto:info@cannabis.ca.gov http://www.cannabis.ca.gov/

Table of Contents

SECTION PAGE(S)

1. Description of Services 3-9

2. Bidder Minimum Qualifications 9

3. Bid Requirements and Information

A. Key Action Dates 9

B. Contract Period 9

C. Submission of Bid 10

D. Evaluation and Selection 11

E. Award and Protest 11

F. Disposition of Bids 11

G. Agreement Execution and Performance 12

H. Termination 12

I. Preference Programs and Participation Requirements 12-13

Additional Provisions 14-17

Required Documents 18

Attachments

A - Cost Proposal 19-23

B - CCC-4/2017 24-26

C - Disabled Veteran Business Enterprise Declarations, Std. 843 27-32

D - Bidder Declaration, GSPD-05-105 33-35

E - Commercially Useful Function 36-37

F - Postconsumer-Content Certification 38-52

G - Darfur Contracting Act Certification 40

H - California Civil Rights Laws Attachment 41

I - Payee Data Record, Std. 204 42-43

Sample Contract Package 44-52

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB # 25-008

Laboratory Instrument Calibration Services

1. Description of Services

The California Department of Cannabis Control (DCC) is in need of a contractor who can provide calibration services for pipettes, balances, and weights. The Contractor in this agreement shall be a nationally and globally recognized International Organization for Standardization (ISO) and Electrotechnical Commission (IEC) ISO/IEC17025 accredited laboratory.

A. CONTRACTOR SHALL PROVIDE:

1) Calibration service and preventative maintenance (PM) for American Society for Testing and

Materials (ASTM) class 1 reference weights. Each calibrated weight shall be supplied with a calibrations certificate that is ISO 17025 compliant and certified as traceable to National Institute of Standards and Technology (NIST) mass standards.

2) On-site instrument maintenance and repair services including spare parts, accuracy adjustments, and calibration services for analytical balances XPR205 and XPE204, and three XS1202S precision balances. Each calibrated balance shall be supplied with a calibration certificate that is ISO 17025 compliant, contains performance measurements for “As Found” and “As Left” calibrations, and include procedures used and uncertainty estimations.

3) On-site instrument preventative maintenance and repair services including spare parts, accuracy adjustments, and ISO 17025 standard calibration, and performance verification and accuracy adjustments for a halogen HS153 Moisture Analyzer. An ISO 17025 compliant certificate shall be provided with each calibration service. Each certificate shall include procedures used, uncertainty estimations and performance measurements for “As Found” and “As Left” calibrations.

4) ISO 17025 accredited standard calibration, repair service and parts, preventative maintenance, and measurement performance verification for single channel and multi-channel (12 channel) pipettes. Each calibrated pipetted shall be supplied with a calibration certificate that is ISO 17025 compliant, contains measurements for “As Found” and “As Left” calibrations, and includes procedures and uncertainty estimations.

B. EQUIPMENT

Contractor shall perform the services outlined in this Agreement on the equipment and components listed in the Equipment List below. For the purpose of this Agreement, all equipment and components shall be referred to as “equipment” unless otherwise specified.

The State reserves the right to add equipment similar to the list specified in this Agreement and delete equipment that has become obsolete through a formal amendment. Additional equipment will be serviced at the rates specified in Attachment A – Cost Proposal.

Equipment List

The following table entails a list of equipment that will be serviced by the Contractor over the course of the contracted period.

Line Item #

(LIN)

Quantity Unit of Measure

Fiscal Years 2026-2029 Service/Commodity Description

1 1 Each 50 mg ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

2 3 Each 100 mg ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

3 3 Each 500 mg ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

4 3 Each 1 g ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

5 3 Each 5 g ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

6 3 Each 10 g ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

7 2 Each 20 g ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

8 2 Each 50 g ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

9 2 Each 100 g ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

10 2 Each 200 g ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

11 1 Each 500 g ASTM class 1 weight calibration, ISO/IEC17025 accredited and ISO 17025 certificate

12 1 Each Analytical balance XPR205 Service – ISO 17025 standard calibration, basic preventative maintenance and performance verification and accuracy adjustments, Accuracy Calibration Certificate (ACC), calibrate manufacturer Annex, ISO 17025 compliant certificate

13 1 Each Analytical balance XPE204 Service – ISO 17025 standard calibration, basic preventative maintenance and performance verification and accuracy adjustments, Accuracy Calibration Certificate (ACC), calibrate manufacturer Annex, ISO 17025 compliant certificate

14 3 Each Precision balance XS1202S Service – ISO 17025 standard calibration, basic preventative maintenance and performance verification and accuracy adjustments, Accuracy Calibration Certificate (ACC), calibrate manufacturer Annex, ISO 17025 compliant certificate

15 1 Each Halogen Moisture Analyzer HS153 Service – ISO 17025 standard calibration, basic preventative maintenance and performance verification and accuracy adjustments to heating unit and weighing unit, ACC Accredited, calibrate Moisture Annex, ISO 17025 compliant certificate

16 100 Each Single channel pipette calibration service – ISO 17025 Accredited standard calibration certificate, repairs and parts, preventative maintenance and measurement performance verification

17 8 Each Multi-channel (12 channel) pipette calibration – ISO 17025 Accredited standard calibration certificate, repairs and parts, preventative maintenance and measurement performance verification

C. RATES

Contractor shall be compensated for all costs associated with the services at the rate specified in Attachment A – Cost Proposal.

D. GENERAL

1) Location

Services shall be performed at the Department of Cannabis Control (DCC) Laboratory facilities located below, unless otherwise specified.

Department of Cannabis Control Cannabis Testing Laboratory Branch (CTLB) 850 Marina Bay Parkway Richmond, CA 94804

2) Normal Business Hours All services shall be performed during the normal business hours of 8:00 AM to 5:00 PM (PST), Monday to Friday, unless otherwise specified. Excluded are State of California holidays, as per the California Department of Human Resources.

3) Contract Period Contract period shall be for thirty-six (36) months.

E. STANDARD REFERENCE WEIGHTS ASTM CLASS 1, ISO 17025 CALIBRATION AND SERVICE

1) Line items 1.1 to 1.11 – Equipment List (section 1. B).

2) Calibration service and preventative maintenance American Society for Testing and Materials

(ASTM) class 1 reference weight.

3) Calibration service shall be carried out by a nationally & globally recognized ISO/IEC17025 accredited laboratory.

4) Contractor shall perform measurement verification and preventative maintenance on weights.

Calibrations services shall include “as found” performance measurements and “as left” performance measurements with results recorded in calibration certificates for all equipment.

5) ISO 17025 compliant calibration certificate shall be supplied with each calibration weight and certified as traceable to NIST mass standards.

6) Weight calibration services may be performed either on site or off site.

F. BALANCES AND MOISTURE ANALYZER ISO 17025 CALIBRATIONS AND SERVICE

1) Line items 1.12 to 1.15 – Equipment List (section 1. B).

2) Services shall be completed by a nationally & globally recognized ISO/IEC17025 accredited laboratory.

3) Contractor shall provide the State with on-site ISO 17025 standard calibration, preventative maintenance, repair, performance verification and accuracy adjustments for analytical balances XPR205 & XPE204, three XS1202S precision balances, and a halogen moisture analyzer model HS153.

4) An ISO 17025 compliant calibration certificate shall be provided with each service. All weights used for metrological testing shall be traceable to national or international standards. The weights were calibrated and certified by an accredited ISO 17025 calibration laboratory.

5) Contractor shall provide an ISO 17025 compliant calibration certificate with each instrument calibrated. Calibrations services shall include “as found” performance measurements and “as left” performance measurements with results recorded in calibration certificates for all equipment.

6) All service of the balances and moisture analyzer will take place within DCC’s laboratory unless authorized by DCC/CTLB.

7) DCC will schedule service by calling or emailing Contractor.

G. PIPETTE SERVICE, REPAIR, AND ISO 17025 COMPLIANT CALIBRATION

1) Line items 1.16 & 1.17 – Equipment List (section 1. B).

2) Services shall be completed by a nationally & globally recognized ISO/IEC17025 accredited laboratory.

3) Contractor shall perform ISO 17025 standard calibration services, including pre-calibration and post-calibration performance measurement verification on each pipette.

4) Contractor shall provide the State with preventative maintenance, measurement performance verification, repairs, and parts replaced as needed by contractor. Worn and/or broken parts, including batteries, should be replaced if they compromise the optimal functions of the pipette.

5) Contractor shall provide an ISO 17025 compliant calibration certificate with each pipette calibrated.

6) Calibrations services shall include “As Found” performance measurements and “As Left” performance measurements with results recorded in calibration certificates for all equipment.

7) Pipette calibration services may be performed either on site or off site.

H. PREVENTATIVE MAINTENANCE

Preventative Maintenance – A schedule of maintenance actions aimed at the prevention of breakdowns and failures of equipment.

1) Contractor shall perform Preventative Maintenance (PM) services on an annual basis. Dates of services will be mutually agreed upon by both parties upon approval of the Agreement.

2) Contractor shall perform PM services on the weights, analytical balances, precision balances and pipettes as specified above in this agreement and to keep the equipment and its components fully operational with the optimum level of efficiency.

3) PM shall be done in accordance with ISO 17025 standards.

4) PM shall include, but not be limited to equipment checks, cleaning, lubrication, adjustments, alignments, calibration, performance accuracy, battery, and parts replacement (as needed) and operational testing.

5) PM shall include replacement of batteries, heating elements, O-rings, and any part needing replacement in an as needed basis. Any replacement part costing more than $200 will require written permission from the DCC.

6) Calibrations services shall include “As Found” performance measurements and “As Left” performance measurements with results recorded in calibration certificates for all equipment.

7) Contractor shall be compensated at the applicable rate specified in Exhibit B, Attachment 1 – Contractor’s Cost Sheet.

8) The Contractor shall provide a written estimate to DCC for the cost needed to perform the preventative maintenance service. The written estimate must include the total estimate of all charges, including parts, labor, and taxes for the preventative maintenance. Contractor shall not perform preventative maintenance service(s) without DCC’s written authorization.

Contractor shall contact DCC to obtain written authorization for all additional expenses not included in the original estimate.

I. REPAIR

Repair Service – An unforeseen or sudden equipment malfunction in which unscheduled service visits are required.

1) Contractor shall perform necessary repair services on weights, analytical balances, precision balances, moisture analyzer, and pipettes as specified above in this agreement and as to keep the equipment and its components fully operational with the optimum level of efficiency.

2) Repairs shall be done in accordance with ISO 17025 standards.

3) Contractor shall perform repair services upon a written or telephone request from DCC.

Contractor shall provide a service reference number to DCC upon receiving request for service.

4) Contractor shall be compensated at the applicable rate specified in Attachment A – Cost

Proposal.

5) Contractor shall respond to requests for service within three (3) business days of request.

6) The Contractor shall provide a written estimate to DCC for the cost needed to perform repair service, including replacement parts, over two hundred ($200.00) dollars. The written estimate must include the total estimate of all charges, including parts, labor, and taxes for the preventative maintenance. Contractor shall not perform preventative maintenance service(s) without DCC’s written authorization. Contractor shall contact DCC to obtain written authorization for all additional expenses not included in the original estimate.

J. CALIBRATION

Calibration – The comparison of measurement values delivered by a device under test with those of a calibration standard of known accuracy in an environmentally controlled facility to see if devices are within or out of manufacturer’s specifications.

1) Contractor shall perform/provide ISO 17025 standard calibration for all equipment.

2) Contractor shall perform calibration services on all weights on an as-needed basis, but at least annually as specified above in this agreement. ISO 17025 compliant certificate and full NIST traceability report shall be supplied with each calibration weight.

3) Contractor shall perform calibration services on all balances and moisture analyzer on an as-needed basis, but at least annually as specified above. Calibration shall take place at DCC’s laboratory. Contractor shall provide an ISO 17025 compliant calibration certificate with each instrument calibrated.

4) Contractor shall perform calibration services on the pipettes on an as-needed basis, but at least annually as specified above. Contractor shall perform pre-calibration and post-calibration performance measurement verification on each pipette. Contractor shall provide an ISO 17025 compliant calibration certificate with each pipette calibrated. Calibration certificate shall include performance measurements of equipment in “As Found” and “As Left” state.

5) Contractor shall identify calibrated pipettes, balances, and moisture analyzer by placing inspection stickers on the equipment. Stickers shall show the date of calibration and/or date of service.

6) Contractor shall perform calibration services upon a written or telephone request from DCC.

Contractor shall provide a service reference number to DCC.

7) Contractor shall ensure all instruments used to verify accuracy and calibrate the equipment shall be certified as traceable to the National Institute of Standards Technology (NIST) standards.

8) Contractor shall provide evidence, including their scope of accreditation, that they are an ISO

17025 accredited laboratory for the calibration services provided in this contract.

9) Contractor shall be compensated at the applicable rate specified in Attachment A – Cost

Proposal.

K. CERTIFICATION

1) Contractor shall perform weight accuracy certifications on calibration weights and the weight set on an annual basis.

2) Contractor shall ensure calibration weights must be American Standards for Testing and Materials International (ASTM International) Class 1 or Class S or equivalent and certified as traceable to NIST mass standards.

3) Contractor shall provide a certification report signifying ISO 17025 certification for all equipment.

4) Contractor shall provide a certification report signifying that a continuing quality control program is in existence.

5) Contractor shall be compensated at the applicable rate specified in Attachment A – Cost Proposal.

L. PARTS REPLACEMENT

1) Contractor shall replace any part that becomes worn or inoperable, or that otherwise affects the equipment’s operability in any way. A written estimate of the required part(s) must be submitted to and approved in writing to DCC, prior to replacement over two hundred ($200.00) dollars.

2) Contractor shall ensure that replacement parts are new, factory manufactured, or of equivalent quality.

3) Parts listed in Attachment A – Cost Proposal shall be invoiced at the rates plus applicable taxes.

4) Contractor shall dispose of replaced parts in accordance with all federal, State, city, and county rules and regulations.

M. EXCLUSIONS

Services provided under this Agreement do not include maintenance of accessories, attachments, machines, or other devices not specified herein. Also excluded are the furnishing of supplies, accessories, or devices of any nature, except such items or equipment deemed necessary for the maintenance and repair of the equipment.

N. ACCEPTANCE

Services performed by the Contractor are to be inspected by DCC after completion. DCC is solely responsible for determining acceptability of the work performed and the operability of the equipment.

O. WARRANTY

1) Parts: Contractor warrants all new and repaired parts only to the extent of the original warranty period.

2) Services: Contractor warrants all services performed for a minimum of six (6) months from the date of service performance.

3) Contractor shall correct any equipment failure that has occurred due to defective parts, or to poor workmanship, at no additional cost to the State, even if the contract expires. Correction shall be made within five (5) business days, or as mutually agreed upon by DCC and the Contractor.

P. RESPONSIBILITIES OF DCC

DCC shall permit the Contractor access to the equipment, subject to State’s security regulations.

Q. RESPONSIBILITIES OF THE CONTRACTOR

1) Services performed by the Contractor shall conform to the latest requirements of federal, State, city, and county regulations. Contractor is responsible for compliance with all applicable laws, codes, rules and regulations in connection with work performed under this Agreement.

2) Contractor shall repair or replace equipment, at DCC’s discretion, any equipment lost, damaged, or stolen while in Contractor’s possession. Replaced equipment will be of equivalent or better quality than equipment listed in the Scope of Work.

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 ............................................... May 12, 2026

• Emailed questions must be received by 2:00 PM............................. May 26, 2026

• Response to Written Questions no later than 5:00 PM ....................June 23, 2026

• Final Date for Bid Submission no later than 5:00 PM ....................... June 30, 2026

• Opening of Cost Proposal ................................................................ July 1, 2026

• Expected Start Date of Contract ...................................................... August 1, 2026 or upon approval

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

B. Contract Period

The term of this agreement is August 1, 2026 or upon approval, through June 30, 2029.

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

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 mailto:acquisitions@cannabis.ca.gov 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 Office, 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

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 Office, 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 mailto:acquisitions@cannabis.ca.gov https://www.treasurer.ca.gov/ctcac/compliance/manual/appendix1/code.pdf 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

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) 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

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)).

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.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 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…