IFB___26-0176590_D395_Huts_-_Bard_HVAC_System.pdf

INVITATION FOR BID (IFB)

IFB NUMBER 26-0176590

For:

D395 Huts – Bard Heating, Ventilation, and Air Conditioning (HVAC) System

Released On: 2026-08-06

Issued by:

State of California

California Department of Technology

P.O. Box 1810

Rancho Cordova, CA 95741

Part 1 of the solicitation contains the response instructions (including responsibilities of the Bidder), response form instructions and all other instructional or compliance information that the Bidder must meet to be considered responsive and responsible to the solicitation.

Part 2 of the solicitation contains all forms a Bidder must complete and return with its Final Bid, including the Administrative Requirements, Bidder Qualifications, Cost Worksheet and all attachments discussed in Part 1.

Disclaimer: The original version and any subsequent solicitation addenda released by the Procurement Officer of this solicitation remain the official version.

In the event of any inconsistency between the Bidder’s versions, articles, attachments, specifications or provisions (which constitute the Agreement), the official State version of the solicitation in its entirety shall take precedence.

Table of Contents

PART 1 BIDDER INSTRUCTIONS

1 INTRODUCTION

1.1 Purpose of This Invitation for Bid

1.2 Background

1.3 Agreement Term

1.4 Proposed environment

1.5 Americans With Disabilities Act (ADA)

2 BIDDER INSTRUCTIONS

2.1 Bidder Admonishment

2.2 Communications and Contacts

2.3 Key Action Dates

2.4 Pre-Bid Site Walkthrough

2.5 Bid Opening

2.6 Rules Governing Competition

2.7 Bid Steps

2.8 Protests

3 ADMINISTRATIVE REQUIREMENTS

3.1 Response to Administrative Requirements (M)

3.2 Primary Bidder (M)

3.3 Contractor Responsibility (M)

3.4 Subcontractors (M)

3.5 Bidder Declaration Form (M)

3.6 Amendment (M)

3.7 Responsibility Certification (M)

3.8 Ability to Perform (M)

3.9 Financial Stability (M)

3.10 General Provisions (M)

3.11 Cover Letter (M)

3.12 Sample STD 213, Standard Agreement (M)

3.13 Scope of Work (M)

3.14 Insurance Requirements (M)

3.15 Confidentiality Statement (M)

3.16 Secretary of State Certification (M)

3.17 Payee Data Record (M)

3.18 Iran Contracting Act of 2010

3.19 California Civil Rights Laws (M)

3.20 Federal Debarment Certification Form (M)

3.21 Byrd Anti-Lobbying Amendment Form (M)

3.22 Socioeconomic Programs

4 BIDDER QUALIFICATIONS (M)

5 COST

5.1 Cost Worksheet Completion Instructions

State of California IFB Number 26-0176590 California Department of Technology Bidder Instructions

6 BID FORMAT AND SUBMISSION REQUIREMENTS

7 EVALUATION

7.1 Receipt of Preliminary Review

7.2 Administrative Requirements

7.3 Bidder Qualifications

7.4 Cost Evaluation

7.5 Socioeconomic Programs

7.6 Final Bid Results

8 INFORMATIONAL DOCUMENTS

8.1 Template for Question Submittal

PART 2 PROPOSER RESPONSE

VOLUME 1: SOLICITATION FORMS

ATTACHMENT 1: RESPONSE TO ADMINISTRATIVE REQUIREMENTS

ATTACHMENT 2: BIDDER DECLARATION

ATTACHMENT 3: RESPONSIBILITY CERTIFICATION

ATTACHMENT 4: CONFIDENTIALITY STATEMENT

ATTACHMENT 5: SECRETARY OF STATE CERTIFICATION

ATTACHMENT 6: PAYEE DATA RECORD

ATTACHMENT 7: IRAN CONTRACTING ACT

ATTACHMENT 8: CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION

ATTACHMENT 9: BIDDER PREFERENCES AND INCENTIVES

ATTACHMENT 10: DVBE DECLARATIONS

ATTACHMENT 11: COMMERCIALLY USEFUL FUNCTION CERTIFICATION

ATTACHMENT 12: TACPA REFERENCE REQUEST FORMS

ATTACHMENT 13: BYRD ANTI-LOBBYING AMENDMENT FORM

VOLUME 2: BIDDER QUALIFICATONS

VOLUME 3: EXHIBIT B-1 COST WORKSHEET

EXHIBIT A: SCOPE OF WORK

EXHIBIT A-1: WORK AUTHORIZATION FORM

EXHIBIT A-2: WORK AUTHORIZATION ACCEPTANCE DOCUMENT (WAAD) FORM

EXHIBIT B-1: COST WORKSHEET

EXHIBIT B: PAYMENT AND INVOICING

EXHIBIT C: NON-INFORMATION TECHNOLOGY GENERAL PROVISIONS (DGS PD 403-ITGP)

EXHIBIT D: CA DEPT OF TECHNOLOGY SPECIAL TERMS AND CONDITIONS TO SAFEGUARD FEDERAL TAX INFORMATION

EXHIBIT E: SECURITY AND DATA PROTECTION

SAMPLE STD 213 STANDARD AGREEMENT

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PART 1 BIDDER INSTRUCTIONS

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1 INTRODUCTION

This solicitation is being conducted pursuant to Senate Bill (SB) 156 and Government Code Sections 11549.52 and 11549.3. This solicitation contains the instructions governing the requirements for a fixed price to be submitted by interested Bidders. The format that Bid information is to be submitted and the material to be included therein follows.

1.1 PURPOSE OF THIS INVITATION FOR BID

The purpose of this Invitation for Bid (IFB) (hereafter referred to as “solicitation”) is to obtain bids to provide replacement and upgrade of the heating, ventiliation, and air conditioning (HVAC) system at the Digital 395 (D395) Hut locations for use by the State of California (hereafter referred to as “State”). Refer to Exhibit A – Scope of Work, for more information on the goods/services to be procured through this IFB.

The Agreement Award, if made, will be in accordance with the methodology defined in Section 7, Evaluation.

1.2 BACKGROUND

The State administers the Middle-Mile Broadband Initiative (MMBI). The MMBI will create an open-access middle-mile network to bring equitable high-speed broadband services across California homes, businesses, communities, and California Tribal institutions. The Middle-Mile Broadband Network (MMBN) will install the broadband infrastructure along the State Highway System and Interstate System. The open access middle-mile network will provide affordable, middle-mile broadband infrastructure to enable last-mile networks throughout the state and leverage existing networks to prioritize connectivity to unserved regions with no internet connection and underserved communities with inadequate internet connection.

This agreement is to support the MMBI by replacing and upgrading the HVAC system at the D395 Hut locations. This upgrade is vital to enhance the overall climate control, energy efficiency, air quality and cooling capabilities for the newly installed electronics for the MMBN, and to upgrade the existing HVAC infrastructure, design the upgraded system, install the necessary components, and ensure the system is fully operational through comprehensive testing and commissioning. This project is essential to increase the cooling capabilities of the existing huts due to the installation of new equipment that significantly increases heat output. As operational demands continue to grow, the current cooling

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2026-08-06 6 of 101 systems are no longer adequate to maintain optimal environmental conditions for the equipment. All work done under this agreement shall comply with California Code of Regulations, Title 24, Part 6, regulations that establishes California’s building efficiency standards, regulating energy use in residential, nonresidential, and multifamily buildings.

1.3 AGREEMENT TERM

Effective upon approval of the California Department of Technology (CDT) “Effective Date,” the term of this Agreement will be a twelve (12) month Base Term, with an estimated Agreement execution date of TBD.

The State, at its sole discretion, may authorize up to one (1), one (1) year option to extend for a maximum Agreement term of two (2) years (includes Base Term plus all optional extension) at the originally agreed-upon rates specified in this Agreement.

The Contractor shall not be authorized to deliver goods or commence performance of services described in this Agreement prior to the Effective Date.

Any delivery of goods or performance of services by the Contractor that is commenced prior to the Effective Date shall be at no cost to the State.

1.4 PROPOSED ENVIRONMENT

All eleven (11) D395 Hut sites currently have two 5-ton HVAC units. The scope of this project includes replacing the two 5-ton units with two 6-ton Bard units.

Additionally, a 4-ton Bard unit will be added in a 2N+1 configuration at the following four (4) backbone sites:

• Independence, CA

• Ridgecrest, CA

• Reno, NV

• Barstow, CA

1.5 AMERICANS WITH DISABILITIES ACT (ADA)

To comply with the nondiscrimination requirements of ADA, it is the policy of the State of California to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing a reasonable accommodation to participate in the procurement process or for persons having questions regarding reasonable accommodations of the procurement process, you may contact the

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Procurement Officer identified in Section 2.2.1, Procurement Officer. You may also contact the State of California at the numbers listed below.

To ensure that we can meet your need, it is best that we receive your request for reasonable accommodations at least ten (10) working days before the scheduled event, e.g., meeting, conference, workshop, etc., or deadline due date for procurement documents.

The California Relay Service Telephone Numbers are:

TTY/VCO/HCO to Voice

English, 1-800-735-2929

Spanish, 1-800-855-3000

Voice to TTY/VCO/HCO

English, 1-800-735-2922

Spanish, 1-800-855-3000

From or to Speech-to-Speech

English & Spanish, 1-800-854-7784

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2 BIDDER INSTRUCTIONS

2.1 BIDDER ADMONISHMENT

This procurement contains multiple phases designed to increase the likelihood of a successful Final Bid. The Bidder should refer to Section 2.7, Bid Steps, to understand the phases applicable to this solicitation and Section 7, Evaluation, to understand the evaluation process. It is the Bidder’s responsibility to:

1. Carefully read the entire solicitation.

2. Ask appropriate questions in a timely manner, if clarification is necessary.

3. Ensure understanding of the State’s requirements before attempting to develop its Final Bid.

4. Submit all required responses by the required dates and times.

5. Make sure that all requirements of the solicitation are accurately followed and appropriately addressed.

6. Carefully re-read the entire solicitation before submitting a Final Bid.

2.2 COMMUNICATIONS AND CONTACTS

The State uses an online procurement system known as CaleProcure to communicate with prospective Bidders and suppliers. Information and ongoing communications for this solicitation will be posted by the State on the Cal eProcure website, www.caleprocure.ca.gov.

Oral communications by Agency/state entity officers and employees concerning this solicitation shall not be binding on the State and shall in no way excuse the Bidder of any obligations set forth in this solicitation.

2.2.1 PROCUREMENT OFFICER

The Procurement Officer is the State’s designated authorized representative regarding this procurement.

Bidders are directed to communicate, submit questions, deliver responses (Bids), and submit all other correspondence regarding this procurement to the Procurement Officer at the contact information below.

California Department of Technology

Acquisition & IT Program Management Branch, MMBI

Michelle Snasel, Procurement Officer http://www.caleprocure.ca.gov/

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Phone: (916) 857-9155

Email: michelle.snasel@state.ca.gov

2.2.2 QUESTIONS REGARDING THE SOLICITATION DOCUMENT

Bidders requiring clarification of the intent, terms and conditions, content of this solicitation, or on procedural matters regarding the competitive Bid process may request clarification by submitting questions using Section 8.1, Template for Question Submittal, in an email (using the solicitation identification information from the solicitation title page) to the Procurement Officer listed in Section 2.2.1, Procurement Officer. To ensure a response, questions must be received in writing by the scheduled date(s) specified in Section 2.3, Key Action Dates. Question and answer sets will be provided to all Bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

Only questions submitted in writing and answered in writing by the Procurement Officer shall be binding and official. Written questions must be submitted by email to the Procurement Officer. All written questions submitted by the deadline specified in Section 2.3, Key Action Dates, will be responded to at the same time with all questions and answers posted to Cal eProcure in the form of a question-and-answer set.

If a Bidder who desires clarification or further information on the content of the solicitation, but whose questions relate to the proprietary aspect of its Bid and disclosure exposes its Bid to other Bidders, the question may be submitted using the same criteria above with the notation, “CONFIDENTIAL.” The Bidder must explain why the question is sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the Bid, the question will be answered and both the question and answer will be confidentially maintained. If the State does not concur with the proprietary aspect of the question, the question and answer will not be confidentially maintained and the Bidder will be so notified.

2.3 KEY ACTION DATES

The Key Action Dates (KADs) below provide the dates and times by which actions must be taken or completed. If the State finds it necessary to change these dates or times, it will be accomplished via an addendum to this solicitation with the exception of dates listed after the Bid Submission Due Date*. Dates listed after the Bid Submission Due Date* are estimated and may be adjusted without mailto:michelle.snasel@state.ca.gov

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2026-08-06 10 of 101 addendum to this solicitation. All dates listed are for 5PM Pacific Time (PT), unless otherwise specified.

KEY ACTION DATES DATE

Release of IFB 2026-08-06

Mandatory Pre-Bid Site Walkthrough (Day 1) 2026-08-17

Optional Pre-Bid Site Walkthrough (Day 2) 2026-08-18

Optional Pre-Bid Site Walkthrough (Day 3) 2026-08-19

Written Question Submittal Deadline (2:00 PM PT) 2026-08-24

Responses to Questions 2026-08-27

Bid Submission Due Date* 2026-09-04

Public Bid Opening (2:00 PM PT) 2026-09-11

Proposed Notice of Intent Award Date To be determined1

Protest Submission Due Date See date in Notice of Intent to Award

Proposed Agreement Award To be determined1

1Actual dates to be determined when number of Bidder’s is known.

2.4 PRE-BID SITE WALKTHROUGH

A. A Pre-Bid Walkthrough will be in accordance with the following schedule. Bidders who previously attended the Mandatory Pre-Bid Site Walkthrough for IFB 25-0176590 on 2026-06-09 are encouraged, but not required to attend, the Mandatory Pre-Bid Site Walkthrough on 2026- 08-17 for IFB 26-0176590. NOTE: If you previously attended the Mandatory Pre-Bid Site Walkthrough on 2026-06-09 and wish to attend the Mandatory Pre-Bid Site Walkthrough on 2026-08-17 virtually, please contact the Procurement Officer listed in 2.2.1 no later than three (3) full

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2026-08-06 11 of 101 business days prior to the site walkthrough:

Day One (1) is Mandatory, 2026-08-17 @ 9:00 AM PT, will cover three (3) sites. Starting at Barstow (Hut #83), followed by Ridgecrest (Hut #57) and ending with Olancha (Hut #53).

Day Two (2) is Optional, 2026-08-18 @ 9:00 AM PT, will cover four (4) sites. Starting at Independence (Hut #127), followed by Bishop (Hut #126), Mammoth Lakes (Hut #125) and ending with Lee Vining (Hut #124).

Day Three (3) is Optional 2026-08-19 @ 9:00 AM PT, will cover four (4) sites. Starting at Independence (Hut #127), followed by Bishop (Hut #126), Mammoth Lakes (Hut #125) and ending with Lee Vining (Hut #124).

B. The purpose of the site walkthroughs is to give bidders an opportunity to examine the work site before submitting a response to the IFB, ensuring they have a complete understanding of the area(s) and/or specific equipment affecting the work that may not be specifically described herein.

C. Although it is encouraged to visit all three (3) days and all eleven (11) job-sites, it is only required to attend Day 1 as specified in the KADs to be eligible to bid. It is the responsibility of the bidders to be familiar with sites and provide complete responses as change orders will not be permitted. Bidders that do not attend the mandatory walkthrough (Day 1) will not have their bid response evaluated.

D. The Bidder (s) must contact Michelle Snasel at michelle.snasel@state.ca.gov, no later than three (3) full business days prior to the mandatory Day 1 walkthrough to provide the names of those who will be in attendance. Please see KADs for walkthrough schedule.

E. In the event a potential bidder is unable to attend the mandatory pre-bid walkthrough, an authorized representative may attend on their behalf. The representative may only sign-in for one (1) company.

F. For bidders that need assistance due to physical impairment, reasonable accommodation will be provided by the awarding agency upon request. The Bidder must contact Michelle Snasel at michelle.snasel@state.ca.gov no later than two (2) full business days

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2026-08-06 12 of 101 prior to the scheduled date and time of the mandatory pre-bid walkthrough to arrange for reasonable accommodation.

G. Specific questions during the walkthroughs should be limited to the current work site. All questions should be followed-up, in writing, to the Procurement Officer identified in Section 2.2.1.

2.5 BID OPENING

A. Bid openings will be held virtually only on the date and time specified in the KADs.

B. Public Bid Opening dial in information:

https://teams.microsoft.com/meet/255356646329794?p=4TCjp0C8mrQYH0 31Z1

Meeting ID: 255 356 646 329 794

Passcode: 4FY7zr3B

2.6 RULES GOVERNING COMPETITION

This solicitation, the evaluation of bids, and the award of any resultant Agreement shall be made in conformance with current competitive bidding procedures as they relate to the procurement of non-information technology goods and services by public bodies in the State of California.

2.6.1 IDENTIFICATION AND CLASSIFICATION OF SOLICITATION

REQUIREMENTS

The State has established certain requirements with respect to Bids to be submitted by prospective Contractors. The use of “shall,” “must,” or “will” (except to indicate simple futurity) in the solicitation indicates a requirement or condition which is mandatory.

A deviation of any non-negotiable or mandatory requirement will disqualify a vendor from Agreement Award.

The words “should” or “may” in the solicitation indicate desirable attributes or conditions, but are non-mandatory in nature.

2.6.2 SOLICITATION DOCUMENTS

This solicitation document includes instructions which prescribe the format and content of Bids to be submitted and the model of the Agreement to be executed between the State and the successful Bidder.

https://teams.microsoft.com/meet/255356646329794?p=4TCjp0C8mrQYH031Z1 https://teams.microsoft.com/meet/255356646329794?p=4TCjp0C8mrQYH031Z1

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If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this solicitation document, the Bidder shall immediately notify the Procurement Officer identified in Section 2.2.1, Procurement Officer, of such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to Section 2.6.6, Addenda. Such modifications shall be given by written notice to all parties who have identified themselves as Bidders to the Procurement Officer without divulging the source of the request. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible therefore.

If the solicitation document contains an error known to the Bidder, or an error that reasonably should have been known, the Bidder shall bid at its own risk. If the Bidder fails to notify the State of the error prior to the date fixed for submission of Bids, and is awarded the Agreement, the Bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

2.6.3 EXAMINATION OF THE WORK

The Bidder should carefully examine the entire solicitation document and any addenda thereto, and all related materials and data referenced in the solicitation document or otherwise available to the Bidder, and should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work. Specific conditions to be examined may be listed in Section 3, Administrative Requirements.

2.6.4 EXCLUSION FOR CONFLICT OF INTEREST

No consultant shall be paid out of State funds for developing recommendations on the acquisition of products or services or assisting in the preparation of the project documents, while in effect, if that consultant is to be a source of such acquisition or could otherwise directly or materially benefit from State adoption of such recommendations or the course of action recommended in the project documents. Further, no consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus products if that consultant would directly or materially benefit from State adoption of such recommendations.

2.6.5 CONFIDENTIALITY

Bidder material becomes public only after the Public Bid Opening released. If material marked “confidential,” “proprietary,” or “trade secret” is requested pursuant to the Public Records Act, the State will make an independent

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2026-08-06 14 of 101 assessment whether it is exempt from disclosure. If the State disagrees with the Bidder, the State will notify the Bidder and give them a reasonable opportunity to justify their position or obtain a court order protecting the material from disclosure.

The Bidder should be aware that marking a document “confidential” or “proprietary” in a Final Bid may exclude it from consideration for award and will not keep that document from being released after Notice of Intent to Award as part of the public record, unless a court has ordered the State not to release the document. The content of all working papers and discussions relating to the Bidder’s Bid shall be held in confidence indefinitely, unless the public interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement or the evaluation of the Bid.

Any disclosure of confidential information by the Bidder is a basis for rejecting the Bidder’s Bid and ruling the Bidder ineligible to further participate. Any disclosure of confidential information by a State employee is a basis for disciplinary action, including dismissal from State employment, as provided by Government Code §19570 et seq. Total confidentiality is paramount; it cannot be over emphasized.

2.6.6 ADDENDA

The State may modify the solicitation at any time prior to the Bid Submission Due Date by issuing an addendum. Addenda will be numbered consecutively.

A Bidder is allowed five (5) business days from the date the addendum is issued, to submit written questions regarding the addendum according to the instructions contained in Section 2.2.2, Questions Regarding the Solicitation Document.

2.6.7 BIDDER’S COST

Costs for developing Bids are the responsibility entirely of the Bidder and shall not be chargeable to the State.

2.6.8 DISCOUNTS

In connection with any discount offered, except when a provision is made for a testing period preceding acceptance by the State, time will be computed from the date of delivery of the supplies or equipment as specified, or from date correct invoices are received in the office specified by the State if the latter date is later than the date of delivery. When a provision is made for a testing period preceding acceptance by the State, the date of delivery shall mean the date the supplies or equipment are accepted by the State during the specified testing

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2026-08-06 15 of 101 period. Payment is deemed made, for the purpose of earning the discount, on the date of mailing the State warrant or check.

Cash discounts offered by Bidders for the prompt payment of invoices will not be considered in evaluating bids for award purposes; however, all offered discounts will be taken if the payment is made within the discount period, even though not considered in the evaluation of bids.

2.6.9 SIGNATURE OF BID

A Cover Letter shall be considered an integral part of the Final Bid and any bid form requiring signature must be signed by an individual who is authorized to bind the proposing firm contractually. The signature block must indicate the title or position that the individual holds in the firm. An unsigned Final Bid may be rejected.

2.6.10 IRREVOCABLE OFFER

A Bidder’s Final Bid is an irrevocable offer for one-hundred twenty (120) calendar days following the scheduled date for Proposed Agreement Award specified in Section 2.3, Key Action Dates. A Bidder may extend the offer in the event of a delay in the Agreement award.

2.6.11 FALSE OR MISLEADING STATEMENTS

Bids which contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the Bid, and the attribute, condition, or capability is a requirement of this solicitation document, it will be the basis for rejection of the Bidder’s bid.

2.6.12 BONDS

The Contractor shall furnish both a Performance Bond and a Payment Bond, each in an amount equal to 100 percent of the total contract price. The bonds shall be executed by an admitted surety insurer authorized to do business in the State of California and shall be submitted to the State prior to execution of the Contract.

The bonds shall be submitted within ten (10) days of the Notice of Intent to Award.

Failure to provide the required bonds will be grounds for the State to determine the bidder non-responsive and to award the Contract to the next lowest responsive and responsible bidder.

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2.6.13 UNFAIR PRACTICES ACT AND OTHER LAWS

Bidder warrants that its Bid complies with the Unfair Practices Act (Business and Professions Code §17000 et seq.) and all applicable state and federal laws and regulations.

2.6.14 CALIFORNIA CIVIL RIGHTS DEPARTMENT (CRD) REGULATIONS

(FORMALLY DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING (DFEH)

The California Government Code §12990 requires all state Contractors to have implemented a Nondiscrimination Program before entering into any Agreement with the state. The CRD randomly selects and reviews state contractors to ensure their compliance with the law. CRD periodically disseminates a list of contractors who have not complied. Any contractor so identified is ineligible to enter into any state Agreement.

2.6.15 PLASTIC TRASH BAG CERTIFICATION VIOLATIONS

Public Resources Code §42290 et seq. prohibits the state from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a state Agreement or subcontract or renewal, extension, or modification of an existing Agreement or subcontract. Prior to award, the State shall ascertain if the intended awardee or proposed subcontractor is a business identified on the current California Department of Resources Recycling and Recovery (CalRecycle) noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the CalRecycle of the proposed award and afford the CalRecycle the opportunity to advise the State. No award will be made when either the Bidder or a subcontractor has been identified either by published list or by advice from the CalRecycle, to be in violation of certification requirements.

2.6.16 AIR OR WATER POLLUTION VIOLATIONS

Unless the Agreement is less than $25,000 or with a non-competitively bid contractor, Government Code §4477 prohibits the State from entering into any Agreement for the purchase of supplies, equipment, or services from any person, including a corporation or other business association who is in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district, or is subject to a cease and desist order not subject to review issued pursuant to Water Code §13301 for violation of waste

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2026-08-06 17 of 101 discharge requirements or discharge prohibitions, or is finally determined to be in violation of provisions of federal law relating to air or water pollution.

2.7 BID STEPS

Refer to Section 2.3, Key Action Dates to determine due dates and times for each phase and mandatory steps included in this solicitation.

2.7.1 FINAL PHASE

The purpose of the final phase is to obtain complete final bids that are responsive in every respect. The Final Bid is a mandatory step for all Bidders.

The Final Bid must be complete, and include all cost information, attachments, required signatures, and include any changes issued by the State via an addendum.

2.7.2 WITHDRAWAL AND RESUBMISSION OR MODIFICATION OF BIDS

A Bidder may withdraw its Final Bid at any time prior to the Bid Submission Due Date and time specified in Section 2.3, Key Action Dates, by submitting a written notification of withdrawal signed by an authorized representative of the Bidder in accordance with Section 2.6.9, Signature of Bid. The Bidder may thereafter submit a new or modified Bid prior to the respective Bid Submission Due Date and time specified in Section 2.3, Key Action Dates. Modification offered in any other manner, oral or written, will not be considered. Other than as allowed by law, Final Bids cannot be changed or withdrawn after the deadline date and time designated for receipt, except as provided in the solicitation.

2.7.3 DISPOSITION OF BIDS

All materials submitted in response to this solicitation will become the property of the State and will be returned only at the State’s option and at the Bidder’s expense. At a minimum, the master copy of the Final Bid shall be retained for official files and will become a public record after the Notice of Intent Award is issued. However, materials the State considers as confidential information will be returned upon request of the Bidder.

2.8 PROTESTS

All protests concerning the the selection process must be received as promptly as possible, but not later than the date indicated in the Notice of Intent to Award.

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3 ADMINISTRATIVE REQUIREMENTS

Section 3, Administrative Requirements contains the mandatory administrative requirements that must be met in order to be considered responsive to this solicitation. The administrative requirements listed in this section are denoted as follows:

(M) – All sections labeled as “Mandatory” or “M” must be responded to in order to be considered responsive and responsible to these requirements. The responses will be evaluated in accordance with Section 7, Evaluation.

(O) – All sections labeled as “Optional” or “O” are not required to be offered by the Bidder in order to be compliant to the solicitation requirements. A Bidder may choose whether to meet administrative requirements labeled as (O) such as those relating to preference points. However, if a Bidder offers any of these (O) requirements, the Bidder must meet the minimum requirements as stated in the section.

The State will review responses to optional requirements, per criteria stated in Section 7, Evaluation.

3.1 RESPONSE TO ADMINISTRATIVE REQUIREMENTS (M)

The Bidder must indicate its willingness and ability to satisfy these requirements by marking “Yes” on the “Bidder Agrees Yes/No” column on Attachment 1: Response to Administrative Requirements. Answering “No” to any of the mandatory Administrative Requirements or not submitting the required documents with its Final Bid will be considered a deviation in accordance with Section 2.6.1, Identification and Classification of Solicitation Requirements. If a Bidder fails to submit documents to meet the Optional requirements, the Bidder is deemed to have not met the Optional requirements and no incentive or preferences will be applied to the final Bid calculation.

3.2 PRIMARY BIDDER (M)

An award, if made, will be to a primary Bidder and will be referred to as “Contractor”. The awarded primary Bidder will be responsible for successful performance of all subcontractors and support services offered in response to this solicitation. All State policies, guidelines, and requirements that apply to the primary Bidder also apply to subcontractors, as applicable to the goods and services they provide and to their role as a subcontractor. Furthermore, the State will consider the primary Bidder to be the sole point of contact regarding

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2026-08-06 19 of 101 contractual matters for the term of the resulting Agreement. The Bidder shall not assign financial documents to a third-party without prior written approval by the State, and an amendment to the resulting Agreement.

3.3 CONTRACTOR RESPONSIBILITY (M)

The awarded Contractor shall be responsible for successful performance of all Subcontractors and support services offered in response to this solicitation. All State policies, guidelines, and requirements that apply to the awarded Contractor also apply to subcontractors, to the extent applicable to their role as a subcontractor or the goods and services they provide. Furthermore, the State will consider the Contractor to be the sole point of contact regarding contractual matters for the term of the resulting Agreement.

3.4 SUBCONTRACTORS (M)

Using subcontractors to provide the goods and services required by this IFB may enable Bidders to expand their ability to meet the needs of the State. It is the Bidder’s responsibility to ensure any subcontractor that the Bidder chooses to use in fulfilling the requirements of this solicitation, also meets all Administrative and Bidder Minimum Qualification Requirements of the solicitation that are applicable to the goods and services provided by the subcontractor.

Nothing contained in the resulting Agreement shall create any relationship between the State and any subcontractors, and no subcontract shall relieve the Bidder of its responsibilities and obligations. The Bidder is fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them.

The Contractor shall not change subcontractor(s) or DVBE subcontractor(s) if such changes conflict with the work to be performed under this Agreement. For DVBE subcontractor changes, the Contractor shall utilize another DVBE subcontractor.

The State recognizes that changes to subcontractor(s) may become necessary;

however, the Contractor must notify the State of a contemplated change and the reasons for such change no less than seven (7) business days prior to the existing subcontractor’s termination, substitution or replacement, and the Contract Administrator or designee must approve any changes to the subcontractor(s). This also includes any changes made between submittal of the Final Bid and actual start of the Agreement. The State will not compensate the Contractor for any of the Contractor’s time or effort to educate or otherwise make the new subcontractor(s) ready to begin work on the Agreement.

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The Bidder’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to pay or to enforce the payment of any money to any subcontractor. Contractor is solely responsible for any payments to or claims made by subcontractors.

3.5 BIDDER DECLARATION FORM (M)

The Bidder must complete and submit Attachment 2: Bidder Declaration GSPD- 05-105, with its Final Bid. When completing the declaration, the Bidder must identify all subcontractors proposed for participation in the Agreement. The Bidder awarded the Agreement is contractually obligated to use the subcontractors for the corresponding work identified, unless the Agency/state entity agrees to a substitution and it is incorporated, in writing. If the Bidder is not using subcontractors, the Bidder must still complete Attachment 2: Bidder Declaration GSPD-05-105 answering the applicable questions on the form, and submit it with its Final Bid. The form is available at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

3.6 AMENDMENT (M)

Any Agreement executed as a result of this solicitation may be amended consistent with the terms and conditions of the Agreement and by mutual consent of both parties, subject to approval by the CDT under PCC §12100.

3.7 RESPONSIBILITY CERTIFICATION (M)

The Bidder must certify in writing, to the best of its knowledge and belief that the Bidder, the Bidder’s subcontractor(s), and any personnel related to the Agreement to be awarded are not presently debarred, suspended, proposed for debarment or declared ineligible for the award of Agreements by any state or federal agency. The Bidder must submit its certification as Attachment 3:

Responsibility Certification.

3.8 ABILITY TO PERFORM (M)

Prior to award of the Agreement, the State must be assured that the Bidder selected has all of the resources to successfully perform under the Agreement.

This includes, but is not limited to, personnel in the numbers and with the skills required; ability to obtain staff for the optional classifications at a time when the State may choose to utilize them; equipment of appropriate type and in sufficient quantity; financial resources sufficient to complete performance under the Agreement; and experience in similar endeavors. If, during the evaluation https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

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2026-08-06 21 of 101 process, the State is unable to assure itself of the Bidder’s ability to perform the Agreement, based on the information provided in response to the requirements, the State has the option of requesting from the Bidder any additional information that the State deems necessary to determine the Bidder’s responsibility. If such additional clarifying information is required, the Bidder will be so notified and will be permitted up to five (5) state business days to submit the information requested in writing. Examples of the type of financial responsibility information requested may include annual reports and current audited balance sheets for the Bidder’s firm.

3.9 FINANCIAL STABILITY (M)

In order to minimize the potential risk of default due to financial issues, the State reserves the right to request additional documentation throughout the life of the awarded Agreement. The State must be assured that the Proposer continues to have the financial resources to sustain its operations during system development and implementation phases including the time required for the State to pay the Contractor after system acceptance.

3.10 GENERAL PROVISIONS (M)

The Agreement awarded as a result of this solicitation shall automatically incorporate by reference the Non-Information Technology - General Provisions, revised and effective 2025-02-20, which can be found at the following URL:

https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation- Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP- Revised-02202025.pdf

3.11 COVER LETTER (M)

The Bidder must submit a CoverLetter with its Final Bid containing the following:

1. On company letterhead.

2. Include the legal name of the Bidder’s company.

3. Include the address of the Bidder’s company.

The body of the Cover Letter must include the following:

1. A statement the Bid response is the Bidder’s binding offer, good for one hundred twenty (120) calendar days from scheduled Agreement award date, as noted in Section 2.6.10, Irrevocable Offer.

https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP-Revised-02202025.pdf

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2. A statement indicating the Bidder agrees to the terms and conditions of this solicitation including but not limited to Section 3.10, General Provisions

(M) of this solicitation and accepts responsibility as the prime Contractor if awarded the Agreement resulting from this solicitation.

3. A statement indicating the Bidder can meet all IFB requirements, including the appropriate skills to complete the Agreement for all services and provide all deliverables as described in this Solicitation and the SOW.

4. Be signed by an individual who is authorized to bind the bidding firm contractually. The individual’s name must also be typed, and include the title or position that the individual holds in the firm. An unsigned cover letter in the Bidder’s Final Bid will be considered a deviation in accordance with Section 2.6.1, Identification and Classification of Solicitation Requirements.

5. The email and phone number of the person signing the letter.

6. The date signed.

The Bidder shall not add additional language within the Cover Letter. Conditional statements and exception language within the Cover Letter or not accepting the terms and conditions of this solicitation as written by the state, will be considered a deviation in accordance with Section 2.6.1, Identification and Classification of Solicitation Requirements.

3.12 SAMPLE STD 213, STANDARD AGREEMENT (M)

There is a sample of CDT’s STD 213, Standard Agreement form. Once the Notice of Intent to Award is issued, the State will enter all required information into the STD 213 prior to moving forward to the signature process step. The Bidder will be contacted to designate the name and title of the party authorized to bind the Bidder contractually. The State will send the completed finalized STD 213, Standard Agreement, to the Bidder for signing and return to the State for signature, approval, and Agreement execution.

3.13 SCOPE OF WORK (M)

Exhibit A – Scope of Work identifies and describes the tasks and responsibilities of the Contractor and the responsibilities of the State during the term of the Agreement. The Bidder must agree to Exhibit A – Scope of Work in its entirety. No modifications to the State’s SOW are acceptable and doing so will be considered

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2026-08-06 23 of 101 a deviation in accordance with Section 2.6.1, Identification and Classification of Solicitation Requirements.

3.14 INSURANCE REQUIREMENTS (M)

The Contractor is required to meet the Insurance Requirements as stated in Exhibit A – Scope of Work. The prime Contractor shall agree to furnish the State satisfactory evidence of insurance within ten (10) State business days from the State’s posting of its Notice of Intent to Award. These documents are required by the state to assemble to awarded agreement.

3.15 CONFIDENTIALITY STATEMENT (M)

The Bidder must agree to the State’s confidentiality requirements by submitting a signed Attachment 4: Confidentiality Statement, for the Bidder’s company.

The Bidder engaging in services pertaining to this solicitation, requiring contact with confidential State information or State customer information will be required to exercise security precautions for all such data that is made available and must accept full legal responsibility for the protection of this confidential information.

This includes all statistical, personal, technical, or other confidential personal data and information relating to the State’s operations that are designated confidential by the State.

3.16 SECRETARY OF STATE CERTIFICATION (M)

If required by law, the Prime Contractor must submit a certificate of status from the California Secretary of State, showing that the Prime Contractor is certified with the California Secretary of State to do business in the State of California. If the Bidder does not currently have this certification, the firm must be certified before a Agreement award can be made, and must provide information in the Bid Submission to support the status of its application to be certified to do business in the State of California.

Domestic and foreign corporations, Limited Liability Companies (LLCs), Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded the Agreement. The California Secretary of State Certificate of Status must be included with the Bid. The required document(s) may be obtained through the California Secretary of State, Certification and Records Unit at (916) 657-5448 or through the following website:

https://bizfileonline.sos.ca.gov/search/business. The Bidder must complete and https://bizfileonline.sos.ca.gov/search/business

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2026-08-06 24 of 101 submit the required documentation as Attachment 5: Secretary of State Certification, with its Bid Submission.

3.17 PAYEE DATA RECORD (M)

The Payee Data Record (STD.204) indicates the Bidder is subject to state income tax withholdings pursuant to California Revenue and Taxation Code §18662.

The Bidder must complete and submit the Payee Data Record (STD 204) with its Final Bid as Attachment 6: Payee Data Record. The Bidder must provide the company’s Federal Employer Identification Number (Business IRS Number) on this form. The form can be searched for and located at the following website:

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

3.18 IRAN CONTRACTING ACT OF 2010

Division 2, Chapter 2.7 of the PCC is the Iran Contracting Act of 2010. This Act §2203 requires that no one shall submit a bid for an Agreement, or enter into or renew a contract, with a public entity for goods or services valued at $1,000,000 or more if that person (i.e., Bidder or contractor) engages in investment activities of $20,000,000 or more as described in PCC §2202.5 pursuant to all provisions of the Iran Contracting Act of 2010. The Iran Contracting Act of 2010, at §2204 requires Bidders to certify at the time the Bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision

(b) of PCC §2203 as a person engaging in investment activities in Iran described in subdivision (a) of PCC §2202.5, or as a person described in subdivision (b) of PCC §2202.5, as applicable.

The Bidder must complete and submit Attachment 7: Iran Contracting Act, with its Final Bid, and, if the Bid is selected, again each time their awarded contract is renewed.

3.19 CALIFORNIA CIVIL RIGHTS LAWS (M)

For contracts over $100,000 executed or renewed after 2017-01-01, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

For contracts over $100,000 executed or renewed after 2017-01-01, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

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2026-08-06 25 of 101 in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

The Bidder must complete and submit Attachment 8: California Civil Rights Laws Certification with its Final Bid, and, if the Bidder is selected, again each time their awarded contract is renewed.

3.20 FEDERAL DEBARMENT CERTIFICATION FORM (M)

Bidder must complete, sign and return the Federal Debarment Certification Form.

It can be accessed at this link:

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_2.pdf.

All instructions are contained in the form.

3.21 BYRD ANTI-LOBBYING AMENDMENT FORM (M)

Bidder must complete, sign and return the Byrd Anti-Lobbying Amendment Form, Attachment 13.

3.22 SOCIOECONOMIC PROGRAMS

3.22.1 BIDDERS’S PREFERENCE AND INCENTIVE DECLARATION (M)

The Bidder must complete and submit Attachment 9: Bidder Preferences and Incentives with its Bid. The Bidder must indicate on Attachment 9: Bid Preferences and Incentives whether it is or is not claiming each preference or incentive.

3.22.2 SMALL BUSINESS PREFERENCE (O)

California Government Code §14835 et seq. requires that a five percent (5%) preference be given to Bidders who qualify as a Small Business (SB). The rules and regulations of this law, including the definition of a SB, or qualifying non-small business, are contained in Title 2, California Code of Regulations, §1896 et seq.

The definition of nonprofit veteran service agencies qualifying as a SB is contained in §999.50 et seq. of the Military and Veterans Code.

If the Bidder is claiming a SB Preference, the Bidder must complete and submit the following with its Final Bid for each SB:

1. Attachment 2: Bidder Declaration GSPD-05-105

2. Attachment 9: Bidder Preferences and Incentives

3. Attachment 11: Commercially Useful Function Certification https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_2.pdf

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3.22.3 NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE (O)

A five percent (5%) preference is available to Bidders who qualify as a non-small…