IFB__C16-29909.doc

Edmund G. Brown Jr., Governor

State of California Health and Human Services Agency

Department of Rehabilitation

721 Capitol Mall

Sacramento, CA 95814

May 13, 2016

INVITATION FOR BID

IFB #C16-29909

Real Time and Remote Captioning Service Notice to Prospective Bidders

You are invited to review and respond to this Invitation for Bid (IFB), #C16-29909, Real Time and Remote Captioning Services for the Department of Rehabilitation (DOR), Central Office and Field Office staff, statewide locations. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet 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, questions regarding this IFB must be submitted in writing, via email to the contract Analyst listed below. Answers to all questions will be posted on the Department of General Services website https://caleprocure.ca.gov/pages/index.aspx . If you should need any clarifying information, the contact person for this IFB is:

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.

A) Purpose and Description of Services

The Contractor will provide certified Real Time Captioning (RTC) and/or Remote Captioning Services, on an as-needed basis, to meet the needs of the employees of the Department of Rehabilitation (DOR) Statewide. See Exhibit A.1, “Scope of Work” for a detailed description of services.

The anticipated budget is approximately $45,000 per year.

B) Bidder Minimum Qualifications

1) License(s) and Permit(s) Required at Bid Opening The Contractor shall be an individual or firm licensed to conduct business in California and shall obtain, at his or her own expense, licenses and permits required by law for accomplishing any work required in connection with this Contract.

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is required. All businesses based in unincorporated areas are required to submit signed proof of “exempted” business license status from the city or county, if applicable. Note: If you are a corporation located within the State of California, the Contractor shall submit a copy of the incorporation document or a letter from the Secretary of States Office.

If you are a Contractor located outside the State of California, you will need to submit a copy of your business license or incorporation documents from your respective State showing that your company is in good standing.

C) Bid Requirements and Information:

1) Key Action Dates Event Date IFB available to prospective bidders May 13, 2016

Final Date for Bid Submission May 31, 2016 by 2:00 p.m.

Bid Opening May 31, 2016 at 2:00 p.m.

Proposed Notice of Intent to Award June 1, 2016 Proposed Protest Period June 2, 2016 through June 8, 2016

Proposed Award Date June 9, 2016 Proposed Contract Period* July 1, 2016 through June 30, 2017 *The term of this Agreement is for one (1) year with the State's option to renew for two (2) additional one (1) year periods under the same terms and conditions.

If this Contract is awarded, it will be to the lowest responsive and responsible bidder. The Department of Rehabilitation reserves the right to reject all bids.

2) Submission of Bid All bids must be submitted under sealed cover and sent to the Department of Rehabilitation by US Postal Service Deliveries or Hand Delivered (i.e. UPS, Express Mail, Federal Express) by dates and times shown in the Bid Requirements and Information listed 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:

IFB #C16-29909

Bid Opening May 31, 2016 @ 2:00 p.m.

Real Time Captioning and Remote Captioning

Department of Rehabilitation

Contracts and Procurement Section

Shari Cooley, Contract Analyst

721 Capitol Mall, 6th Floor

Sacramento, CA 95814

*********DO NOT OPEN*********

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

b) All bids shall include the documents identified in the Required Attachment Check List. 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.

c) All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

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 the agreement.

f) 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 the State of California.

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

h) 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.

i) A bidder may withdraw its bid by submitting a written withdrawal request to the State, 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.

j) The awarding agency 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.

k) The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

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

m) 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 the agreement amount will be made due to a lack of careful examination of work sites and specifications.

n) 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) are not negotiable.

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

3) Evaluation and Selection a) At the time of bid opening, each bid will be checked for the presence or absence of 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) Award if made, will be to the lowest responsive responsible bidder.

4) Award and Protest a) 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 telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

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 the agreement.

c) If any bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the (insert name of awarding agency) on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the 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 awarding agency 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 awarding agency. It is suggested that you submit any protest by certified or registered mail.

e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at www.osp.dgs.ca.gov under the heading FORMS MANAGEMENT CENTER. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

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

5) 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 (Government Code Section 6250 et seq.) and subject to review by the public.

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

6) 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 the 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 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.

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 PROGRAMS/SOCIAL ECONOMIC PROGRAMS

1) This IFB waives the DVBE requirement.

2) Small Business Program The Small Business Procurement and contract act (Gov. Code Section 14835 et. seq.) requires that a fair share of the State's purchase and contracts for goods, information technology services and construction be placed with a certified small business or micro-business. The Act mandates that state agencies:

a) Establish participation goals,

b) Provide a 5% small business calculation preference, and

c) Provide the opportunity for bidders to receive a 5% non-small business calculation preference when achieving 25% small business participation through subcontracted efforts.

3) 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.

4) Non-Small Business Preference Non-Small Business bidders will be granted a five (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.

5) 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.

SAMPLE. The preference shall be computed as follows:

Bidder A, Low bid, not a certified small business:

$125,000

Bidder B, non-small business

$131,000

(subcontracting 25% to a certified small business)

Calculation Preference:

$125,000 x .05 = $6,250

Bidder B

Subtract calculated preference

- 6,250

Adjusted Bid for Bidder B

$124,750

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

6) How to Become Certified:

To claim the Small/Micro business preference, which may not exceed $50,000 for any proposal, your firm must have a completed application (including proof of annual receipts) on file with the DGS-Procurement Division, Office of Small Business and DVBE Certification (OSDC), by 5:00 p.m. on the date proposals are opened, and receipt verified by such office. Therefore, if you are a Small/Micro business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDC by telephone at (916) 375-4940 or access the OSDC Internet website at http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

Questions regarding Small Business/DVBE Program may be directed to:

Department of Rehabilitation Contracts & Procurement Section

Shaironda Morris, Small Business/DVBE Program Advocate

721 Capitol Mall, 6th Floor

Sacramento, CA 95814

(916) 558-5699 srmorris@dor.ca.gov

7) 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.

8) 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 $1000,000. 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.

9) 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.

10) 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 CCR1896.1 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-05-106, 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.

11) 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 DGS, 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.

Questions regarding Small Business/DVBE Program may be directed to:

Shaironda Morris, Small Business/DVBE Program Advocate

Department of Rehabilitation 721 Capitol Mall, 6th Floor Sacramento, CA 95814

(916) 558-5699 srmorris@dor.ca.gov

ATTACHMENT 1

IFB #C16-29909

REAL TIME CAPTIONING AND REMOTE CAPTIONING

REQUIRED ATTACHMENT CHECK LIST

A complete bid or bid package will consist of the items identified below. Place a check mark or “X” next to each item that you are submitting with your bid to the Department of Rehabilitation.

FOR YOUR BID TO BE RESPONSIVE, ALL APPLICABLE ITEMS MUST BE RETURNED WITH YOUR BID.

Name/Description

______ ATTACHMENT 1

Required Attachment Check List

______ ATTACHMENT 2

Bid/Bidder Certification Sheet

ATTACHMENT 3

Cost Rate Sheet

ATTACHMENT 4

Contracting Certification Clause (CCC-307)

ATTACHMENT 5

Payee Data Record (STD 204)

______ ATTACHMENT 6

Darfur Contracting Act Certification Form

______ REQUIREMENT

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)

______ REQUIREMENT

Proof of Current Business License(s) or Secretary of State’s incorporation document/letter. (See Exhibit D)

If you are a Contractor located outside the State of California, you will need to submit a copy of your business license or incorporation documents from your perspective State showing that your company is in good standing.

______ OPTIONAL

Responses to the Commercially Useful Function requirement. (If applicable)

______ ATTACHMENT 9

Small Business Participation Requirements (If applicable)

DGS approved Small Business Certification

______ ATTACHMENT 10

GSPD-05-105 (Must be signed at the bottom of document).

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

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

ONLY RETURN THE REQUIRED DOCUMENTS FROM ATTACHMENT 1 WITH YOUR BID

A. Our bid is submitted as detailed in Attachment 3, Bid/Bidder Cost Rate 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

3. Address

Indicate your organization type:

4. FORMCHECKBOX

Sole Proprietorship

5. FORMCHECKBOX

Partnership

6. FORMCHECKBOX

Corporation

Indicate the applicable employee and/or corporation number:

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print)

11. Title

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

a. California Small Business

Yes FORMCHECKBOX No FORMCHECKBOX

If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes FORMCHECKBOX No FORMCHECKBOX

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.

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

IFB #C16-29909

REAL TIME AND REMOTE CAPTIONING

BID/BIDDER COST RATE SHEET

This Bid/Bidder Certification Sheet must be signed with original signatures and returned along with all the "required attachments" as an entire package.

Contractor shall provide bid prices as listed below:

1.) Standard Rate $ per hour 2.) Emergency Rate $

3.)

Overtime Rate $

Airfare, motel, mileage, parking and toll fees will be reimbursed, with original receipts, at CalHR allowable rates. http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Travel time and per diem will not be reimbursed.

All required attachments are included with this certification sheet.

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.

Company Name _______________________________________________________________

Signature _____________________________________________ Date__________________

Print Name ____________________________________________ An Unsigned Bid/Bidder Cost Rate Sheet May Be Cause for Rejection

ATTACHMENT 4

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)

F 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 5

ATTACHMENT 6

DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

By (Authorized Signature)

Printed Name and Title of Person Signing

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Initials of Submitter

Printed Name and Title of Person Initialing

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 (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:

Bidder A, Low bid, not a certified small business:

$125,000

Bidder B, non-small business

(subcontracting 25% to a certified small business)

Calculation Preference:

$125,000 x .05 = $6,250

Bidder B

Subtract calculated preference

- 6,250

Adjusted Bid for Bidder B $124,750

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 $1,000,000. 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 CCR1896.1 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 DGS, 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

Section C BIDDER DECLARATION - GSPD–05–105

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):

a. Identify current California certification(s) (MB, SB, SB/NVSA, DVBE): ____________ or None ____ (If “None”, go to Item #2)

b. Will subcontractors be used for this contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary.

c. If you are a California certified DVBE:

(1) Are you a broker or agent? Yes ___ No ___

(2) If the contract includes equipment rental, does your company own at least 51% of the…