Invitation for Bid (IFB) IFB Number 26-0220685 For:

AXWAY MFT PLATFORM CLOUD SOFTWARE AS A SERVICE (SAAS) SUBSCRIPTION RENEWAL

Released On:

July 23, 2026 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, solution requirements and 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, Statement of Work (SOW), administrative forms, qualification forms, requirement responses, and all exhibits or 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.

Contents

PART 1: BIDDER INSTRUCTIONS

1 INTRODUCTION

This solicitation is being conducted under the policies and procedures developed by the California Department of Technology (CDT) as provided under Public Contract Code (PCC) §6611 et seq. This solution 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. This solicitation also addresses the requirements that Bidders must meet to be eligible for consideration, as well as addressing the Bidder’s responsibilities before and after award of an Agreement.

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 Axway Managed SecureTransport Cloud Subscription, Advanced Platinum Bundle (hereafter referred to as “Axway MFT Platform Cloud SaaS Subscription Renewal”) for use by the State of California (hereafter referred to as “State”). Refer to Exhibit 1 – Statement 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

Axway MFT platinum cloud subscription continues supporting the SAFE Service in a vendor hosted cloud. This subscription includes all of the same features we currently have, including 99.99% SLA, high availability, 24/7 support and provides us with a new feature, anti-virus.

1.3 AGREEMENT TERM

Effective upon approval of the California Department of Technology (CDT) “Effective Date,” the term of this Agreement will be a five (5) year Base Term, with an estimated Agreement execution date of August 31, 2026.

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.

1.5 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 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 needs, 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

This procurement contains multiple phases designed to increase the likelihood of a successful Final Bid and Bidder eligibility for Invitation to Negotiation. These phases:

The Bidder should refer to Section 2.5, Bid Steps, to understand the phases applicable to this solicitation and Section 6, Evaluation, to understand the evaluation process of each phase. It is the Bidder’s responsibility to:

The State uses an online procurement system known as Cal eProcure 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 IT Acquisitions and Program Management Branch Jamie Wong, Procurement Officer Phone: (916) 857-9682 Email: Jamie.Wong@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 7.1, Template for Question Submittal, in an email (using the solicitation identification information form 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 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 below provide the key action dates and items 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 Bidder’s submission of a Final Bid. Dates listed after the Bidder’s submission of a Final Bid are estimated and may be adjusted without an addendum to this solicitation. All dates listed use the ISO 8601 format, YYYY-MM-DD.

Key Action Dates

3 Last day to request Bid upload instructions[footnoteRef:4] 2026-08-05 [4: Refer to Section 5, Bid Format and Submission Requirements.]

4 Last day to submit Final Bid[footnoteRef:5],6 2026-08-07 by 2PM PDT [5: Refer to Section 2.5, Bid Steps.

5 Refer to Section 5.1.8, Bid Opening.

6 All dates after submission of Final Bid are approximate and may be adjusted as conditions indicate without addendum to this solicitation.

7 Actual dates to be determined when the number of Bidders is known.

8 Refer to Section 6.13, Negotiation Phase.]

2.4 RULES GOVERNING COMPETITION

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

2.4.1 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 requirement identified in Section 2.7, Negotiations, will disqualify a vendor from participating in Negotiations and Agreement Award.

A deviation of any mandatory requirement (other than the non-negotiable requirement identified in Section 2.7, Negotiations) must be resolved to the State’s satisfaction during negotiations and corrected in the Bidder’s Best and Final Offer (BAFO).

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

2.4.2 SOLICITATION DOCUMENTS

This solicitation document includes, in addition to an explanation of the State’s requirements which must be met, instructions which prescribe the format and content of Bids to be submitted and the model of the Agreement to the be executed between the State and the successful Bidder.

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, or such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to Section 2.4.6, 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.

2.4.3 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 or Section 4, Bid Format and Submission Requirements.

2.4.4 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 product documents. Further, no consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus products that the consultant would directly or materially benefit from State adoption of such recommendations.

2.4.5 CONFIDENTIALITY

Bidder material becomes public only after the notice of Award is released. If material marked “confidential”, “proprietary”, or “trade secret” is requested pursuant to the Public Records Act, the State will make an independent 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 making 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 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 §19570 et seq. Total confidentiality is paramount; it cannot be over emphasized.

2.4.6 ADDENDA

The State may modify the solicitation at any time prior to submission of Final Bid by issuing an addendum. Addenda will be numbered consecutively.

If a Bidder determines that an addendum unnecessarily restricts its ability to bid, the 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.

2.4.7 BIDDER’S COST

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

2.4.8 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 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 offers 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 offers.

2.4.9 SIGNATURE OF BID

The Agreement Cover Letter (Attachment 2) 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. An unsigned Final Bid may be rejected.

2.4.10 IRREVOCABLE OFFER

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

2.4.11 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.

2.4.12 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.

2.4.13 FAIR EMPLOYMENT AND HOUSING COMMISSION REGULATIONS

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

2.4.14 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 non-compliant 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) non-compliant 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.

2.4.15 AIR OR WATER POLUTION VIOLATIONS

Unless the Agreement is less than $25,000.00 or with a non-competitively bid contactor, 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 Resource 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 discharge requirements or discharge prohibits, or is finally determined to be in violation of provisions of federal law relating to air or water pollution.

2.5 BID STEPS

This solicitation contains a final phase as further described in this selection. Refer to Section 2.3, Key Action Dates to determine due dates and times for each phase and mandatory steps included in this solicitation.

2.5.1 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, required signatures, and any changes issued by the State via an addendum.

Bidders that submit Final Bids meeting the criteria identified in Section 2.7, Negotiations, will be eligible to receive an invitation to negotiate with the State.

The State, at its sole discretion, may request a BAFO from those Bidders that participated in the Negotiation Process as identified in Section 6.13, Negotiation Phase.

2.5.2 WITHDRAWL AND RESUBMISSION OR MODIFICATION OF BIDS

A Bidder may withdraw its Final Bid and any time prior to the Final Bid submission 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 2.4.9, Signature of Bid. The Bidder may thereafter submit a new or modified Bid prior to the respective Bid submission 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.

2.5.3 DISPOSITION OF BIDS

All materials submitted in response to this solicitation will become the property of the State of California 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 Notification of Award is posted. However, materials the State considers as confidential information (such as confidential financial information submitted to show Bidder responsibility) will be returned upon request of the Bidder.

2.6 PROTEST

This solicitation is being conducted under (PCC) §6611 et seq; protest are not applicable to this solicitation.

2.7 NEGOTIATIONS

The State will conduct negotiations under PCC §6611. The purpose of the negotiation process is to maximize the State’s ability to obtain a value effective solution. The State will use the following non-negotiable item to determine if a Bidder’s Final Bid response is successful and the Bidder is eligible for Negotiations in accordance with Section 7.15, Negotiation Phase:

1. Must agree to all terms and condition with no exceptions as stated in accordance with Section 3.9, General Provisions (M).

Negotiated items will be determined by the State after Final Bids are evaluated. If a Bidder’s Bid deviates from any of the non-negotiable requirement above, the Bid will be rejected and not considered for negotiation or Agreement Award. Any deviation of any requirement other than the mandatory non-negotiable requirement above, must be resolved to the State’s satisfaction during negotiations and corrected in the Bidder’s BAFO.

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 this requirement. 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 and apply points, if applicable, per criteria stated in Section 7, Evaluation.

· (MO) – All sections labeled as “Mandatory Optional” or “MO” must be responded to in order to be considered responsive and responsible to these requirements. The responses will be evaluated in accordance with Section 6, Evaluation. It is at the State’s discretion on whether to utilize the option in the Agreement.

3.1 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 in 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 2.4.1, 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 points will be awarded.

3.2 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; 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 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 additional audited balance sheets for the Bidder’s firm.

3.3 PRIMARY BIDDER (M)

An award, if made, will be to a primary Bidder. 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 products 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 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.

3.4 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 products 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. 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.

3.5 SUBCONTRACTORS (M)

Using subcontractors to provide the products 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 that any subcontractor that the Bidder chooses to use in fulfilling the requirements of this solicitation, also meets all administrative and Bid requirements of the solicitation that are applicable to the products and services provided by the subcontractor.

Nothing contained in the resulting Agreement shall create any relationship between the State and any subcontractors, and no subcontractor 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.

The Bidder’s obligation to pay its subcontractor(s) 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 or claims made by subcontractors.

3.6 BIDDER DECLARATION FORM (M)

The Bidder must complete and submit Attachment 3: 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 3: 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

3.7 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.

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 4: Responsibility Certification.

3.9 GENERAL PROVISIONS (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 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 4: Responsibility Certification.

3.9.1 CLOUD COMPUTING SERVICES – GENERAL PROVISIONS (M)

As applicable, the Agreement awarded as result of this solicitation shall automatically incorporate by reference the Cloud Computing Services - General Provisions, revised and effective 2025-02-20, which can be found at the following URL:

https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-Cloud-DGS-PD-402ITGP-Revised-02202025.pdf

3.10 AGREEMENT COVER LETTER (M)

All Bidders must submit Attachment 2; Agreement Cover Letter with its Final Bid. The Agreement Cover Letter (which shall be considered an integral part of the Final Bid) shall be signed by an individual who is authorized to bind the bidding firm contractually. An unsigned Final Bid shall be rejected.

The Bidder shall not add additional language within the Agreement Cover Letter. Conditional statements and exception language within the Agreement 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 2.4.1, Identification and Classification of Solicitation Requirements. 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 2.3, Key Action Dates.

3.11 STATEMENT OF WORK (M)

Exhibit 1 – Statement 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 1 – Statement of Work in its entirety. No modifications to the State’s SOW are acceptable and doing so will be considered a deviation in accordance with Section 2.4.1, Identification and Classification of Solicitation Requirements.

3.12 CONFIDENTIALITY STATEMENT (M)

The Bidder must agree to the State’s confidentiality requirements by submitting a signed Attachment 5: Confidentiality Statement, for the Bidder’s company.

The Bidder engaging in services pertaining to this solicitation, requiring contact with confidential State 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.

3.13 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 an 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/ . The Bidder must complete and submit the required documentation as Attachment 6: Secretary of State Certification, with its Bid Submission.

3.14 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 STD. 204 with its Final Bid as Attachment 7: 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

3.15 IRAN CONTRACTING ACT OF 2010 (M)

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 8: Iran Contracting Act, with its Final Bid, and, if the Bidder is selected, again each time their awarded contract is renewed.

3.16 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).

For contracts over $100,000 executed or renewed after 2017-01-01, if a Contractor has an internal policy against a sovereign nation or people recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

The Bidder must complete and submit Attachment 9: California Civil Rights Laws Certification with its Final Bid, and, if the Bidder is selected, again each time their awarded contract is renewed.

3.17 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.

3.18 BYRD ANTI-LOBBYING AMENDMENT FORM (M)

Bidder must complete, sign and return the Byrd Anti-Lobbying Amendment Form, Attachment 15.

3.19 AUTHORIZED RESELLER LETTER

If the Bidder is not the Manufacturer of the products/services being proposed, the Bidder must provide, on the Manufacturer’s company letterhead and signed by an authorized Axway representative, documentation identifying the Bidder as an authorized Axway reseller. The Authorized Reseller letter should be submitted with the bid response. If this document is not included in the bid response, Bidder shall provide it within five (5) working days after request from the State. Failure to submit required information may result in the bid being considered non-responsive. The State has the option to follow-up and verify any Authorized Reseller letter.

The Bidder must complete and submit Attachment 10: Bid Preferences and Incentives Declaration with its Bid. The Bidder must indicate on Attachment 10: Bid Preferences and Incentives Declaration whether it is or is not claiming each preference or incentive.

3.20.2 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:

· Attachment 3: Bidder Declaration GSPD-05-105

· Attachment 10: Bid Preferences and Incentives Declaration

· Attachment 12: Commercially Useful Function Certification

3.20.3 NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE (O)

A five percent (5%) preference is available to Bidders who qualify as a non-small business claiming at least 25 percent (25%) California-certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the Bidder’s response must include a list of the small businesses with which the form commits to subcontract in an amount of at least 25 percent (25%) of the net response price with one (1) or more California-certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the Agreement as defined in Government Code §14838(b)(1)(2).

Bidders claiming the five percent (5%) preference must commit to subcontract at least 25 percent (25%) of the net response price with one (1) or more California-certified small business. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5 p.m. of the response due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

The preference for a non-small business firm that commits to small business or microbusiness subcontractor participation of 25 percent (25%) of its net response price shall be given five percent (5%) of the highest responsive, responsible firm’s total score. A non-small business that qualifies for this preference, may not take an award away from a certified small business.

If the Bidder is claiming a non-small business using small business subcontractors, the Bidder must complete and submit the following with its Final Bid for each SB Subcontractor:

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts are established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq.

The Bidder who has been certified by California as a DVBE (or who has obtained the participation of subcontractors certified by California as a DVBE) must submit a completed form(s) STD. 843 Disabled Veteran Business Enterprise Declaration for each DVBE. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign a form for each DVBE and submit as Attachment 11: DVBE Declarations. The form is available at: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf The Office of Small Business and DVBE Services offer program information and may be reached at:

Office of Small Business and DVBE Services 707 Third Street, 1st Floor, Room 400 West Sacramento, CA 95606 Receptionist: (916) 375-4940 Fax: (916) 375-4650

3.20.4.1DVBE PARTICIPATION REQUIREMENT (M)

For the purposes of this solicitation, the DVBE Participation Requirement has been waived.

3.20.4.2 DVBE INCENTIVE (O)

In accordance with Military and Veterans Code §999.5(a), an incentive will be given to all Bidders who exceed the three percent (3%) DVBE mandatory participation. For Agreement Award evaluation purposes only, the State shall apply the incentive amount based on the amount of DVBE participation obtained above the three percent (3%) requirement. The incentive is only given to those Bidders who are responsive to the DVBE program requirement and propose DVBE participation in the resulting Agreement that exceeds the mandatory three percent (3%) requirement. The maximum incentive for this procurement is five percent (5%) of the total points available, in accordance with DVBE Incentive as shown below.

DVBE INCENTIVE

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

All certified small business, micro business, DVBE Contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code Section 14837 (for SB), Military and Veterans Code Section 999 (for DVBE), and Title II California Code of Regulations, Section 1896.4 and 1896.62.

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 the transaction, the awarded Agreement, or project through which funds are passed to obtain the appearance of small business or micro business participation.

The Bidder must complete Attachment 12: Commercially Useful Function Certification for each Small Business or DVBE (prime or subcontractor(s)). All Bidders and subcontractors identified in the response to fulfill the requirements for one (1) or more of the socio-economic programs (DVBE and small business) must perform a Commercially Useful Function (CUF) in the resulting Agreement. CUF is defined pursuant to Military and Veterans Code §999(b)(5)(B) and Government Code §14837(d)(4)(A) for the DVBE and small business programs, respectively.

Bidder(s) may be required to submit additional written clarifying information regarding CUF on Attachment 12: Commercially Useful Function Certification. Failure to meet this requirement will be considered a deviation in accordance with Section 2.4.1, Identification and Classification of Solicitation Requirements.

3.20.6 TARGET AREA CONTRACT PERFERENCE ACT (O)

Target Area Contract Preference Act (TACPA) will be granted to…