IFB_2CA07416.pdf

STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN

PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT “FLEX YOUR POWER” AT WWW.CA.GOV

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

Invitation for Bid Notice to Prospective Bidders

July 07, 2025

You are invited to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with these instructions. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

On March 04, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

A Disabled Veteran Business Enterprise (DVBE) goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this IFB. See Section D, Special Programs, Item 1, in this IFB for requirements.

As required by Executive Order S-02-06, the California Department of Forestry and Fire Protection (CAL FIRE) is committed to meeting the State’s 25 percent (25%) Small Business (SB) participation goal.

Certified SBs, Micro Businesses (MB), and contractors willing to commit to subcontracting a minimum of 25 percent (25%) of their net bid price to certified SBs or MBs, are encouraged to submit bids. See Section D, Special Programs, Item 2, in this IFB for requirements.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

This contract requires Prevailing Wages if the total bid amount exceeds $1,000.00. If the total bid amount is under $1,000.00, then Prevailing Wage language will be removed prior to award. Refer to Sample Standard Agreement, for requirement details.

In the opinion of California Department of Forestry and Fire Protection (CAL FIRE), this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Irina Lopatin California Department of Forestry and Fire Protection irina.lopatin@fire.ca.gov http://www.fire.ca.gov/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:irina.lopatin@fire.ca.gov

STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN

PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT “FLEX YOUR POWER” AT WWW.CA.GOV

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

Technical questions regarding this solicitation will be addressed, in writing, and in accordance with the Questions and Answers portion of this IFB. See Section C, Item 1, Key Action Dates for more details.

Irina Lopatin Contract Analyst

Invitation for Bid Number 2CA07416 Plymovent Vehicle Exhaust Removal System Installation

CAL FIRE

Table of Contents

A) Purpose and Description of Services 5 B) Bidder Minimum Qualifications 5 C) Bid Requirements and Information 5

1. Key Action Dates 5

2. Mandatory Pre-Bid Walk-Through 5

3. Written Question and Answer Period 6

4. Costs Included in Bid Rates 6

5. Employment of undocumented Workers 6

6. State General Prevailing Wage Rates 6

7. Postconsumer Content Certification 6

8. Mandatory Organic Waste Recycling 6

9. Motor Carrier Permit Requirements 6

10. Contractor Registration Program 7

11. Contractor’s License 7

12. Subcontractors 7

13. Non-Collusion Declaration for Public Works 7

14. Bonds 7

15. Insurance 7

16. Darfur Contracting Act 8

17. Submission of Bids 10

18. Bid Opening 10

19. Evaluation and Selection 10

20. Award and Protest 10

21. Disposition of Bids 10

22. Standard Conditions of Service 11

23. Generative Artificial Intelligence (GenAI) 11

D) Special Programs 12

1. Disabled Veteran Business Enterprise (DVBE) Program Requirement 12

2. Small Business (SB) or Microbusiness (MB) Preference 12

3. Commercially Useful Function 13

4. CAL FIRE Advocates 13

E) Required Attachments

1. Required Attachment Checklist 14

2. Bid/Bidder Certification Sheet 15

3. Rate Sheet 17

4. Disabled Veteran Business Enterprise Declarations (STD 843) 18

5. Bidder Declarations (GSPD-05-105) 19

6. Darfur Contracting Act Certification (CAL FIRE-720) 20

7. Payee Data Record (STD 204) 22

8. Contractor Certification Clauses (CCC 04/2017) 23

9. Non-Collusion for Public Works 24

10. Quotes From SB/DVBE Subcontractors 25

F) Proposed Form of Agreement 26 STD213 Sample Standard Agreement 26

CAL FIRE

A) Purpose and Description of Services

1. Contractor agrees to provide to the California Department of Forestry and Fire Protection (CAL FIRE) Plymovent

Vehicle Exhaust Removal System Installation.

2. Contractor shall provide all materials, labor, equipment, tools, permits, taxes, transportation, and fees to remove the old Plymovent Vehicle Exhaust System and install a new Plymovent Vehicle Exhaust System.

B) Bidder Minimum Qualifications

1. The Prime Bidder must be either an individual or firm currently licensed to do business in California and provide proof of such as required in Required Attachment Checklist, Attachment 1.

2. The Prime Bidder must have a business license or incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California and provide proof of such as required in Required Attachment Checklist, Attachment 1.

3. Contractor shall be licensed in accordance with the laws of the State of California and shall possess a B-General Building Contractor license with a subcontractor who has a C-20-Warm Air Heating, Ventilating and Air- Conditioning license issued by the California Contractors State Licensing Board (CSLB) or a C-20-Warm Air Heating, Ventilating and Air-Conditioning Contractor license issued by the California Contractors State Licensing Board (CSLB).

4. By submitting its bid, Bidder certifies, under penalty of perjury, that its Contractors State License Board (CSLB) license is in a classification appropriate to the work to be undertaken as identified in the Sample Standard Agreement, Exhibit A, Scope of Work, Section 8. This requirement has also been added in the Sample Standard Agreement, Exhibit E, Section 5. Refer to Section C, Bid Requirements and Information, Contractor License, for submittal requirements.

5. Failure of Bidder to sufficiently provide any or all of the minimum qualifications, in the opinion of CAL FIRE, will result in the Bidder’s bid deemed non-responsive.

C) Bid Requirements and Information

1. Key Action Dates

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

Event Date Time

(Pacific Time)

IFB available to prospective bidders July 07, 2025 11:30 a.m.

Mandatory Site Inspection July 09, 2025 10:00 a.m.

Written Question Submittal July 11, 2025 2:00 p.m.

Final Date and Time for Bid Submission July 23, 2025 5:00 p.m.

Bid Opening July 24, 2025 10:00 a.m.

2. Mandatory Pre-Bid Walk-Through A. A mandatory pre-bid walk-through is scheduled at 10:00 a.m. on July 09, 2025, for the purpose of viewing the site and discussing concerns regarding this IFB.

The meeting site is CAL FIRE- Valley View Fire Center, 3337 County Road 307, Elk Creek, CA 95939.

B. In the event a potential prime contractor is unable to attend the mandatory pre-bid walk-through, an authorized representative may attend on their behalf. The representative may only sign-in for one (1) company. Subcontractors may not represent a potential prime contractor at a mandatory pre-bid walk-through. No bid will be accepted unless the bidder or his authorized representative was in attendance.

3. Written Question and Answer Period A. Potential Bidders who attended the mandatory pre-bid walk-through may submit written questions regarding the bid by 2:00 p.m. on July 11, 2025. All questions should be emailed in writing to irina.lopatin@fire.ca.gov . NO QUESTIONS will be entertained after 2:00 p.m. on July 11, 2025.

B. Written questions must include: the individual's name, firm name, complete address and must reference IFB No. #2CA07416.

C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the Bidder to access the website for any changes or addenda that may be posted. Refer to this IFB, Section C1, Key Action Dates, for the schedule of events and dates/times. It is the responsibility of the bidder to check Cal eProcure for all addenda. Bidder can contact the Contract Analyst named above.

4. Costs Included in Bid Rates Bid prices/rates shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments, including but not limited to, sales and use taxes required by law or otherwise and no additional allowance will be paid unless separate payment provisions in the Agreement should specifically provide otherwise.

5. Employment of undocumented Workers No State agency or department, as defined in California Public Contract Code Section 10335.7, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a Public Works Agreement, who has, in the preceding five (5) years, been convicted of violating a State or Federal law regarding the employment of undocumented workers (Pub. Cont. Code Section 6101).

6. State General Prevailing Wage Rates State General Prevailing Wage Rates will apply for the County(ies) of Tehama and Glenn as described in the attached Sample Standard Agreement, Section E. The predetermined general prevailing wage rates published by the Director of Industrial Relations may be obtained via the Internet:

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. It is the bidder's responsibility to use the correct classification determination published by the Department of Industrial Relations.

7. Postconsumer Content Certification Your signature affixed hereon and dated on the Bid/Bidder Certification Sheet, Attachment 2 shall signify that you are aware of the recycle materials, goods, and supplies program requirements of Public Contract Code Sections 12200 and 12205, and that the Recycled-Content Certification will be required for the successful contractor. The awarded bidder will be required to complete a Postconsumer-Content Certification (CalRecycle 74) and provide the form with the signed Agreement. An incomplete form or failure to provide a completed form will result in cancellation of the Agreement. The Postconsumer-Content Certification can be downloaded at https://calrecycle.ca.gov/buyrecycled/.

8. Mandatory Organic Waste Recycling The Contractor generating organic waste or commercial solid waste shall arrange for the recycling services required by this section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction's franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit or abrogate the Contractors right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Sections 42649.8 et seq

9. Motor Carrier Permit Requirements A. Contractor is responsible for determining whether California Vehicle Code Sections 34601 and 34620 require

Contractor to have a valid Motor Carrier Permit (MCP) issued by the Department of Motor Vehicles (DMV) in order for Contractor to lawfully perform any part or aspect of the work described in Exhibit A, Scope of Work, and, if California Vehicle Code Sections 34601 and 34620 do require same for any part or aspect of such work, Contractor must have a valid MCP(s) issued from the DMV for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain and maintain in good standing during the entire term of this Agreement the any such required MCP(s).

https://caleprocure.com/pages/index.aspx https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm https://calrecycle.ca.gov/buyrecycled/

B. The MCP(s), if any, required for the Contractor's Motor Carriers of Property under California Vehicle Code Sections 34601 and 34620 shall be on file with the Contractor for the duration of this Agreement. Upon request of CAL FIRE, the Contractor must immediately provide to CAL FIRE a copy of the required MCP(s), if any.

10. Contractor Registration Program A. No Contractor or Subcontractor may be listed on a bid proposal for a public works contract unless registered with the Department of Industrial Relations (DIR), pursuant to Labor Code Section 1725.5 with limited exceptions from this requirement for bid purposes only under LC Section 1771.1(a)).

B. No Contractor or Subcontractor may be awarded a public works contract or commercial service contract requiring prevailing wages, unless registered with DIR pursuant to Labor Code Section 1725.5.

C. CAL FIRE will verify each of the registration numbers prior to contract award. Bidders that do not possess the required DIR registration will be deemed non-responsive and rejected from further consideration in the solicitation process.

11. Contractor’s License Bidder must have, at time of bid submittal and for the duration of the contract, a valid, current B-General Building Contractor and C-20- Warm Air Heating, Ventilating and Air-Conditioning Subcontractor license issued by the Contractors State License Board (CSLB) or valid C-20-Warm Air Heating, Ventilating and Air- Conditioning Contractor license issued by the California Contractors State Licensing Board (CSLB), for the type of work to be performed. Bidder shall obtain, pay for and maintain, in good standing, all necessary licenses and permits to accomplish the work. Bidders will be considered non-responsive unless proper licensing requirements are met. An invalid license will result in rejection of the bid. Positive verification of a valid license issued by the CSLB will be performed by CAL FIRE (reference Business and Professions Code Section 7028.15).

12. Subcontractors Bidder may subcontract portions of the work as defined in the attached Sample Standard Agreement. If subcontractors are used, complete the Bidder Declaration (GSPD–05-105), Attachment 5. Bidder must ensure that the subcontractor(s) will have all necessary licenses, permits, and/or certifications to accomplish its portion of the work. Failure of a subcontractor(s) to have the proper licenses, permits, and/or certifications, shall be cause for rejection of bid. The Bidder Declaration can also be downloaded at which can be downloaded at https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

13. Non-Collusion Declaration for Public Works Bidder must submit, as described herein, a non-collusion declaration for Public Works. The non-collusion declaration is attached to this IFB as Attachment 9. Failure to submit a complete declaration shall result in rejection of the bid.

14. Bonds Payment Bond (STD 807) Requirement: If the successful bidder’s bid exceeds $25,000, the successful bidder shall furnish a Payment Bond for not less than 100 percent (100%) of the total amount payable by the terms of this Agreement. The Payment Bond is due prior to the start date of work. No work may commence without receipt of a valid Payment Bond. The Payment Bond must be in effect at all times for the duration of the Agreement. If the Payment Bond expires during the term of the Agreement, a new Payment Bond must be provided to the CAL FIRE representative not less than 10 business days prior to its expiration. Failure to maintain a Payment Bond for the full term of this Agreement will be grounds for termination for default in addition to other legal remedies CAL FIRE may have. Inadequate or lack of a Payment Bond does not negate the Contractor’s obligations under this Agreement.

15. Insurance A. The bidder, who receives the Agreement award, must provide a Certificate of Insurance providing proof of insurance to the Business Service Office (BSO) within ten (10) working days from the date of notification of award. The State’s Office of Risk and Insurance Management will review insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to the Sample Standard https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

CAL FIRE

Agreement Exhibit E, Section 1 for the applicable and specific Insurance requirements and coverage limits.

B. The insurance carrier shall provide an endorsement for the additional insured statement as follows:

CAL FIRE, State of California, its officers, agents, and employees shall be included as additional insured, but only with respect to work performed for the State of California under this Agreement.

C. The additional insured endorsement must accompany the certificate of insurance.

D. Available Coverages/Limits

In the event the insurance coverages obtained by the Contractor is broader in scope than, and/or the limits are higher than, those required under the contract, all such broader coverage and/or higher limits available to the Contractor shall also be available and applicable to the State.

E. In the case of Contractor and/or Permittee’s utilization of subcontractors to complete the contracted scope of work, contractor and/or Permittee shall include all subcontractors as insured under Contractor and/or Permittee’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor and/or Permittee.

16. Darfur Contracting Act A. The Darfur Contracting Act, Public Contract Code Section 10475-10481, applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. All bidders shall complete the Darfur Contracting Act Certification, CAL FIRE-720, Attachment 6, and submit with the proposal.

B. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, complete Option 1 on the CAL FIRE-720.

C. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot bid on, or submit a bid or proposal for an Agreement with a State agency for goods or services. (Pub. Cont. Code Section 10477(a)).

D. Therefore, Public Contract Code Section 10478(a) requires a company that currently has (or within the previous three (3) years has had business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency.

E. A scrutinized company may still; however, submit a bid or proposal for an Agreement with a State agency for goods or services if the company first obtains permission from the Department of General Services according to the criteria set forth in Public Contract Code Section 10477(b).

17. Submission of Bid A. Bids shall be submitted Electronically.

1) Electronic bid submittals shall be sent to Bids@fire.ca.gov

2) All bid documents will be in an attachment (as a PDF). If any bid information is in the body of the email, it shall be rejected.

3) Subject line must include the 2CA07416, Plymovent Vehicle Exhaust Removal System Installation, July 23, 2025, 5:00 p.m. and Contractor Business Name.

4) The bid submission email inbox is ONLY for bid submissions, contact the contract analyst directly with contract questions.

B. Late bids will not be considered.

C. All bids shall include the documents identified in Required Attachment Checklist, Attachment 1. Bids with incomplete documents or not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

mailto:Bids@fire.ca.gov

D. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

E. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

F. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

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

H. An individual who is authorized to bind the bidder contractually shall sign Bid/Bidder Certification Sheet, Attachment 2. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

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

J. A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

K. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

L. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

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

N. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

O. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language.

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

Q. Bidder must complete and submit to the awarding agency Payee Data Record, STD 204, Attachment 7, to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf under the heading STANDARD FORMS; select “Forms Search” and enter the form number “204”. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

R. Bidder must sign and submit to the awarding agency, Contractor Certification Clauses (CCC), Attachment 8, which can be found on the Internet at:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC- 042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE.

18. Bid Opening A. Bid openings will be held virtually only.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

B. Public Bid Opening dial in information:

1) Dial in: 650-564-3271

2) Phone Conference ID: 126 579 006#

19. Evaluation and Selection A. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

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

C. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

D. Award if made, will be to the lowest responsive responsible bidder.

E. In the event of a tie bids, the award will be determined by a coin toss. The coin toss will be held in the State Agency’s headquarters area office. This is a public event, which the bidders will be invited to attend. The selection of the Contractor will be at the sole discretion of the State.

20. Award and Protest A. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the notification must be “by telegram, electronic facsimile transmission, overnight courier, Internet transmission, or personal delivery.” (PCC § 10345(a).)

B. On written request from any bidder, the awarding agency must post a notice of the proposed contract award in a place accessible by the general public, including any Internet site identified in the IFB at least five working days prior to awarding the contract. (PCC § 10345(a)(1).)

C. If any bidder, prior to the award of agreement, files a protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and CAL FIRE, on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

D. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

California Department of Forestry and Fire Protection Office of Business Services, Contracts Unit Attention: Irina Lopatin 710 Riverpoint Court West Sacramento, CA 95605 Phone Number: (916) 894-9872 Email: irina.lopatin@fire.ca.gov

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Phone Number: (916) 376-5080 Email: OLSProtests@dgs.ca.gov

21. Disposition of Bids A. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of

California and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

B. Bid packages may be returned only at the bidder's expense unless such expense is waived by the awarding agency.

mailto:OLSProtests@dgs.ca.gov

22. Standard Conditions of Service A. After award of the Agreement and execution of the Agreement, should the Contractor fail to commence work within five (5) working days after notification of the starting date, or suspend work for a period of five (5) continuous working days after work has begun, CAL FIRE may provide five (5) calendar days written notice, posted at the job site or mailed to the Contractor, to timely prosecute and complete the work or the Agreement may be terminated and liquidated damages assessed for administrative costs for re-bidding the work or awarding the work to another Contractor. In addition, that Contractor shall be liable to CAL FIRE for the difference between the Contractor’s bid price and the actual cost of performing the work by the second low bidder or by another Contractor.

B. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

C. Antitrust Provisions

1) The Contractor offers and agrees and will require all of his other subcontractors and suppliers to agree to assign to the awarding body all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC section 15) or under the Cartwright Act [Chapter 2, commencing with section 16700, of Part 2 of Division 7 of the Business and Professions Code] arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to the Contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments.

2) If an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Government Code Sections 4550-4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, on demand, recover from the public body any portion of the recovery, including treble damages, and attributable overcharges that were paid by the assignor but were not paid by the public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. On demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under Government Code Sections 4550- 4554 if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

D. If the bidder is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the bidder will be liable to CAL FIRE for actual damages resulting to CAL FIRE therefrom or 10 percent (10%) of the amount bid, whichever is less.

E. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a "loss leader" as defined in California Business and Professions Code Section 17030. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or b) where the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors.

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

23. Generative Artificial Intelligence (GenAI) A. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

B. Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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

D. Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

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

D) Special Programs

1. Disabled Veteran Business Enterprise (DVBE) Program Requirement

A. DVBE Participation Program with No Goals:

A DVBE goal is not required, but DVBE participation is encouraged, and a DVBE incentive will apply to this IFB as described below.

B. DVBE Incentive Program

1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in Military and Veterans Code Sections 999 et seq., and Title 2, California of Regulations, Sections 1896.99 (2 CCR Section1896.99) et seq., to encourage bidders to partner with DVBE subcontractors. A dollar cap of $100,000 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible bidder with the confirmed DVBE participation per the Tables in paragraph 3) below is eligible to receive the incentive. Bidders who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

2) CAL FIRE will apply an incentive to bids proposing the utilization of DGS certified DVBE firms identified on the Bidder Declaration (GSPD-05-105). Information provided on the GSPD-05-105 shall be verified by CAL FIRE prior to the award of the Agreement. Contractor shall also submit Quotes from SB/DVBE Subcontractor, Attachment 10, the incentive amount is equal to a percentage of the lowest responsive and responsible bid based on the amount of DVBE participation in the bid being evaluated per the Tables below.

3) Tables for IFB (Low Price Method)

Goal Not Required

Verified DVBE Participation DVBE Incentive Amount

5% or more 5%

4%-4.99% 4%

3%-3.99% 3%

2%-2.99% 2%

0.1%-1.99% 1%

4) When applying the DVBE Incentive, an NSB shall not displace an award to a DGS Certified Small Business.

5) Additional information: https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List- Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs.

2. Small Business (SB) or Microbusiness (MB) Preference A. Government Code Section 14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a certified SB or MB. References to a SB shall also include MB. The rules and regulations of https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs this law, including the definition of a SB for the delivery of services, are contained in Title 2, California Code of Regulations, Section 1896 (2 CCR Section 1896) et seq.

B. To claim the SB preference, your firm must have its principal place of business located in California and be certified by the California Department of General Services (DGS), Office of Small Business and DVBE Services (OSDS). The preference amount may not exceed fifty thousand dollars ($50,000) for any bid. If prospective Contractor is claiming the five percent (5%) SB preference, complete Section 16 of the Bid/Bidder Certification Sheet Attachment 2.

C. Pursuant to Government Code Section 14838 and 2 CCR Section 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least twenty five percent (25%) of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) NSB preference, complete Section 17 of the Bid/Bidder Certification Sheet, Attachment 2, and Bidder Declaration, GSPD-05-105, which can be downloaded at https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf. Bidder shall list the names of all certified SB firms being claimed for credit on the GSPD-05-105 form. For each certified SB subcontractor listed, the bidder shall submit a copy of the quotes from each SB (on the SB’s company letterhead) as Quotes from SB/DVBE Subcontractor, Attachment 10, D. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

E. Certified SB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s).

F. SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder.

G. Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940. For 24-Hour Recording and Mail Request, call (916) 322-5060, or email:

osdshelp@dgs.ca.gov.

H. Additional references are at https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List- Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs.

3. Commercially Useful Function It is the law. All California-certified Small Businesses (SB) and Disabled Veteran Business Enterprise (DVBEs) doing business with the state must perform a Commercially Useful Function (CUF). Performing CUF is a critical requirement for all California-certified firms - SB and DVBE - that do business with the state (Government Code Section 14837 and Military and Veterans Code Section 999).

More information can be found on Department of General Services website:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/Commercially-Useful-Function-for-Certified-Firms

4. CAL FIRE Advocates CAL FIRE Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors.

CAL FIRE ADVOCATES: sbdvbe.advocate@fire.ca.gov mailto:osdshelp@dgs.ca.gov https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms mailto:sbdvbe.advocate@fire.ca.gov

CAL FIRE

ATTACHMENT 1

Bidder’s Company Name:

REQUIRED ATTACHMENT CHECKLIST

A complete bid or bid package will consist of the items identified below.

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also.

Attachment Attachment Name/Description _____ Attachment 1 Required Attachment Checklist

_____ Attachment 2 Bid/Bidder Certification Sheet

_____ Attachment 3 Rate Sheet

_____ Attachment 4 Disabled Veteran Business Enterprise Declarations (STD 843) * https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

_____ Attachment 5 Bidder Declaration (GSPD-05-105)* https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

_____ Attachment 6 DARFUR Contracting Act (CAL FIRE-720)

_____ Attachment 7 Payee Data Record (STD 204) http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

_____ Attachment 8 Contractor Certification Clauses (CCC 04/2017) https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-

042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

_____ Attachment 9 Non-Collusion for Public Works*

_____ Attachment 10 Quotes From SB/DVBE Subcontractors*

_____ Additional Required Information:

1. The Prime Bidder must be either an individual or firm currently licensed to do business in California.

2. The Prime Bidder has a business license or incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California.

3. Contractor shall be licensed in accordance with the laws of the State of California and shall possess a B-General Building Contractor license with a C-20-Warm Air Heating, Ventilating and Air-Conditioning Subcontractor license or a C-20-Warm Air Heating, Ventilating and Air-Conditioning Contractor license issued by the California Contractors State Licensing Board

(CSLB).

*If applicable https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

CAL FIRE

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures/electronic signature. The bid must be transmitted in accordance with IFB instructions.

Do not return IFB Sections A through E or the "Sample Standard Agreement" at the end of this IFB.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Rate Sheet.

B. All required attachments are included with this certification sheet.

C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals.

D. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document.

The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

E-mail Address:

5. Partnership Indicate your organization type: 4. Sole Proprietorship

6. Corporation 6a. L.L.C. Limited Liability Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification as:

a. California Small Business Enterprise

Yes No

If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No

If yes, enter certification number:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSBCR, if an application is pending:

CAL FIRE

ATTACHMENT 2

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one (1) person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two (2) or more persons to carry on, as co-owners, a business for profit.

6, 6a

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. Or a Limited Liability Corporation.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

CAL FIRE

ATTACHMENT 3

Bidder’s Company Name:

RATE SHEET

Description of Service Total

(All-inclusive Cost) **$

*10% Contingency for Unforeseen Costs *$

Agreement Total $

**All-Inclusive Cost for Services.

Submitted by: ____________________________________________ Date: _________________

Contact Name / Title:

Company Name:

Company Address:

Telephone Number:

E-Mail Address:

Estimated quantities are not guaranteed and is not binding on the contracting agency. The Total Costs indicated above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual costs quoted above by the bidder shall be binding for the term of the Agreement. Small Business and Disabled Veteran Business Enterprise incentives will also be applied to determine the lowest bid. CAL FIRE reserves the right to correct and revise calculation errors made by the bidder.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail.

Please do not alter, modify, or change this bid proposal sheet. Any alterations, modifications, or changes to this bid proposal sheet will be grounds to reject the bid.

Each line item must be bid. Please do not leave any unit price column blank or this bid proposal sheet will be disqualified from competition for contract award.

CAL FIRE

ATTACHMENT 4

(if applicable)

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS (STD 843)

Bidders who are disabled veteran (DV) owner(s) and DV manager(s) of a Disabled Veteran Business Enterprise must complete Disabled Veteran Business Enterprise Declarations (STD 843) when a DVBE Contractor or subcontractor will provide materials, supplies, services or equipment and include it with the bid response.

The STD 843 Disabled Veteran Business Enterprise Declarations form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

THE REST OF THIS PAGE IS BLANK

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

CAL FIRE

ATTACHMENT 5

BIDDER DECLARATION FORM (GSPD-05-105)

All…