IFB_C5611935-D_Medical_Gas_Installation___Repair_Sys.pdf

Invitation for Bid Bid No. C5611935-D

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION

INVITATION FOR BID

BID NO. C5611935-D

Date: November 29, 2023

The California Department of Corrections and Rehabilitation (CDCR), Inmate/Ward Labor (IWL) Program, hereafter referred to as the State, is inviting responses to this Invitation For Bid (IFB) entitled Medical Gas System Installation and Repair, located at California Men’s Colony (CMC), Hwy 1 North, San Luis Obispo, CA 93409.

In accordance with the California Government Code and Americans with Disabilities Act, this IFB is available in a text-only format on a compact disc as a disability-related reasonable accommodation.

To discuss how to receive a copy of this IFB in the specified format or to request a different format, please contact the person identified below.

This IFB package contains the following documents (except as otherwise indicated). Please note that you must comply with the requirements contained in all of these documents.

Notice to Prospective Bidders

Bidder Acknowledgment/Certification (OBS 300)

Bid Submittal Checklist

Sample Standard Agreement (STD 213)

Scope of Work (Exhibit A)

Specifications (Exhibit A-1) This document is attached as a separate PDF with this bid package and is included for reference only.

Plan Sheets (Exhibit A-2)

This document is attached as a separate PDF with this bid package and is included for reference only.

Budget Details and Payment Provisions for IWL & FPCM Contracts (Exhibit B)

Public Works Rate Sheet (Exhibit B-1)

Invitation for Bid Bid No. C5611935-D

General Terms and Conditions (Exhibit C) This document is incorporated in this bid package by reference only and is available on the Internet at http://www.documents.dgs.ca.gov/ols/GTC-610.doc.

If you do not have Internet access, you may request a hard copy of Exhibit C by contacting the contract analyst listed below.

Special Terms and Conditions for Public Works (Exhibit D)

CDCR 2301 PREA Policy Information for Volunteers and Contractors (Exhibit E)

Standard Contractor Certification Clauses (CCC 04/2017)

Non-Collusion Affidavit (CDCR 1240)

CDCR Additional Certification Clauses (OBS 1200)

Payee Data Record (STD 204)

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

Non-Small Business Preference Request and Subcontractor Acknowledgement

(OBS 555)

California Civil Rights Laws Certification (OBS 1510)

Bidder Declaration (GSPD-05-105)

Sample Certificate of Insurance

California DVBE Bid Incentive Instructions – Selecting Incentive Option

Payment Bond - Sample (Std.807)

Performance Bond - Sample

It is the opinion of the State that this IFB is complete and without need of explanation. However, if any documents are missing, or if you have any questions regarding this IFB, immediately contact the person identified below.

Kathy Reyna, Contract Analyst Katherine.reyna@cdcr.ca.gov

(279) 210-3776 California Relay Service 1-800-735-2929

Notice to Prospective Bidders Bid No. C5611935-D

THE STATE OF CALIFORNIA

Department of Corrections and Rehabilitation

NOTICE TO PROSPECTIVE BIDDERS

MEDICAL GAS SYSTEM INSTALLATION AND REPAIR

Bid No. C5611935-D

I. PROJECTED TIMETABLE

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

IFB Available to Prospective Bidders November 29, 2023

Notification of Intent to Participate 1:00 p.m. on December 28, 2023 in Bidders’ Mandatory Walk-Through

Mandatory Walk-Through 10:00 a.m. on January 25, 2024 (additional information provided below)

Letters of Inquiry 3:00 p.m. on January 31, 2024

Submission of Bid 10:00 A.M. February 20, 2024

Bid Opening 10:30 A.M. February 20, 2024

Anticipated Date for Commencement of Services Upon Approval

Termination of Agreement 365 Calendar Days from Notice To Proceed

II. FUNDING

The State’s estimate for this Agreement is $200,00.00.

III. BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

IV. PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.

(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and

Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.

(b) This section shall apply to any contract executed on or after July 1, 2012.

V. BIDDER RESPONSIBILITIES & THE BID PACKAGE

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

Bidder shall provide rate(s) on Public Works Rate Sheet (Exhibit B-1) . Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

1. Any quantities listed on Exhibit B-1 are CDCR’s estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per

Service) and Item Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

3. The amount of the total bid will be rounded up to the nearest whole dollar when the Agreement documents resulting from this bid are prepared.

All required documents listed in the Bid Submittal Checklist must be included within the sealed bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, an original, signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in ink by the bidder.

Failure to submit required documentation may result in the rejection of your bid.

VI. BID SUBMITTAL

Sealed bids must be received no later than the time and date specified in the Projected Timetable (Section I of these instructions) at the designated address stated below.

MAIL DELIVERY,

or

OVERNIGHT MAIL:

California Department of Corrections and Rehabilitation Office of Business Services, Contracts Management Branch Attention: Kathy Reyna 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

Any bid received at the above address after the Submission of Bid date and time specified in the Projected Timetable, Section I, will NOT be considered. It is the State's policy to make every effort to ensure that all bids have been received and properly time stamped;

however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB prior to the Public Bid Opening.

Bids that are not properly marked may be disregarded. All completed bids and required documents shall be packaged and submitted in a sealed envelope to the address specified in the section entitled “Bid Submission Requirements”. The sealed envelope must be clearly marked "BID FOR MEDICAL GAS INSTALLATION AND REPAIR BID NO.

C5611935-D, Attention: KATHY REYNA - DO NOT OPEN." Failure to do so may result in the premature opening of, or failure to open, your bid.

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

A bidder may modify a bid after its submission by withdrawing the original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

A bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

All documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

VII. LETTERS OF INQUIRY

The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders.

Prior to the Mandatory Bidders’ Walk-Through, it is requested that any inquiries related to the specifics of the IFB and/or DVBE requirements, if applicable, be submitted in writing to allow CDCR time to research and prepare a response. Bidders will still, however, have the opportunity to ask questions at the Mandatory Bidders’ Walk-Through. Submit your letter of inquiry by the date and time specified in Section I. Projected Timetable directly to Kathy Reyna, Contracts Management Branch, by email:

E-mail: Katherine.reyna@cdcr.ca.gov

Inquiries received after this date will only be addressed at CDCR’s discretion.

VIII. BIDDERS’ MANDATORY WALK-THROUGH

Notification of Intent to Participate in Mandatory Bidders' Walk-Through

Bidders and/or their representative(s) planning to attend the Mandatory Bidders’ Walk- Through held on institution grounds must provide their driver's license or DMV identification card number, date of birth, and complete name to secure a Gate Clearance for admittance. Please contact Stafon Jones @ Stafon.Jones@cdcr.ca.gov or

(805) 547-7900 Ext. 7831 OR Patricia Olmos @ Patricia.Olmos@cdcr.ca.gov or

(805) 547-7900 Ext. 7831 by the date specified in the Projected Timetable to arrange for your participation in the Mandatory Bidders’ Walk Through.

Any interested bidder or bidder’s representative who requires reasonable accommodation to participate in the Mandatory Bidders’ Walk-Through must contact the contract analyst identified in this package two (2) weeks before the scheduled Mandatory Bidders’ Walk- Through to identify what reasonable accommodation(s) is required.

At the time of attendance at the Mandatory Bidders’ Walk Through, bidders and/or their representatives will be required to bring their driver’s license or state DMV identification card to be admitted onto institution grounds.

NOTE: Bidders and/or their representatives will not be admitted onto institution grounds unless professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse clothing and/or yellow rainwear shall not be worn onto institution grounds. Contractors should contact the institution regarding clothing restrictions before any planned visit(s) to the institution to ensure the Contractor and/or their representatives are in compliance.

Additionally, electronic and communication devices such as pagers, cell phones, cameras/micro-cameras, and/or sound recording devices are not permitted on institution grounds and must be left in the bidder’s and/or their representative’s locked vehicle.

Mandatory Bidders' Walk-Through

NOTE: PARTICIPATION IN THE WALK-THROUGH IS MANDATORY. ANY BIDDER

INTENDING TO SUBMIT A BID MUST EITHER ATTEND OR SEND A

REPRESENTATIVE TO THE WALK-THROUGH. FAILURE TO ATTEND OR PROVIDE

REPRESENTATION WILL RESULT IN THE BIDDER'S ELIMINATION FROM THE

BIDDING PROCESS.

The Mandatory Bidders' Walk-Through will be held at California Men’s Colony (CMC), Hwy 1 North, San Luis Obispo, CA 93409 on the date and time specified in the Projected Timetable-Section I. The purpose of this walk-through is to provide bidders an opportunity to examine the work site before bidding in order to have full knowledge of the area(s) and/or specific equipment affecting the work that may not be specifically described herein.

Specific questions during the walk-through should be limited to the work site. Actual questions regarding the Scope of Work and/or Terms and Conditions of the IFB should be directed to the contact person identified in the cover letter of this IFB.

IX. COVID-19 REQUIREMENTS

Public Bid Openings are closed until further notice. Interested parties may submit a request for the results of the bid opening and should be requested by email to the assigned analyst.

All other requests for documents, such as copies of bids, will require a Public Records Request submitted to the Public Records Portal at https://californiacdcr.govqa.us/WEBAPP/_rs/. Please keep in mind that any such requests for documents may be delayed due to the current COVID-19 situation

X. PUBLIC BID OPENING

See Section above.

XI. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

XII. NONRESPONSIBLE BIDDER

Any Contractor who has been terminated from an Agreement by the State within the last two (2) fiscal years due to poor performance may be rejected on the basis of nonresponsibility.

XIII. BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

XIV. PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

The California Legislature has imposed a new registration requirement for contractors and subcontractors involved with public works projects. Senate Bill 854, passed in late June 2014, implemented a new registration program to fund the Department of Industrial Relations’ (DIR) monitoring and enforcement of prevailing wage laws.

Pursuant to Labor Code §1771.4, which imposes additional requirements when bidding and awarding public works contracts:

(1) This project is subject to compliance monitoring and enforcement by the DIR.

(2) The Department shall post or require the prime contractor to post job site notices, as prescribed by regulation.

(3) Each contractor and subcontractor shall furnish the records specified in Labor Code §1776 directly to the Labor Commissioner, in the following manner:

(A) At least monthly or more frequently if specified in the contract with the awarding body.

(B) In a format prescribed by the Labor Commissioner.

(4) The Department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements. Contractor shall cooperate with the Department by providing such information as the Department may request to ensure the Contractor’s compliance with this law.

(5) No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

(6) No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

(7) The contractor shall submit proof of registration with DIR to CDCR with bid proposal. The contractor shall be responsible to ensure all subcontractors are registered with DIR.

XV. AGREEMENT EXECUTION

The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required.

Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, B, B-1, D, and E. Exhibits A-1 and A-2 will be incorporated into the Agreement by reference only. These exhibits should be saved from the IFB and will not be provided after bidding.

This Agreement will not include a hard copy of the General Terms and Conditions for Private Contractors (Exhibit C), which is incorporated into the Agreement by reference only on the STD 213. Exhibit C may be downloaded from the Internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language and printed for your files.

An original, signed copy of all pages of the CCC must be submitted to CDCR. Failure to submit a signed CCC may result in rejection of your bid.

After award, the Standard Agreement will be forwarded to the Contractor for signature via DocuSign. Upon receipt, the Contractor must sign each Agreement with an original

DocuSign and return all Agreements with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreements and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation Board. When the Agreement is fully approved, a copy will be forwarded to you.

XVI. EXTENSION OF TERM

This Agreement may not be amended to extend the term except where necessary to complete performance of the original agreement and not to provide for additional services.

XVII. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

XVIII. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CDCR is committed to meeting and exceeding the 3 percent goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code 999. The DVBE Incentive Program applies to all contracting activities for services including public works, construction, services, leasing, materials testing, and other related contracts. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation.

This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form

(OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business- Enterprise#@ViewBag.JumpTo, Award Based on Low Price

The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five (5%) percent will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

XIX. SMALL BUSINESS PREFERENCE PROGRAM

Current law encourages state departments to first consider a Small Business (S/B) Enterprise / Microbusiness (M/B) Enterprise for contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to use certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California

2. The officers are domiciled in California

3. The business is independently owned and operated

4. The business, with any affiliates, is not dominant in its field of operation; and

a. For Small Business, either:

(1) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $14,000,000 or less over the previous three years, or

(2) The business is a manufacturer with 100 or fewer employees

b. For Micro Business, either:

(1) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $3,500,000 or less over the previous three years, or

(2) The business is a manufacturer with 25 or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise.

The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by 5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business- Enterprise#@ViewBag.JumpTo.

XX. NON-SMALL BUSINESS PREFERENCE REQUEST

Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS 555) with their bid proposal.

XXI. NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.

In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

XXII. IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05- 105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

XXIII. BIDDER PROVIDING FACILITY(IES)

Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

Enclosures

Bidder Acknowledgement/Certification (OBS 300) Bid No. C5611935-D California Department of Corrections and Rehabilitation (CDCR)

The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, all Terms and Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1 Rate Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:

FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership

[ ] Corporation (State in which incorporated _______) [ ] Other: ______________________

By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed) Preferences: Certification Number/Expiration Date DGS certified Small Business

DGS certified Micro Business

Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555

DGS certified Disabled Veteran Business Enterprise

DVBE Incentive requested by bidder (include the completed OBS 554 with bid) NVSA preference request TACPA Attach all applicable forms

Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

BID SUBMITTAL CHECKLIST

BID NUMBER C5611935-D

Use this checklist to ensure that the documents identified below are included in your company’s bid package.

Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid will consist of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Public Works Rate Sheet (Exhibit B-1)

_____ Original Signed Contractor Certification Clauses (CCC 04/2017)

_____ Public Works Additional Certification Clauses (OBS 1200)

_____ Non-Collusion Affidavit (CDCR 1240)

_____ Proof of registration with the Department of Industrial Relations

_____ Original signed Payee Data Record (STD 204)

_____ Copy of valid California city or county business license (if applicable) or, if a corporation is located within the State of California, incorporation documents or a letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which the business is headquartered.

_____ Copy of valid “A” General Engineering Contractor’s license Or “B” license with a subcontractor who possesses the required “A” license issued by the Contractors State License Board. Refer to Exhibit A, Scope of Work, Section 6. License Requirements

Or

_____ Prime Contractor is a qualified independent medical gas installer, provides a copy of valid certificate of completed examination with the National Fire Protection Association (NFPA 99), Standards American Society of Sanitary Engineering (ASSE) Standard 6010, and ASSE 640. Refer to Exhibit A, Scope of Work, Section 6. License Requirements

_____ Bidder Declaration (GSPD-05-105)

_____ California Civil Rights Laws Certification (CDCR 1510) if applicable

_____ DVBE Bid Incentive Request and Acknowledgement (OBS 554), if applicable

_____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555), if applicable

NOTE TO BIDDER: In addition to the above, the Provider shall furnish the following to CDCR upon award:

Payment & Performance Bonds (Refer to Exhibit D, Special Terms and Conditions For Public Works.)

Required Insurance and Workers Compensation (Refer to Exhibit D, Special Terms and Conditions For Public Works.)

2. The term of this Agreement is:

SAMPLE

Bid Number C5611935-D California Department of Corrections and Rehabilitation Exhibit A Scope of Work

CALIFORNIA MEN’S COLONY

INMATE/WARD LABOR PROGRAM

1. INTRODUCTION/SERVICES

The Contractor shall install, repair, and test the Medical Gas System and will be compensated for the services in accordance with the rates specified in Exhibit B-1, Public Works Rate Sheet. The Contractor shall include all labor, equipment, parts, devices, materials, tools, installation, supervision, inspection, training, licenses, permits, transportation, insurance, bonds, travel and per diem and any other expense necessary to provide services for the California Department of Corrections and Rehabilitation (CDCR) Inmate/Ward Labor (IWL) Program, California Men’s Colony (CMC), Hwy 1 North, San Luis Obispo, CA 93409.

2. CONTRACTOR RESPONSIBILITIES

The Contractor shall furnish all material, labor, and equipment necessary to install a fully functional Medical Gas System and repair the existing Medical Gas System.

Services shall include:

Tying into the new medical gas piping into the existing system in accordance with plans and specifications. The system is to include a seismic bracing and strapping.

Being responsible for all testing, plan review, acceptance, submittals and permits.

Being present for and perform all Acceptance and Testing of equipment and devices with the Office of the State Fire Marshal (OSFM).

Coordinating the routing of the medical gas piping and valve locations with the IWL Site

Supervisor or designee.

Providing all final as-built drawings to the IWL Site Supervisor or designee within sixty (60) days of the completion of the project.

Services shall be completed for the following phases:

Phase 1- Submittals/Jobsite Meetings, and Qualification Data Include strategies and step-by-step procedures.

Phase 2 - Repair of Existing Medical Gas System Connect new piping for Medical Oxygen and Medical Vacuum to existing system.

Phase 3 - Installation of Medical Gas System Connect new piping for Medical Oxygen, Medical Air, and Medical Vacuum to existing system and install new lines per plan.

Phase 4 - Set Finish

Install all items necessary to complete the entire Medical Gas System for use.

Phase 5 - Testing, Adjusting, Inspections, and Reports Per specifications, perform start-up of the system troubleshooting and rectifying issues.

All services shall be in accordance with the services described herein and with the plans and specifications attached hereto. In the event of a conflict between the Scope of Work (SOW) and plans and specifications, the SOW shall prevail.

3. CDCR RESPONSIBILITIES

IWL will:

Provide coordination between the Contractor, Institution, and other trades for work and system testing, as required.

Assist in coordinating gate clearances for the Contractor and the Contractor’s staff.

Escort the Contractor and staff to and from the job site location(s).

4. CONTRACTORS TOOLS AND EQUIPMENT

All tools and equipment are to be supplied by the Contractor. All tools and equipment will be accompanied by an inventory list provided by the Contractor. Inventory list and tools will be approved and inventoried by the IWL Correctional Officer or designee. The work area for this Contract will be on Institution grounds, but outside the perimeter fence, once on the Institution grounds all tools are to be secured in a lockable toolbox, supplied by the Contractor. When tools and equipment are onsite and not in use, the Contractor shall have the tools and equipment stored in the lockable toolbox. A Material Safety Data Sheet will need to be onsite for all equipment entering the Institution.

5. PHASES OF WORK/NOTICE TO PROCEED

The Contractor shall accomplish all work in five (5) phases as outlined below.

Phase 1 –Submittals/Jobsite Meetings and Qualification Data

Upon execution of the Agreement a Submittal Notice will be issued by the IWL Contract Analyst or designee for this phase. Submittals are due to the CDCR within twenty-one (21) calendar days from the issuance date of the Submittal Notice.

The Contractor shall submit six (6) hard copy set of submittals to the CDCR. The Submittals will be approved by CDCR’s Design Services and Standards Branch.

CDCR Submittals shall be sent to:

California Department of Corrections and Rehabilitation Inmate/Ward Labor Program Attn: Debora Torres, Contract Analyst 9838 Old Placerville Road, Suite B

A copy will be returned to the Contractor “Approved for Use” or “Revise and Resubmit”.

Submittals returned to the Contractor for resubmission shall be resubmitted to CDCR within ten

(10) calendar days.

The Contractor is to contact IWL Site Supervisor, Stafon Jones or designee for the jobsite meetings and qualification data. Contact information is listed below.

A Notice to Proceed (NTP) will be issued by the IWL Site Supervisor or designee for the start of Phase 2 and all subsequent phases will be completed in sequence with coordination between Contractor and the IWL Site Supervisor or designee. The Contractor shall begin work within five

(5) calendar days from the issuance of the NTP.

Phase 2 - Repair of Existing Medical Gas System

Phase 3 - Installation of Medical Gas System

Phase 4 - Set Finish

Phase 5 - Testing, Adjusting, Inspections, and Reports

6. LICENSE/CERTIFICATION REQUIREMENTS

Contractor must possess either:

A valid “A” General Engineering State Contractors License (CSLB) or a “B” license with a subcontractor who possesses the required “A” license issued by CSLB: or

The services shall be performed by a qualified independent medical gas installer that holds a certificate of completed examination with the National Fire Protection Association (NFPA 99), Standards American Society of Sanitary Engineering (ASSE) Standard 6010, and ASSE 640.

The Contractor shall provide a copy of a valid California city or county business license (if applicable) or, if a corporation is located within the State of California, incorporation documents or a letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which the business is headquartered.

7. SPECIFICATIONS

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The complete set of specifications were provided in the Invitation for Bid as Exhibit A-1 and are hereby incorporated by reference.

8. PLAN SHEETS

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The complete set of plan sheets were provided in the Invitation for Bid as Exhibit A-2 and are hereby incorporated by reference.

9. PAYMENTS

The Contractor will be paid in progress payments, upon receipt of Contractor’s properly submitted Schedule of Values (SOV). No progress payment will be made until Contractor’s accepted SOV has been furnished and approved by the IWL Site Supervisor or designee.

There will be no additional compensation for travel, meals, lodging, including but not limited to the time involved with entering and exiting the institution.

Scope of Work

10. WORK HOURS

The Contractor shall provide service Monday through Friday, excluding State holidays, between the hours of 6:30 a.m. to 3:00 p.m., unless otherwise arranged and approved by the IWL Site Supervisor or designee.

The IWL Site Supervisor or designee reserves the right to modify the service business hours to accommodate the Institution and departmental needs.

11. LIQUIDATED DAMAGES

Pursuant to Provisions of Exhibit D, Prosecution of the Work, liquidated damages are hereby set at $500 per day for each day the Contractor fails to complete work past the specified service term of the Agreement.

If the Contractor fails to pay liquidated damages, the State may deduct the amount thereof from any invoice payment due, or that may become due, to the Contractor under this Agreement.

12. CDCR CONTACT INFORMATION

Should questions or problems arise during the term of this Agreement, the Contractor may contact the following offices:

Invoice/Payment Issues:

Facility Planning Construction & Management Inmate/Ward Labor Program Debora Torres, Contract Analyst Phone Number (279) 223-2772 Email: debora.torres@cdcr.ca.gov

Performance/Scope of Work Issues:

IWL Site Supervisor Stafon Jones, Construction Supervisor II Phone: (805) 547-7900 x7831 Email: stafon.jones@cdcr.ca.gov

General Contract Issues Office of Business Services Contract Management Branch Phone Number: (916) 255-5264

California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions for IWL/FPCM Contracts

1. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s Itemized invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates. There will be no additional compensation for travel, meals, lodging, including, but not limited to, the time involve with entering and exiting the institutions.

b. Invoices shall include the Agreement Number, “Ordered By” name, Project Number (if applicable) and shall be submitted by one of the following:

Monthly in arrears Progress Payments, monthly in arrears Lump Sum Payment, at the completion of services

The Contractor shall submit invoices for services rendered no later than sixty (60) days after performance of services along with any Service Reports that are required per the Scope of Work. If invoices are submitted without a required Service Report, the invoice will be disputed and returned to the Contractor.

c. The Contractor shall submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above.

For electronic submission of all other FPCM invoices, send invoices to:

FPCM-Contract-Invoices@cdcr.ca.gov

If you are unable to submit invoices electronically, please mail your invoices to the Contract Analyst listed on Exhibit A, Scope of Services, at the address listed below:

California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B P.O. Box 942883

2. Budget Contingency Clause

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

California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions for IWL/FPCM Contracts

b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

4. Subcontractors

Nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor’s responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

5. Advanced Payment for Non-Profit Organizations

Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty five percent (25%) of the annual budget for each fiscal year. The CDCR will review and determine the need for an advance payment using the criteria contained in the department’s procedures for advance payments to Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each fiscal year of the agreement.

6. Bidder Acknowledgement/Certification (OBS 300)

The Contractor hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the…