IFB_6000002015_Fireproofing_System_at_SOL.pdf
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- Solicitation number
- 6000002015
- Issued by
- Trinity County, California
About this file
This is an Invitation for Bid (IFB) issued by the California Department of Corrections and Rehabilitation (CDCR) Inmate Ward Labor Program for a Fireproofing System at California State Prison-Solano in Vacaville, CA. The project involves the installation of fireproofing systems in multiple buildings including the Facility Clinic, Central Treatment Center, and Medication Distribution buildings. The work will be completed in seven phases, with Phase 1 requiring submittals within 21 calendar days of agreement execution. Phases 2-3 allow 180 calendar days each for completion, while Phases 4-7 allow 45 calendar days each. A mandatory walk-through is scheduled for April 12, 2016 at 10:00 a.m., with bids due May 3, 2016 at 11:00 a.m. The contract term is 620 calendar days from Notice to Proceed.
The State's estimate for this agreement is $120,000. The contractor must possess a valid C-2 or C-35 Contractor's License or a "B" license with a qualified C-2 or C-35 subcontractor. The project includes progress payments upon completion of each phase, and liquidated damages are set at $250 per day for delays. While there is no minimum DVBE participation requirement, DVBE incentives ranging from 1-5% are available based on participation levels. The contractor must be registered with the Department of Industrial Relations and comply with prevailing wage requirements.
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Invitation for Bid Bid No. 6000002015
STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS
AND REHABILITATION
INVITATION FOR BID
BID NO. 6000002015
Date: March 15, 2016
The California Department of Corrections and Rehabilitation (CDCR), Inmate Ward Labor Program, hereafter referred to as the State, is inviting responses to this Invitation For Bid (IFB) entitled Fireproofing System at California State Prison-Solano, located at 2100 Peabody Road, Vacaville CA 95696.
In accordance with the California Government Code and Americans with Disabilities Act, this IFB is available in a text-only format on a compact disc as a disability-related reasonable accommodation.
To discuss how to receive a copy of this IFB in the specified format or to request a different format, please contact the person identified below.
This IFB package contains the following documents (except as otherwise indicated). Please note that you must comply with the requirements contained in all of these documents.
Notice to Prospective Bidders
Bidder Acknowledgment/Certification (OBS 300)
Bid Submittal Checklist
Sample Standard Agreement (STD 213)
Scope of Work (Exhibit A)
Project Specifications (Exhibit A-1)
Plan Sheets (Exhibit A-2)
Budget Details and Payment Provisions (Exhibit B)
Public Works Rate Sheet (Exhibit B-1)
Invitation for Bid Bid No. 6000002015
General Terms and Conditions (Exhibit C) This document is incorporated in this bid package by reference only and is available on the Internet at http://www.documents.dgs.ca.gov/ols/GTC-610.doc .
If you do not have Internet access, you may request a hard copy of Exhibit C by contacting the contract analyst listed below.
Special Terms and Conditions, Public Works (Exhibit D)
Prison Rape Elimination Policy – Volunteer/Contractor Information Sheet (Exhibit E)
Standard Contractor Certification Clauses (CCC)
Non-Collusion Affidavit (CDCR 1240)
CDCR Additional Certification Clauses (OBS1200)
Payee Data Record (STD 204) and Supplement Vendor Form
Non-Small Business Preference Request and Subcontractor Acknowledgement
(OBS 555)
Sample Certificate of Insurance
California DVBE Bid Incentive Instructions – Selecting Incentive Option
Bidder Declaration (GSPD-05-105)
DVBE Bid Incentive Request and Acknowledgement (OBS 554)
Payment Bond (Sample)
Performance Bond (Sample)
It is the opinion of the State that this IFB is complete and without need of explanation. However, if any documents are missing, or if you have any questions regarding this IFB, immediately contact the person identified below.
Kathy Reyna
(916) 255-5666
Katherine.reyna@cdcr.ca.gov California Relay Service 1-800-735-2929
Notice to Prospective Bidders Bid No. 6000002015
THE STATE OF CALIFORNIA
Department of Corrections and Rehabilitation
NOTICE TO PROSPECTIVE BIDDERS
Fireproofing System
California State Prison-Solano/Inmate Ward Labor Program
Bid No. 6000002015
I. PROJECTED TIMETABLE
The following dates are set forth for informational and planning purposes only and are subject to change.
IFB Available to Prospective Bidders March 15, 2016
Notification of Intent to Participate 3:00 p.m. on March 30, 2016 in Mandatory Walk-Through
Mandatory Walk-Through 10:00 a.m. on April 12, 2016 (additional information provided below)
Letters of Inquiry 1:00 p.m., on April 18, 2016
Submission of Bid/ Public Bid Opening 11:00 a.m., on May 03, 2016
Anticipated Date for Commencement of Services Upon Approval
Termination of Agreement 620 Calendar Days from Notice to Proceed (NTP)
II. FUNDING
The State’s estimate for this Agreement is $120,000.00.
III. BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS
Bidder qualifications and licensing requirements (if any) are specified in Exhibit A.
Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.
IV. PROHIBITION ON TAX DELINQUENTS
Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.
Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.
(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of 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. Any contract entered into in violation of this subdivision is void and unenforceable.
(b) This section shall apply to any contract executed on or after July 1, 2012.
V. BIDDER RESPONSIBILITIES & THE BID PACKAGE
Request for FULL project Drawings and Specifications: Drawings and Specifications for this project can be obtained by contacting Signature Reprographics at
(916) 454-0800. The documents can also be viewed and ordered by selecting the project from the Signature Reprographics’ “CDCR Online Planroom” by going to www.planroom.us/cdcr . Click on the “I accept” button to be taken to the list of CDCR projects. Questions in regards to the website can be directed to the Signature Reprographics team by calling (916) 454-0800 or e-mailing print@signaturerepro.com .
The documents may be purchased either in hard copy of electronic media format.
Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.
Bidder shall provide rate(s) on Rate Sheet (Exhibit B-1) Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required rates shall be cause for rejection of your bid.
NOTE:
1. Any quantities listed on Exhibit B-1 are CDCR’s estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.
2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per
Service) and Item Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.
All required documents listed in the Bid Submittal Checklist must be included within the sealed bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, an original, signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.
The bid must be for the entire activity described herein. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in ink by the bidder.
Failure to submit required documentation may result in the rejection of your bid.
VI. BID SUBMITTAL
Sealed bids must be received no later than the time and date specified in the Projected Timetable (Section I of these instructions) at the designated address stated below.
MAIL DELIVERY,
HAND DELIVERY, or
OVERNIGHT MAIL:
California Department of Corrections and Rehabilitation Office of Business Services, Contracts Management Branch Attention: Kathy Reyna 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827
Any bid received at the above address after the Submission of Bid date and time specified in the Projected Timetable, Section I, will NOT be considered. It is the State's policy to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB prior to the Public Bid Opening.
Bids that are not properly marked may be disregarded. All completed bids and required documents shall be packaged and submitted in a sealed envelope to the address specified in the section entitled “Bid Submission Requirements”. The sealed envelope must be clearly marked "BID FOR Fireproofing Services at California State Prison- Solano/Inmate Ward Labor Program - BID NO. 6000002015 Attention: Kathy Reyna
- DO NOT OPEN." Failure to do so may result in the premature opening of, or failure to open, your bid.
In submitting a bid, the bidder accepts the terms and conditions expressed herein.
Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.
A bidder may modify a bid after its submission by withdrawing the original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.
A bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.
All documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.
VII. LETTERS OF INQUIRY
The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders.
Prior to the Mandatory Bidders’ Walk Through, it is requested that any inquiries related to the specifics of the IFB and/or DVBE requirements, if applicable, be submitted in writing to allow CDCR time to research and prepare a response. Bidders will still, however, have the opportunity to ask questions at the Mandatory Walk-Through.
Submit your letter of inquiry by the date/time specified in the Projected Timetable Section I, directly to Kathy Reyna, Contracts Management Branch, by any of the following:
Mail: 9838 Old Placerville Road, Suite B-2
FAX: (916) 255-6187
E-mail: Katherine.reyna@cdcr.ca.gov
VIII. BIDDERS’ MANDATORY WALK-THROUGH
Notification of Intent to Participate in Bidders’ Mandatory Walk-Through
Bidders and/or their representative(s) planning to attend the Mandatory Bidders’ Walk- Through held on institution grounds must provide their driver's license or DMV identification card number, date of birth, and complete name to secure a Gate Clearance for admittance. Please contact Lee Vang at (707) 451-0182 Ext. 3607 by the date specified in the Projected Timetable to arrange for your participation in the Mandatory Bidders’ Walk Through.
Any interested bidder or bidder’s representative who requires reasonable accommodation to participate in the Mandatory Bidders’ Walk-Through must contact the contract analyst identified in this package two (2) weeks before the scheduled Mandatory Bidders’ Walk-Through to identify what reasonable accommodation(s) is required.
At the time of attendance at the Mandatory Bidders’ Walk-Through, bidders and/or their representatives will be required to bring their driver’s license or state DMV identification card to be admitted onto institution grounds.
NOTE: Bidders and/or their representatives will not be admitted onto institution grounds unless professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse clothing and/or yellow rainwear shall not be worn onto institution grounds. Contractors should contact the institution regarding clothing restrictions before any planned visit(s) to the institution to ensure the Contractor and/or their representatives are in compliance.
Additionally, electronic and communication devices such as pagers, cell phones, cameras/micro-cameras, and/or sound recording devices are not permitted on institution grounds and must be left in the bidder’s and/or their representative’s locked vehicle.
Mandatory Walk-Through
NOTE: PARTICIPATION IN THE WALK-THROUGH IS MANDATORY. ANY BIDDER
INTENDING TO SUBMIT A BID MUST EITHER ATTEND OR SEND A
REPRESENTATIVE TO THE WALK-THROUGH. FAILURE TO ATTEND OR PROVIDE
REPRESENTATION WILL RESULT IN THE BIDDER'S ELIMINATION FROM THE
BIDDING PROCESS.
The Mandatory Walk-Through will be held at California State Prison-Solano, located at 2100 Peabody Road, Vacaville, CA 95696 on the date and time specified in the Projected Timetable-Section I. The purpose of this walk-through is to provide bidders an opportunity to examine the work site before bidding in order to have full knowledge of the area(s) and/or specific equipment affecting the work that may not be specifically described herein.
Specific questions during the walk-through should be limited to the work site. Actual questions regarding the Scope of Work and/or Terms and Conditions of the IFB should be directed to the contact person identified in the cover letter of this IFB.
IX. PUBLIC BID OPENING
If you are planning to attend the public bid opening, you must notify the contact person listed in the cover letter of this IFB three (3) working days before the bid opening date specified in Section I – Projected Timetable. If you and/or your representative require reasonable accommodation to participate in the Public Bid Opening, you must contact the contract analyst identified in this package and identify what reasonable accommodation(s) is required for you to participate.
At the time of the public bid opening, the dollar amount of each bid shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE Mandatory participation requirements, if applicable.
X. NONRESPONSIBLE BIDDER
Any Contractor who has been terminated from an Agreement by the State within the last two (2) fiscal years due to poor performance may be rejected on the basis of nonresponsibility.
XI. BASIS FOR AWARD
The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.
In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed and all affected bidders will be advised of the tiebreaker method and invited to attend.
The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.
XII. GENERAL PREVAILING RATE OF WAGES
In accordance with the provisions of Section 1774 of the California Labor Code, the Contractor and any subcontractors shall conform to the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Copies of the wage rate determinations or any amendments thereto issued by the Director of the Department of Industrial Relations are on file with CDCR.
XIII. PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM
The California Legislature has imposed a new registration requirement for contractors and subcontractors involved with public works projects. Senate Bill 854, passed in late June 2014, implemented a new registration program to fund the Department of Industrial Relations’ (DIR) monitoring and enforcement of prevailing wage laws.
Pursuant to Labor Code §1771.4, which imposes additional requirements when bidding and awarding public works contracts:
(1) This project is subject to compliance monitoring and enforcement by the DIR.
(2) The Department shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Labor Code §1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body.
(B) In a format prescribed by the Labor Commissioner.
(4) The Department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements. Contractor shall cooperate with the Department by providing such information as the Department may request to ensure the Contractor’s compliance with this law.
(5) No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
(6) No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.
(7) The contractor shall submit proof of registration with DIR to CDCR with bid proposal. The contractor shall be responsible to ensure all subcontractors are registered with DIR.
XIV. AGREEMENT EXECUTION
The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required.
Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.
The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, A-1, A-2, B, B-1, and D.
This Agreement will not include a hard copy of the General Terms and Conditions for Private Contractors (Exhibit C), which is incorporated into the Agreement by reference only on the STD 213. Also not provided is a hard copy of the Contractor Certification Clauses (CCC). Exhibit C and the CCC may be downloaded from the Internet at www.ols.dgs.ca.gov/standard+language and printed for your files. An original, signed copy of all pages of the CCC must be submitted to CDCR. Failure to submit a signed CCC may result in rejection of your bid.
After award, two (2) original Standard Agreements will be forwarded to the Contractor for signature. Upon receipt, the Contractor must sign each Agreement with an original signature and return all Agreements with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreements and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.
This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board. When the Agreement is fully approved, a copy will be forwarded to you.
XV. EXTENSION OF TERM
This Agreement may be amended to extend the term, if it is determined to be in the best interest of the State. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement.
XVI. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM
This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.
XVII. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE
CDCR is committed to meeting and exceeding the 3 percent goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code 999. The DVBE Incentive Program applies to all contracting activities for services including public works, construction, services, leasing, materials testing, and other related contracts. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation. This incentive is for bid computation only.
To be eligible for the DVBE incentive, the business must:
1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form
(OBS 554) and submit with bid proposal.
2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.
For certification and preference approval process information, contact the DGS OSDS by telephone at (916) 375-4940 or access the DGS OSDS Internet website at http://www.pd.dgs.ca.gov/dvbe/default.htm
Award Based on Low Price The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).
DVBE PARTICIPATION LEVEL INCENTIVE APPLIED
1.0 - 1.99% 1%
2.0 UP TO 2.99% 2%
3.0 UP TO 3.99% 3%
4.0 UP TO 4.99% 4%
5.0 UP TO 5.99% 5%
1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five (5%) percent will be calculated with a five percent (5%) incentive.
2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.
3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.
4. The DVBE incentive is computed from the lowest responsive and responsible bid price.
XVIII. SMALL BUSINESS PREFERENCE PROGRAM
Current law encourages state departments to first consider a Small Business (S/B) Enterprise / Microbusiness (M/B) Enterprise for contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to use certified Small/Micro Businesses whenever possible.
A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:
1. The principal office is located in California
2. The officers are domiciled in California
3. The business is independently owned and operated
4. The business, with any affiliates, is not dominant in its field of operation; and
a. For Small Business, either:
(1) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $14,000,000 or less over the previous three years, or
(2) The business is a manufacturer with 100 or fewer employees
b. For Micro Business, either:
(1) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $3,500,000 or less over the previous three years, or
(2) The business is a manufacturer with 25 or fewer employees.
Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise.
The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.
To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:
1. Have a completed application (including proof of annual receipts) on file with the
DGS, OSDS, by 5:00 p.m. on the date bids are due, and
2. Receipt of documents verified by such office.
Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at www.pd.dgs.ca.gov/smbus/getcertified.htm.
XIX. NON-SMALL BUSINESS PREFERENCE REQUEST
Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.
In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.
A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.
To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS 555) with their bid proposal.
XX. NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS
PREFERENCE
Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.
In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.
To be eligible for the NVSA Small/Micro Business Preference, the business concern must:
1. request preference at the time of bid submission, and
2. must possess a valid certification prior to bid submission.
An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).
XXI. IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:
SMALL/MICRO BUSINESS AND DVBES
CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05-105). If any changes occur in the submitted original GSPD-05- 105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.
CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.
If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.
If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.
XXII. BIDDER PROVIDING FACILITY(IES)
Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.
The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.
Bidder Acknowledgement/Certification (OBS 300) Bid No. 6000002015 California Department of Corrections and Rehabilitation (CDCR)
The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, all Terms and Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1 Rate Sheet must be submitted with this Bidder Acknowledgement/Certification form.
Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.
By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.
COMPANY NAME:
STREET ADDRESS: P.O. BOX:
CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:
TELEPHONE NUMBER: FAX NUMBER:
FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:
TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership
[ ] Corporation (State in which incorporated _______) [ ] Other: ______________________
By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of California.
PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:
Bidding Preferences Claimed (Check only the preferences claimed) Preferences: Certification Number/Expiration Date DGS certified Small Business
DGS certified Micro Business
Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555
DGS certified Disabled Veteran Business Enterprise
DVBE Incentive requested by bidder (include the completed OBS 554 with bid) NVSA preference request TACPA Attach all applicable forms
Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.
Street Address, City, State, Zip Code
Street Address, City, State, Zip Code
BID SUBMITTAL CHECKLIST
PUBLIC WORKS
IFB No. 6000002015
Use this checklist to ensure that the documents identified below are included in your company’s bid package. Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.
A complete bid will consist of the documents identified below.
NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.
_____ Bidder Acknowledgement/Certification (OBS 300)
_____ Public Works Rate Sheet (Exhibit B-1)
_____ Payee Data Record (STD 204) and Supplement Vendor Form
_____ Public Works Contractor Certification (OBS 1200)
_____ Noncollusion Affidavit (CDCR 1240)
_____ Proof of registration with the Department of Industrial Relations (Refer to Exhibit D)
_____ Copy of valid California city or county business license (if applicable) or, if a corporation is located within the State of California, incorporation documents or a letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which the business is headquartered.
_____ Copy of a valid “C-2 or C-35” California State Contractors License or “B” license with a subcontractor who has the “C-2 or C-35” license.
_____ Copy of Contractor Certification Clauses (CCC)
_____ GSPD-05-105 Bidder Declaration
_____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555), if applicable
_____ DVBE Bid Incentive Request and Acknowledgement (OBS 554), if applicable
NOTE TO BIDDER: In addition to the above, the Contractor shall furnish the following to CDCR upon award.
PLEASE NOTE: A Payment and Performance Bonds are Required after the Agreement is awarded. Refer to Exhibit D, Item 1.D. for more information.
Copy of Certificate of Insurance (will be required at time of award, per Exhibit D, Special Terms and Conditions for Public Works.
STANDARD AGREEMENT
STD 213 (Rev 06/03) AGREEMENT NUMBER
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
CONTRACTOR'S NAME
2. The term of this through
Agreement is:
3. The maximum amount $ of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work page(s)
Exhibit B – Budget Detail and Payment Provisions page(s)
Exhibit C* – General Terms and Conditions Check mark one item below as Exhibit D:
Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) page(s) Exhibit - D* Special Terms and Conditions Exhibit E – Additional Provisions page(s)
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General Services Use Only
CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)
BY (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
AGENCY NAME
BY (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
ADDRESS
SAMPLE
Bid Number 6000002015 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work
FIREPROOFING SYSTEM
CALIFORNIA STATE PRISON-SOLANO/INMATE WARD LABOR PROGRAM
1. INTRODUCTION
The Contractor shall provide all equipment, materials, tools, travel, per diem, labor, transportation, and any other cost/fees necessary to provide services for the installation of the Fireproofing System (FPS) located in the Facility Clinic, Central Treatment Center (CTC) and Medication Distribution buildings at the California Department of Corrections and Rehabilitation (CDCR), Inmate/Ward Labor (IWL) Program at the California State Prison – Solano, located at 2100 Peabody Road, Vacaville, CA 95696.
2. CONTRACTOR RESPONSIBILITIES
The Contractor shall provide manufacturer licensed applicators and all fireproofing materials necessary for a complete, all-inclusive applied FPS that meets or exceeds CDCR and State Fire Marshall (SFM) requirements.
The Contractor shall provide Fireproofing per specifications and plans listed in Items 6 and 7.
In the event of a conflict between the Scope of Work (SOW) and the Specifications and Plans, the SOW shall prevail.
The Contractor shall apply Fireproofing material to the structural steel framing, metal decking, and precast concrete panels to the following buildings:
Sub-Project #1 – Bldg 520, Facility Clinic
Sub-Project #2 – Bldg 508, Central Treatment Center
Sub-Project #4 – Bldg 516, Med Distribution – Facility A
Sub-Project #4 – Bldg 517, Med Distribution – Facility B
Sub-Project #4 – Bldg 518, Med Distribution – Facility C
Sub-Project #4 – Bldg 519, Med Distribution – Facility D
Fireproofing thicknesses as shown on the plans are required by listed U.L. Designs based on a minimum beam weight and beam perimeter weight to perimeter ratios (W/D ratio). The Contractor shall adjust fireproofing thickness on beams and columns with a lighter W/D ration than the beams in the individual U.L. Designs as required per California Building Code. The Contractor shall submit the required thicknesses for each beam column size.
The Contractor shall provide protection to adjacent areas and existing equipment, including but not limited to masking and providing drop cloths to protect from overspray.
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
The Contractor shall conform to the California Fire Code and National Fire Protection Association (NFPA) 72 Standards under the guidelines of Title 8 under the General Applicability of Codes, Regulations and Standards.
Prior to leaving the premises, the Contractor shall remove debris from and clean-up all work site areas.
Work is performed between 6:30 a.m. and 3:00 p.m., Monday through Friday, excluding State Holidays, unless otherwise preapproved by the IWL Site Supervisor.
3. IWL RESPONSIBILITIES
IWL will provide power, water, and clean work area.
4. PHASES OF WORK
The Contractor shall complete all seven (7) phases as outlined below. The IWL Site Supervisor will issue separate Notices to Proceed (NTP) for Phases 2 through 7.
Phase 1 – Submittals:
The Contractor shall submit one (1) electronic set of design drawings and material submittals to the CDCR, within twenty-one (21) calendar days from the date of the executed Agreement.
All design drawings/material submittals must be approved by CDCR’s Architect/Engineer (A&E ) Unit and the SFM prior to the issuance of a Notice to Proceed.
Submittals shall be sent to: California Department of Corrections and Rehabilitations
Inmate/Ward Labor Program Attn: Rosa Cacho, Contract Analyst 9838 Old Placerville Road, Suite B
A copy will be returned to the Contractor “Approved for Use” or returned for “Correction and Resubmission”. Submittals returned for resubmission shall be resubmitted within ten (10) calendar days.
Phase 2
Sub Project #1 – Facility Clinic
Application of Fireproofing system
A NTP will be issued for Phase 2 of this project by the IWL Site Supervisor. The Contractor shall begin within five (5) calendar days from issuance of the NTP, and completed within 180 calendar days.
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
Phase 3
Sub Project #2 – Central Treatment Center
Application of Fireproofing system
A NTP will be issued for Phase 3 of this project by the IWL Site Supervisor.
The Contractor shall begin within five (5) calendar days from issuance of the NTP, and completed within 180 calendar days.
Phase 4
Sub Project #4 – Med Distribution – Facility A
A NTP will be issued for Phase 4 of this project by the IWL Site Supervisor. The Contractor shall begin within five (5) calendar days from issuance of the NTP, and completed within 45
Phase 5
Sub Project #4 – Med Distribution – Facility B
Phase 6
Sub Project #4 – Med Distribution – Facility C
Phase 7
Sub Project #4 – Med Distribution – Facility D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
5. LICENSE REQUIREMENT
The Contractor shall possess a valid C-2 or C-35 Contractor’s License or a “B” license with a subcontractor who holds the required “C2 or C-35” license.
The Contractor shall provide a valid State of California business license or a copy of incorporation documents/letter from the Secretary of State’s Office can be submitted or copy of a business license or incorporation papers from respective State demonstrating company is in good standing in that State.
6. SPECIFICATIONS
Project specifications are listed in Exhibit A-1 (Project Specifications) for the Contractor’s information and use.
07 81 00 – Applied Fireproofing
The complete sets of specifications are being provided for informational purposes only.
7. PLAN SHEETS
The following Plan Sheets are listed in Exhibit A-2 (Plan Sheets) for the Contractor’s information and use:
S2.01 – Roof Framing Plan, Sub-1, Clinic S2.02 – Roof Framing Plan, Sub-2, CTC S2.04 – Roof Framing Plan, Sub-4, Med Distribution.
Sub-Project #1:
S2.01
Sub-Project #2:
S2.02
Sub-Project #4:
S2.04
The complete set of plan sheets are being provided for informational purposes only. The Contractor shall be responsible for printing hard copies and drafting in AutoCAD as needed for submittals and use for project completion.
8. PAYMENTS
The Contractor will be paid in progress payments at the completion of each phase as indicated on the Exhibit B-1 Rate Sheet, and as approved by the IWL Site Supervisor and SFM. The Exhibit B-,1 Public Works Rate Sheet shall include all costs, taxes, direct and indirect associated with the project. (leave as is)
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
9. LIQUIDATED DAMAGES
Pursuant to Provisions of Exhibit D, liquidated damages are hereby set at $250 per day for each day the Contractor fails to complete work past the specified completion date as outlined in Section 4.
If the Contractor fails to pay liquidated damages, the State may deduct the amount thereof from any invoice payment due, or that may become due, to the Contractor under this Agreement.
10. CDCR CONTACT INFORMATION
Should questions or problems arise during the term of this Agreement, the Contractor may contact the following offices:
Invoice/Payment Issues Facility Planning, Construction & Management Inmate/Ward Labor Program Rosa Cacho, Contract Analyst Phone Number: (916) 255-3025 FAX Number: (916) 255-3030 E-Mail:Rosa.cacho@cdcr.ca.gov IWL Site Supervisor:
California State Prison – Solano (SOL) Lee Vang, IWL Construction Supervisor I Phone Number: (707) 446-9180 FAX Number (707) 446-9897 E-Mail: lee.vang@cdcr.ca.gov
General Contract Issues:
Office of Business Services Contract Management Branch Phone Number: (916) 255-5264
FAX Number: (916) 255-6187
Exhibit A-1 Project Specifications
S2.01
ROOF FRAMINGROOF FRAMINGROOF FRAMINGROOF FRAMING
PLANPLANPLANPLAN
SUBPROJECT #1SUBPROJECT #1SUBPROJECT #1SUBPROJECT #1
1/8"=1'-0"1/8"=1'-0"1/8"=1'-0"1/8"=1'-0"
04/28/201504/28/201504/28/201504/28/2015 02:41:48pm02:41:48pm02:41:48pm02:41:48pm
S6.00
S6.00
S6.60
BTWN BEAMS
S6.60
S6.60
S6.00
3.9
F
3.8
3.6
3.3
3.1
2.4
1.9
E.1EDCBA
18/ " ROOF FRAMING PLAN SOL SP1
SCALE: 18/ " = 1'-0"
S6.61
S6.00
S6.00
S6.61
4A
S7.60
4A
S7.60
S7.00
S6.60
S6.00
S6.00
4A
S7.60
S6.00
S6.61
S6.00
4A
S7.60
S6.00
S6.00
S6.00
S6.01
S6.00
S6.00
S6.00
S6.60
BTWN BEAMS
S6.60
S7.00
SHEET NOTES:
1. STRUCTURAL ROOF FLAT, BUILT-UP
ROOF SLOPES PER ARCH DRAWINGS.
2. REF S6.60 FOR CONNECTIONS TO MASONRY.
3. REF S7.00 FOR CONNECTIONS TO STEEL.
4 CONNECTIONS HAVE BEEN DESIGNED, AND
GIVEN LOADS ARE FOR REFERENCE ONLY.
5. REF 4/S7.60 FOR ROOF DECK OPENINGS.
6. REF ARCHITECTURAL DRAWINGS FOR SKYLIGHT
OPENING LOCATIONS. ADDITIONAL STEEL AT
OPENINGS PER 4/S7.60
#6
C H
O R
D B
A R
S
( 2 ) #6 CHORD BARS
TYP
W18X40
S4.00
S4.00
W24X94
W21X83
'-0
16/
16/
'-2
2/
'-6
2/
2" 6'
-2
4/
'-5
4/
7' -1
2/
2' -5
2"
'-8
2/
3'
-6
TYP
TYP
110'-0"
124'-6"
8' -0
4' -1
1" 5'
-1 1"
( 2 ) #5 COLLECTOR BARS
( 2 ) #5 COLLECTOR BARS
( 2 ) #6 CHORD BARS
30'-4"
S7.00
TYP
20GA 112/ " LVI
(OR EQUIVALENT) DECK
W/ 212/ " 4000PSI NWC FILL
(4" TOTAL DEPTH)
USE MIN. 6X6X1.4 WWF
REINFORCING
W14X22 {60} C= 34/ "
5' -7
W14X22 {69} C= 34/ "
W14X22 {69} C= 34/ "
W14X22 {69} C= 1"
W14X22 {69} C= 1"
W14X22 {69} C= 1"
W14X22 {69} C= 1"
W14X61 {69} C=114/ " COLLECTOR
W14X22 {69} C= 1"
W14X22 {69} C= 1"
W14X61 {69} C=114/ " COLLECTOR
W12X19 {39} C= 0"
W12X19 {39} C= 0"
W12X19 {39} C= 0"
W12X19 {39} C= 0"
W12X30 {39} C= 0" COLLECTOR
W12X19 {39} C= 0"
W12X19 {39} C= 0"
W12X30 {39} C= 0" COLLECTOR
W14X22 60 C= 0"
W14X22 {60} C= 34/ "
W14X22 {60} C= 34/ "
W14X22 {60} C= 34/ "
W14X22 {60} C= 34/ "
W14X22 {60} C= 34/ "
W14X22 {69} C= 1"
W14X61 {69} C=114/ " COLLECTOR
W14X22 {69} C= 1"
W14X22 {69} C= 1"W12X19 {39} C= 0"
W12X19 {39} C= 0"
W12X30 {39} C= 0" COLLECTOR
W12X19 {39} C= 0" W14X22 {60} C= 34/ "
W14X48 {60} C= 34/ " COLLECTOR
W14X26 {60} C= 34/ "
W14X22 {60} C= 34/ "
TYP
W12X19 {39} C= 0"
S6.61
S6.61
4' -8
4/
6' -0
4/
6' -0
5'
-1
4/
6' -4
8/
5' -3
8/
TYP
W16X67 {49} C= 0" COLLECTOR
3' -9
3'
-9
2"
7' -2
5' -4
16/
6'
-4
4/
5' -7
2/
7' -6
8/
3' -5
8/
3' -6
8/
TYP
W14X22 {60} C= 34/ "
W14X48 {49} C=0" COLLECTOR
TYP
#6
C H
O R
D B
A R
S
34'-10"
W21X55 W24X94
W14X22 {69} C= 34/ "W12X19 {39} C= 0"
W12X19 {39} C= 0" W14X22 {69} C= 1" W14X22 {60} C=0"
W14X22 {60} C=0"
W12X19 {39} C= 0" W14X22 {69} C= 1"
W14X22 {69} C= 1"
W14X22 {69} C= 34/ "
W16X67 {49} C= 0" COLLECTOR
W14X61 {69} C=1"
W12X19 {39} C= 0"
W12X19 {39} C= 0"
W12X30 {39} C= 0" COLLECTOR W14X48 {60} C=0" COLLECTOR
W14X48 {60} C=0" COLLECTOR
W14X22 {60} C=0"
W14X22 {60} C=0"
W14X22 {69} C= 1" W14X22 {60} C=0"W12X19 {39} C= 0"
19'-10"
3' -1
4/
3' -1
4/
2' -7
5'
-0
5' -0
5'
-1
8/
3' -1
4/
( 5 ) #5 COLLECTOR BARS
'-9
16/
S6.61
S6.61
( 1 ) #6 CHORD BAR
W14X48 {49} C=0" COLLECTOR
TYP
W16X26 {78} C= 1"
W14X22 {49} C=0"
W14X22 {49} C=0"
W14X22 {49} C=0"
W14X22 {49} C=0"
W14X48 {60} C= 0" COLLECTOR
4'-078/ "
'-4
W16X26 {78} C= 114/ "
3' -9
3'
-9
W16X26 {78} C= 34/ "
W16X26 {78} C= 34/ "
TYP
W16X26 {78} C= 114/ "
W16X26 {78} C= 114/ "
W16X26 {78} C= 1"
( 3 ) #5 COLLECTOR BARS
14'-51516/ "
S6.00
S6.00
TYP
TYP
T/STL =12'-1014/ " TYP.
T/WALL =16'-0" TYP.
TYP
W16X26 {78} C= 1"
W16X26 {78} C= 1"
INTERIOR 8" CMU WALL
EXTERIOR 8" CMU WALL, TYP
W16X26 {78} C= 114/ "
W21X83
W16X26 {78} C= 114/ "
W14X48 {78} C=0" COLLECTOR
W16X26 {78} C= 1"
W16X67 {78} C= 0" COLLECTOR
W16X26 {78} C= 114/ "
( 3 ) #5 COLLECTOR BARS
24'-514/ "
61316/ "
California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions
1. Invoicing and Payment
a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.
b. Invoices shall include the Agreement Number, Purchase Order Number and shall be submitted in triplicate not more frequently than monthly in arrears to the address provided below.
c. The Contractor also has the option to submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above.
California Department of Corrections and Rehabilitation (CDCR) Facilities Planning, Construction & Management, Contract Support Section Attn: Rosa Cacho, IWL Contracts Analyst 9838 Old Placerville Road, Suite B
Rosa.Cacho@cdcr.ca.gov
2. Budget Contingency Clause
a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect.
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