IFB___A241012651.pdf

Gavin Newsom Governor

Nancy Ward Director

INVITATION FOR BID

Notice to Prospective Bidders

IFB A241012651

Trailer Hauling Services

You are invited to review and respond to the California Governor’s Office of Emergency Services, hereinafter referred to as “Cal OES, Invitation for Bid (IFB) A241012651, titled Trailer Hauling Services. In submitting your bid, you must comply with these instructions found herein.

Note that all agreements entered into with Cal OES will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at the Internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Bidders are encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submission of bids is the responsibility of the bidder and cannot be overemphasized. Please ensure insurance requirements and, if applicable, prevailing wages are considered in your bid amounts.

It is the opinion of Cal OES that this IFB is complete and without need of explanation.

However, if you have questions, or need any clarifying information, the contact person for this IFB is:

Jairo Turnil California Governor’s Office of Emergency Services

Purchasing Division, Contracts Unit contractsunit@caloes.ca.gov

Please submit questions, including requests for hard copies of IFB documents, to the email address listed above referencing the IFB number in the subject line of the email. Note that no verbal information given will be binding upon the State unless such information is issues in writing as an official addendum. Questions via phone calls or in person are not accepted.

Any attempt by a bidder to initiate contact with any member of Cal OES staff, other than the Cal OES Contract Analyst, regarding this IFB may disqualify the Bidder from further consideration.

CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES IFB #A241012651

Trailer Hauling Services

TABLE OF CONTENTS

A. PURPOSE AND DESCRIPTION OF SERVICES

B. BIDDER MANDATORY QUALIFICATIONS

C. SUBCONTRACTING PROVISIONS

D. BID REQUIREMENT INFORMATION

E. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE NOTIFICATION

F. PREFERENCE AND INCENTIVE PROGRAMS

G. REQUIRED ATTACHMENTS

ATTACHMENT 1 - REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

ATTACHMENT 3 - CONTRACTOR CERTIFICATION CLAUSES

ATTACHMENT 4 - DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 5 - PAYEE DATA RECORD, STD 204 & STD 205

ATTACHMENT 6 - BIDDER DECLARATION SHEET, GSPD-05-105

ATTACHMENT 7 - GENAI DISCLOSURE & FACTSHEET

ATTACHMENT 8 - DVBE DECLARATIONS, DGS PD 843

ATTACHMENT 9 - CERTIFICATION OF CUF COMPLIANCE FOR SUBCONTRACTORS

ATTACHMENT 10 - COST SHEET

ATTACHMENT 11 - CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 12 - TARGET AREA CONTRACT PREFERENCE ACT, STD 830 and DGS/PD 526

ATTACHMENT 13 - SAMPLE AGREEMENT

A. PURPOSE AND DESCRIPTION OF SERVICES

Cal OES is seeking qualified Contractors to provide Trailer Hauling Services. The contractor is responsible for meeting all of the required licenses and certifications required to perform the scope of services set forth in this solicitation.

B. BIDDER MANDATORY QUALIFICATIONS

Bidder qualifications and licensing requirements, if any, are referenced in Exhibit A, Statement of Work.

C. SUBCONTRACTING PROVISIONS

Subcontracting Provisions, if allowable, are referenced in Exhibit A, Statement of Work.

D. BID REQUIREMENT INFORMATION

1. KEY ACTION DATES

The following dates are set forth for informational and planning purposes only and are subject to change:

ACTION

DATE AND TIME

IFB Available to Prospective Bidders July 30, 2024

Deadline to Submit Questions August 5, 2024, by 10 AM (PST)

Deadline for Responses to Questions August 7, 2024

Final Date for Submission of Bid August 13, 2024, by 1 PM (PST)

Bid Opening August 13, 2024, at 2 PM (PST)

Proposed Award Date August 23, 2024

Term Start Date July 1, 2024, or upon approval, whichever is later

Term End Date of Agreement June 30, 2027

2. WRITTEN QUESTIONS

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. Bidders may submit questions via email to contractsunit@caloes.ca.gov referencing the IFB number in the subject line of the email. To ensure a response, questions must be received by the date given in Key Action Dates.

Question and Answer Sets will be provided to all Bidders without identifying the submitters and will be posted as an official document.

3. SUBMISSION OF BID

a) All bids must be submitted electronically and received by Cal OES by the date and time shown in Key Action Dates.

b) Bids must be delivered by emailing contractsunit@caloes.ca.gov by the proposal submission deadline. It is up to the Bidder to ensure that electronic documents are viewable by Cal OES (provide in standard MS Office and/or Adobe formats for example).

c) Bids must bear a signature, on all documents requiring a signature, of a person authorized to bind the bidding firm.

d) It is the Bidder’s responsibility for ensuring that the bid is received by the submission deadline. Any bid received after the scheduled closing time for the receipt of bids will not be considered.

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

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

g) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to Cal OES.

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

i) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline.

Bidder modifications offered in any other manner, oral or written, will not be considered.

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

k) Cal OES may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

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

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

n) Introduction letters, expensive bindings, colored displays, promotional materials, etc., should not be included in the bid submission. Emphasis should be concentrated on conformance to the IFB instructions, responsiveness to the IFB requirements and completeness and clarity of content.

4. REJECTION OF BID SUBMISSIONS

a) A bid submission not received by the date and time specified in Key Action Dates will be rejected.

b) The bid submission must not contain false or misleading statements or provide references which do not support an attribute or condition claimed by the Bidder. If, in the opinion of CAL OES, such information was intended to mislead CAL OES in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid submission.

c) Deviations in the bid submission, whether or not intentional, may cause the bid submission to be non-responsive and not considered for award.

d) Unless previously approved by the State through the written questions process identified in Section 2, any material submitted by any Bidder in the final bid submission that is marked “CONFIDENTIAL” or “PROPRIETARY” may cause the entire bid submission to be deemed non-responsive and rejected.

e) Cal OES 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, the General Terms and Conditions are not negotiable.

f) Cal OES is not required to award a contract. Cal OES reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received and to accept all or any portion of a bid, if deemed in the best interest of the State and not contrary to law. Cal OES’ waiver of any immaterial deviation or defect will in no way modify the IFB documents or excuse the contractor from full compliance with the IFB specification, if awarded the contract.

g) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind.

5. EVALUATION AND SELECTION

a) The bid opening will be held via conference call. To receive conference call dial-in instructions contact contractsunit@caloes.ca.gov prior to opening date and time.

1) During the bid opening, Cal OES will read aloud and record the Bidder’s

Name and their Grand Total Combined Amount from the Attachment B-1, Cost Sheet.

b) The Cal OES Contract Analyst will further verify and evaluate the bid submissions as described in the IFB to determine lowest responsive responsible bidder. The further review may include, but is not limited to:

1) Validation of References;

2) Cost Sheet calculations have been verified;

3) Small Business (SB) Preferences have been evaluated, confirmed and calculated;

4) DVBE Participation Incentives have been evaluated, confirmed and calculated;

5) Largest tax delinquents eligibility confirmed;

6) Corporate standing has been verified with State of California, Secretary of State; and

7) Commercially Useful Function (CUF) analysis

8) Verification of required documents

c) During further review, if any of the required documents are missing, incomplete, modified or contain alterations, the evaluation committee may reject the bid submission as non-responsive.

d) The documents provided by the Contractor in their bid submission enable

Cal OES to evaluate for responsiveness. Cal OES reserves the right to ask clarifying questions during evaluation.

e) Cal OES will determine the validity of references and signatory authority of winning bidder prior to awarding contract or posting Notice of Intent to Award.

f) Nothing in this section will require the awarding of the contract if no bids are received offering a contract price that, in the opinion of Cal OES, is a reasonable price.

6. AWARD AND PROTEST

a) Contract award, if made, will be awarded to the Bidder whose bid has the lowest responsive responsible submission.

b) In the event of a tie, representatives of Cal OES will flip a coin to determine the winning bidder. The coin flip will be witnessed and documented by two (2) or more Cal OES employees.

c) Whenever an Agreement is awarded under a procedure which provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) working days prior to the award of the Agreement.

d) Upon written request by any bidder, notice of the proposed award shall be posted online on the Cal eProcure webpage for this solicitation at least five (5) working days prior to awarding the Agreement.

e) If any bidder, prior to the award of Agreement, files a protest with the Department of General Services (DGS), Office of Legal Services, and OES on the grounds that the (protesting) bidder is the lowest responsible bidder, the Agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter (Public Contract Code §10345).

f) Within five (5) days after filing the initial protest, the protesting bidder shall file with DGS and OES a detailed written statement specifying the grounds for the protest. The written protest must be sent to the

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

A copy of the detailed written protest should be mailed to OES, Contracts Manager, 3650 Schriever Avenue, Mather, CA 95655 or emailed to ContractsUnit@Caloes.ca.gov

It is suggested that any protest be sent certified or registered mail.

7. DISPOSITION OF BIDS

a) Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California and will be regarded as public records under the California Public Records Act (Gov. Code § 6250 et seq.) and subject to review by the public.

8. PERFORMANCE OF SERVICE

a) Upon award of the contract, the winning Bidder must provide a Certificate of Insurance (COI) within ten (10) working days from award of contract.

This COI will identify the required insurance as indicated in the attached Sample Standard Agreement (STD 213), Exhibit E, Additional Provisions.

b) Upon award of the contract, the winning Bidder agrees to execute the contract on the State’s Standard Agreement (STD 213), including all Exhibits. The Agreement must be signed by an individual authorized to bind the firm contractually.

9. AGREEMENT EXECUTION AND PERFORMANCE

a) Performance shall start not later than ten (10) days after approval of the Contract, or on the express date set by Cal OES and the Contractor, after all approvals have been obtained and the agreement is fully executed.

Should the Contractor fail to commence work at the agreed upon time, Cal OES, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

b) All performance under the agreement shall be completed on or before the termination date of the agreement.

10. TAX DELINQUENT STATUS VERIFICATION

a) Effective July 1, 2012, Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b) At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the websites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

E. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE NOTIFICATION

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids that present an unacceptable level of risk to the state.

F. PREFERENCE AND INCENTIVE PROGRAMS

Preference and Incentive Programs are each identified below. When the Bidder satisfies the requirements and requests bid preferences and incentives, the Bidder must clearly identify in their bid submission for which of the programs it qualifies. Denial of those preference or incentive requests is not a basis for rejection of the bid.

1. SMALL BUSINESS ENTERPRISE PREFERENCE PROGRAM

California Government Code (GC) section 14835, et seq., requires a preference be given to Bidders who are California Certified Small Business (SB). The rules and regulations of this law, including the definition of a SB for the delivery of goods and services, are contained in California Code of Regulations, title 2, section 1896 et seq.

a) A 5% preference, (not to exceed $50,000) is available to a certified SB. A Bidder claiming this preference must be certified by the Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a SB.

Questions regarding certification should be directed to the OSDS at (916) 375-4940.

To be considered as a certified SB, the Bidder must have a complete application package on file with the OSDS by 5:00 p.m. on the Deadline for IFB Submission. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business- Disabled-Veteran-Business-Enterprise#@ViewBag.JumpTo

To claim the Small Business Preference please see Attachment 6, Bidder Declaration (GSPD-05-105).

b) Non-Small Business Subcontractor Preference (if subcontracting is allowable in Exhibit A, Statement of Work):

A 5% preference, (not to exceed $50,000) is available to a non-small business (NS) claiming 25% California-certified small business subcontractor participation. A Bidder claiming this preference must list one or more SB subcontractor(s), whom the Bidder commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract.

To claim the Small Business Preference please see Attachment 6, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Statement of Work included in this IFB shall qualify the Bidder or be used to qualify the Bidder for the SB Preference or Non-Small (NS) Business Subcontractor Preference. A certification signed under penalty perjury that the work performed by SB subcontractors serves a CUF is required from the bidder.

COMMERCIALLY USEFUL FUNCTION DEFINITION

As defined in MVC §999(B), a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:

Is responsible for the execution of a distinct element of the work of the contract.

Carries out the obligation by actually performing, managing, or supervising the work involved.

Performs work that is normal for its business services and functions.

Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

A contractor, subcontractor, or supplier will not be considered to perform a “commercially useful function” if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SB or DVBE participation.

2. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

It is the intent of the California Legislature that every State procurement authority honor California’s disabled veterans by taking all practical actions necessary to meet or exceed the Disabled Veteran Business Enterprise participation goal of a minimum of three percent (3%) of total contract value.

The Disabled Veteran Business Enterprise (DVBE) Certification and Outreach Branch program was created for this purpose. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.61 et seq.

a) DVBE PARTICIPATION REQUIREMENT

For the purposes of this solicitation, the DVBE Participation Requirement has been waived, however the DVBE Incentive still applies.

Note: Pursuant to Military and Veterans Code section 999 (B), only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Statement of Work included in this IFB shall qualify the Bidder or be used to qualify the Bidder for a DVBE participation and/or DVBE incentive. A certification signed under penalty perjury that the work performed by DVBE subcontractors serves a CUF is required from the bidder per MVC §999.10(a)(3). Bidders must also verify each DVBE subcontractor’s certification status with OSDS to ensure DVBE participation eligibility prior to submitting bids.

b) DVBE INCENTIVE

Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to a Bidder who provides DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration DGS PD-05-105, and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of:

Incentive Amount

5% or Over 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

A Bidder is eligible to receive this additional DVBE incentive if they are a certified DVBE or if a non DVBE Bidder commits to use a certified DVBE(s) as subcontractor(s) (if subcontracting is allowable in Exhibit A, Statement of Work).

The net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the number 1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses.

1) Certified DVBE Bidder incentive considerations:

i. Commit to performing 1% or more of the contract bid value with the prime bidders’ firm or in combination with another DVBE(s)

ii. Document DVBE participation on the Bidder Declaration GSPD-05- 105, Attachment 6.

iii. Submit a completed Disabled Veteran Business Enterprise Declarations form, DGS PD 843, (Attachment 8) signed by the DVBE owner/manager.

3. TARGET AREA CONTRACT PREFERENCE ACT

In accordance with California Code, Section 4530, bidders may be eligible for a preference whenever contracts for goods or services are in excess of $100,000 and the bidders meet certain requirements as defined in the California Administrative Code (Title 2, Section 1896 et seq.) regarding labor needed to provide the services being procured. Bidders may receive extra consideration depending on what parts of the preference they claim. Full details can be found on the STD 830 form itself. Bidders desiring to claim this preference must submit a full executed copy of the STD 830 form and

DGS/PD 526.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Request-a-Target-Area-Contract- Preference#@ViewBag.JumpTo https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

Bidders’ questions regarding this preference are to be directed to:

Department of General Services Dispute Resolution Unit

707 3rd Street, 2nd Floor West Sacramento, CA 95605 tacpa@dgs.ca.gov

4. APPLYING PREFERENCE AND INCENTIVES

a) Preferences and incentives are used for bid tabulation purposes to determine the lowest responsive responsible bidder. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting contract. Please be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance to statutory, regulatory and contractual requirements.

b) The SB preference of 5% will be applied when a responsible Bidder that is not a CA certified SB submits the lowest responsive responsible bid. For evaluation purposes, 5% of the lowest responsible bid is subtracted from the bids for bidders that are certified SBs. A NS claiming 25% CA Certified SB/MB subcontractor participation will receive a 5% preference (calculated on the lowest responsible bid) if the lowest responsive proposal is neither a SB nor NS. (Note: NS claiming SB subcontractor preference cannot remove an award from a certified SB.)

c) The TACPA preference will be applied after the SB preference and the DVBE incentive.

d) Pursuant to California Code of Regulations (CCR) 2 CCR§ 1896.8, there is a $50,000.00 cap of the amount of SB/NS preference and there is a combined cap of $100,000 for all preferences and incentives. Pursuant to 2 CCR§ 1896.99.120, there is a $100,000.00 cap of the amount of DVBE incentive.

G. REQUIRED ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

3. Contractor Certification Clauses

4. Darfur Contracting Act Certification

5. Payee Data Record, STD 204 & STD 205

6. Bidder Declaration Sheet, GSPD-05-105

7. GenAI Disclosure & Factsheet

8. DVBE Declarations, DGS PD 843 (if applicable)

9. Certification of CUF compliance for subcontractors (if applicable)

10. Cost Sheet

11. California Civil Rights Laws Certification

12. TACPA, STD 830 and DGS/PD 526 (if applicable)

13. Sample Agreement (reference only)

ATTACHMENT 1 - REQUIRED ATTACHMENT CHECKLIST

A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to Cal OES. For your bid to be responsive, all required attachments must be returned.

Company Name: _____________________________

ATTACHMENT REQUIRED ATTACHMENT NAME

Attachment 1 YES Required Attachment Checklist

Attachment 2 YES Bid/Bidder Certification Sheet

Attachment 3 YES Contractor Certification Clauses

Attachment 4 YES Darfur Contracting Act Certification

Attachment 5 YES Payee Data Record, STD 204 & STD 205

Attachment 6 YES Bidder Declaration Sheet, GSPD-05-105

Attachment 7 YES GenAI Disclosure & Factsheet

Attachment 8 YES (if applicable) DVBE Declarations, DGS PD 843

Attachment 9 YES (if applicable) Certification of CUF compliance for subcontractors

Attachment 10 YES Cost Sheet

Attachment 11 YES California Civil Rights Laws Certification

Attachment 12 YES (if applicable) TACPA, STD 830 and DGS/PD 526

Attachment 13 NO Sample Agreement

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

BID/BIDDER CERTIFICATION SHEET

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

A. Our all-inclusive bid is submitted as detailed in Attachment 10, Cost Sheet.

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

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

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

1. Company Name 2. Telephone Number

2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

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

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

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

a. California Small Business b. Disabled Veteran Business Enterprise

Yes No Yes No If yes, enter your service code below: If yes, enter certification number:

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

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

Trailer Hauling

Completion Instructions for Bid/Bidder Certification Sheet

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

Item Numbers Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

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

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

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

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office.

This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

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

10, 11, 12, 13

Must be completed. These items are self-explanatory.

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

ATTACHMENT 3 - CONTRACTOR CERTIFICATION CLAUSES

A Bidder must complete the Contractor Certification Clauses located at the following internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

ATTACHMENT 4 - DARFUR CONTRACTING ACT CERTIFICATION

A Bidder must complete the Darfur Contracting Act Certification located at the following internet site:

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

ATTACHMENT 5 - PAYEE DATA RECORD, STD 204 & STD 205

A Bidder must complete the Payee Data Record and the Supplement form (as needed), located at the following internet sites:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

ATTACHMENT 6 - BIDDER DECLARATION SHEET, GSPD-05-105

A Bidder must complete the Bidder Declaration, located at the following internet site:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

When completing the declaration, if subcontracting is allowable in Exhibit A, Statement of Work, Bidders must identify all subcontractors proposed for participation in the 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.

ATTACHMENT 7 - GENAI DISCLOSURE & FACTSHEET

A Bidder must complete the GenAI Reporting and Factsheet (STD 1000) located at the following internet site:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

ATTACHMENT 8 - DVBE DECLARATIONS, DGS PD 843

A Bidder must complete the Disabled Veteran Business Enterprise Declarations (DGS PD 843), located at the following internet site (if applicable):

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

ATTACHMENT 9 - CERTIFICATION OF CUF COMPLIANCE FOR SUBCONTRACTORS

A Bidder must submit a signed statement under penalty of perjury that the work performed by subcontractors is CUF compliant.

ATTACHMENT 10 - COST SHEET

Refer to Exhibit B-1 in Sample Agreement.

ATTACHMENT 11 - CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

A Bidder must complete the California Civil Rights Laws Certification located at the following internet site:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS- LAWS-ATTACHMENT.ashx

ATTACHMENT 12 - TARGET AREA CONTRACT PREFERENCE ACT, STD 830 and DGS/PD 526

A bidder must complete the Target Area Contract Preference Act, STD 830 and DGS/PD 526, as applicable, located at the following internet site:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services- List-Folder/Request-a-Target-Area-Contract-Preference#@ViewBag.JumpTo https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

ATTACHMENT 13 - SAMPLE AGREEMENT

Note to Bidders: The following pages represent a sample of the Agreement that will be awarded, if any, from this IFB. Please review it carefully and present any questions in writing to the contact identified for this IFB.

California Governor’s Office of Emergency Services Contractor Name - TBD

Agreement No. A2410012651

EXHIBIT A

STATEMENT OF WORK (SOW)

TRAILER HAULING SERVICES

1. OBJECTIVE

The California Governor’s Office of Emergency Services, hereinafter referred to as “Cal OES” requires TBD, hereinafter referred to as “Contractor”, to provide trailer/transportation services for the Hazardous Materials Training Program. The trailers are used in training exercises for the Hazardous Materials Technician and Specialist courses. No hazardous materials will be transported under this contract. Trailers are located at:

10 Sonoma Avenue San Luis Obispo, CA 93405

2. TERM/PERIOD OF PERFORMANCE

A. The period of performance for the Agreement shall be July 1, 2024, or upon approval, whichever is later, through June 30, 2027.

B. The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until the Agreement has been fully executed. Any delivery or performance of service that is commenced prior to the execution of the Agreement shall be considered voluntary on the part of the Contractor and non-compensable.

C. Consistent with the terms and conditions of the original solicitation, and upon mutual consent, Cal OES and the Contractor may execute written amendments to alter the method, price, or schedule of the work, subject to the limitations set forth by California Public Contract Code, section 100 et seq, and the California State Contracting Manual, Volume 1.

3. BUDGETED AMOUNT

The initial award of this Agreement shall not exceed $TBD and there is no obligation on Cal OES’ part to utilize the entire amount. Any increases in the budgeted amount will be at the rates evaluated and considered herein.

4. MANDATORY QUALIFICATIONS

A. The Contractor must possess a semi-truck with fifth-wheel coupling and all equipment necessary to fulfill the services as described in Exhibit A, Statement of Work (SOW), Section 5, Tasks and Deliverables.

Agreement No. A2410012651

B. The Contractor and all personnel/drivers must possess a valid Class A license throughout the entirety of this agreement.

5. PROJECT TASKS AND DELIVERABLES

The Contractor must perform project tasks and/or deliverables, including, but not limited to, the following:

A. The Contractor shall transport one (1) HazMat Technician (28’ Great Dane) trailer from CSTI San Luis Obispo (SLO) campus to training facility (TBD) and from training facility back to CSTI San Luis Obispo (SLO) campus. Maximum 1680 miles round trip *

B. The Contractor shall transport one (1) HazMat Specialist (28’ West-Mark) trailer from CSTI SLO campus to training facility (TBD) and from training facility back to CSTI San Luis Obispo (SLO) campus. Maximum 1680 miles round trip *

C. The Contractor shall transport one (1) HazMat Specialist (48’ Fireblast Specialist Trailer - Big Red trailer) from CSTI SLO campus to training facility (TBD) and from training facility back to CSTI San Luis Obispo (SLO) campus. Maximum 1680 miles round trip *

D. The Contractor shall transport 28’ Great Dane, 28’ West-Mark, 48’ Fireblast Specialist (Big Red) trailers for local San Luis Obispo moves as needed. [Up to Forty-Eight (48) billable hours per FY.]

E. Detention fee for delays longer than 30 minutes associated with, but not limited to, trailer issues, and access to CSTI SLO or any training site. [Up to Sixteen (16) billable hours per FY.]

* The time between drop off and pick up from training facility may be up to four (4) weeks.

Estimated miles are based on distance from CSTI SLO to training facility located the furthest form CSTI SLO, which is located in Imperial, CA. Contractor shall drop off trailer and leave trailer at a training facility for up to four (4) weeks. Contractor will then return to training facility to pick up trailer and deliver trailer back to CSTI SLO. The mileage for the longest round trip to be driven is approximately 1,680 miles.

6. ACCEPTANCE OF SERVICES

Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. The approval process is outlined in the Performance Section of this SOW. Acceptance criteria shall consist of the following:

A. The Contractor is responsible for obtaining approval from Cal OES Contract Manager before beginning any services.

B. The Contractor shall meet all timelines and deliverable due dates as described herein.

Agreement No. A2410012651

C. It shall be Cal OES’ sole determination as to whether services have been successfully completed and are acceptable.

D. The Contractor costs related to rework of unacceptable work products shall be costs of the Contractor and shall not be billed to Cal OES.

7. CONTRACTOR RESPONSIBILITIES

A. This serves as a notice under Executive Order N-6-22 that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the Executive Order and the sanctions identified on the U.S.

Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

B. The Contractor shall provide all equipment and/or software necessary to perform the required duties outlined herein.

C. The Contractor shall designate a primary contact person to whom all project communications may be addressed and who has the authority to act on all aspects of the services.

D. If a Contractor employee is unable to perform due to illness, resignation, or other factors beyond the Contractor’s control, the Contractor shall provide qualified and suitable substitute personnel.

8. CAL OES RESPONSIBILITIES

A. Cal OES shall designate a person to whom all Contractor communication will be addressed, and who has the authority to act on all aspects of the services. This person will review the SOW and associated documents with the Contractor to ensure understanding of the responsibilities of both parties.

B. Cal OES shall provide access to department staff and management, offices and operation areas, as required, to complete the tasks and activities defined under this Agreement.

9. PERFORMANCE

Cal OES will be the sole judge of the acceptability of all work performed and all work products produced by the Contractor as a result of this SOW. Should the work performed or the products produced by the Contractor fail to meet Cal OES’ conditions, Agreement No. A2410012651 requirements, specifications, guidelines, or other applicable standards, the following resolution process will be employed, except as superseded by other binding processes:

A. Cal OES will notify the Contractor of such problems in writing within five (5) business days.

B. The Contractor must respond to Cal OES within five (5) business days after initial problem notification. The response shall include a corrective action plan and detailed explanation of how the Contractor plans to mitigate the issue.

i. Failure by the Contractor to respond to Cal OES’ initial problem notification within the required time limit may result in immediate termination of the Contract. In the event of such termination, Cal OES shall pay all amounts due the Contractor for all work accepted prior to termination.

C. Cal OES will, within five (5) business days after receipt of the Contractor’s corrective action plan, notify the Contractor in writing whether it accepts or rejects the plan.

i. If Cal OES rejects the corrective action plan, the Contractor will submit a revised plan within three (3) business days. Failure by the Contractor to respond to Cal OES’ notification may result in immediate termination of the Agreement.

D. Upon receipt of the revised corrective action plan, Cal OES will notify the Contractor in writing whether it accepts or rejects the revised plan within three (3) business days.

i. Rejection of the revised corrective action plan will result in immediate termination of the Agreement.

E. In the event of Agreement termination, Cal OES shall pay all amounts due to the Contractor for all work accepted prior to termination.

10. PROBLEM ESCALATION

The parties acknowledge and agree that certain technical and project related problems or issues may arise, and that such matters shall be brought to Cal OES’ attention. There may be instances where the severity of the problem(s) justifies escalated reporting. To this extent, the Contractor will determine the level of severity and notify the appropriate Cal OES personnel. Cal OES personnel notified and the time period taken to report the problem or issue shall be at a level commensurate with the severity of the problem or issue.

The relevant Cal OES personnel include, but are not limited to, the following:

First level: Kelly Gargano, SSM I

(805) 594-2151 Kelly.Gargano@CalOES.ca.gov

Second level: Justin Freiler, Deputy Superintendent

Agreement No. A2410012651

(805) 594-2148 Justin.Freiler@CalOES.ca.gov

Third level: Lori Nezhura, Deputy Director

(916) 845-8636 Lori.Nezhura@CalOES.ca.gov

11. TERMINATION OF AGREEMENT

Cal OES reserves the right to terminate this Agreement, subject to thirty (30) days written notice to the Contractor. In the event of termination, Cal OES shall pay all amounts due the Contractor for all services rendered and accepted prior to termination.

Additional conditions for termination include, but are not limited to, the following:

A. This Agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement termination shall be effective as of the date indicated on Cal OES’ notification to the Contractor.

B. This Agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or Cal OES’ premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

C. Cal OES may terminate performance of work under this Agreement for its convenience in whole or, from time to time, in part, if Cal OES determines that a termination is in the State's interest.

i. Cal OES shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof. The parties agree that, as to the terminated portion of the Agreement, the Agreement shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the Agreement shall not be void.

ii. After receipt of a Notice of Termination, and except as directed by Cal OES, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall:

a) Stop work as specified in the Notice of Termination.

b) Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continued portion of the Contract.

Agreement No. A2410012651

c) Terminate all subcontracts to the extent they relate to the work terminated.

d) Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification of which will be final for purposes of this clause.

D. The Contractor may submit a written request to terminate this Agreement only if Cal OES should substantially fail to perform its responsibilities as provided herein.

12. GENAI TECHNOLOGY USE & REPORTING

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

13. SUBCONTRACTING PROVISIONS

No Subcontracting is allowable under this Agreement.

14. AUTHORIZED REPRESENTATIVES

The authorized representatives during the term of this Agreement are identified in the tables below. Changes to the Authorized Representatives are allowed without contract amendment via written notice to the representatives identified below.

Agreement No. A2410012651

For service related inquiries:

The California Governor’s Office of Emergency Services

TBD

NAME: NAME:

ADDRESS: 10 Sonoma Ave., Bldg 904 San Luis Obispo, CA 93405

ADDRESS:

PHONE: PHONE:

EMAIL: EMAIL:

For Agreement administrative inquiries:

The California Governor’s Office of Emergency Services

TBD

NAME: Jairo Turnil, Contract Analyst NAME:

ADDRESS: 10391 Peter A McCuen Blvd Mather, CA 95655

ADDRESS:

PHONE: (916) 845-8932 PHONE:

EMAIL: Jairo.Turnil@caloes.ca.gov EMAIL:

Agreement No. A2410012651

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. It shall be Cal OES’ sole determination as to whether a service has been successfully completed and is acceptable.

2. Invoices shall be submitted after services are rendered and shall include the following information:

A. Agreement No.

B. Contractor

C. Service

D. Itemized Cost

E. Invoice Date

Invoices shall be due and payable, and payment shall be made, only after Cal OES’ Contract Manager’s acceptance of services.

3. The Contractor’s costs related to items such as travel and per diem shall be inclusive in the Cost Sheet, Exhibit B-1, and will not be paid separately as part of this Agreement.

4. Submit invoices to:

California Governor’s Office of Emergency Services Accounting Unit

CSTIinvoice@caloes.ca.gov

5. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, Cal OES shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.

6. If funding for any fiscal year is…