IFB_3600-0000000840_Final_4-13-16.pdf

IMPORTANT NOTICE TO ALL BIDDERS

Solicitation No. 3600-0000000840

This solicitation/acquisition is being conducted under Public Contract Code § 12125, et seq., the Alternative Protest Process.

Submission of a bid constitutes consent of the bidder for participation in the Alternative Protest Process.

Any protests filed in relation to the proposed contract award shall be conducted under the procedures in this document for the Alternative Protest Process.

Any bidder wishing to protest the proposed award of this solicitation must submit a written Notice of Intent to Protest (facsimile acceptable) to the Coordinator before the close of business on the last day of the protest period, which will be established in the Notice of Intent to Award. Failure to submit a timely, written Notice of Intent to Protest waives the bidder’s right to protest.

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Voice: 916 / 375-4587 Fax: 916 / 376-6226

Page 1 of 10 DGS Solicitation Document 3600-0000000840

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

Invitation For Bid

DUE DATE Responses must be delivered to the Procurement Division before 2:00 PM on the Due Date April 28, 2016

SUPPLIER NAME AND ADDRESS SOLICITATION NO. DATE DELIVERY DATE Page

3600-0000000840 4/14/2016 As Specified 1 of 10

PURCHASE ESTIMATE NO. AGENCY BILLING CODE AGENCY PURCHASE EST NO.

36000000000008 28356 PEB53079

F.O.B. DESTINATION UNLESS

BID STATES OTHERWISE

ARE YOU CLAIMING PREFERENCE

AS A CALIFORNIA CERTIFIED

SMALL BUSINESS?

YES NO

MANUFACTURER?

YES NO

ARE YOU A NON-SMALL BUSINESS

CLAIMING AT LEAST 25% SMALL

BUSINESS SUBCONTRACTOR

PREFERENCE?

YES NO

_______ % CASH DISCOUNT

FOR

PAYMENT WITHIN _______

DAYS

SEE REQUIRED PAYMENT

DATE OF THE GENERAL

PROVISIONS PARAGRAPH 30.

SHIP TO:

California Department of

Fish and Wildlife Gray Lodge Wildlife Area

3207 Rutherford Road Gridley, CA 95948

NAME (PRINT):

TITLE:

SIGNATURE DATE FOR FURTHER INFORMATION, CONTACT: 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.

Procurement Official: Stacey Jaramillo-Solis

E-MAIL ADDRESS: Phone: 916-443-9614

Email: Stacey.Jaramillo@dgs.ca.gov

TELEPHONE NUMBER: FAX NUMBER: Return To:

DGS/PROCUREMENT DIVISION

707 3

RD

ST., 2

ND

Floor (95605)

P.O. BOX 989054

W. SACRAMENTO, CA 95798

FEDERAL EMPLOYER IDENTIFICATION NUMBER

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 43 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.

The Department of General Services (DGS), Procurement Division, One Time Acquisitions Unit is facilitating this purchase on behalf of the Department of Fish and Wildlife for two (2) 135 HP wheeled tractors.

KEY ACTION DATES

Invitation For Bid (IFB) Release April 14, 2016 Last day to submit questions April 21, 2016 Invitation For Bid (IFB) Due April 28, 2016

SOLICITATION

Also referred to as Event in Cal eProcure.

ALTERNATIVE PROTEST PROCESS

This solicitation/acquisition is being conducted under the provisions of the Alternative Protest Process (Public Contract Code Section 12125, et seq.) By submitting a bid or proposal to this solicitation, the bidder consents to participation in the Alternative Protest Process, and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5. The link to the regulations is:

http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx

Page 2 of 10 DGS Solicitation Document 3600-0000000840

A Notice of Intent to Award for this solicitation will be publicly posted in the Procurement Division reception area and sent via facsimile to any bidder who submits a written request for notice and provided a facsimile number.

During the protest period, any participating bidder may protest the proposed award on the following grounds:

1. For major information technology acquisitions – that there was a violation of the solicitation procedure(s) and that the protesting bidder’s bid should have been selected; or

2. For any other acquisition – that the protesting bidder’s bid or proposal should have been selected in accordance with the selection criteria in the solicitation document.

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 1 st working day after issuing the notice of intent, as specified in the solicitation.

Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Fax: 916 / 376-6226

Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

Protest bond requirement: Bond amount for this Alternative Protest Process shall be 10 percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, Section 1418.

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.

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.

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.

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

Note: Questions need to be submitted via email to the Procurement Official and the backup Procurement Official identified below. 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. Answers will be provided via an Addendum.

Procurement Official: Stacey Jaramillo-Solis Backup Procurement Official: Andrea Minning Email: Stacey.Jaramillo@dgs.ca.gov Email:Andrea.Minning@dgs.ca.gov

Page 3 of 10 DGS Solicitation Document 3600-0000000840

REQUEST TO CHANGE REQUIREMENTS OF THE IFB

Bidders may request to change requirements of the IFB if the Bidder believes that one or more of the IFB requirements is onerous, unfair, or imposes unnecessary constraints on the Bidder in proposing less costly or alternate solutions. The Bidder shall submit recommended change(s) and facts substantiating the recommended change by the date(s) identified in the key action dates or two days prior to the bid due date (if no key action dates), in an email or envelope clearly marked “Request to Change

Requirements of the IFB 3600-0000000840” to the Procurement Official identified in this IFB.

ATTACHMENTS

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

1. Specification (2420-3525) 135 HP Wheeled Tractor of One (1) page dated 3/18/16.

2. Administrative Requirements of One (1) page

3. Cost Worksheet of one (1) page

4. Bidder’s Instructions (GSPD-451) of three (3) pages, dated 11/09/2011** http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf

5. General Provisions (GSPD-401) of seven (7) pages, dated 06/08/2010** http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf

6. Bidder Declaration Form (GSPD-05-105 REV 03/15) of two (2) pages

7. California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions of three (3) pages, dated 09/03/09

8. Disabled Veteran Enterprise Declarations (Std. 843) of one (1) page, dated 05/2006 (if applicable)** http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

9. Postconsumer Content Certification Form (CIWMB 74) of two (2) pages, dated 4/2007

10. Darfur Contracting Act Certification of one (1) page

11. Federal Debarment Certification of two (2) pages

12. Payee Data Record (STD. 204), of two (2) pages** http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

13. TACPA Preference Forms** http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf

14. Alternative Protest Process of (10) pages

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

Please note that items #2, #3, #6, #8 (If applicable), #9, #10, #11, #12 and #13 (if applicable) MUST be returned with the bid or the bid may be rejected.

PRICES

Prices shall be submitted via hard copy on Cost Worksheet. 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.

Sales tax is not to be included on the bid or in the bid pricing. If awarded this bid, sales tax should be added at time of invoicing. The sales tax rate applied should be based on the rate of the area where the product is to be delivered, unless the deliverable is a vehicle, in which case the sales tax rate applied should be based on the rate where the vehicle will be registered with the California Dept. of Motor Vehicles (DMV).

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 California’s State Board of Equalization (BOE), 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 BOE 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 Board of Equalization website at www.boe.ca.gov.

Retailer’s Seller’s Permit Number: __________________________________ http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf http://www.boe.ca.gov/

Page 4 of 10 DGS Solicitation Document 3600-0000000840

POSTCONSUMER-CONTENT CERTIFICATION

State agencies are required to report purchases in many product categories. In order to comply with those requirements, bidders are required to complete and return the attached Postconsumer-Content Certification form (CIWMB 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).

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).

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 Board of Equalization (BOE) 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 BOE 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.

CHANGE ORDERS

Any Purchase Order resulting from this bid may be amended, modified, or terminated at any time by mutual agreement of the parties in writing. Change orders amending, modifying or terminating the Purchase Order, including any modifications of the compensation payable, may be issued only by the Department of General Services State Procurement Officer. All such change orders shall be in writing and issued only upon written concurrence of the supplier. Termination, as that term is used in this section, does not include termination for default of the supplier.

Page 5 of 10 DGS Solicitation Document 3600-0000000840

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 right hand side of 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 http://www.dgs.ca.gov/pd/Programs/OSDS.aspx. Access the regulations by clicking on the “Small Business Regulations” in the right sidebar. For those without internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services (OSDS) at (916) 375-4940.

SMALL BUSINESS PARTICIPATION REPORTING REQUIREMENTS

Per Government Code 14841, if a contract/purchase order is awarded from this solicitation with a commitment from the prime bidder to achieve small business participation, the contractor must within sixty (60) days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) report to the awarding department the actual percentage of small business participation achieved.

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 right hand side of 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 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.

http://www.dgs.ca.gov/pd/Programs/OSDS.aspx

Page 6 of 10 DGS Solicitation Document 3600-0000000840

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.

TACPA Preference Request (STD 830):

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf#search=std%20830&view=FitH&pagemode=none

Bidder’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf

Manufacturer’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf#search=std%20830&view=FitH&pagemode=none http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf

Page 7 of 10 DGS Solicitation Document 3600-0000000840

DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE INFORMATION

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. Should the form not be included with the IFB, contact the State contracting official or obtain a copy online from the Department of General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS) website at http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

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 a contract/purchase order is awarded from this solicitation with a commitment from the prime bidder to achieve disabled veteran business enterprise (DVBE) participation, pursuant to Military and Veterans Code Section 999.5, the prime contractor must within sixty

(60) days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify the information contained in the “Prime Contractor’s DVBE Subcontracting Report (Rev. April 2014)”* The state reserves the right to verify all of the above information. Any person or entity that knowingly provides false information shall be subject to a civil penalty for each violation as stated in Military and Veterans Code Section 999.5(d).

*This form should be provided by and returned to the ordering agency by the prime contractor. It is the prime contractor’s responsibility to ensure the form is received, completed and returned within the stated time frame.

DVBE SUBCONTRACTOR SUBSTITUTION

The supplier understand and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran business Enterprise (DVBE) subcontractor(s) identified in their bid 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.

http://www.dgs.ca.gov/pd/Programs/OSDS.aspx

Page 8 of 10 DGS Solicitation Document 3600-0000000840

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, he is 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:

Page 9 of 10 DGS Solicitation Document 3600-0000000840

RESPONSE CHECKLIST

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

Signed State of California – DGS Procurement Division - solicitation document (with all fill-in spaces completed) Administrative Requirements of two (2) pages Cost Worksheet of one (1) page Bidder Declaration Form (GSPD-05-105 REV 03/15) of two (2) pages Disabled Veteran Enterprise Declarations (Std. 843) of one (1) page, dated 05/2006 (if applicable) DVBE signed, written certification (if applicable) Postconsumer Content Certification Form (CIWMB 74) of two (2) pages, dated 4/2007 Darfur Contracting Act Certification Federal Debarment Certification of two (2) pages Payee Data Record (Std. 204) Descriptive Literature Seller Permit Information

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.

Target Area Contract Preference Act (TACPA), request form (Std. 830).

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

Bidder’s Summary, form (DGS/PD 526) for goods and services.

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.

Page 10 of 10 DGS Solicitation Document 3600-0000000840

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 Paper Bid by the due date and time identified in this solicitation.

Award Note: In order to receive an award, Bidder must register their company with CaleProcure and must be in “Approved” status.

Approved status requires all requested company information must be entered, especially the company Federal ID Number (FEIN). In case of a delay in the processing time, do not wait until the bid due date to verify company status.

PAPER BID SUBMISSION

For evaluation purposes, the paper bid shall be complete and include all of the required bid submittals in order to be deemed responsive to the bid requirements. Please make sure that you have included the cost worksheet in your paper bid. If the paper 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. Unless otherwise stated in the bid document, please DO NOT submit bids in binders or using plastic combs.

Submission Methods: Bidder may submit their paper bid using the following methods unless stated otherwise in the bid documents.

Identify all mailed/couriered/hand-delivered bid packages by clearly writing on the outside of the envelope the Invitation for Bid Number (Ex: BU# IFB # XXXXXXXXXX, Dept. Acronym and Procurement Official Name).

POSTAL MAIL COURIER (FED EX/UPS/ETC.) OR HAND DELIVER

DGS Procurement Division DGS Procurement Division Attn: Bid Opening Official, 2

ND

Floor Attn: Bid Opening Official

P.O. Box 989054 707 3 rd

Street, 2 nd

Floor West Sacramento, Ca 95798 West Sacramento, Ca 95605

BU #3600 IFB #0000000840, DFW BU #3600 IFB #0000000840, DFW

Procurement Official: Stacey Jaramillo-Solis Procurement Official: Stacey Jaramillo-Solis

FACSIMILE (FAX)

Faxed bids will be considered for the solicitation only if they are sent to (916) 375-4613. Bids sent to any other fax number will not be considered. Only pages of the faxed bid received prior to the bid opening time specified in the solicitation will be considered the “complete bid”. Please be advised that there is a heavy demand placed on the fax machine receiving bids and the State assumes no responsibility if a supplier cannot transmit their bid via fax or if the entire bid is not received prior to the bid opening time.

E-MAIL

E-mail bid submissions are NOT accepted.

AWARD NOTIFICATION

If you would like to receive notification of the bid results and intended awardee please include a “Notice of Intent to Award” request along with your fax and/or e-mail address with your bid response.

STATE OF CALIFORNIA

BID SPECIFICATION 2420-3525

WHEELED TRACTOR 135 HP

HUNDAL, J. PAGE 1 OF 1 MARCH 18, 2016

36000000000008 WHEELED TRACTOR 135 HP

1. SCOPE

This specification describes the requirements for a wheeled tractor that will be operated under varying conditions from level ground to light hillside operations throughout state of California.

2. APPLICABLE SPECIFICATIONS / STANDARDS / CODES

Specifications and standards referenced in this document are in effect on the opening of the invitation for bid form a part of the specification where referenced.

3. REQUIREMENTS

3.1 Cab Tractor: air conditioning, air ride seat, ROPS

3.2 Engine: ≥135 HP, maximum Speed 2000-2200 RPM, turbocharged

3.3 PTO: ≥110 HP, Speeds:540/1000 RPM with independent operation

3.4 Fuel tank capacity of ≥25 Gallons with high pressure common rail system

3.5 Emission Level: EPA Tier 4b/Final

3.6 Cleanup Catalyst: Standard

3.7 Diesel Oxidation Catalyst: Standard

3.8 Drive Type: 4WD

3.9 Hydraulic Differential lock

3.10 Hitch:

• 3 Point Hitch: 2 or 2/3N

• Electronic lower link

• Lift Capacity 24 inches behind pin ≥6,500 lbs

• Cat 3 swinging Drawbar

3.11 Front Axle: Suspended

3.12 Rear Axle output end: Flange

3.13 Alternator: ≥120 amps

3.14 Transmission: Power Shift/Semi-Powershift

3.15 Hydraulic flow: ≥25GPM

3.16 Standard Remote Valves: ≥3

3.17 Steering: Front

3.18 Service Brake Type: Wet Brakes

3.19 Wheels:

• Rear = 460/85 R38 R1W and Front: 380/85 R28 R1W

3.20 Overall Width: ≤98 inches at axle bar ends

3.21 Front Weights: Standard Pack

BU #3600 IFB #0000000840

Attachment #1

Attachment #2

ADMINISTRATIVE REQUIREMENTS

135 HP Wheeled Tractor

1. SERVICE: Factory authorized service dealer must be within 30 miles of wildlife area or delivery point

2. MODEL AVAILABILITY: Model must be available at dealer’s showroom for sale to the general public

3. DELIVERY: Delivery is to be completed in the full within 120 calendar days After Receipt of Purchase Order

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 26, entitled “Rights and Remedies of the State for Default”.

After inspection has been completed vendor must call Randall Garewal (530) 846-7500, prior to delivery.

Items must be delivered between 06:00am PST and 03:30 PST Monday- Friday, except of state holidays.

4. INSPECTION: This order will require a single-phase inspection process. For all inspections the unit wil l be serviced, washed and ready for, as applicable, inspection or delivery.

Inspections will begin within five (5) working days from the date of the inspection request by the supplier.

It is the supplier's responsibility to contact DGS Auto Inspector at (916) 654-0727.

The inspection shall occur upon arrival in California at the dealer’s place of business prior to delivery DGS and CDFW shall perform a final inspection of the equipment to confirm that nothing was damaged or lost during transit. Any items requiring attention shall be brought to the supplier’s attention on an Inspection Report within seven (7) working days of the inspection. The supplier shall work with Wildlife Area Staff to fix all issues within twenty-five (25) business days at no cost to the State of California. Once any deficiencies have been fixed by the supplier, a final inspection will be scheduled by Wildlife. The final inspection should take place within forty-five (45) calendar days after the previous inspection. All pending items from the Inspection Report must be corrected by the supplier by the time the final inspection takes place, if not, the supplier will be rejected and the Purchase Order cancelled at no expense to the State.

Any equipment or goods remaining on state site must be removed within thirty (30) calendar days by the supplier at no cost to the State. If goods are not removed after thirty (30) calendar days, the state will arrange for the items to be shipped at supplier’s expense.

5. WARRANTY: All products offered must conform to the warranty language identified in the General Provisions, 19. Warranty.

Vendor shall bear all material, labor and transportation costs for repair of defects and failures occurring within the warranty period.

6. FEDERAL DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION:

Expenditures from the contract may involve Federal funds The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the contract file a certification by the contractor that they have not been debarred nor suspended from doing business with the Federal government.

7. LITERATURES/CATALOG/DATASHEET/BROCHURE: Bidder shall forward complete descriptive literature with the bid or within five (5) calendar days of the request from the State, and are to note their brand name and catalog or model number on the bid. Descriptive literature shall be annotated to specify the applicable page(s), brand, model and item(s).

Attachment #2

ADMINISTRATIVE REQUIREMENTS

135 HP Wheeled Tractor

Bidder Certification:

Please certify that you have received all three (3) pages of this document and that you have reviewed and agree to the requirements, terms and conditions within by signing below and returning all pages with the bid submission.

Printed Name

Signature

Date

BU #3600 IFB0000000840

Attachment #3

COST WORKSHEET

Complete the cost worksheet below. Make sure the unit cost includes shipping and handling charges.

Item Qty. UOM Product Code Description Unit Cost Total Extended Cost

1 2 EA Wheel Tractor with 135 engine HP and mimimim 110

PTO HP $_______________ $_______________

TOTAL COST (Enter the Total Cost including Shipping and handling) $_______________

GSPD-451 (REVISED AND EFFECTIVE 11/09/2011)

BIDDER INSTRUCTIONS

1. DEFINITIONS:

a) “Bid” means an offer, made in response to a solicitation to perform a contract for work and labor or to supply goods at a specified price, whether or not it is considered a “sealed bid” or results in award of a contract to a single or non-competitively bid contract.

b) “Bidder” means a supplier who submits a bid to the State in response to a solicitation.

c) “Solicitation” means the process, by whatever name known or in whatever format used, of notifying prospective bidders that the State wishes to receive bids for furnishing goods or services.

d) “Supplier” means a business entity, bidder, offeror, vendor or contractor.

2. SUBMISSION OF BIDS:

a) Bids must be hand delivered or sent via U.S. Mail or common carrier unless another method (e.g., facsimile) is specifically authorized in the solicitation.

b) Where a “sealed” bid is required, each bid shall be separately sealed inside an envelope and must be signed and received by the closing time and date specified, and on the forms furnished by the State to be considered for award.

The State reserves the right to consider authorized facsimile bids as properly “sealed” if received prior to the closing time specified, provided that a signature is shown on the facsimile.

c) The bidder is solely responsible for ensuring that the full bid is received by the State in accordance with the solicitation requirements, prior to the date and time specified in the solicitation, and at the place specified. The State shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or misdelivery.

d) Bids received after the time stated will be considered non-responsive.

e) If facsimile transmission of the bid is acceptable, and the bidder chooses to transmit their bid via facsimile, the bidder understands and agrees that the State will consider only those portions of the bid received prior to the closing time specified; any pages received after that time will not be considered.

f) If no time for receipt of bids is specified in the solicitation, the bid shall be due by the close of the business day on the date indicated. Close of the business day shall be 5:00 p.m. All times are Pacific Standard Time (PST)/Pacific Daylight Time

(PDT).

g) Generally, sealed bids will be opened and read on the due date unless another date and time is specified in the solicitation or any addendum thereto or the reverse auction terms and conditions are included in the solicitation.

When the Department of General Services, Procurement Division, facilitates a reverse auction all bids remain confidential before and during the auction.

Information is not public, including the number and names of the responders, until the Notice of Intent to Award or contract award is published, whichever occurs first.

3. SOLICITATION ADDENDUM (ADDENDA):

a) If a supplier received this solicitation through some means other than being a prequalified supplier on the State’s bidders list, it is the responsibility of the supplier to advise the buyer of its intention to provide a bid so that addenda or other correspondence related to the solicitation will be sent to the supplier.

b) In the event that the solicitation is revised by an addendum, supplier shall submit the original solicitation and any addenda that the buyer requires be submitted.

c) Price(s) offered shall reflect all addenda issued by the State.

Failure to do so will permit the State to interpret the bid to include all addenda issued in any resulting contract.

4. PRICES:

a) All prices and notations must be printed in ink or typewritten.

b) All prices must be bid in U.S. currency.

c) Unit prices may not be more than four (4) places to the right of the decimal point. For example, a unit price of $.56726 each, would exceed this limitation. Unit prices which exceed this limitation will automatically be truncated to the fourth decimal place for both evaluation and award purposes.

Using the example just cited, the "6" at the end of the unit price would be truncated (i.e., dropped off) leaving a unit price of $.5672 each.

d) An error in the bid may cause the rejection of that bid;

however, the State may at its sole option retain the bid and make certain arithmetic corrections. In determining if a correction will be made, the State will consider the conformance of the bid to the format and content required by the solicitation, and any unusual complexity of the format and content required by the solicitation.

i) If the bidder’s intent is clearly established based on review of the complete bid submittal, the State may at its sole option correct an error based on that established intent.

ii) The State may at its sole option correct obvious clerical errors.

iii) The total price of unit-price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the “Extension” price by the quantity of the item.

5. CASH DISCOUNTS: The State encourages bidders to offer cash discounts for prompt payment, however, unless provided elsewhere in the solicitation, cash discounts offered by bidders for the prompt payment of invoices will not be considered in evaluating offers to determine the successful bidder for award of any resulting contract.

6. INSPECTION OF SOLICITATION DOCUMENTS: Supplier shall carefully review all documents referenced and made a part of this solicitation to ensure that all information required to properly respond to the solicitation has been received or made available and all requirements are priced in the bid. Failure to examine any document, drawing, specification, or instruction will be at the supplier’s sole risk.

7. BRAND NAMES: AAnnyy rreeffeerreennccee ttoo bbrraanndd nnaammeess aanndd mmooddeell nnuummbbeerrss iinn tthhee ssoolliicciittaattiioonn iiss iinntteennddeedd ttoo bbee ddeessccrriippttiivvee,, bbuutt nnoott rreessttrriiccttiivvee,, uunnlleessss ootthheerrwwiissee ssppeecciiffiieedd Bids offering equivalent items meeting the standards of quality specified may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the referenced brand. Unless bidder specifies otherwise, it is understood that the bidder is offering a referenced brand item as specified in the solicitation. The State reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the State may require the supply of additional descriptive material and a sample.

8. EVALUATION OF BIDS:

a) Where more than one line item is specified in the solicitation, the State reserves the right to determine the lowest responsible bidder, either on the basis of individual items, combination of items as specified in the solicitation, or on the basis of all items included in the solicitation, unless otherwise expressly provided.

b) Unless otherwise specified in the solicitation, the State may accept any item or combination of items as specified in the solicitation, of any bid unless the bidder expressly objects and conditions its response on receiving all items for which it provided a bid. In the event that the bidder so objects, the State may consider the bidder’s objection and evaluate whether the award on such basis will result in the lowest price to the State or may determine in its sole discretion that such an objection is non-responsive and renders the bidder ineligible for award.

c) This solicitation is subject to all requirements set forth in the Electronic Waste Recycling Act of 2003 (Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste, hereafter called the “Act”). If the products and/or services being acquired pursuant to this solicitation are not subject to the Act, then bidder must demonstrate that the Act is inapplicable to all lines of business engaged by the supplier (or related agents, subsidiaries, partners, joint ventures, and sub-contractors). Contracts awarded, wherein a violation of the Act is found, are subject to sanctions defined in Public Resources Code, Chapter 8.5, Article 7..

Contracts awarded, wherein a violation of the Act is found, are subject to sanctions defined in Public Resources Code, Chapter 8.5, Article 7

d) This solicitation is subject to all requirements set forth in Sections 6452, 6487, 7101 and 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract Code, requiring suppliers to provide a copy of their retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization. Unless otherwise specified in this solicitation, a copy of the retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates, must be submitted within five (5) State business days of the State’s request. Failure of the supplier to comply by supplying the required documentation will cause the supplier’s bid to be considered non-responsive and the bid rejected.

e) Public Resources Code Section 42290 et seq. prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a State contract or subcontract or renewal, extension, or modification of an existing contract or subcontract.

Prior to award…