IFB_C15-29817.docx

Edmund G. Brown Jr., Governor

State of California Health and Human Services Agency California Department of Rehabilitation Contracts and Procurement Section 721 Capitol Mall, 6th Floor Sacramento, California 95814

February 16, 2016

INVITATION FOR BID

IFB #C15-29817

Refrigeration Service and Repair Notice to Prospective Bidders (Marin, Alameda, Contra Costa and San Francisco Counties)

You are invited to review and respond to this Invitation for Bid (IFB) # C15-29817, Refrigeration Service and Repair for the Department of Rehabilitation. In submitting your bid, you must comply with these instructions.

THIS SOLICITATION INCLUDES THE DISABLED VETERANS BUSINESS ENTERPRISE (DVBE) INCENTIVE

Note that all Agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 610-6/10) and Contractor Certification Clauses (CCC 307-3/07) that may be viewed and downloaded at Internet site website at http://www.ols.dgs.ca.gov/Standard+Language/default.htm. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the Department of Rehabilitation, this IFB is complete and without need of explanation. However, if you have questions regarding this IFB, they must be submitted in writing, via email to the contract analyst listed below.

Department of Rehabilitation Contracts and Procurement Section Shari Cooley, Contract Analyst 721 Capitol Mall, 6th Floor Sacramento, CA 95814

(916) 558-5690 Shari.L.Cooley@dor.ca.gov

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

BEP SERVCE AGREEMENTS

A) PURPOSE

1) Background: The Department of Rehabilitation (DOR) Business Enterprises Program (BEP) provides training, licensure, and self employment opportunities for persons who are legally blind in the management of food service and vending facilities on public (state, federal, and county) and private properties throughout the State pursuant to the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and California Welfare and Institutions Code Section 19625 et seq. The BEP owns and provides food service and vending facility equipment to licensed BEP vendors for the operation of the food service and vending facilities and provides repair services for said equipment.

2) The Contractor will evaluate any problems and consult with the Business Enterprise Consultant (BEC) on the repairs and operation of the equipment.

3) Description of Services: See proposed Contract Exhibit A.1 for detailed description of services, budget detail, and Contract requirements.

B) BIDDER MINIMUM QUALIFICATIONS

1) Contractor must have a minimum of three (3) years experience.

2) Special Licenses and Certificates - The Contractor shall possess a C38 License (Refrigeration Contractor) issued through the State of California’s Contractors State Licensing Board as required under the California Code of Regulations, Title 16, Article3, Classification. A copy of your current C38 license is required at bid opening.

3) United States Environmental Protection Agency (EPA) Certification - As required by 40 Code of Federal Regulations, Part 82, Subpart F, technicians who will be providing services under this Agreement are required to hold a “Type 1” and “Type 2” certificate or a “Universal” certificate. The Contractor must provide copies of certificates for all technicians who will be providing services under this Agreement. Copies of certificates are required at bid opening. The list of EPA approved testing programs can be found at http://www.epa.gov/ozone/title6/608/technicians/608certs.html

4) Recovery and Recycling Equipment Bidder must comply with the Refrigerant Recovery and Recycling requirements stipulated under 40 Code of Federal Regulations (CFR) 82, Subpart F. Additionally, recovery of substitutes of class I and class II substances are also required as of November 1995 under Section 608 of the Clean Air Act of 1990 (CAA), as amended, including final regulations published on, May 14, 1993 (58 FR 28660) August 19, 1994 (59 FR 42950) , November 9, 1994 (59 FR 55912) , and July 24, 2003 (68 FR 43786). A copy of your current EPA Refrigerant Recovery or Recycling Device Acquisition Certification Form is required at bid opening

Note: The CFR may be viewed at http://www.gpoaccess.gov/cfr/index.html.

5) Licenses and Permits The Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Contract. A copy of your current business license is required at bid opening.

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquarter is necessary, however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to the Department of Rehabilitation a copy of your business license or Certificate of Status, if incorporated, showing that your company is in good standing in that state. A copy of your current incorporation/letter from Secretary of State's Office is required at bid opening.

In addition for corporations and limited liability companies, state agencies are required to verify with the California Secretary of State (SOS) office to confirm the Contractor/vendor is authorized to carry out business in California. You may view the lists and status at http://kepler.sos.ca.gov/

In the event any license(s) and/or permit(s) expire at any time during the term of this Contract; Contractor agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Contract upon occurrence of such event.

4) Insurance See Exhibit D for Basic Insurance Requirements for both the State of California. Proof of current insurance certificate with limits stated in Exhibit D for Commercial Liability, Automobile Liability, and Workers' Compensation is required at bid opening.

5) Prohibition on Tax Delinquency Any Agreement that a state agency enters into after July 1, 2012, is void if the contract is between a state agency and 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. (Public Contract Code Section 10295.4). In accordance with Public Contract Code Section 10295.4, agencies are required to cancel Agreements with entities that appear on either list.

(Franchise Tax Board) https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml, (Board of Equalization) http://www.boe.ca.gov/cgi-bin/deliq.cgi

6) Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion:

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

C) BID REQUIREMENTS AND INFORMATION

1) Key Action Dates

EVENT DATE

* This Agreement is subject to the State's option to renew for an additional (1) one-year period under the same terms and conditions. The amount of this contract is $30,000.00 for each fiscal year.

If a Contract is awarded, it will be awarded to the lowest responsive responsible Bidder. The DOR reserves the right to reject all bids.

2) Questions Regarding the IFB Any questions regarding this IFB must be submitted in writing, via email to the contract analyst listed on page 1. All questions and answers will be added to the IFB on the Cal eProcure website. It is the responsibility of the Bidder to check the Cal eProcure website at https://caleprocure.ca.gov/pages/index.aspx when inquiring about an addendum, questions, answers, and any other posts related to this IFB.

3) Submission of Proposal

a) All bids must be submitted under sealed cover and sent to the DOR by US Postal Service Deliveries or Hand Delivered (i.e. UPS, Express Mail, Federal Express) by the dates and times shown in Section C, Bid Requirements and Information, Item 1) Key Action Dates, (above). The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

Bid #C15-29817 Refrigeration Service and Repair (San Francisco, Alameda, Contra Costa and Marin Counties) Department of Rehabilitation Contracts and Procurement Section Attn: Shari Cooley, Contract Analyst 721 Capitol Mall, 6thFloor Sacramento, California 95814

DO NOT OPEN

Bid Opening Date: March 15, 2016 at 2:00 p.m.

b) Bids not submitted under sealed cover may be rejected.

c) All bids shall include the documents identified in Section E, 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 and may be rejected.

d) 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.

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

f) Costs incurred for developing bids and in anticipation of award of this Agreement are entirely the responsibility of the Bidder and shall not be charged to the State of California.

All documents requiring a signature must bear an original signature of a person authorized to bind the Bidder Contractually. The signature should indicate the title or position that the individual holds in the firm. That person shall sign the Bid/Bidder Certification Sheet. An unsigned Bid/Bidder Certification Sheet may be rejected.

g) 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.

h) A Bidder may withdraw its bid by submitting a written withdrawal request to the State, via hand delivery, US Mail, FedEx, or UPS, 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.

i) The State 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.

j) The State reserves the right to reject all bids. The agency is not required to award an Agreement.

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

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

m) The State does not accept alternate Contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC 610) are not negotiable.

n) No oral understanding or Agreement shall be binding on either party.

4) Evaluation and Selection

a) At the time of bid opening, each bid will be checked for the presence of the required information in conformance with the submission requirements of this IFB.

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

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

d) Unanticipated Tasks In the event that additional services must be performed which was wholly unanticipated and is not specified in the written Scope of Work, but which in the opinion of both parties is necessary to the successful accomplishment of the general scope of work outlined, an amendment to this Agreement is required for additional money and/or time.

b) Upon written request by any Bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding this Agreement.

c) If any Bidder, prior to the award of an Agreement, files a written protest during the five (5) day protest period with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605 and the DOR on the grounds that the (protesting) Bidder is the lowest responsive responsible Bidder, this Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

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

e) Upon resolution of the protest and award of this Agreement, Contractor must have sign and submitted to the DOR, page one (1) of the Contractor Certification Clauses (CCC-307), which can be found on the Internet at www.dgs.ca.gov/contracts. This document is only required if the Contractor has not submitted this form to the DOR within the last three (3) years.

b) Bid packages may be returned only at the Bidder's expense, unless such expense is waived by the awarding agency.

7) Agreement Execution and Performance

a) Performance shall start on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and this Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate this 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 this Agreement shall be completed on or before the termination date of this Agreement.

c) The resulting Contract will be of no force or effect until it is signed by both parties and approved by the Department of General Services, if required. The Contractor is hereby advised not to commence performance until all approvals have been obtained. Should performance commence before all approvals are obtained, said services may be considered to have been volunteered if all approvals cannot be obtained.

D) PREFERENCE/SOCIAL ECONOMIC PROGRAMS

Pursuant to Executive Order S-02-06 and Military & Veterans Code Section 999.2, each department shall have an annual statewide participation goal in state contracting of not less than 25 percent for certified Small Business (SB) and not less than 3 percent for certified Disabled Veteran Business Enterprise (DVBE).

These goals were established to enhance and encourage competition by creating an optimum environment that affords all businesses equal access to State Contracting opportunities. The DOR will make every effort to seek out certified SB and DVBE for this solicitation.

Questions regarding Small/Micro Business or the Disabled Veteran Business Enterprise Program may be directed to:

Shaironda Morris, Small Business/Disabled Veteran Business Enterprise Program Advocate Department of Rehabilitation Contracts and Procurement Section 721 Capitol Mall, 6th Floor Sacramento, California 95814

(916) 558-5699

E) REQUIRED ATTACHMENTS

SEE ATTACHMENT 9 - SMALL BUSINESS CERTIFICATION

SEE ATTACHMENT 10 - DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

Refer to the following pages for additional Required Attachments that are a part of this Agreement.

ATTACHMENT 1 - REQUIRED ATTACHMENT CHECK LIST

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

Attachment Attachment Name/Description

___ __ Attachment 1 Required Attachment Check List

___ __ Attachment 2 Bid/Bidder Certification Sheet

___ __ Attachment 3 Darfur Contracting Act Certification Form

___ __ Attachment 4 Payee Data Record (Std.204)

___ __ Attachment 5 Contractor Certification Clause (CCC-307)

___ __ Attachment 6 Proof of Current Business License(s) or Business Tax Certificate

___ __ Attachment 7 Secretary of State’s incorporation letter or letter of good standing in the respective State

___ __ Attachment 8 Proof of Current Insurance Certificate(s): Commercial General Liability, Automobile Liability and Workers’ Compensation, each with a limit of liability of $1,000,000.00 (one million dollars) $2,000,000 aggregate and/or Workers’ Compensation Waiver Letter. (See Exhibit D for Insurance Requirements that will be required at time of award)

|_| Section B - DOR BIDDER CERTIFICATION OF DVBE PARTICIPATION

___ __ Attachment 11 |_| Section C BIDDER DECLARATION - GSPD–05–105 (Must be signed at the bottom of document).

|_| Environmental Protection Agency Certification |_| Recovery and Recycling Equipment

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

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

1. Our bid is submitted as____________ PER hour.

1. Upon Contract award, for cost reimbursements of parts/materials under $100, the Contractor must submit a common parts price list or the Contractor will be required to submit original receipt(s). For cost reimbursement of parts/materials $100 or more, original receipt(s) will be required.

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

1. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals, if applicable.

1. 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

3. Address 3a. Email

Indicate your organization type:

Indicate the applicable employee and/or corporation number:

9. Indicate applicable license and/or certification information:

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

a. California Small Business Yes |_| No |_| If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes |_| No |_| If yes, enter your service code below:

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

Completion Instructions for Bid/Bidder Certification Sheet

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

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

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

Check if your firm is a partnership. A partnership is a voluntary Agreement between two 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 OSBCR.

ATTACHMENT 3 - DARFUR CONTRACTING ACT CERTIFICATION FORM

NOTE: YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH # 1 OR # 2 INITIALED OR

PARAGRAPH # 3 INITIALED AND CERTIFIED.

Darfur Contracting Act of 2008 (Act) was passed and signed into law to preclude State agencies generally from Contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part). (Public Contract Code Sections 10475-10481, et seq.; Stats. 2008, Ch. 272).

Pursuant to Public Contract Code Section 10478, if a Bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code Section 10476.

You must initial only one of the following three paragraphs below as applicable. Complete certification and sign if initialed Paragraph # 3:

OR

OR

CERTIFICATION For # 3.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/Bidder to the clause listed above in # 3. This certification is made under the laws of the State of California.

Proposer/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

ATTACHMENT 4 -STD 204 PAYEE DATA RECORD

ATTACHMENT 5 CCC-307- CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State Agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the Contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any Contract period of less than a full year or 10% of its Contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state Contract for legal services, and may be taken into account when determining the award of future Contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to Contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors Contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works Contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the Contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The Contractor agrees to cooperate fully in providing reasonable access to the Contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the Contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For Contracts over $100,000 executed or amended after January 1, 2007, the Contractor certifies that Contractor is in compliance with Public Contract Code Section 10295.3.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2). No officer or employee shall Contract on his or her own behalf as an independent Contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a Contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Contract while employed in any capacity by any state agency.

2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a Contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed Contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this Section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When Agreements are to be performed in the state by corporations, the Contracting agencies will be verifying that the Contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an Agreement, authorizing execution of the Agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Contractors that are not another state agency or other governmental entity.

S:\ADMIN\HOMEPAGE\CCC\CCC-307.doc

ATTACHMENT 9

DEPARTMENT OF GENERAL SERVICES CERTIFIED SMALL BUSINESS PARTICIPATION INFORMATION

BIDDER TO READ IF APPLYING FOR SMALL BUSINESS PREFERENCE

SMALL BUSINESS PREFERENCE

The Small business preference provides certified small businesses and micro-businesses a calculation preference in the amount of five percent (5%) of the lowest, responsible bid submitted by a Bidder who is not a certified small business. The small business preference is used as a calculation to determine the lowest Bidder and does not affect the actual price bid.

The awarding department will grant small business a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

a) Includes in its bid a notification to the awarding department that it is a small business or that it has submitted to the DGS OSDS a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department of general Services as a small business; and

b) Submits a timely, responsive bide; and

c) Has been determined to be a responsible Bidder.

Bidders having pending Small Business or DVBE Certification applications under review by the Department of General Services concurrent with the bid time frame should contact DGS/OSDS to request an expedite review/approval of their application in order to be considered for the small business preference during the evaluation of this bid. Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process.

Bidders must notify the Department in writing at the time of bid submission that they have an application for Small Business or DVBE certification under review at the DGS Office of Small and Disabled Veteran Business Certification, and they wish to be considered for the Small Business Preference Calculation.

NON-SMALL BUSINESS PREFERENCE

Non-Small Business Bidders will be granted a five percent (5%) non-small business preference on a bid evaluation when a responsible non-small business has agreed to subcontract at least 25 percent of their bid price with a California certified Small Business and if the non-small business Bidder's bid is not the low price bid, or when a proposal has been ranked as the highest scored bid pursuant to the evaluation of the solicitation.

Responding Bidders must:

a) Include in its bid a notification to the awarding department that it commits to subcontract at least twenty -five percent (25%) of its net bid price with one or more California certified small business(s),

b) Submit a timely bid as specified in the bid document,

c) Be determined to be a responsive, responsible Bidder and,

d) Identify the California certified small business(s) it commits to subcontract with. The Bidder shall list certified SB subcontractors and include their name, address, phone number, a description of the work performed, and the percentage (as specified in the solicitation) per subcontractor.

CALCULATING NON-SMALL BUSINESS PREFERENCE

The non-small business calculation preference five percent (5%) is used for bid evaluation purposes only. Awards made as a result of the NSB preferences shall be awarded at the Bidder's original bid price. The preference shall be computed as follows:

(subcontracting 25% to a certified small business) Calculation Preference: $125,000 x .05 = $6,250

Award is made to Bidder B as the low Bidder at the bid price of $131,000.

TIES BETWEEN CERTIFIED SMALL BUSINESS AND DVBE BUSINESSES

In the event of a precise tie between the bid of a small business and the bid of a disabled veteran enterprise that is also a small business, the award shall go to the disabled veteran that is also a small business.

MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the small business or non-small business subcontractor preferences awarded on a single bid exceed $50,000, and in no event shall the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. The five percent (5%) calculation preference is used for computation purposes only and does not alter or affect the actual bid price or the amount of the executed Contract. When a certified small business is the lowest responsive, responsible Bidder, then there is no need to compute the small business preference as the small business is the low Bidder

COMMERCIALLY USEFUL FUNCTION (Government code 14837) A certified small business, micro-business Contractor, subcontractor or supplier, must meet commercially useful function requirements under Government Code Section 14837(d) (4). Selected firms must perform a "commercially useful function" relevant to this Contract.

The term "small business Contractor, subcontractor supplier" means any person or entity that satisfies the ownership (or management) and control requirements in accordance with Government Code Section 14847 (d) (4) and provides services or goods that contribute to the fulfillment of the Contract requirements by performing a commercially useful function. A person or an entity is deemed to perform a "commercially useful function' if that 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 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, subcontractors, or supplier’s role is limited to that of an extra participant in order to obtain the appearance of disabled veteran business participation.

BIDDER CUF REQUIREMENTS

The Department has determined to the best of its ability that your firm meets the criteria above for “commercially useful function". In responding to this solicitation, you are confirming that, under California Code of Regulations 1896.1 above, your business provides goods and or services meet the definition of "commercially useful function". All Bidders are required to provide CUF documentation using the attached State's Bidder Declaration Form GSPD-05-105, attachment included in the solicitation document. When completing the declaration, Bidders must identify all subcontractors proposed for participation in the Contract. Any Bidder awarded a Contract is contractually obligated to use the subcontractor for the corresponding work defined unless the State agrees to a substitution.

PENDING SMALL BUSINESS CERTIFICATION

If your firm is seeking small business certification in order to be considered for small business preference related to this solicitation, you must have : 1) notified Department of General Services, Office of Small Business and DVBE Services (OSDS) that you are responding to a solicitation and are seeking an Expedite Review of your small business certification application in relation to the solicitation; 2) provided DGS OSDS with the bid key action dates page from the bid itself, and, 3) must have submitted a complete application with all required forms and documentation to OSDS for review and approval by close of business of the Bid submittal due date.

Notify the Department if, at the time of bid submission, your firm has a pending small business application with the Department of General Services, OSDS. The Department will verify your certification is pending or has been approved.

SMALL BUSINESS NONPROFIT VETERAN SERVICE AGENCIES (SB/NVSA)

SB/NVSA prime Bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference.

ATTACHMENT 10

BIDDER TO READ IF APPLYING FOR DVBE INCENTIVE PREFERENCES

CALIFORNIA DISABLED VETERANS BUSINESS ENTERPRISE (DVBE) PROGRAM

BIDDERS ARE ADVISED TO READ THE INFORMATION AND INSTRUCTIONS CAREFULLY BEFORE SUBMITTING A BID PACKAGE

AUTHORITY: The Disabled Veteran Business Enterprise (DVBE) Goal Program is established in Public Contract Code Section 10115 et seq., Military and Veterans Code 999 et seq. and California Code of Regulations Title 2, Section 1896.6 et seq. In accordance with Military and Veterans Code Section 999.5(a) an incentive will be given to Bidders who include DVBE participation in their bid response.

The Department of Rehabilitation (DOR) has waived this requirement for Bidders to meet DVBE participation requirements as a condition of their bid response.

However, in an effort to continuously promote and offer DVBE opportunities, the DOR includes the DVBE incentive in all IFB and RFP solicitations whether exempt or not.

DVBE INCENTIVE

The "DVBE Incentive" provides opportunity for a responsive and responsible Bidder to receive additional incentive calculations if they do include DVBE participation. This incentive is applied at the time of bid evaluation when a Bidder selects a California-certified DVBE subcontractor to provide services or commodities in support of the overall Contract scope. Application of the DVBE Incentive may place the Bidder to receive an advantage for possible Contract award. Resulting Contract award is offered at the Bidder’s original bid or proposal price.

The incentive amount applied is equal to the participation level identified by the Bidder in the DOR Bidder Certification of DVBE Participation and will not be less than 1 percent and will not exceed 5 percent. Those firms identifying less than one percent will not be considered for the incentive application and firms proposing more than 5 percent shall have the incentive capped at 5 percent. The incentive amount for awards based on low price will vary in conjunction with the proposed DVBE participation. Unless a table that replaces the following has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price:

DVBE INCENTIVE APPLICATION:

· For the purposes of this solicitation, DVBE Incentive participation is optional and at the discretion of the Bidder.

· The Incentive is applied during the evaluation process and is only applied to responsive bids from responsible Bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation.

· When requesting the Incentive, Bidder must complete the attached DOR Documentation of DVBE Program Requirements and Bidder Certification of DVBE Participation. These forms must be included with the bid submittal.

· The DVBE Incentive is applied by factoring the Bidder’s stated level of DVBE commitment by the lowest Bidder’s bid amount and subtracting the amount from the Bidder’s total. Computation is for evaluation purposes only and does not alter the final bid price. (California Code of Regulations, Title 2 § 1896.100 (b).

· Application of the Incentive cannot displace the low bid of a certified-small business with that of a non-small business.

· Services or commodities provided by the DVBE firm must meet the definition of a “Commercially Useful Function” (CUF) as defined under Government Code Sections: 14837, 14838.6, 14839, 14842, and 14842.5 and Military and Veterans Code Sections 999 and 999.6. Failure of the DVBE subcontractor to meet CUF requirements will render the bidding firm ineligible for the DVBE Incentive application.

For evaluation purposes only, the State shall apply an incentive to bids that propose California-certified DVBE participation identified on DOR Form, page 17, California DVBE Program Requirements and page 19, DOR Bidder Certification DVBE Participation and is subsequently confirmed by the State.

Confirmed DVBE Participation:

DVBE Participation Level

Incentive Applied

As applicable:

· Awards based on low price: the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of the DVBE incentive as applied to the lowest responsive net bid. If the #1 ranked responsive, responsible bid is from a California certified Small Business, the only Bidders eligible for the incentive will be California certified Small Businesses. The incentive adjustment for awards based on low price cannot exceed 5 percent or $100,000, whichever is less, of the #1 ranked net bid. When used in combination with a preference adjustment (SB/TACPA/EZA/LAMBRA), the cumulative adjustment amount is not to exceed $100,000.

· Awards based on highest score: the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.

DOR- DVBE INCENTIVE INFORMATION AND DOCUMENTATION

In order to receive a DVBE Incentive application, Bidders must complete and return Documentation of DVBE Program Requirements and Bidder Certification of DVBE Participation.