IFB-32-12-6577_Solicitation._Pkg.pdf

IFB 32-12-6577 Page 1 of 11

Rev. 05/07/2025

STATE OF CALIFORNIA

California Department of Transportation - Division of Equipment

Invitation for Bid

Responses must be delivered to the Division of Equipment before 2:00 PM on the Due Date.

BID DUE DATE:

06/05/2025

BID OPENING: 3:15 PM

RELEASE DATE:

05/20/2025

SOLICITATION

IFB 32-12- 6577

DELIVERY DATE

120 DAYS ARO

REQUISITION NO

322510000093

CONTACT FOR FURTHER INFORMATION:

PROCUREMENT OFFICIAL: Michael Weber

PHONE: 916-594-4163

EMAIL: michael.e.weber@dot.ca.gov

BACK UP PROCUREMENT OFFICIAL: Bryan Higashino

PHONE: 916-661-7225

EMAIL: bryan.higashino@dot.ca.gov

SHIP TO LOCATION:

DEPT. OF TRANSPORTATION

Division of Equipment Various Locations See pricing sheet for delivery address

SUPPLIER NAME: CONTACT:

SUPPLIER ADDRESS: TITLE

CITY EMAIL

STATE, ZIP PHONE

SIGNATURE DATE FAX

_____% CASH DISCOUNT FOR PAYMENT WITHIN _____ DAYS SEE REQUIRED PAYMENT DATE OF THE GENERAL PROVISIONS PARAGRAPH 10.

IF CLAIMING THE STATE OF CALIFORNIA PREFERENCE AS A M/B, SB, or DVBE; ENTER CERTIFICATION ID HERE: _____________________

ARE YOU A NON-SMALL BUSINESS CLAIMING AT LEAST 25% SMALL BUSINESS SUBCONTRACTOR PREFERENCE? YES □ NO □

Section 14835 et seq. Of the California government code requires that a 5% preference be given to bidders who qualify as a small business or bidders who qualify as a non-small business claiming at least 25% California certified small business participation. For requirements see title 2, California code of regulations, section 1896, et seq. The requirements for nonprofit veteran service agencies qualifying as a small business are contained in section 999.50 et seq. Of the military and veterans code.

Bidder offers and agrees if this response is accepted within 45 calendar days from the date of opening to furnish all of the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified above and subject to the attached General Provisions.

DECLARATIONS UNDER PENALTY OF PERJURY: By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed has complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) the National Labor Relations Board declaration set forth in Paragraph 8 of the General Provisions is true and correct. (3) If a claim is made for the small business preference, the information set forth within is true and correct.

SCOPE

This solicitation is a One Time Acquisition conducted by the California Department of Transportation, Division of Equipment

For Twelve (12), Loader, Track, Front End, Compact

To be supplied in accordance with State of California Specification 41802-230-251-6577 and all included drawings.

KEY ACTION DATES

Invitation for Bid (IFB) Release May 20, 2025 Last day to submit questions May 28, 2025 BEFORE 4:00 PM Invitation for Bid (IFB) Due June 05, 2025 BEFORE 2:00 PM Bid Opening / Reading June 05, 2025 3:15 PM

The Key Action Dates stated above are the important actions and dates by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to this IFB.

Public Bid Opening/ Bid Reading

Due to State Office Closures Public Bid Openings will be conducted by conference call on the date and time listed above. You may join the conference call by dialing the number below up to five minutes prior to the bid opening time.

Phone: 408-418-9388 Participant code: 24864819082## mailto:their.name@dot.ca.gov

IFB 32-12-6577 Page 2 of 11

SOLICITATION

Also referred to as Event in Cal eProcure.

METHOD OF AWARD

This solicitation shall be awarded by “All or None” basis. Cash discounts will not be considered in the evaluating quotes for award purposes (See Section 5 of the Bidders Instructions). The award will be made to the lowest responsive and responsible bidder meeting all administrative and technical requirements, terms, and conditions of this solicitation. In the event of a tie, a coin toss will be a permissible tiebreaker. Such event will be conducted by the procurement official and observed by a state employee as witness.

PROCUREMENT OFFICIAL

The Procurement Official is the state’s designated authorized representative regarding this procurement. Bidders are directed to communicate with the Procurement Official to submit questions, deliver proposals, and submit all other formal correspondence regarding this procurement.

RESPONSIVE BIDDER

A supplier who is responsive submits a bid response compliant with the solicitation requirements and indicates performance without material deviation from the terms and conditions of the proposed contract. Bidders are cautioned that conditional bids or bids based upon assumptions will be deemed non-responsive.

RESPONSIBLE BIDDER

A supplier who is responsible and submits a responsive bid is one who clearly indicates compliance without material deviation from the solicitation’s terms and conditions and who possesses the experience, facilities, reputation, financial resources and other factors existing at the time of contract award.

PROTEST

A protest of proposed award is a challenge conducted under PCC 10306 by a participating bidder against the proposed contract award of a non-IT goods contract.

A Notice of Intent to Award (ITA) for this solicitation will be publicly posted in the DOT Division of Equipment webpage located at https://dot.ca.gov/programs/equipment/award-notifications and sent via email to all bidders who submit a bid and/or email request for ITA notice. Any participating bidder may protest the proposed award on the grounds that their bid is the lowest responsible bidder meeting specifications within 24 hours of receipt of ITA.

All protests of proposed award must be made in writing and signed by an individual authorized to bind the bidder contractually and financially. An Intent to Protest the Proposed Award must be submitted to the DGS/PD Protest Coordinator, Caltrans DOE Procurement Officer, and Backup Procurement official. The following may also be copied: DOE Headquarters Purchasing and DPAC Protest and Disputes.

DGS/PD Protest Coordinator: pdprotest@dgs.ca.gov

Caltrans DOE Procurement Officer: michael.e.weber@dot.ca.gov

Caltrans DOE Back Up Procurement Officer: Bryan.higashino@dot.ca.gov

DOE.Headquarters.Purchasing@dot.ca.gov

DPAC.Protest.Disputes.Terminations@dot.ca.gov

QUESTIONS REGARDING THE IFB

Bidders requiring clarification of the intent or content of this IFB or on procedural matters regarding the competitive IFB process may request clarification by submitting questions by the date(s) identified in the key action dates via email to the Procurement Official and Back up identified in this IFB and copy DOE Headquarters Purchasing. If a Bidder submits a question after the scheduled date(s), the State will attempt to answer the question but does not guarantee that the answer will be prior to the bid due date.

Note: Answers to all questions will be posted via an Event/Solicitation Addendum.

WRITTEN QUESTIONS

1. Every attempt has been made to produce complete specifications for this equipment. Should the Bidder discover any ambiguity, conflict, omission or other error in the IFB, or have any questions concerning interpretation or clarification, the Bidder shall immediately notify the State of such in writing and request clarification or modification of the document. All questions or concerns regarding this IFB must be sent in writing via email to the contact person listed on page one (1) of this IFB. All questions must be received on or before the date indicated in the Key Action Date, and include the Bidder’s name, the business name, phone number, and this IFB name and number. Questions not submitted by the Key Action Date shall be answered at the State’s option.

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://dot.ca.gov/programs/equipment/award-notifications mailto:pdprotest@dgs.ca.gov mailto:michael.e.weber@dot.ca.gov mailto:Bryan.higashino@dot.ca.gov mailto:DOE.Headquarters.Purchasing@dot.ca.gov mailto:DPAC.Protest.Disputes.Terminations@dot.ca.gov

IFB 32-12-6577 Page 3 of 11

2. Upon completion of review, all questions received by the date and time specified in the Key Action Dates will be answered in writing and posted to the original advertisement on the Cal eProcure website by the Key Action Date identified above. The Question and Answers will state each question, but not the source of the question, along with the State’s response. If there are any changes to the IFB as a result of any questions, there will be an IFB addendum that will become part of the IFB and posted to the original IFB advertisement on Cal eProcure. Only written responses shall be considered binding. Bidders should rely on written, rather than verbal, responses from the State. The State reserves the right to cancel or modify this IFB, in whole or in part.

3. An error in the Final Bid may cause the rejection of that bid; however, the State may at its sole option retain the bid and make certain immaterial corrections, including obvious clerical errors.

REQUEST TO CHANGE REQUIREMENTS OF THE IFB

A bidder who desires clarification or further information on the content of the solicitation, but whose questions relate to the proprietary aspect of that bidder’s bid and which, if disclosed to other bidders, would expose that bidder’s bid, may submit such questions in the same manner as above, but also marked “CONFIDENTIAL,” and not later than the scheduled date specified in the KEY ACTION DATES to ensure a response. The bidder must explain why any questions are 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 kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered, and the bidder will be so notified.

If the bidder believes that one or more of the solicitation requirements is onerous, unfair, or imposes unnecessary constraints to the bidder in proposing less costly or alternate solutions, the bidder may request a change to the solicitation by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change titled “Request to Change Requirements in this IFB. Such request must be submitted to the Procurement Official and Back up identified and copy DOE Headquarters Purchasing by the date specified in the KEY ACTION DATES for submitting a request for change. Oral responses shall not be binding on the state. Bidders must submit any request for changes, by the key action date

ATTACHMENTS

NOTE: The documents and files attached to this solicitation do not have any updates for digital accessibility at this time.

Updates will be applied as soon as they are available. For an accessible version of solicitation documents published on this page, please submit a request to ADAdocs@dot.ca.gov or call (833) 713-2922.

The following documents are attached, or attached by reference, and part of this solicitation:

1. IFB Pricing Sheet

2. Technical Specification 41802-230-251-6577T

3. Administrative Requirements 41802-230-251-6577A

4. Questionnaire

5. Option Page

6. Caltrans In-Shop Warranty Agreement

7. Drawings

8. Bidder’s Instructions (GSPD-451) *

9. General Provisions (GSPD-401) *

10. Payee Data Record (STD. 204) **

11. Postconsumer Content Certification Form (CalRecycle 74) ***

12. Bidder Declaration Form (GSPD-05-105) ***

13. Darfur Contracting Act Certification ***

14. Iran Contracting Act Certification (solicitation over $1,000,000.00 ONLY)

15. California Civil Rights Laws Certification ***

16. Commercially Useful Function Certification Form (CUF)(ADM-3025) ***

17. California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions of three (3) pages, dated 09/14/15**

18. Disabled Veterans Business Enterprise Declarations (STD.843) ***

19. TACPA Preference Request (STD.830) ***

20. TACPA Preference Manufacturer’s Summary (DGS/PD525) **

21. TACPA Preference Bidder’s Summary (DGS/PD526) **

22. Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817) ***

* These documents are incorporated by reference located at the link provided.

** This document is digitally accessible at the link provided.

*** These documents are fillable pdf forms located at the link provided.

Please refer to the IFB response checklist for items from the list above that MUST be returned with the bid or the bid may be rejected.

https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/GSPD/Bidders-Instructions.ashx https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP-Revised-02202025.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.calrecycle.ca.gov/docs/cr/buyrecycled/stateagency/forms/calrecycle74.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://water.ca.gov/LegacyFiles/publications/forms/9657.pdf http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf http://cefs2.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM3025 https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/DVBE-Incentive.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

IFB 32-12-6577 Page 4 of 11

FINANCING

The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease$Mart). If payment is via the financial marketplace, the Supplier will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the supplier on behalf of the State.

PRICES

Prices shall be submitted via email. Pricing shall be all inclusive. Only the prices/charges submitted in the bid response shall be accepted and included in the awarded contract. For the purpose of this bid, only bids quoted F.O.B. Destination, Freight Prepaid, will be accepted. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the State unless expressly included and itemized in the Contract. International shipments will be Delivered Duty Paid (DDP). Import Costs, duties, taxes, value added tax, or any other transportation or customs costs will not be paid by the State unless expressly included and itemized in the Contract.

The sales tax rate applied should be based on the rate of the area where the product is to be delivered.

Note: The sales tax rate applied for vehicle purchases shall be based on the Sacramento city rate where the vehicle will be registered with the California Dept. of Motor Vehicles (DMV).

NOTE REGARDING BID PRICING

Bid pricing shall be current as of bid due date.

Tariffs and corresponding price increases occurring after the bid due date may be submitted for review after PO issuance.

TAXES:

Unless otherwise required by law, the State of California is exempt from Federal excise taxes. The State will only pay for any State or local sales or use taxes on the services rendered or goods supplied to the State pursuant to this contract.

POST AWARD MEETING

Post Award Meeting N/A

WARRANTY INFORMATION

Warranty details and requirements refer to Administrative Requirements Section 5 Page 2 & 3 for details

INSPECTION

Inspection details and requirements; refer to Administrative Requirements Section 8 Pages 3, 4 & 5

DELIVERY

Delivery details and requirements refer to Administrative Requirements Section 10 Page 5 for details

Final delivery, inspection and acceptance shall be at the DIVISION OF EQUIPMENT, Equipment Receiving, 1920 35TH Street, Sacramento, CA 95816. Unless specified differently in the Invitation for bid.

Note: In accordance with paragraph 15 of the General Provisions entitled “Delivery”, the contractor shall strictly adhere to the delivery terms and completion schedule as specified in this solicitation. Failure to comply with the delivery requirements, as stated, may be considered a breach of contract and subject the contractor to General Provisions 11, entitled “Rights and Remedies of the State for Default”.

LATE DELIVERY CHARGE

This bid contains a “LATE DELIVERY CHARGE” clause.

Refer to Administrative Requirements Section 11 Page 5 & 6

ADDITIONAL TERMS AND CONDITIONS

The state objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder. This applies to any language appearing in documents attached as part of the bidder’s response. In signing and submitting a bid, the bidder agrees that any additional terms and conditions whether submitted intentionally or inadvertently, shall have no force or effect.

Bids with terms and conditions attached may be subject to rejection.

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AMENDMENTS

Consistent with the terms and conditions of the original solicitation, and upon mutual consent, DOE and the Contractor may execute written amendments that are within the Scope of Work of the original Purchase Order (or Contract).

For the purpose of this procurement an amount equal to 10% of the bid amount may be added to the purchase order to allow for State requested options/upgrades and Unanticipated work. Refer to Administrative Requirement Section 13 Page 7 for details.

EQUIPMENT TO BE NEW

All equipment is to be new and latest model in current production. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.

LOSS LEADER:

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 Section 17030 of the Business and Professions Code. (PCC 10302(b).)

DESCRIPTIVE LITERATURE

Bidders are recommended to include complete descriptive literature if available with the bid and are to note the brand name model or catalog number on the price sheet. Descriptive literature shall be annotated to specify the applicable page, brand, model and items(s).

CALIFORNIA SELLER’S PERMIT

Bidders must provide their California retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by the California Department of Tax and Fee Administration (CDTFA), pursuant to all requirements as set forth in Sections 6487, 7101 and Sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract code. In order to expedite the process of verifying the validity of the permit, provide the CDTFA permit number in the space provided below (or attach a copy of the permit with your bid.)

For instructions on how to obtain a California Sellers Permit number or register to do business in the State of California, visit the California Department of Tax and Fee Administration website

Retailer’s Seller’s Permit Number:

PAYEE DATA RECORD

Bidders shall complete and sign the Payee Data Record (STD. 204) and submit with IFB submittal. A link to electronic version of this form can be found at: https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf

FEDERAL EXCISE CERTIFICATE

Federal Excise Tax Exemption Certificate will be attached to purchase order (when applicable).

POSTCONSUMER-CONTENT CERTIFICATION

State agencies are required to report purchases in many product categories. To comply with those requirements, bidders are required to complete and return the attached Postconsumer-Content Certification form (CalRecycle 74) with their bid response.

BIDDER DECLARATION FORM

All bidders must complete the Bidder Declaration Form GSPD-05-105 and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract; this includes equipment manufacturers, equipment distributors and resellers. A subcontractor is any person, firm, corporation, or organization contracting to perform any part of the prime’s contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract.

If claiming the non-small business subcontractor preference, the form must list all the California small businesses with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price. All certified small businesses must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837 (d)(4).

http://www.cdtfa.ca.gov/ https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf

IFB 32-12-6577 Page 6 of 11

DARFUR CONTRACTING ACT CERTIFICATION

Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch.

272). 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.

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 proposal for a contract with a State Agency for goods or services.

(Public Contract Code section 10477(a)).

Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three 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. (See # 1 on the Attachment).

A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on the Attachment).

IRAN CONTRACTING ACT CERTIFICATION

Pursuant to the Iran Contracting Act of 2010 (Public Contract Code sections 2200 through 2208 are “the Act”), vendors are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the state for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities in Iran, as defined in the Act.

Also, pursuant to the Act, financial institutions are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the state for goods or services of one million dollars ($1,000,000) or more if the financial institution extends credit, as defined in the Act, to a business identified on the DGS list of ineligible vendors that will use the credit to provide goods or services in the energy sector in Iran.

Prior to submitting a bid or proposal and prior to executing any state contract or renewal for goods or services of one million dollars ($1,000,000) or more, a vendor must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California. Also financial institutions must certify that they are not extending credit to an ineligible vendor as described in the Act. This document shall be used to satisfy the Act’s certification requirements

The Act provides exceptions to the certification requirement, see PCC sections 2203(c) and (d) for additional information regarding the exceptions.

RUSSIA CONTRACTING EXECUTIVE ORDER

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf)/ 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.

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to PCC 2010, a person that submits a bid or proposal or proposes to renew a contract with a state agency in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted, or the contract is renewed, all of the following:

• That they are in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code).

• That they are in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with

Section12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

• Supplier discrimination policies:

(1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act

(Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section

12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Iran-Contracting-Act-List.ashx?la=en&hash=95E15BE0E8841A4AC8C2CD823C7D8EC0F1F58981 http://www.documents.dgs.ca.gov/pd/poliproc/IranActCert.doc file:///C:/Users/s131898/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/QJR71518/(https:/www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf) file:///C:/Users/s131898/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/QJR71518/(https:/www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf)

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(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7

(commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

Application is required regardless of the procurement approach, method, or solicitation format, including, but not limited to:

Formal Bids, Informal Bids, Request for Proposals, Invitation for Bids, Non-Competitive Bids and the SB/DVBE Option. When renewing a contract either by utilizing an option to extend or an amendment to add time or funding to an existing contract, the supplier must re-certify.

PROHIBITION ON TAX DELINQUENTS BIDDING (AB 1424)

Public Contract Code section 10295.4 provides that a state agency shall not enter into any contract for goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. This section applies to contracts executed on or after July 1, 2012. The Franchise Tax Board (FTB) and the California Department of Tax and Fee Administration (CDTFA) will post and periodically update lists of the 500 largest tax delinquencies on their websites as required by law. Starting on July 1, 2012, prior to executing contracts state agencies must check the FTB and CDTFA lists to ensure the proposed awardee/vendor is not on either list. If the proposed awardee is on either list, the bid may be considered non-responsive.

CALIFORNIA CERTIFIED SMALL BUSINESS AND PREFERENCE(S) INFORMATION

SMALL BUSINESS PREFERENCES AND CERTIFICATION

Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference. If applicable, claim the preference in the box on the first page of this solicitation.

Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid 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.

SMALL BUSINESS REGULATIONS

The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 9/09/04. The new regulations can be viewed at the OSDS website. Access the regulations by clicking on the “Small Business Regulations”.

For those without internet access, a copy of the regulations can be obtained by calling the OSDS at (916) 375-4940.

SMALL BUSINESS PARTICIPATION REPORTING REQUIREMENTS

If for this Contract the Contractor made a commitment to achieve small business participation, then the Department requires the Contractor upon completion of this Contract (or within such other time period as may be specified elsewhere in this Contract) to report the actual percentage of small business participation that was achieved. (Govt. Code § 14841).

NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE

A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California Certified small business subcontractor participation. If applicable, claim the preference in the box on the first page of this solicitation.

If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one of more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4). The required list of California certified small business subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the OSDS no later than 5:00 p.m. on the bid 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.

https://www.dgs.ca.gov/PD/Search-Results?search=Small%20business%20regulations&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&activeFilters=division-or-office-facets

IFB 32-12-6577 Page 8 of 11

COMMERCIALLY USEFUL FUNCTION (CUF)

All certified SB, MB, and/or DVBE prime contractors, subcontractors, suppliers, or primes that use a SB,MB, DVBE subcontractor must meet the commercially useful function requirements under Government Code Section 14837 (d)(4) (for SB/MB) and Military and Veterans Code Section 999(b)(5)(B) (for DVBE). Please answer the following questions, as they apply to your company for the goods and/or services being acquired in this solicitation. Complete this form by prime contractor and for each subcontractor used in the fulfillment of acquired goods and/or services

TACPA CONTRACT PREFERENCE

This solicitation contains the Target Area Contract Preference Act (TACPA) preference request forms. Please carefully review the forms and requirements. If applying for this preference, bidders must submit the preference request forms listed in the Attachments section of this document. Denial of TACPA preference requests is not a basis for rejection of the bid.

The State as part of its evaluation process reserves the right to verify, validate, and clarify all information contained in the bid.

This may include, but is not limited to, information from bidders, manufacturers, subcontractors and any other sources available at the time of bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State’s request may result in the denial of the preference requested.

Contracts awarded with applied preference will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce the preference program. Any questions regarding TACPA preference should be directed to the Department of General Services, Procurement Division at Tacpa@dgs.ca.gov

DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE INFORMATION (DVBE)

DVBE PARTICIPATION REQUIREMENTS

The Department elects to waive the DVBE program requirements in this solicitation, but opts to include the DVBE Incentive.

To be considered for the incentive, bidders must complete and return the Bidder Declaration GSPD-05-105 (03/15), the DVBE Declarations, STD. 843 (5/2006), and signed, written confirmation (described below). The California DVBE Bid Incentive Instructions (09/03/09) include information about the DVBE incentive.

Supplier agrees to provide verification, in a form agreed to by the state, that DVBE subcontractor participation under this agreement is in compliance with the goals specified at the time of award of contract/purchase order, or with any subsequent amendment.

DVBE COMPLIANCE AND VERIFICATION

Written Confirmation:

A written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. The written confirmation must include the solicitation number and be signed by the Bidder and DVBE subcontractor(s). The written confirmation shall include but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations shall render the bid non-responsive. If further verification is necessary, the state will obtain additional information to verify compliance with the above requirements.

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS (STD. 843):

Per the Military and Veterans Code Section 999.2, this form must be completed and signed by all disabled veteran owner(s) and disabled veteran manager(s) when a DVBE contractor or subcontractor will provide materials, suppliers, services or equipment. The completed form should be included with the bid response.

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

DVBE PARTICIPATION REPORTING REQUIREMENTS

If for this Contract the Contractor made a commitment to achieve the disabled veteran business enterprise (DVBE) participation goal, then, pursuant to Mil. & Vets. Code § 999.5(d), upon completion of this Contract, the Department requires the Contractor to certify using the Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817), all of the following:

(1) the total amount the prime Contractor received under the Contract;

mailto:Tacpa@dgs.ca.gov.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

IFB 32-12-6577 Page 9 of 11

(2) the name, address, Contract number and certification ID number of the DVBE(s) that participated in the performance of this Contract;

(3) the amount and percentage of work the prime Contractor committed to provide to one or more DVBE(s) under the requirements of the Contract and the total payment each DVBE received from the prime Contractor;

(4) that all payments under the Contract have been made to the DVBE(s); and

(5) the actual percentage of DVBE participation that was achieved. Upon request, the prime Contractor shall provide proof of payment for the work.

If for this Contract the Contractor made a commitment to achieve the DVBE participation goal, the Department will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements above. A Contractor that fails to comply with the certification requirement shall, after written notice, be allowed to cure the defect.

Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of written notice, the prime contractor refuses to comply with the certification requirements, the Department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. (Mil. & Vets. Code § 999.7)

A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets.

Code § 999.5(d); Govt. Code § 14841)

Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the Mil. & Vets. Code, including, but not limited to, the requirements of Section 999.5(d). (PCC Code § 10230).

DVBE SUBCONTRACTOR SUBSTITUTION

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

Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC section 999.9; Public Contract Code (PCC) section 10115.10.

SPECIFICATION COMPLIANCE

The bidder must indicate below if the product or products offered on this bid complies in all respects with the attached specifications. YES____NO*____

If the bidder has indicated that the product offered does not comply in all respects with the attached specifications, they are to list below, in detail, any and all deviations.

*If the product does not comply you may request modifications, revisions or possible alternatives to be reviewed PRIOR to the bid submission date by submitting your request to the Procurement Official. Any deviations listed below may cause your bid to be deemed non-compliant.

LIST DEVIATIONS:

IFB 32-12-6577 Page 10 of 11

RESPONSE CHECKLIST

The following checklist identifies the applicable items that must be completed and returned in order to be evaluated for award:

All Addendums (if applicable)

This Signed complete Invitation for Bid document (with all fill-in spaces completed)

Invitation for Bid Pricing Sheet

Questionnaire

Option Page

Caltrans In-Shop Warranty Agreement

Certificates, etc. (if requested)

Manufacturer’s Product Literature (if requested)

California sellers permit information

Payee Data Record (STD. 204)

Postconsumer Content Certification Form (CIWMB 74)

Bidder Declaration Form (GSPD-05-105)

Darfur Contracting Act Certification

Iran Contracting Act Certification (solicitation over $1,000,000.00 ONLY)

California Civil Rights Laws Certification (solicitation over $100,000.00 ONLY)

Failure to return any of these items with your bid response may result in your bid being considered non-responsive.

The following items must be returned with the bid response only if your intention is to claim the applicable bidder preference, if you are not claiming the preference you are not obligated to fill out and/or return any of the following forms.

Commercially Useful Function (CUF)(ADM-3025)

Disabled Veteran Business Enterprise Declarations (STD. 843).

TACPA Preference Act, Request (Std. 830).

TACPA Manufacturer’s Summary, (DGS/PD 525) for goods only.

TACPA Bidder’s Summary, form (DGS/PD 526)

Note: The State makes no warranty that the checklist is a full and comprehensive listing of every requirement specified in the IFB. Checking off the items on the checklist does not establish your firm’s intent nor does it constitute responsiveness to the requirement(s). The checklist is only a tool to assist participating bidders in compiling their final bid response. Bidders are encouraged to carefully read the entire IFB. The need to verify all documentation and responses prior to the submission of final bids cannot be over emphasized.

IFB 32-12-6577 Page 11 of 11

BID SUBMISSION INSTRUCTIONS

This document is intended to assist bidders with standard instructions for how and where to submit a bid. The state makes no warranty that following these instructions will ensure a compliant submission. Bidders are required to carefully read the solicitation document and adhere to any other submission requirements. If there is a question regarding how to submit a bid, contact the Procurement Official listed on the first page of the solicitation document for assistance.

Bidders are required to submit a complete Bid by the due date and time identified in this solicitation.

Note: Bidders must be registered in Cal eProcure as a Vendor in order to receive an awarded PO without the risk of additional processing time. To award a PO to a bidder that is not registered in Cal eProcure as a Vendor requires the upload of a Payee Data Record (STD. 204). For more information, go to Cal eProcure website

BID SUBMISSION

For evaluation purposes, the bid shall be complete and include all of the required bid submittals including all addendums in order to be deemed responsive to the bid requirements. If the bid response is incomplete and/or includes discrepancies, you may be deemed non-responsive and subject to the rejection process.

States Own Bid Form:

Only bids quoted on the State's own bid form will be considered. Bids submitted referencing supplier attachments which include legal terms and conditions that conflict with the State's General Provisions shall be considered non-responsive and such bids may be rejected.

Note: ONLY ONE BID RESPONSE MAY BE SUBMITTED IN EACH EMAIL

BID SUBMITTAL

Bids must be received by the bid due date and time. Bids received after this date and time will not be considered.

At this time only emailed bids will be accepted.

The completed bid response shall be submitted by email as follows:

• Email bids only to DOE Bid Submittals DOE.Bid.Submittals@dot.ca.gov

• Only bids received to this mailbox will be considered. Bids shall not be sent to any other mailbox.

• Email should clearly identify in the Subject Line “Bid Response for IFB 32-12-6577”

• Emails will not be opened by the Procurement Official until the required bid due date and time.

Paper or Faxed bids will not be accepted for this solicitation.

PUBLIC BID OPENING

Public Bid Openings will be conducted by conference call on the date and time listed above. You may join the conference call by dialing the number below up to five minutes prior to the bid opening time.

Phone: 408-418-9388 Participant code: 24864819082##

BID RESULTS NOTIFICATION

If you would like to receive notification of the bid results or Intent to Award Notification, please email Procurement Official with your request.

https://caleprocure.ca.gov/pages/index.aspx mailto:DOE.Bid.Submittals@dot.ca.gov

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

DIVISION OF EQUIPMENT

SOLICITATION NO. REVISION NO.

IFB 32-12-6577

ITEM

NO.

QTY UNIT COMMODITY CODE DESCRIPTION UNIT PRICE EXTENSION

1 2 EA 22101501

Loader, Track, Front End, Compact, in accordance with State of California Specification

41802-230-251

"Ship To" Shop 21

1650 Albee Street

Eureka, CA 95501

2 1 EA 22101501

Loader, Track, Front End, Compact, in acccordance with State of California Specification

41802-230-251

"Ship To" Shop 22

1430 George Drive

Redding, CA 96003

3 2 EA 22101501

Loader, Track, Front End, Compact, in acccordance with State of California Specification

41802-230-251

"Ship To" Shop 23

981 North Beale Road

Marysville, CA 95901

INVITATION FOR BID PRICING SHEET

SUPPLIER NAME:

DIVISION OF EQUIPMENT

4 1 EA 22101501

Loader, Track, Front End, Compact, in acordance with State of California Specification

41802-230-251

"Ship To" Shop 24

1993 Marina Blvd

San Leandro, CA 94577

5 1 EA 22101501

Loader, Track, Front End, Compact, in accordance with State of California Specification

41802-230-251

"Ship To" Shop 25

66 Madonna Road

San Luis Obispo, CA 93401

6 1 EA 22101501

Loader, Track, Front End, Compact, in accordance with State of California Specification

41802-230-251

"Ship To" Shop 26

1385 N. West Avenue

Fresno, CA 93728

DIVISION OF EQUIPMENT

7 1 EA 22101501

Loader, Track, Front End, Compact, in accordance with State of California Specification

41802-230-251

"Ship To" Shop 27

13204 Golden State Road

Sylmar, CA 91342

8 1 EA 22101501

Loader, Track, Front End, Compact, in accordance with State of California Specification

41802-230-251

"Ship To" Shop 28

320 South Sierra Way

San Bernardino, CA 92408

9 1 EA 22101501

Loader, Track, Front End, Compact, in accordance with State of California Specification

41802-230-251

"Ship To" Shop 30

1603 South B Street

Stockton, CA 95201

DIVISION OF EQUIPMENT

10 1 ea 22101501

Loader, Track, Front End, Compact, in accordance with State of California Specification

41802-230-251

"Ship To" Shop 30

1603 South B Street

Stockton, CA 95201

Total Price for all line items excluding sales tax:

Proposed Brand:

Model:

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD

(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

Section 1 – Payee Information NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return)

BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above)

MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS

Section 2 – Entity Type Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2)

CORPORATION (see instructions on page 2)SOLE PROPRIETOR / INDIVIDUAL MEDICAL (e.g., dentistry, chiropractic, etc.)SINGLE MEMBER LLC Disregarded Entity owned by an individual

PARTNERSHIP

ESTATE OR TRUST

LEGAL (e.g., attorney services)

EXEMPT (e.g., nonprofit)

ALL OTHERS

Section 3 – Tax Identification Number Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN.

For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or Individual Tax Identification Number (ITIN)

OR

Federal Employer Identification Number

(FEIN)

Section 4 – Payee Residency Status (See instructions)

CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California.

CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding.

No services performed in California

Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS

SIGNATURE DATE TELEPHONE (include…