IFB.Bid.Instruction.Book..pdf

C24K0394

Key Action Dates

Date Description Time (PST) IFB C24K0394 Released on Caleprocure

12:00 PM

Questions Due 5:00 PM

Answers to questions posted on Caleprocure

5:00 PM

Bids for C24K0394 Due 12:00 PM

Bids Opening via Microsoft Teams

2:00 PM

April 4, 2025

April 18, 2025

April 11, 2025

April 15, 2025

April 22, 2025

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

SERVICE CONTRACTS

INVITATION FOR BIDS/INSTRUCTIONS TO BIDDERS

CONTRACT/BID NO.: C24K0394

Sealed bids will be accepted by the Department of Parks and Recreation until the following date and time, at the following location.

Date: April 18, 2025 Time: 12:00 PM PST Email: Heather.Crabb@Parks.ca.gov

At the above time and place the bids will be publicly opened and read for furnishing services, material, or equipment, or to perform all work required to:

Bids will be publicly opened on April 22, 2025, at 2:00 PM PST and read via Microsoft Teams to perform all work required to provide statewide housing appraisals.

Bids must be complete and ready for use in accordance with plans and specifications and such addenda as may be issued prior to bid opening date.

The anticipated performance period of the contract is June 1, 2025, or upon DGS OLS Approval, whichever is later, through June 30, 2028, or three years from approval date.

Additional requirements/information are as follows:

Prospective bidders may examine and obtain specifications and bid forms, or receive assistance with questions regarding this Invitation for Bids by e-mailing a request to:

Department of Parks and Recreation Contact Person: Heather Crabb E-Mail: Heather.Crabb@Parks.ca.gov

Additional requirements/information are as follows:

Instructions to Download Bid Package: Prospective bidders may examine and obtain the bid forms, specifications, plans and addenda (if any) by downloading this bid package from the Department of General Services (DGS), California State

Contracts Register (CSCR) on the Cal eProcure website: https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

1. In the "Event Name" box, type in the contract "C24K0394" number and click on Search

2. Click on the Bid Number and Description

3. View Event Package

4. To download the bid documents, select the document to download, select View, then select

Download Attachment.

Questions and Answers: Any discrepancies, omissions, ambiguities, or conflicts in or among the contract documents or doubts as to meaning shall be brought to the State's attention by including your comments directly on the Bid

Solicitation (DGS website stated above) - see Questions and Answers (Q & A) - NO LATER THAN 5 p.m., seven (7) calendar days prior to bid opening date. Answers that change any of the times, dates, locations, any bid documents/submittals or scope of work, etc., will be provided by Addendum which will be posted within the Bid

Solicitation located on the DGS Caleprocure website stated above. It is the responsibility of the bidders to download any addenda as needed.

1. Bids shall take into consideration all such conditions as may affect the work. Bidder should carefully examine the entire bid documents and become fully aware of the nature and location of the work, the quantities of work, and conditions to be encountered in performing the work.

2. Bid documents consist of all forms, instructions, notices, specifications, and any addenda thereto, that describe the project or services to be performed and the requirements for bidding. All bidders are responsible to inquire as to addenda issued.

3. Bids shall be submitted to Heather.Crabb@Parks.ca.gov. Your bidder email shall include the company name, return address of the bidder, full name and phone number of the sender (who must be a representative of the company), and be clearly marked bid with the title of the project. This bid MUST be delivered prior to the time and date of the bid submittal. It is the responsibility of the bidder to ensure that his/her bid is received in proper time.

Facsimile (Fax) responses will not be considered.

DPR 940A (Rev. 7/2024)(Excel 7/24/2024)(Page 1 of 3)

4. No bids will be accepted after the date and time set for the bid opening.

5. Prices shown on the Bid Form shall include all applicable taxes and other items of expense incident to the bid price.

6. Any bid may be withdrawn prior to the hour fixed above, provided that the written request for withdrawal is submitted by the bidder or his/her duly authorized representative and filed at, e-mailed to or sent by FAX to the place shown above. An oral or other form of request to withdraw a bid is not acceptable.

7. Bids will be opened and read publicly at the time and place indicated above. Bidders or their authorized agents are invited to be present.

8. Bids may be rejected if they show any alterations to form, additions not called for, conditioned bids, incomplete bids, or irregularities of any kind. Only those bids which cover all the work outlined will be considered. The State reserves the right to reject any or all bids.

9. If the contract is awarded, it will be awarded to the lowest responsible bidder whose bid complies with the prescribed requirements.

10. In the case of a tie bid, the determination of a successful bidder will be made by a coin toss in the presence of all interested bidders, at a time and date set by the originating office.

11. All bids shall remain valid for 30 calendar days after the bid opening date.

12. The basic agreement for contracting with the State, "STD. 213 - Standard Agreement," is included in bid documents in sample form for informational purposes.

13. The contract shall be signed by the successful bidder and returned within five (5) working days after the bidder receives notice that the contract has been awarded.

14. The contract shall be a binding contract upon the State only after approval by the State.

15. 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.

16. Generative Artificial Intelligence

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of

GenAI tools, while balancing the risks of these new technologies. Bidder / Offeror must notify the State in writing if it:

(1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI. Failure to report GenAI to the

State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure. Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State. Government Code 11549.64 defines "Generative Artificial Intelligence (GenAI)" as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data.

DPR 940A (Rev 7/2024)(Page 2 of 3)

DPR 479IW (Rev. 10/2022)(Excel10/19/2022)(Page 1 of 5)

1. Bidder's attention is directed to the Disabled Veteran Business Enterprise (DVBE) Participation Requirement for bidders, as outlined in the accompanying bid package.

Disabled Veteran Business Enterprise (DVBE) Notice

2. What is a Disabled Veteran Business Enterprise (DVBE)?

a. For a business to be considered a Disabled Veteran Business Enterprise (DVBE), they must be certified with the State of California - Department of General Services in accordance with California Code of Regulations, Title 2, Section 1896.94. Please see the following website for more information about DVBE certification benefits and eligibility requirements:

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

b. Only DVBEs who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE incentive program requirements.

3. Commercially Useful Function Definition

a. California Code of Regulations, Title 2, § 1896.61(l): The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70;

and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

b. A person or entity must perform a commercially useful function (CUF) as defined under Military and Veterans Code (MVC) §999.

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

4. What is the DVBE Incentive Program?

a. The DVBE Incentive Program was established by statute and applies to contracts solely financed by State funds. This program is separate from the DVBE Participation Program. The incentive is designed to encourage bidders to partner with DVBE subcontractors.

The DVBE Participation Requirement for this solicitation has been waived – however the DVBE Incentive still applies.

There is no minimum DVBE participation requirement for this solicitation.

DVBE Incentive for Invitation For Bid (IFB) (Participation Requirement Waived)

DEPARTMENT OF PARKS AND RECREATION

DPR 479IW (Rev. 10/2022)(Excel 10/19/2022)(Page 2 of 5)

b. The incentive may be combined with other incentives and preferences up to an established cap of $100,000.00. The incentive is used only for evaluation purposes and does not alter the amounts of the actual bids.

5. Reporting Requirement

a. If, for this agreement, a contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) the contractor must certify in a report to the awarding department:

i) the total amount the prime contractor received under the contract

ii) the name and address of the DVBE(s) that participated in the performance of the contract

iii) the amount each DVBE received from the prime contractor

iv) that all payments under the contract have been made to the DVBE(s)

v) the actual percentage of DVBE participation that was achieved

b. You will be required to report to DPR the actual dollars spent with each DVBE subcontractor on form DPR 489. If awarded the contract you will receive this form at the completion of the contract. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).

6. Who is eligible to receive the incentive?

a. Any responsive and responsible bidder who has attained .01% DVBE participation or higher with a registered and certified DVBE.

7. Documentation

a. Bidders must document DVBE participation commitment by completing and submitting the following forms:

1) DPR 486, Bidder’s DVBE Participation: The DPR 486 is used to document the proposed prime contractor and subcontractors, including their roles and responsibilities. The form must be submitted with the bid package. If there is a discrepancy between the dollar amount and percentage of bid for DVBE participation then the percentage shall prevail.

2) DGS PD 843: All disabled veteran owners and disabled veteran managers of the DVBE must complete the form and submit it with the bid package. A DGS PD 843 needs to be submitted by every DVBE supplier who is part of a bid whether they are the prime contractor or subcontractor.

b. Bids that fail to submit the completed required forms to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive. Clerical and typographical errors on these forms may be corrected at the State’s sole discretion.

c. Information submitted by the bidders to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80.

Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

c. Table A – Invitation For Bid (IFB) (aka Low Price Method)

a. Low Price Method

A B C

$98,000.00 $102,100.00 $100,000.00

0% 8% 4.5%

1 3 2 n/a 5% 4% n/a $4,900.00

(5% x $98,000) $3,920.00

(4% x $98,000) n/a 97,100.00

($102,100 - $4,900) 96,080.00

($100,000 - $3,920)

3 2 1

DPR 479IW (Rev. 10/2022)(Excel 10/19/2022)(Page 3 of 5)

Final Rank:

DVBE Incentive (from Table A)

Incentive Amount (% x Lowest Responsive and Responsible Bid Price)

Adjusted Bid Price (Bidder's Price - Bidder's Incentive Amount)

Bidder Name

Original Bid Price

DVBE Participation for certified DVBE Prime or Subcontractors

Initial Ranking

2% - 2.99%

.01% - 1.99%

5% of lowest responsive and responsible bid

4% of lowest responsive and responsible bid

3% of lowest responsive and responsible bid

2% of lowest responsive and responsible bid

1% of lowest responsive and responsible bid

Confirmed DVBE Participation of DVBE Incentive Amount for IFB

5% or more

4% - 4.99%

3% - 3.99%

8. How does the DVBE Incentive Program Work?

a. The DVBE incentive is used only for evaluation purposes to determine the successful bidder and does not alter the amounts of the actual bids. A dollar cap of $100,000.00 is set for all combined incentives and preferences.

b. For contracts to be awarded based on the Low Price Method, the incentive amount is equal to a percentage of the lowest responsive and responsible bid based on the amount of DVBE participation in the bid being evaluated per Table A below. The Computation Method does not include the small business preference; however, the small business preference may be applied and may affect the application of the incentive and the outcome of the ranking.

9. Computation Method

The State of California www.dgs.ca.gov/PD Department of General Services Receptionist: (916) 375-4940 Office of Small Business and DVBE Services 24-hour recording: (916) 322-5060 707 Third Street, First Floor – Room 400 FAX: (916) 375-4950 West Sacramento, CA 95605 OSDSHelp@dgs.ca.gov

DPR 479IW (Rev. 10/2022)(Excel 10/19/2022)(Page 4 of 5)

10. Substitution of Proposed DVBE

a. If awarded the contract, the DVBE subcontractors and/or contractors proposed by bidder must be used unless prior written notice of substitution is provided to the state and the state approves such substitution.

b. The notice must include a minimum of: (1) a written explanation of the reason for the substitution; and (2) an updated DPR 486 must be submitted to the award office of Department of Parks and Recreation. The substitution request must before approved before the substitution can take place.

c. Failure to adhere to at least the DVBE participation proposed by the successful bidder may be cause for contract termination and recovery of damages under the rights and remedies due the state under the default section of the contract.

d. Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the State. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

e. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9; Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).

11. To locate DVBE contractors:

a. Contact the department’s contracting official named in this solicitation for any DVBE contractors who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE contractors for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance – www.parks.ca.gov/advocate.

b. Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD) online certified firm database at:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true

Search by “Keywords” or United Nations Standard Products and Services Codes (UNSPSC), that apply to the elements of work you want to subcontract to a DVBE.

c. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at:

www.Caleprocure.ca.gov

d. The State of California, Department of General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS) offers many services that assist contractor/business owners with a variety of information designed to streamline the State contracting process. OSDS also certifies

b. DPR 486 - Part 2

c. DGS PD 843

DPR 479IW (Rev. 10/2022)(Excel 10/19/2022)(Page 5 of 5)

a. DPR 486 - Part 1

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DVBE Documentation Checklist

1. The State of California acknowledges the service and sacrifice of its disabled veterans, in part, through the “Disabled Veteran Business Enterprise (DVBE) Participation Program.” As mandated bylaw, state agencies have a goal to award at least 3% of their annual contract dollars to certifiedDVBE’s.

2. When a firm bids on a state DPR contract that contains DVBE participation, the firm may benefit from the DVBE Incentive program. We encourage all suppliers to obtain as much DVBE participation as possible.

3. INCOMPLETE DOCUMENTATION (DPR 486 AND DGS PD 843) MUST RESULT IN

DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE SELECTION PROCESS FOR THE

CONTRACT.

4. The following checklist is provided to assist bidders with their DVBE participation documentation:

All DVBE participation is indicated.

The names of each participating DVBE company is listed with the dollar value and applied percentage of the bid.

A copy of the printout from eProcurement system showing the company’s DVBE certification status.

The DVBE participation percentage listed agrees with the dollar value claimed.

Signed “Bidder’s Certification.”

A completed and signed DGS PD 843 is included with the bid for every DVBE (whether prime contractor or subcontractor) included.

State of California

Department of Parks and Recreation

District Facilities Management Program

TABLE OF CONTENTS

Invitation for Bids No.: C24K0394

Statewide Housing

Invitation For Bid/Instructions To Bidders

1.0 Purpose and Description of Services

2.0 Bid Requirements and Information

Submission of Bid Additional Documents

3.0 Evaluation and Award of Contract

4.0 Award and Protest

5.0 Disposition of Bids

6.0 Agreement Execution and Performance

7.0 Preference Programs

Small Business Preference Non-Small Business Preference Disabled Veteran Business Enterprise (DVBE) Notice

8.0 Required Disclosures

Commercially Useful Function Darfur Contracting Act Contractor Certification Clause Executive Order N-6-22 - Russia Sanctions GenAl

1.0 Detailed Scope of Work ........................................................................................................ 1-3

ATTACHMENTS

Attachment A- Bid Forms:

Bidder's Checklist (1 page) Exhibit B, Attachment I, Service Contracts Bid Form (DPR 940B - 2 Pages) Payee Data Record (STD 204 - 2 Pages) Payee Data Record Supplement (STD 205 - 2 Pages) Bidder's Declaration (GSPD 05-105 - 2 Pages) Disabled Veteran Business Enterprise Declarations (DGS PD 843 - 1 Page) Commercially Useful Function - Bidder Certification (DPR 87 - 1 page) Darfur Contracting Act (DPR 74 - 1 Page) California Civil Rights Laws Attachment (DGS OLS 04 - 1 Page)

Attachment B - Sample Standard Agreement:

Standard Agreement (STD 213) with

Exhibit A, Scope of Work (DPR 603) Exhibit A, Attachment I, Detailed Scope of Work Exhibit A, Attachment II, Housing Inventory List Exhibit A, Attachment Ill, Schedule Requirements

Exhibit A, Attachment II, Housing Inventory List Exhibit A, Attachment III, Schedule Requirements

Department of Parks and Recreation District

District Facilities Management Program

Invitation for Bids No.: C24K0394

Statewide Housing

Exhibit B, Budget Detail and Payment Provisions (DPR 604) Exhibit B, Attachment I, Service Contracts Bid Form Exhibit C, General Terms and Conditions (GTC 02/25), incorporated by reference, view and download at Standard Contract Language (ca.gov) Exhibit D, Special Terms and Conditions (DPR 605cs)

May 2024

State of California

Department of Parks and Recreation

District Facilities Management Program

Invitation for Bids No.: C24K0394

Statewide Housing aspects of the legislation that requires certified small businesses to perform a commercially useful function as defined in Government Code Sections 14837(d)(4)(A)(B).

A Commercially Useful Function Certification (CUF) form is attached to this solicitation.

Darfur Contracting Act: Effective January 1, 2009, contracts for Non-Information Technology (Non-IT) goods or services must address the requirements of the Act. The Act was passed to preclude State agencies generally from contracting with "SCRUTINIZED" companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC Section 10475.

A SCRUTINIZED company is a company doing business in Sudan as defined in PCC Section 10476. SCRUTINIZED companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for Non-IT goods or services (PCC Section 10477(a)). PCC Section 10478(a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a SCRUTINIZED company in order to submit a bid or proposal to a State agency. A SCRUTINIZED company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the DGS according to the criteria set forth in PCC Section 10477(b).

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, the 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.

GenAI Disclosure: The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies. Bidder / Offerer must notify the State in writing if it:

(1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts:

(i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non disclosure. Upon notification by a Bidder / Offerer of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State. Government Code

11549.64 defines "Generative Artificial Intelligence (GenAI)" as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data.

State of California Invitation for Bids No.: C24K0394 Department of Parks and Recreation Housing Appraisals District Facilities Management Program Page 1 of 3

Exhibit A, Attachment I- Detailed Scope of Work Consulting Appraisal Services for Statewide Housing

SCOPE OF WORK

1. Contractor agrees to provide to the Department of Parks and Recreation (DPR) Fair Market Rental Valuation analysis as described herein:

The contractor will provide DPR with rental appraisal reports for all properties listed on Exhibit A, Attachment II. The reports will include:

• External & internal photographs of condition

• Maps

• Plot plans

• Physical description of external and internal conditions

• Dimensions and include presentation of the relevant market data with supporting analysis for the defined monthly fair market rental valuation

Work to be performed – The appraiser will visit all DPR State Owned Housing (SOH) units and appraise each for their Fair Market Rental Value (FMRV).

2. The services shall be performed at: 850 properties throughout California per Exhibit A, Attachment II.

3. The services shall be provided: Work must be performed Monday through Friday, 8:00 a.m. to 5:00 p.m. excluding holidays and according to the attached schedule, Exhibit A, Attachment III, with the last appraisal report due no later than June 30, 2028.

4. Contract Terms:

a. The term of this contract shall be from June 1, 2025, or upon DGS OLS Approval, whichever is later, through June 30, 2028, or three years from approval date.

b. This agreement includes a not-to-exceed amount of $2,000,000 (Two Million Dollars and Zero cents) for the first three years of this agreement.

District Facilities Management Program Page 2 of 3

c. The State reserves the right to amend the term of this contract up to 1 time for one (1) additional year. Should the State exercise this right to extend the contract, all contracted rates for services will remain the same.

d. The State reserves the right to amend this contract for the addition of services based upon need. Should the State exercise this right to extend the contract, all contracted rates for services will remain the same.

5. Contractor Expectations:

All services will be performed using industry standard practices and will take place under the general direction of the DPR Project Manager and will be completed to their satisfaction. If the contractor is ever unclear on the expected results, timeline, workflow, etc. expected, the DPR representative will work with the contractor until issues are clarified to the contractor’s satisfaction, whenever requested. If multiple solutions or options are available to address a request, the contractor will identify all viable solutions/options to DPR and the preferred approach will be decided upon and included in the agreed upon plan.

Completion and/or measuring success of work completed will be judged by DPR. DPR will consider a task or work complete and/or successful if the problem intended to be addressed has been resolved to industry or another agreed upon standard. If development or other tasks included in this agreement are performed, successful completion will be measured by DPR using the same standard.

6. Dispute Resolution:

This section is considered to fully inform the contractor of his or her duties, obligations, and rights regarding disputes and dispute resolution.

a. Disputes shall be documented in the contract file. When informal discussions and negotiations fail to render a satisfactory resolution for all parties the following will occur:

i. All conflicts or disagreements that affect contract performance shall be documented.

District Facilities Management Program Page 3 of 3

ii. Discussions shall occur with all principals (contractor, contract administrator, project manager, etc.) involved in the conflict.

iii. Parties will review dispute language contained within the General Provisions and any additional contract provisions that may impact the dispute.

iv. Every effort shall be made to reach an agreement that is acceptable to all participants.

v. Written summaries of the major points of the dispute shall be prepared.

vi. The State cannot gift public funds and must ensure that any monies or settlement are reasonable, legal, and justifiable.

vii. Department management and/or department legal counsel shall be involved, as appropriate.

b. If the dispute resolution:

i. Requires clarification or change to the contract document, an amendment to document the action shall be prepared and processed expeditiously.

ii. Is unsuccessful, then the contractor must submit a written demand for a final decision to Assistant Deputy Director of Facilities and Development designee. The contractor’s written demand must present all the facts of the dispute and be signed by a company officer.

iii. The Assistant Deputy Director of Facilities and Development or designee shall render a final decision in a timely manner not to exceed 90 days from receiving the bidder’s demand.

If the contractor is not satisfied with the department’s final decision, the contractor may appeal the decision to the Director of the Department of Parks and Recreation, or his designee.