IFB_CIM-P000284-M019C-ML_Nurse_Call.pdf

STATE OF CALIFORNIA

Department of Corrections and Rehabilitation

INVITATION FOR BID

DUE DATE:

February 19, 2016

Responses must be delivered to:

Procurement Support

Attn: Matthew Lakin

9838 Old Placerville Road, Suite B

Sacramento, CA 95827 by no later than 2:00 p.m. on the due date.

DELIVERY TIME ARO:

(After Receipt of Order)

Supplier name and address:

Contact:

Phone: ( ) Fax: ( )

Solicitation No. Rev. # Date

FPCM-CIM-P000284-M019C-ML ___ 1/29/16

Ship to:

California Institution for Men

Attn: Gerald Lalonde

5405 Eucalyptus Avenue

Chino, CA 91710

ARE YOU CLAIMING PREFERENCE AS A

CALIFORNIA CERTIFIED SMALL BUSINESS?

Yes _________ No ________

IF YES, MANUFACTURER?

ARE YOU A NON-SMALL BUSINESS

CLAIMING AT LEAST 25% SMALL BUSINESS

SUBCONTRACTOR PREFERENCE?

Name (Print)

Title:

Signature:

________________________ Date: ________

Federal Employer Identification Number:

Return bid to:

(Electronic Mail)

Department of Corrections & Rehabilitation

Procurement Support

Matthew.Lakin@cdcr.ca.gov

(Facsimile)

Procurement Support

Attn: Matthew Lakin

(916) 255-4154

(Courier)

Procurement Support

Attn: Matthew Lakin

9838 Old Placerville Road, Suite B

Sacramento, CA 95827

SECTION 14838 ET SEQ. OF THE

CALIFORNIA GOVERNMENT CODE

REQUIRES THAT A 5% PREFERENCE

BE GIVEN TO BIDDERS WHO QUALIFY

AS A SMALL BUSINESS AS A NON-

SMALL BUSINESS CLAIMING 25%

CALIFORNIA CERTIFIED SMALL

BUSINESS PARTICIPATION FOR

REQUIREMENTS SEE TITLE 2,

CALIFORNIA CODE OF REGULATIONS

SECTION 1896 ET SEQ. THE

REQUIREMENTS FOR NONPROFIT

VETERAN SERVICE AGENCIES

QUALIFYING AS A SMALL BUSINESS

ARE CONTAINED IN SECTION 999.50

ET SEC. OF THE MILITARY AND

VETERANS CODE.

DELCARATIONS UNDER PENALTY OF PERJURY; By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed has complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 43 of the General Provisions is true and correct. (3) If a claim is made for the small business preference, the information set forth within is true and correct.

This is a product only purchase for delivery to California Institution for Men at 5405 Eucalyptus Avenue Chino, CA 91710. Product(s) must be quoted as described on this Invitation for Bid. Bids must be in accordance with IFB FPCM-CIM-P000284-M019C-ML and Attachments 1 and 2. Bidders must meet the minimum requirements identified in the attached specification in order to be considered for award of the purchase order.

ITEM

NO.

QTY UNIT DESCRIPTION UNIT PRICE EXTENSION

CALIFORNIA INSTITUTION FOR MEN

Health Care Facility Improvements Program

Bidder Notes:

The items on the following pages are to include all equipment and components necessary for a complete and functional Nurse Call System as well as services including coordination, testing, and training.

CDCR responsibility for each Sub Project:

Installation of vendor supplied components per plans and specifications.

IFB Page 1

CONTINUATION

Supplier Name: Solicitation No.

FPCM-CIM-P000284-M019C-ML

Rev.

ITEM

NO.

QTY UNIT DESCRIPTION UNIT PRICE EXTENSION

LOT

Bidder responsibility for each Sub Project:

Provide all components to make a complete and functioning nurse call system for Sub Project 11.

Sub Project 11 – Building 108

Nurse Call System, vendor to provide all components necessary to provide a complete nurse call system per plan sheet 04.108B E4.1.

Coordination, Set-Up, Testing and Training, Manufacturer's Qualified Representative(s) will be required with all required support equipment and made available for coordination, field verification, programming, system testing, and training as required to ensure nurse call system is completed per drawings, specifications and manufacturer's requirements for Sub Project.

Submittals, to include product information and shop drawings including but not limited to: devices, device locations and any additional information required to install the complete and functioning nurse call system as indicated on all applicable drawings and specifications.

Sub Total W/O Sales Tax $________________________

IFB Page 2

Supplier Name: Solicitation No.

1. Important Note: Only bids quoted on the State’s own bid forms will be considered. Bids shall be submitted in a sealed envelope/package with the solicitation number and the bid due date and time clearly marked on the outside of the envelope/package, faxed to the confidential fax at (916) 255-4154, or e-mailed to Matthew.Lakin@cdcr.ca.gov before 2:00p.m.

on the bid due date.

2. Bid attachments: Bid responses that reference a supplier’s own terms and conditions or provisions will be considered non-responsive and will be rejected.

3. Bidder’s Instructions and General Provisions: The attached Bidder’s Instructions and General Provisions have recently been revised. Please read carefully.

4. Inquiries/questions: Written questions must be received by close of business on February 10, 2016.

5. Bid Award: For the purposes of this solicitation, contract award will be made on the basis of “All or None”.

6. Cash Discounts: Cash discounts will not be considered when evaluating bid responses for award purposes. However, cash discounts may be offered and taken by departments processing invoices within the timeframe specified.

7. Shipment: For the purposes of this solicitation, only bid responses quoting F.O.B. Destination will be accepted.

8. Delivery: Final delivery, inspection and acceptance shall be at the location described herein: California Institution for Men at

5405 Eucalyptus Avenue Chino, CA 91710.

Responsible Bidder: The Department of Corrections and Rehabilitation may require bidder(s) to submit evidence of their qualifications at such times and under conditions, as it may deem necessary. The question of whether a particular bidder is a responsible bidder may involve an evaluation of the bidder’s experience, type of facility, expertise or financial resources regarding the particular items requested by the pertinent solicitation. If a bidder has been determined to be non-responsible, the bid shall be rejected.

New Equipment: All equipment to be provided in response to a State of California solicitation shall be new and latest model in current production. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.

Facsimile (FAX) and Electronic Mail (E-mail) Bids: Bids received via fax will be considered only if they are sent to (916) 255-4154.

Bids sent to any other fax number will not be considered. Bids received via e-mail will be considered only if they are sent to Matthew.Lakin@cdcr.ca.gov. Bids sent to any other e-mail will not be considered. To be considered, all pages of a faxed/e-mailed bid must be completely received prior to the bid due date and time specified in this solicitation. Please be advised that there is a heavy demand placed on the fax machine and e-mail receiving bids, and the State assumes no responsibility if a bidder cannot transmit their bid via fax/e-mail, or if the entire bid is not received prior to the specified bid due date and time.

Recycled Content Products: State agencies are required to report purchases in many product categories. In order to comply with those requirements, contractors are required to complete and return the attached Recycled Content Certification form with your bid response. Failure to complete and return the form may disqualify your bid from consideration.

Payee Data Record: The successful bidder will be required to submit a Payee Data Record, STD. Form 204 listing their Taxpayer Identification Number, see Exhibit 2. Return this form with your bid.

Seller’s Permit: If applicable, please note that award will be conditional on providing the following document prior to award:

You must provide your company’s California retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization (BOE), pursuant to all requirements as set form in Sections 6487, 7101 and sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract code. In order to expedite the process of verifying the validity of the permit, provide the BOE permit number in the space provided below (or attach a copy of the permit with your bid.)

Retailer’s Seller’s Permit Number: _______________________

California Disabled Veteran Business Enterprise (DVBE) Program Requirements: The State has established goals for Disabled

Veteran Business Enterprises (DVBE) participating in State contracts. Please review the attached DVBE program requirements package. Bidders must complete and return all the appropriate pages in order for the bid to be considered responsive.

http://www.documents.dgs.ca.gov/pd/delegations/STD840.doc For the purpose of this solicitation, the DVBE participation requirement is waived. Note: Per Section 10115.11 of the Public Contract Code, Inmate Day Labor Contracts (now known as Inmate/Ward Labor [IWL]) are excluded from DVBE participation.

However, the IWL program encourages and welcomes DVBE participation to the fullest extent feasible. "

Darfur Contracting Form: Pursuant to Public Contract Code Section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code Section 10476. See last page of this IFB for the Darfur Contracting form that must be returned with your bid.

Payment Discount: The supplier may offer a discount to the amount paid on invoices received and accepted by the CDCR in order for the invoices to be paid within thirty (30) days from date the CDCR receives the invoice. Discounts offered on invoices must be at least 1% of the invoice amount and a minimum of $50.00. If offering a discount, please provide the following:

________________________ is offering a discount of ______% on invoices paid within thirty (30) days*. *The percent of discount (Company Name) (highest discount prevails) may be used in the event of tie bids. Refer to Notice to Prospective Bidders, Bid Submission Requirements. Representative Initials: _________

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 7062 or 19195 of the Revenue and Taxation Code, shall be disquali fied from the bidding process. PCC §10295.4. Contractors included on tax delinquency lists; contracts void and unenforceable; (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 7062 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.

IFB Page 3 mailto:Matthew.Lakin@cdcr.ca.gov http://www.documents.dgs.ca.gov/pd/delegations/STD840.doc

Supplier Name: Solicitation No.

Small Business Regulations: The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. The new regulations can be viewed at (www.pd.dgs.ca.gov/smbus). Access the regulations by Clicking on “Small Business Regulations” in the right sidebar. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services at (916) 375-4940.

Non-Small Business Subcontractor Preference: A 5% bid preference is now available to a non-small business claiming 25%

California certified small business subcontractor participation. If applicable, claim the preference in the box on the right hand side of the first page of this solicitation.

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. If applicable, claim the preference in the box on the right hand side of the first page of this solicitation.

Attachment with bid required if claiming the Small Business Preference: All bidders must complete and include the Bidder Declaration form GSPD-05-105. If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price.

All certified small businesses must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

Small Business Certification: Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted. Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to OSDS at (916) 375-4940.

TARGET AREA CONTRACT PREFERNCE ACT (TACPA) PREFERENCE: Bidders desiring to apply for the TACPA, preference may download the appropriate form from the following web site: http:// www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf If your application for TACPA preference was granted for this contract, the requirement to provide the TACPA MONTHLY PERFORMANCE REPORT OF LABOR HOURS is a mandatory contract requirement that demonstrates your company is being a responsible supplier to the State of California. The required reports shall be submitted to the Department of General Services (DGS) – Dispute Resolution Unit (DRU) no later than the 15 th day of each proceeding month, during the term of contract. If the State does not receive the required reports by the required due date, it may impact future contract awards to your company.

Declaration Forms: All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract. Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy online from the Department of General Services Procurement Division, Office of Small Business and DVBE Services (OSDS) website at www.pd.dgs.ca.gov/smbus. The completed form should be included with the bid response.

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the required written information as specified may be grounds for bid rejection.

Attachments: The following documents are considered part of this solicitation and those with an asterisk (*) must be returned with the bid response or the bid may be considered invalid and be rejected.

1. Scope of Work – Attachment I

2. Specification Sections – Attachment II

3. Bidder Declaration Form GSPD-05-105 – Attachment III*

4. Payee Data Record – Attachment IV*

5. Seller’s Permit (BOE) number or copy of Seller’s Permit*

6. Bidder Instructions (Form 451) – Attachment V

7. General Provisions (Form 401Non-IT Commodities) – Attachment VI

8. Darfur Contracting Form – Attachment VII*

9. Post-Consumer Content Certification – Attachment VIII*

10. Commercially Useful Function Declaration – Attachment IX*

11. Product Information and Cut Sheets*

Loss Leader: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section § 17030 of the Business and Professions Code. A “loss leader” is any article or product sold at less than cost: (a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or (b) where the effect is a tendency or capacity to mislead or deceive purchasers or prospective purchasers; or (c) where the effect is to divert trade from or otherwise injure competitors.

Expatriate Corporation: As per Public Contract Code section 10286.1 and Assembly Bill 759 (Chapter 349, Statutes of 2010), I certify by my initials below and my signature on the page one of this Request for Quote, that _______________________________________ Company Name is not an expatriate corporation and is qualified to compete for contracts with the State of California. Representative Initials: _________

Commercially Useful Function: If you are claiming that your company is a certified Small Business, please complete and return the attached “Commercially Useful Function Declaration form with your bid (Attachment #IX).

IFB Page 4 http://www.pd.dgs.ca.gov/smbus http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf http://www.pd.dgs.ca.gov/smbus

California Department of Corrections and Rehabilitation IFB: FPCM-CIM-P000284-M019C-ML

LIST OF ATTACHMENTS

DEPARTMENT OF CORRECTIONS & REHABILITATION

Facility Planning, Construction & Management

ATTACHMENT I SCOPE OF WORK

ATTACHMENT II SPECIFICATION SECTIONS AND PLANS SHEETS

ATTACHMENT III BIDDER DECLARATION FORM GSPD-05-105

ATTACHMENT IV PAYEE DATA RECORD, STD. 204

ATTACHMENT V BIDDER INSTRUCTIONS (FORM 451)

ATTACHMENT VI GENERAL PROVISIONS (FORM 401 Non-IT Goods)

ATTACHMENT VII DARFUR CONTRACTING FORM

ATTACHMENT VIII POST-CONSUMER CONTENT CERTIFICATION

ATTACHMENT IX COMMERCIALLY USEFUL FUNCTION DECLARATION

California Department of Corrections and Rehabilitation IFB: FPCM-CIM-P000284-M019C-ML

ATTACHMENT I

SCOPE OF WORK

This description establishes the minimum requirements for the nurse call system to be delivered to California Institution for Men located at 5405 Eucalyptus Avenue Chino, CA 91710. THIS IS A MATERIAL AND FABRICATION PURCHASE

ONLY; THE STATE WILL INSTALL.

BID REQUIREMENTS:

1. Bidders must include a complete description, including brand, product information and cut sheets with their bid. Bidders who do not provide this information may be disqualified from the bidding process.

2. Any reference to brands and products are for information only, CDCR will accept an approved equal.

3. Bids must remain valid until the purchase order has been issued.

4. Bidders must provide product brand and model information on page two (2) of this IFB.

5. Bidders must return all required documents identified in this IFB with their bid. Bidders who do not provide all required documents may be disqualified from the bidding process.

THE SUPPLIER MUST:

1. The Supplier is to provide all material and fabricate (if applicable) as shown and described on the plans and specifications (attached) for the nurse call system.

2. The Supplier must ensure that the nurse call system meets all design criteria and safety standards. All material must be approved by CDCR and must be in compliance with all applicable codes and laws given the installation location.

3. The Supplier must provide six (6) sets of Operation and Maintenance manuals to CDCR within thirty

(30) days of approved submittals.

4. The Supplier must coordinate the delivery of all material with CDCR. It is the responsibility of the supplier to deliver and off load the material as directed by CDCR. Due to circumstances beyond CDCR’s control, i.e. weather, institution lockdown, etc., delays may occur and delivery scheduling is critical and required during all phases of the project.

5. The Supplier must ensure proper security clearances are submitted to CDCR as institution security issues may exist. Any cost associated with delays caused by improper security clearances shall be borne by the Supplier. Inability to obtain security clearances shall be cause to cancel the purchase order.

Note: The STATE reserves the right to increase the purchase order by 20%, upon written approval, and only prior to final delivery.

SUBMITTAL REQUIREMENTS

This section shall take precedence if there is any inconsistency between submittal instructions as stated in specifications, drawings, or any other provisions of this purchase. The State reserves the right to cancel the award of the resulting purchase order if the supplier's failure to provide submittals within the time frames specified, results in a delay to the State. The awarded supplier will receive a Notice to Proceed (NTP) and a purchase order, which initiates the start of the submittal process. Production and shipment of materials can only begin after the awarded supplier receives written approval from the procurement officer identified in the NTP and a purchase order. Shipment of materials prior to receiving an approved submittal letter will result in your invoice not being paid. Failure to adhere to this could result in your company being deemed non-responsive and the purchase order being cancelled.

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California Department of Corrections and Rehabilitation IFB: FPCM-CIM-P000284-M019C-ML

Within fifteen (15) working days after receipt of the Notice to Proceed:

1. The Supplier shall submit one (1) electronic copy of the submittals in accordance with the specifications for approval.

2. The Supplier must include the solicitation number on the submittal package.

One (1) electronic copy will be returned marked either; approved, approved with notation, or rejected (which requires resubmission). When resubmission is necessary, the supplier shall resubmit one (1) electronic corrected copy within five (5) working days of receipt of the CDCR’s Submittal Rejection Letter. If approved, you will be notified via an approval letter issued by the procurement officer, which allows you to proceed with fabrication and shipment of the order. If applicable, supplier must provide LEED documentation as required in the specifications with their submittals. Please note that LEED may not be a part of each CDCR project, however, if the project you are bidding on is a LEED project, specifications and submittal requirements will be provided to you at the time of bidding.

Shop drawings shall be created by the vendor who shall not reproduce the design documents provided by the CDCR as a basis for the vendor’s shop drawings. The vendor may request electronic backgrounds from the CDCR to assist in preparing their shop drawings; however, accepting these electronic backgrounds is solely for the vendors convenience and does not preclude the vendor from verifying all field and existing conditions or verifying products and services comply with the design drawings and specifications, or other responsibilities to the subcontractor, contractor, or contractor performing the work.

NOTE: Fabrication and delivery shall proceed only after receipt of approved submittals.

Submittals must be sent to:

(U.S. Postal Service and Courier Service) Department of Corrections and Rehabilitation Facility Planning, Construction and Management Procurement Support ATTN: Matthew Lakin 9838 Old Placerville Road, Suite B Sacramento, CA 95827

Or may be submitted via email to:

Matthew.Lakin@cdcr.ca.gov

INFORMATION REQUIREMENTS:

The following information is to be submitted within ten (10) days of approved submittals to avoid cancellation of the purchase order:

1. Assembly and/or installation details (1 electronic copy via email or 6 copies via U.S Postal Service and/or Courier Service) with exploded views (if available).

2. List of any special tools required for operation and/or repair.

3. Product specifications, cut sheets, rough-in dimensions (1 electronic copy via email or 6 copies via

U.S Postal Service and/or Courier Service).

4. Certification and testing requirements (1 electronic copy via email or 6 copies via U.S Postal Service and/or Courier Service).

5. Manufacturer/Supplier address, phone, fax, or point of contact.

6. Model number(s) and/or serial number(s) of items supplied.

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California Department of Corrections and Rehabilitation IFB: FPCM-CIM-P000284-M019C-ML

GATE CLEARANCE INFORMATION:

The Supplier must submit the following gate clearance information for delivery, field service, site inspection or entrance into the institution. The Supplier must allow two (2) weeks for processing and approval of gate clearances.

Mail information to: California Institution for Men Attn: Gerald Lalonde 5405 Eucalyptus Avenue Chino, CA 91710

Or you may fax or email it to: Gerald Lalonde

(909) 597-9820 Gerald.Lalonde@cdcr.ca.gov

SECURITY INFORMATION:

Blue chambray shirts and blue jeans shall not be worn. Electronic devices (cellphones, blackberries, etc.) are not permitted on institution grounds. All materials, supplies, and persons shall be subject to inspection at all gates by institutional custody staff before entering or leaving institutional grounds. No firearms, narcotics, drugs, tobacco or other restricted materials shall be allowed on the premises. Loss of time in checking in and out of the institution shall be borne by the Supplier.

Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of the Department of Corrections and Rehabilitation is prohibited.

DELIVERY INFORMATION:

Receiving hours are 8:00 a.m. to 2:00 p.m., Monday through Friday, excluding STATE holidays. Proper identification will be required for entrance into the institution. Contact the construction supervisor 48 hours prior to delivery to coordinate.

Pursuant to Labor Code, Section 6390, the Supplier agrees to provide a Material Safety Data Sheet, if applicable at the time of delivery.

DISPUTE INFORMATION

This section supersedes the General Provisions (attached), Section 38 a and c to state:

a. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, contractor shall submit to the Protest Coordinator a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to or involving this contract, unless the State, on its own initiative, has already rendered such a final decision. Contractor’s written demand shall be fully supported by factual information, and if such demand involves a cost adjustment to the contract, contractor shall include with the demand a written statement signed by an authorized person indicating that the demand is made in good faith, that the supporting data are accurate and complete and that the amount requested accurately reflects the contract adjustment for which contractor believes the State is liable. If the contractor is not satisfied with the decision of the Protest Coordinator, the contractor may appeal the decision to the California Department of Corrections and Rehabilitations (CDCR), Contracts and Procurement Section.

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California Department of Corrections and Rehabilitation IFB:FPCM-CIM-P000284-M019C-ML

c. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the CDCR Assistant Director, Facility Planning, Construction and Management if an appeal was made. If the State fails to render a final decision within 90 days after receipt of contractor’s demand, it shall be deemed a final decision adverse to contractor’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless contractor commences an action in a court of competent jurisdiction to contest such decision within ninety (90) days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

SPECIFICATION CONCERNS

This section supersedes the bidders instructions (attached), Section 12 to state:

12. SPECIFICATION CONCERNS:

a) In the event a supplier believes that the State’s solicitation is unfairly restrictive, ambiguous, contains conflicting provisions or mistakes or in the supplier’s experience any resulting contract will be commercially impracticable to perform, the matter or concerns should promptly be brought to the attention of the buyer identified in this solicitation in writing in order that the matter or concerns may be considered and appropriate actions, if deemed necessary in the sole determination of the State, may be taken prior to the closing time set to receive bids.

PROTEST INFORMATION

This section supersedes the bidders instructions (attached), Section 21 to state:

21. PROTESTS: The Department of Corrections and Rehabilitation, Facility Planning, Construction and

Management Division, has appointed a Protest Coordinator to serve as the primary point of contact for handling: (1) protests of proposed awards for commodities (PCC Section 10306). A Vendor Advocate has been established in accordance with PCC Section 10300 as a resource to protesting bidders seeking assistance and information. Contact the buyer or contact the Procurement Support Unit at

(916) 255-0676 for assistance.

PROTEST COORDINATOR INFORMATION VENDOR ADVOCATE

The protest coordinator for this solicitation is: The vendor advocate for this solicitation is:

Matthew Lakin, Procurement Officer Peter Tran, Manager Procurement Support Procurement Support

Matthew.Lakin@cdcr.ca.gov Peter.Tran@cdcr.ca.gov

(916) 255-2619 (916) 255-0676

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California Department of Corrections and Rehabilitation IFB: FPCM-CIM-P000284-M019C-ML

ATTACHMENT II

DEPARTMENT OF CORRECTIONS & REHABILITATION

SPECIFICATION SECTIONS:

01 33 00 Submittal Procedures 01 33 23 Shop Drawings, Product Data and Samples 01 79 00 Demonstration and Training 08 33 13 Coiling Counter Doors 26 05 19 Low Voltage Conductors 26 05 26 Grounding for Electrical Systems 26 05 34 Outlet and Junction Boxes 26 05 53 Identification for Electrical Systems 26 08 13 Acceptance Testing 26 27 16 Electrical Cabinets and Enclosures 26 27 29 Equipment Wiring Systems 27 52 23 Nurse Call Code Blue 28 05 13 Conductors and Cables Electronic 28 05 26 Grounding and Bonding Electronic 28 05 27 Cabinets and Enclosures 28 26 00 Electronic Personal Protection 28 31 00 Fire Detection and Alarm 28 46 13 Control Panels and Consoles

PLANS SHEETS:

04.108B E4.1 Proj 11 Infirm Reno – Signal Plan

The specifications and plan sheets are attached as separate documentation. Specifications and plan sheets are to be used as reference only. Any reference to specific brands by name are for reference only, the State will accept a CDCR approved equal.

California Department of Corrections and Rehabilitation IFB: FPCM-CIM-P000284-M019C-ML

ATTACHMENT III

BIDDER DECLARATION FORM GSPD-05-105

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response.

http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf

ATTACHMENT IV

PAYEE DATA RECORD, STD. 204

The successful bidder as a result of this IFB will be required to sign the Payee Data Record, STD. 204, before contract award. Refer to the following website to connect to the link for a Fill and Print form:

http://www.courts.ca.gov/documents/4-2-RFP-13-14-01GW-Attachment-5-Payee-Data-Record.pdf http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf http://www.courts.ca.gov/documents/4-2-RFP-13-14-01GW-Attachment-5-Payee-Data-Record.pdf

GSPD-451 (REVISED AND EFFECTIVE 11/09/2011)

ATTACHMENT V

BIDDER INSTRUCTIONS

1. DEFINITIONS:

a) “Bid” means an offer, made in response to a solicitation to perform a contract for work and labor or to supply goods at a specified price, whether or not it is considered a “sealed bid” or results in award of a contract to a single or non-competitively bid contract.

b) “Bidder” means a supplier who submits a bid to the State in response to a solicitation.

c) “Solicitation” means the process, by whatever name known or in whatever format used, of notifying prospective bidders that the State wishes to receive bids for furnishing goods or services.

d) “Supplier” means a business entity, bidder, offeror, vendor or contractor.

2. SUBMISSION OF BIDS:

a) Bids must be hand delivered or sent via U.S. Mail or common carrier unless another method (e.g., facsimile) is specifically authorized in the solicitation.

b) Where a “sealed” bid is required, each bid shall be separately sealed inside an envelope and must be signed and received by the closing time and date specified, and on the forms furnished by the State to be considered for award.

The State reserves the right to consider authorized facsimile bids as properly “sealed” if received prior to the closing time specified, provided that a signature is shown on the facsimile.

c) The bidder is solely responsible for ensuring that the full bid is received by the State in accordance with the solicitation requirements, prior to the date and time specified in the solicitation, and at the place specified. The State shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or misdelivery.

d) Bids received after the time stated will be considered non-responsive.

e) If facsimile transmission of the bid is acceptable, and the bidder chooses to transmit their bid via facsimile, the bidder understands and agrees that the State will consider only those portions of the bid received prior to the closing time specified; any pages received after that time will not be considered.

f) If no time for receipt of bids is specified in the solicitation, the bid shall be due by the close of the business day on the date indicated. Close of the business day shall be 5:00 p.m. All times are Pacific Standard Time (PST)/Pacific Daylight Time

(PDT).

g) Generally, sealed bids will be opened and read on the due date unless another date and time is specified in the solicitation or any addendum thereto or the reverse auction terms and conditions are included in the solicitation.

When the Department of General Services, Procurement Division, facilitates a reverse auction all bids remain confidential before and during the auction.

Information is not public, including the number and names of the responders, until the Notice of Intent to Award or contract award is published, whichever occurs first.

3. SOLICITATION ADDENDUM (ADDENDA):

a) If a supplier received this solicitation through some means other than being a prequalified supplier on the State’s bidders list, it is the responsibility of the supplier to advise the buyer of its intention to provide a bid so that addenda or other correspondence related to the solicitation will be sent to the supplier.

b) In the event that the solicitation is revised by an addendum, supplier shall submit the original solicitation and any addenda that the buyer requires be submitted.

c) Price(s) offered shall reflect all addenda issued by the State.

Failure to do so will permit the State to interpret the bid to include all addenda issued in any resulting contract.

4. PRICES:

a) All prices and notations must be printed in ink or typewritten.

b) All prices must be bid in U.S. currency.

c) Unit prices may not be more than four (4) places to the right of the decimal point. For example, a unit price of $.56726 each, would exceed this limitation. Unit prices which exceed this limitation will automatically be truncated to the fourth decimal place for both evaluation and award purposes.

Using the example just cited, the "6" at the end of the unit price would be truncated (i.e., dropped off) leaving a unit price of $.5672 each.

d) An error in the bid may cause the rejection of that bid;

however, the State may at its sole option retain the bid and make certain arithmetic corrections. In determining if a correction will be made, the State will consider the conformance of the bid to the format and content required by the solicitation, and any unusual complexity of the format and content required by the solicitation.

i) If the bidder’s intent is clearly established based on review of the complete bid submittal, the State may at its sole option correct an error based on that established intent.

ii) The State may at its sole option correct obvious clerical errors.

iii) The total price of unit-price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the “Extension” price by the quantity of the item.

5. CASH DISCOUNTS: The State encourages bidders to offer cash discounts for prompt payment, however, unless provided elsewhere in the solicitation, cash discounts offered by bidders for the prompt payment of invoices will not be considered in evaluating offers to determine the successful bidder for award of any resulting contract.

6. INSPECTION OF SOLICITATION DOCUMENTS: Supplier shall carefully review all documents referenced and made a part of this solicitation to ensure that all information required to properly respond to the solicitation has been received or made available and all requirements are priced in the bid. Failure to examine any document, drawing, specification, or instruction will be at the supplier’s sole risk.

7. BRAND NAMES: Any reference to brand names and model numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. Bids offering equivalent items meeting the standards of quality specified may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the referenced brand. Unless bidder specifies otherwise, it is understood that the bidder is offering a referenced brand item as specified in the solicitation. The State reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the State may require the supply of additional descriptive material and a sample.

8. EVALUATION OF BIDS:

a) Where more than one line item is specified in the solicitation, the State reserves the right to determine the lowest responsible bidder, either on the basis of individual items, combination of items as specified in the solicitation, or on the basis of all items included in the solicitation, unless otherwise expressly provided.

b) Unless otherwise specified in the solicitation, the State may accept any item or combination of items as specified in the solicitation, of any bid unless the bidder expressly objects and conditions its response on receiving all items for which it provided a bid. In the event that the bidder so objects, the State may consider the bidder’s objection and evaluate whether the award on such basis will result in the lowest price to the State or may determine in its sole discretion that such an objection is non-responsive and renders the bidder ineligible for award.

c) This solicitation is subject to all requirements set forth in the Electronic Waste Recycling Act of 2003 (Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste, hereafter called the “Act”). If the products and/or services being acquired pursuant to this solicitation are not subject to the Act, then bidder must demonstrate that the Act is inapplicable to all lines of business engaged by the supplier (or related agents, subsidiaries, partners, joint ventures, and sub-contractors). Contracts awarded, wherein a violation of the Act is found, are subject to sanctions defined in Public Resources Code, Chapter 8.5, Article 7.

d) This solicitation is subject to all requirements set forth in Sections 6452, 6487, 7101 and 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract Code, requiring suppliers to provide a copy of their retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization. Unless otherwise specified in this solicitation, a copy of the retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates, must be submitted within five (5) State business days of the State’s request. Failure of the supplier to comply by supplying the required documentation will cause the supplier’s bid to be considered non-responsive and the bid rejected.

e) Public Resources Code Section 42290 et seq. prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a State contract or subcontract or renewal, extension, or modification of an existing contract or subcontract.

Prior to award the State shall ascertain if the intended awardee or proposed subcontractor is a business identified on the current California Integrated Waste Management Board noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the Board of the proposed award and afford the Board the opportunity to advise the State. No award will be made when either the bidder or a subcontractor has been identified either by published list or by advice from the Board, to be in violation of certification requirements.

f) All other criteria to be used in evaluating bids will be identified elsewhere in the solicitation.

9. CONFLICT OF INTEREST:

a) Current State Employees (PCC Section 10410):

i) 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.

ii) 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.

b) Former State Employees (PCC Section 10411):

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.

c) 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 twelve-month period prior to his or her leaving State service.

10. JOINT BIDS: A joint bid submitted by two or more bidders participating jointly in one bid may be submitted and each participating bidder must sign the joint bid. If a contract is awarded to bidders who furnished a joint bid, it shall be deemed one indivisible contract. Each such joint contractor will be jointly and severally liable for the performance of the entire contract, and the joint contractors must designate, in writing, one individual having authority to represent them in all matters relating to the contract. The State assumes no responsibility or obligation for the division of orders or purchases among joint contractors.

11. SAMPLES TO DETERMINE RESPONSIVENESS TO

TECHNICAL REQUIREMENTS FOR PURPOSES OF AWARD:

a) Samples of items, when required by the State, must be furnished free of expense to the State, unless otherwise provided.

b) Unless expressly set forth in the solicitation, the sample or samples furnished must be identical in all respects to the product or products being offered to the State.

c) Bidders offering products of a different manufacturer and model number than those specified in the solicitation may be required to submit samples for inspection and specification compliance testing in order for the State to determine if the item offered is equivalent to and meets the minimum standards of quality acceptable to the State as indicated by the manufacturer and model number specified in the solicitation.

d) Samples, if not destroyed by tests, may, upon request made at the time the sample is furnished, be returned at bidder’s expense.

e) Samples may be required prior to award. If requested, such samples must be delivered to the address specified and within the timeframe identified in the notification. Failure to submit samples as specified may be grounds for rejection.

12. SPECIFICATION CONCERNS:

a) In the event a supplier believes that the State's solicitation is unfairly restrictive, ambiguous, contains conflicting provisions or mistakes or in the supplier’s experience any resulting contract would be commercially impractical to perform, the matter should be promptly brought to the attention of the buyer identified in the solicitation, either by telephone, letter or visit, immediately upon receipt of the solicitation, in order that the matter may be fully considered and appropriate action taken by the State prior to the closing time set to receive bids.

b) Unless otherwise specified, failure by any supplier to raise any concern relating to the solicitation requirements within at least two (2) working days prior to the bid close date, will be deemed a waiver of the supplier’s right to protest any decision for contract award relating to the solicitation’s requirements.

13. VALIDITY OF BID: Unless specified elsewhere in the solicitation, bidder’s bid shall be valid for forty-five (45) days following the date the response is due.

14. MISTAKE IN BID: If prior to contract award, a bidder discovers a mistake in their bid which renders the bidder unwilling to perform under any resulting contract, the bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the State’s discretion as to whether withdrawal will be permitted.

If the solicitation contemplated evaluation and award of “all or none” of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the State may consider permitting withdrawal of specific line item(s) or combination of items.

15. STATE’S RIGHTS:

a) The State reserves the right to modify or cancel in whole or in part its solicitation at any time prior to contract award.

b) The State reserves the right to reject any or all bids if the State determines that a bidder’s bid was non-responsive to the solicitation requirements and to waive informalities and minor irregularities in bids received.

c) The State reserves the right to reject any or all bids if the State determines that a bidder is not a responsible supplier.

16. UNFAIR PRACTICES ACT AND OTHER LAWS: Supplier warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section 17000 et seq.) and all applicable State and Federal laws and regulations.

17. VIOLATION OF AIR OR WATER POLLUTION LAWS:

a) Unless the contract is less than $25,000 or with a non-competitively bid contract supplier, Government Code Section 4477 prohibits the State from contracting with a person, including a corporation or other business association, who has been determined to be in violation of any state or federal air or water pollution control law.

b) Prior to an award, the State shall ascertain if the intended awardee is a person included in notices from the Boards.

In the event of any doubt of the intended awardee's identity or status as a person who is in violation of any state or federal air or water pollution law, the State will notify the appropriate Board of the proposed award and afford the Board the opportunity to advise the State that the intended awardee is such a person.

c) No award will be made to a person who is identified either by the published notices or by advice, as a person in violation of state or federal air or water pollution control laws.

18. NON-DISCRIMINATION TOWARD WTO GPA SIGNATORIES:

Any contract resulting from this solicitation in excess of $554,000 is subject to the requirements of the World Trade Organization (WTO) Government Procurement Agreement (GPA). All bidders offering products or services of countries that are signatories to the WTO GPA and that have agreed to cover reciprocal subcentral coverage under the WTO GPA will be accorded nondiscriminatory treatment in the award of contracts under this solicitation. These countries currently include the member states of the European Union (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and the United Kingdom), Aruba, Hong Kong, Singapore, Israel, Japan, Korea, Liechtenstein, Norway, and Switzerland.

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