IFB_Event_ID_0000031286_Addendum_3.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

INVITATION FOR BID

Alternative Fuel Vehicles

EVENT ID 0000031286

*October 25, 2024* *Addendum 3*

BIDS ARE DUE BY: October 30, 2024, at 2:00 PM PT

RETURN BID TO:

CMU@dgs.ca.gov

(Contract Reference Number 23-10) PD Reference Only Business Unit (BU): 77601

SCOPE

The State of California, Department of General Services, Procurement Division (DGS-PD) is issuing this Invitation for Bid (IFB) to cover the requirements of the State of California for Alternative Fuel Vehicles. The contract resulting from this solicitation will be mandatory for all State of California Departments and available for use by participating local agencies.

The term of any contract resulting from this solicitation will be for two years. The contract will contain three extension options for one year or portion thereof. If a mutual agreement for a contract extension cannot be met, the contract will expire at the end of the current contract term.

All vehicles offered must be new and the latest model available for order. Used, shopworn, refurbished, demonstrator, prototype or discontinued models are not acceptable.

Any contract executed as a result of this IFB may be amended by mutual consent of the State and the Contractor.

LOCAL GOVERNMENT PARTICIPATION

Local government agencies are defined as “any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology, or services,” reference Public Contract Code (PCC) Section 10298 (a) (b) and 10299 (b). Local governmental agencies shall have the same rights and privileges as the State under the terms of these contracts.

Any local governmental agencies desiring to participate shall be required to submit to the same responsibilities as do State departments and will have no authority to amend, modify or change any condition of these contracts.

CURRENT CONTRACT

The historical value based on expenditures for from the current mandatory statewide contracts, numbers 1-22-23-10B-E, 1-22-23-20B-K, 1-22-23-23B-I, and 1-23-23-22A-D & F-G, for Alternative Fuel Vehicles (electric, plug-in hybrid, and fuel cell), is $19,388,705.00 over the past two years.

METHOD OF AWARD

This solicitation shall be awarded by individual line item. The award will be made to the responsive and responsible Bidder with the lowest cost, including all applicable preference and incentive calculations. *Additionally, the award will be contingent upon Bidder’s compliance with IFB Section 21, Proposed Products and IFB Section 22, Ramp-Up Period for Start-Up Companies.*

The State will not accept bids for vehicles already on Statewide Contracts 1-22-23-10B-E, 1-22-23-20B-K, 1-22-23-23B-I, and 1-23-23-22A-D & F-G. The current vehicles on contract can be found in the Contract Pricing documents on the following webpage: Statewide Contract Fleet Vehicles (ca.gov).

DRAFTS

If the State determines that bids from all Bidders contain material deviations, the State may declare the bids to be draft bids. If bids are declared drafts, the State will issue an addendum to the solicitation document and confidential discussions may be held with the Bidders who wish to continue in the bidding process. Notifying the Bidder of defects is intended to minimize the risk that the final bids will be deemed non-compliant; however, the State will not provide any warranty that all defects in the draft bids have been detected. Notification of defects in the draft bid will not preclude rejection of the final bid, if undiscovered defects contained in the declared draft bid are later found in the final bid. Oral statements made by either party during confidential discussions shall not be binding.

NEGOTIATIONS

The State may elect to enter into negotiations pursuant to Public Contract Code §6611 if conditions exist. Should the State elect to negotiate, the process shall be described in writing and provided to the parties involved prior to commencement of negotiations.

ALTERNATIVE PROTEST PROCESS

This solicitation/acquisition is being conducted under the provisions of the Alternative Protest Process (Public Contract Code Section 12125, et seq.) By submitting a bid or proposal to this solicitation, the bidder consents to participation in the Alternative Protest Process and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5. Link to the Alternative Protest Process regulations.

A Notice of Intent to Award for this solicitation will be publicly posted on the Department of General Services Procurement Division webpage and sent via facsimile to any bidder who submits a written request for notice and provided a facsimile number. DGS/PD webpage link.

During the protest period, any participating bidder may protest the proposed award on the following grounds:

1. For major information technology acquisitions – that there was a violation of the solicitation procedure(s) and that the protesting bidder’s bid should have been selected; or

2. For any other acquisition – that the protesting bidder’s bid or proposal should have been selected in accordance with the selection criteria in the solicitation document.

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 2nd working day after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Fax: 916 / 376-6226 Email: PDProtest@dgs.ca.gov

Within seven working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

Protest bond requirement: bond amount for this Alternative Protest Process shall be 10 percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, Section 1418.

RESPONSIBLE BIDDER

DGS-PD may require Bidders to submit evidence of their qualifications. This includes, but is not limited to, personnel in the numbers and with the skills required, equipment of appropriate type and sufficient quantity, financial resources sufficient to complete performance under the contract, and experience in similar endeavors. If such information is required, the Bidder will be notified to submit the required information. If the State determines the Bidder is not responsible, the bid will be rejected.

BIDDER INSTRUCTIONS

The Bidder Instructions include the Bidder’s and the State’s rights and responsibilities for the bidding process, unless otherwise specified in this solicitation. Bidder Instructions are located at the following link: Bidder Instructions (rev 11/09/2011).

DESIGNTION OF REQUIREMENTS

The State has established certain requirements with respect to bids to be submitted by prospective Contractors. The use of “must,” “shall” or “will” (except to indicate simple futurity) in the IFB indicates a requirement or condition that is mandatory. A deviation, if not material, may be waived by the State. A deviation from a requirement is material if the deficient response is not in substantial accord with the IFB requirements, provides an advantage to one Bidder over other Bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid, amount paid to the Contractor, or on the cost to the State. Material deviations cannot be waived.

The words “should” or “may” in the IFB indicate desirable attributes or conditions but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, even if material, will not in itself cause rejection of the bid.

ADDENDA

In the event that the solicitation is revised by an addendum, Bidder is required to meet all requirements of the most current addendum, including using any updated forms.

The IFB document is not required to be submitted with the bid. This language supersedes DGSPD-451, Bidder Instructions (rev 11/09/2011) Section 3.b., Solicitation Addendum (Addenda).

PROCUREMENT OFFICIAL

The Procurement Official contact information for this IFB is listed below:

Eugene Shemereko Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (279) 946-8028 E-mail: Eugene.Shemereko@dgs.ca.gov Bid Submittal E-mail: CMU@dgs.ca.gov

The Procurement Official shall be the single point of contact. All inquiries and questions must be directed to only this person. Oral communications are discouraged and shall not be binding to the State. Bidders should only rely on written statements issued by the Procurement Official.

Bid submittals shall be sent to the Bid Submittal E-mail address identified above.

BIDDER QUESTIONS

This IFB addresses all requirements that Bidders must meet to be eligible for consideration. Bidders must carefully read the entire IFB, ask appropriate questions in a timely manner, and make sure all procedures and requirements of the IFB are accurately followed and addressed.

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other errors in the IFB, the Bidder shall immediately notify the Procurement Official of such error, in writing, and request clarification or modification of the document.

All questions, comments, and concerns should be immediately directed to the Procurement Official, in writing, no later than four working days prior to bid due date. All questions and/or concerns shall be directed to Eugene.Shemereko@dgs.ca.gov.

CLARIFYING INFORMATION

During the evaluation and selection process the State may ask the Bidder to clarify their submitted response if the bid contains conflicting information regarding a requirement for which compliance cannot be determined. Clarification will not be requested if the Bidder has been deemed non-compliant to other requirements.

Except for clerical errors, the State will not ask clarifying questions for bids where the response to the requirement is non-compliant as this would result in a change to the bid.

AGREEMENT COVER LETTER AND CONTRACT PROVISIONS

All Bidders must complete the Agreement Cover Letter and include it with the bid. The Agreement Cover Letter (which shall be considered an integral part of the bid) shall be signed by an individual who is authorized to bind the bidding firm contractually. An unsigned Agreement Cover Letter shall cause the bid to be rejected.

By signing the Agreement Cover Letter and submitting a bid, Bidder is agreeing to accept all of the terms and conditions of the Non-IT General Provisions (rev 6/21/2022) without addition or modification.

Bidder also agrees to comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California.

SPECIFICATIONS

All Light Duty Vehicles offered must meet or exceed Attachment 2 – Bid Specification 2310-BS-0194616-1 and line-item descriptions in Attachment 1 – Pricing Workbook. All Medium and Heavy Duty Vehicles offered must meet or exceed Attachment 3 – Bid Specification 2320-BS-0194616-2 and line-item descriptions in Attachment 1 – Pricing Workbook.

TECHNICAL LITERATURE

Bidders are required to submit technical literature which should be annotated to specify the applicable page, brand, model, and Contract Line-Item Number (CLIN). Technical literature should be submitted with the bid response. If this documentation is not included in the bid response, Bidder shall provide it within five working days after request from the State Failure to submit literature upon request will result in the bid being considered non-responsive.

TECHNICAL QUESTIONNAIRE

Bidders shall use Attachment 4 – Technical Questionnaire to enter product information for the product the Bidder is proposing. All information and reference material must be complete. Failure to submit the questionnaire with the proposal will result in the proposal being considered non-responsive.

ENVIRONMENTALLY PREFERABLE PURCHASING (EPP)

DGS-PD is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by PCC Sections 12400-12404. By signing the Agreement Cover Letter, the Bidder is certifying that the products offered under this solicitation are in compliance with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms, per PCC Section 12404.

POST-CONSUMER RECYCLED CONTENT CERTIFICATION

State departments are required to report purchases made within 16 product categories in the California Department of Resources Recycling and Recovery’s (CalRecycle) State Agency Buy Recycled Campaign (SABRC) in accordance with PCC Sections 12200-12217.

In order to comply with those requirements, Bidders are required to certify in writing the minimum percentage, if not the exact percentage, of post-consumer recycled content (PCRC) material in each of the products offered as part of this solicitation.

The PCRC Certification Workbook contains the following documents:

· PCRC Percentages Worksheet – Bidder shall complete the PCRC Percentages Worksheet for each product offered.

· Letter of Certification – Bidder shall sign the Letter of Certification certifying that the minimum percentage, if not exact percentage, listed in the PCRC Percentages Worksheet is accurate. The Letter of Certification shall be furnished under penalty of perjury. The Letter of Certification shall be provided regardless of content, even if the products do not contain PCRC.

· Reportable Product Categories Table – This table is provided for informational purposes only and identifies the 16 SABRC reportable product categories.

The Bidder shall complete and submit the PCRC Certification Workbook with the bid or within five working days of request from the state.

During the life of the contract, the Contractor will be required to submit revised PCRC Certification Workbook information if percentages are adjusted or if substitute line items are approved by the State Contract Administrator.

PROPOSED PRODUCTS

Bidders shall propose vehicles for any or all line items in the Fleet Vehicle categories listed below.

· Category 1: Cars

· Category 2: Light Duty Trucks

· Category 3: Light Duty Vans & Sport Utility Vehicles (SUVs)

· Category 4: Medium and Heavy Duty Vehicles

Attachment 1 – Pricing Workbook must be completed in accordance with Section 24, Pricing Workbook.

Please note that the resulting contract(s) is subject to Vehicle Manufacturer Purchasing Restrictions State Administrative Manual (SAM) Section 4121.8.

Please note, state agencies are required to purchase vehicles from Original Equipment Manufacturers that recognize California’s authority to set vehicle emissions standards under Section 209 of the Clean Air Act and have aligned with the California Air Resources Board (CARB) in their commitment to reducing their fleets’ emissions.

*A non-CARB aligned Original Equipment Manufacturer (OEM) vehicle may be awarded a line item under the condition that there are no compliant CARB aligned OEM vehicles bid for that specific line item. If there are two or more non-CARB aligned bidders for the same line and no CARB aligned bidders, the award will be made to the responsive and responsible Bidder with the lowest cost, including all applicable preference and incentive calculations. The OEM must be CARB aligned by the bid due date.*

RAMP-UP PERIOD FOR START-UP COMPANIES

DGS-PD may allow a ramp-up period for start-up companies of up to six months from the contract award date to meet the delivery requirements outlined in Section 63, Delivery Schedules, under the following conditions:

· Start-up company is the only compliant Bidder for a specific line item on Attachment 1 – Pricing Workbook.

· Start-up company agrees that if awarded a contract, the price on any purchase order submitted during the ramp-up period must be honored. No retroactive price adjustments will be accepted.

The start-up company must specify the requested ramp-up period, not to exceed six months, for each line item bid in Attachment 5 – Narrative Response.

PRICING STRUCTURE

Contract line items are defined as Alternative Fuel Vehicles that are commonly purchased by the State. These items will be available for purchase by ordering agencies at a fixed contract price (offered on Attachment 1 – Pricing Workbook) for each vehicle for the applicable line item for delivery in Sacramento County. Prices quoted do not include Federal Excise Tax, the California Tire Fee, the Documentation Fee, or the Electronic Filing Fee. The State reserves the right to eliminate any specific line item from the final award.

PRICING WORKBOOK

Attachment 1 – Pricing Workbook contains the price sheet(s) that the Bidders shall use to enter pricing/discounts for the solicitation. In order to be considered for award, at least one line item in Attachment 1 – Pricing Workbook must be bid. Bidders do not need to bid on all line items. All dollar figures must be entered to no more than two decimal places (e.g., $150.00). All percentages entered shall be whole numbers and not contain any numerals after the decimal point (e.g., 49% is acceptable, 49.3% is not). Any percentages including numerals after the decimal point will be rounded up (e.g., 49.3% will become 50%). Upon award, the Bidder’s proposed products listed on Attachment 1 – Pricing Workbook will be the Contract Line Items (CLINs) under the resultant contract.

Bidders are required to provide the following proposed product information for each line item on the Pricing Workbook proposed by the Bidder:

· Make (OEM)

· Model

· Model Year

· Bidder’s product Stock Keeping Unit Number (SKU#)

· Manufacturer Part Number

· Vehicle List Price/MSRP

· Vehicle Contract Unit Price

· Options Upcharge Percent

Prices quoted shall be all inclusive. Only the prices submitted in the bid response shall be included in the awarded contract. No other fees can be charged to the customer unless otherwise specified in the IFB.

Attachment 1 – Pricing Workbook must be filled out completely for each line-item bidder is proposing or the bid may be rejected. Yellow cells are mandatory and must be completed. Modifying any other cell in any worksheet may disqualify the Bidder.

Bidders shall submit one electronic copy in Microsoft Excel format of the completed Attachment 1 – Pricing Workbook with the emailed bid response.

Failure to submit the Attachment 1 – Pricing Workbook with the bid response shall result in the bid being considered non-responsive. Please refer to the Workbook Key tab for field definitions and additional completion instructions.

QUANTITIES

The quantities shown in Attachment 1 – Pricing Workbook, are representative and used for evaluation purposes only. Actual purchases may vary. The State will not guarantee that these quantities will be purchased. Consequently, there is no guaranteed dollar value for this contract. The State will not be obligated to purchase Contractor’s excess inventory. The State reserves the right to purchase any quantity of any line item from the resulting contract.

SALES TAX

Sales tax is not to be included in the bid response or on Attachment 1 – Pricing Worksheet. If awarded the contract, sales tax should be added at time of invoicing. The sales tax rate applied should be based on the rate of the area where the product is to be registered.

PROMOTIONAL PRICING

During special pricing promotions, the Contractor shall offer State and local agencies the promotional pricing or the discount percentage off list, in accordance with Section 23, Pricing Structure, whichever is lower.

The Contractor shall notify the State Contract Administrator of all promotional pricing changes. Notification shall include at a minimum:

· Promotion start and end dates

· Models, products, and services included in the promotion

· Promotional pricing

Promotional pricing shall not be cause for a permanent change in pricing. Promotional pricing shall not be cause for Contract Refresh.

Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions such as warranty and delivery.

VOLUME DISCOUNTS

Bidders may offer a volume discount per line item. A volume discount will apply to all orders of 10 or more of the same vehicle on the same order. If offered, the volume discount amount shall be indicated on Attachment 5 – Narrative Response. Volume discount offered shall remain available for the entire contract term, including any extension options.

PROMPT PAYMENT CASH DISCOUNT

Bidders may offer any Prompt Payment Cash Discount up to $500 per vehicle for payment within the proposed number of days on Attachment 1 – Pricing Workbook. Proposed payment period of less than 20 days will not be considered.

For this proposal, the cash discount payment period shall begin only after the vehicle has been delivered, inspected, and accepted by the receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, one working day after the date of the State warrant or check.

Any Prompt Payment Cash Discount proposed will be deducted from the Vehicle Contract Price for evaluation purposes only and will not change the actual Vehicle Contract Price.

STATE OF CALIFORNIA EMPLOYEE PRICING FOR PERSONAL USE

In the interest of expanding the California marketplace for Green Vehicles (Zero Emission, Plug-in-Hybrid, and Fuel Cell), the Contractor may offer a discount to any interested State of California Employee when purchasing a Green Vehicle for personal use.

The discount may be offered in any one of the following ways:

· Price offered same as in contract

· Percentage discount off MSRP

· Cash discount

Bidder shall specify in detail any discount offered to State of California employees on Attachment 5 – Narrative Response. Contractor shall notify the Contract Administrator whenever there is any change to the discount or vehicle availability.

NARRATIVE RESPONSE

The IFB includes some items that require a narrative response. Those items have been listed on Attachment 5 – Narrative Response. Bidders shall input narrative responses on the attachment only, and only for the items requested. If necessary, Bidders may add pages to the attachment to further explain their response.

Bidders shall not input narrative responses within the IFB document, nor should narrative responses be included for items the State did not list on Attachment 5 – Narrative Response. Attachment 5 –Narrative Response shall be included with the bid.

SELLER PERMIT AND SECRETARY OF STATE

Bidders are required to provide their Seller’s Permit number and, if a corporation or limited liability company, their Secretary of State (SOS) certification number on Attachment 5 – Narrative Response.

A copy of the Seller’s Permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the California Department of Tax and Fee Administration (CDTFA) must be provided within five working days after request from the State or bid may be deemed non-responsive.

SOS certification must be approved and in “Active” status prior to award of any contract. If a Bidder’s SOS certification is not in “Active” status on the bid submission due date, the Bidder will have five working days after notification from the State to provide an “Active” SOS certification.

STATE OF CALIFORNIA DEALER LICENSE NUMBER

Bidders must provide a current state Vehicle Dealer License Number on Attachment 5 – Narrative Response unless meeting the exemption criteria in the Department of Motor Vehicles Vehicle Industry Registration Procedures Manual, Chapter 2, Section 2.025 Dealer (VC §285).

AUTHORIZED DEALER

If the Bidder is not the Original Equipment Manufacturer (OEM) of the vehicle being proposed, the Bidder must provide, on OEM company letterhead and signed by an authorized OEM representative, documentation identifying the Bidder as an authorized OEM dealer. The Authorized Dealer letter should be submitted with the bid response. If this document is not included in the bid response, Bidder shall provide it within five days after request from the State. Failure to submit required information may result in the bid being considered non-responsive. The State has the option to follow-up and verify any Authorized Dealer letter.

CUSTOMER REFERENCES

Prior to award, at the State’s sole discretion, Bidder may be required to submit customer references in order to demonstrate to the State that the Bidder can provide Alternative Fuel Vehicles and can handle the anticipated spend for this solicitation.

Customer References must be for the dealership submitting the bid. Customer references for independent contractors working with the bidding dealership will not be accepted. Customers are defined as end-users of the product. References from a contractor for which the Bidder did sub-contract work are not acceptable.

Customer references shall:

· Be for work performed within the last five years prior to bid submission due date

· Be for similar product (i.e., sale and distribution of Alternative Fuel Vehicles) to that requested in this IFB

· In total, must be valued at or above $200,000.00. An accumulation of orders from a single customer or multiple references from different customers totaling the applicable minimum value is acceptable.

· Confirm that the Bidder’s overall performance of contract requirements was, at minimum, satisfactory.

References from the DGS-PD are not acceptable. References for transactions against California Statewide Contracts or other Leveraged Procurement Agreements must be from an ordering department.

If requested, the State will provide the Bidder with the Customer Reference Form. Customer references must be provided on this form only. References submitted in any other format will not be considered. Bidder shall submit Customer Reference Forms within 10 working days after notification from the State.

The State may contact customer references to verify the information on the submitted forms. Failure to submit compliant references may result in rejection of the bid.

DECLARATION FORMS

All Bidders must complete the Bidder Declaration Form (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.

If a Bidder proposes the use of a subcontractor for a portion of the contract, the Bidder agrees that all requirements will be adhered to and that requirements will apply to subcontractors. All subcontractors must comply fully with the administrative and technical requirements that are applicable with the portion of the work being delegated to the subcontractor.

Bidders and any subcontractors 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 Disabled Veteran Business Enterprise Declaration Form DGS PD 843. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form. The completed form should be included with the bid response.

SOCIOECONOMIC PROGRAMS

This solicitation may include the following socioeconomic programs:

A. Disabled Veteran Business Enterprise (DVBE) Program Requirements and DVBE Incentive B. Small Business Preference C. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) D. Non-Small Business Subcontractor Preference E. Target Area Contract Preference Act (TACPA) Preference

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

The Contractor must notify the State Contract Administrator by written notification of any proposed changes in the SB and/or DVBE subcontractors made during the term of the contract. Changes cannot be made without State Contract Administrator approval.

If claiming SB and/or DVBE participation, the relevant Bidder and/or subcontractor must be certified by California as a SB and/or DVBE. 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. PT on the bid due date, and the OSDS must be able to approve the application as submitted.

1. Disabled Veteran Business Enterprise (DVBE) Program Requirements and DVBE Incentive:

This solicitation does not require a minimum DVBE participation percentage. The DVBE participation requirement has been waived.

This solicitation provides an incentive for DVBE participation. California DVBE Bid Incentive Instructions include information about the DVBE incentive. If applicable, Bidders must claim this incentive on Attachment 5 – Narrative Response. The DVBE Incentive Table listed below supersedes the table in the California DVBE Bid Incentive Instructions.

Small Business Preference A 5 percent bid preference is available to Bidders certified as a small business in accordance with GC 14835 et seq. If applicable, Bidders must claim this preference on Attachment 5 – Narrative Response.

The Small Business regulations concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals can be viewed in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et seq.).

Small Business Nonprofit Veteran Services Agencies (SB/NVSA) SB/NVSA prime Bidders meeting requirements specified in the Military and Veterans Code (MVC) Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5 percent small business preference. If applicable, claim the preference on Attachment 5 – Narrative Response. SB/NVSAs 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 the OSDS at (916)375-4940.

Non-Small Business Subcontractor Preference A 5 percent bid preference is available to a non-small business claiming 25 percent California Certified small business subcontractor participation. If applicable, claim the preference on Attachment 5 – Narrative Response.

Target Area Contract Preference Act (TACPA) Preference This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid.

Bidders desiring to claim the TACPA preference are encouraged to carefully review the TACPA forms, requirements, and submittal instructions. Bidders must complete and submit all applicable preference program forms (Standard Form 830, Bidder’s Summary form, and Manufacturer’s Summary) to be considered for a preference.

The State as part of its evaluation process reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from Bidders, manufacturers, subcontractors, and any other sources available at the time of bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State’s request may result in the denial of the preferences requested.

Contracts awarded with the applied preference will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce the preference program.

Any questions regarding the TACPA preference should be directed to TACPA@dgs.ca.gov.

COMMERCIALLY USEFUL FUNCTION (CUF)

Suppliers, whether the Bidder or a subcontractor, who have a California certification for one or more of the socio-economic programs (i.e., small business or DVBE), must perform a Commercially Useful Function (CUF) in the resulting contract. CUF is defined in the Military and Veterans Code Section 999(b)(5)(B) for DVBEs and in the Government Code Section 14837(d)(4)(A) for small business as consisting of all of the following:

· Responsibility for the execution of a distinct element of the work

· Actually performing, managing, or supervising the work

· Performing work that is normal for its business services and functions

· Not further subcontracting work that is greater than that expected by normal industry standards

· Responsible, with respect to any products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing (if applicable), and making payment

Bidders shall describe in detail how each certified SB and/or DVBE, whether the Bidder or a subcontractor, meets the CUF criteria on Attachment 5 – Narrative Response, in accordance with Section 40, Distribution Plan.

A Contractor, subcontractor, or supplier is not considered to perform a CUF if their role is limited to that of an extra participant through which funds are passed in order to obtain the appearance of participation.

At the State’s option, Bidders may be required to submit additional written clarifying information regarding CUF. Failure to submit the requested written information, as specified, may be grounds for rejection of the bid.

SUBCONTRACTOR CUF REQUIREMENTS

Only the Subcontractor Task outlined in the table below will be considered a distinct element of the work and no more than the corresponding percentages may be claimed for the task for the purpose of applying a preference or incentive. Percentages may be lower on individual purchase orders.

DISTRIBUTION PLAN

Bidder shall describe in detail their Distribution Plan on Attachment 5 – Narrative Response. The Distribution Plan should be the Bidder’s written plan for distribution of the products. The plan must clearly show distribution from the manufacturer to the end user, including all points in between specific to the resulting contract only, and the role that the Bidder, as the Contractor of record, will play in the distribution.

This plan should clearly identify all parties, including any subcontractor, DVBE and/or small business participants involved in the execution of this contract and their responsibilities. Work performed by a Bidder or a subcontractor who is a California certified Small Business and/or DVBE must perform a CUF.

DARFUR CONTRACTING ACT

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

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (Public Contract Code Section 10477(a)), unless written permission from the Director of DGS to bid on this procurement has been granted (Public Contract Code Section 10477(b)).

A Bidder is required to submit a completed Darfur Contracting Act form if their company currently or within the previous three years has had business activities or other operations outside of the United States. The Darfur Contracting Act form should be submitted with the bid response. If this document is not included in the bid response, Bidder shall provide it within five working days after request from the State. Failure to submit required information will result in the bid being considered non-responsive.

If a Bidder has not conducted business outside of the United States in the last three years, this section does not apply. Bidders shall submit their response on Attachment 5 – Narrative Response.

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to PCC Section 2010, any Bidder entering into or renewing a contract over $100,000 on or after January 1, 2017, shall certify all of the following:

A. That they are in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code).

B. That they are in compliance with the California Fair Employment and Housing Act (FEHA) (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

C. (1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations, or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

Bidders are required to submit the California Civil Rights Laws Certification form with the bid response. Failure to submit this form will result in the bid being considered non-responsive.

IRAN CONTRACTING ACT

Pursuant to the Iran Contracting Act of 2010 (PCC Sections 2200 through 2208 are “the Act”), vendors are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the state for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities in Iran, as defined in the Act. Prior to submitting a bid or proposal and prior to executing any state contract or renewal for goods or services of one million dollars ($1,000,000) or more, a vendor must complete and return the attached Iran Contract Act Certification form with their bid response certifying that it is not on the list of ineligible vendors prohibited from doing business with the State of California.

Bidders are required to submit the Iran Contracting Act Certification with the bid response. Failure to submit this form will result in the bid being considered non-responsive.

FEDERAL DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY CERTIFICATION

Expenditures from this contract may involve Federal funds. The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the contract file, a certification by the Contractor that they have not been debarred nor suspended from doing business with the Federal government. Bidders must submit the Federal Debarment Certification form with the bid response. If this document is not submitted with the bid response, Bidder shall provide it within five working days after request from the State. Failure to submit this form will result in the bid being considered non-responsive.

EXECUTIVE ORDER N-6-22 – RUSSIAN 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.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION 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.

Bidders must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder. The GenAI Disclosure & Factsheet form should be submitted with the bid response. If this document is not included in the bid response, Bidder shall provide it within five working days after request from the State.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet (STD 1000) will result in disqualification of the Bidder and may void any resulting contract. The State reserves the right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder’s GenAI Disclosure & Factsheet the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids that present an unacceptable level of risk to the State.

PAYEE DATA RECORD

The Bidder to be awarded this contract will be required to complete and sign a Payee Data Record (STD 204) prior to contract award.

TAX DELINQUENCY

Pursuant to the Public Contract Code Section 10295.4, prior to executing any State contract or renewal for non-IT goods or services, the contracting department must verify that the Bidder is not on either of the prohibited lists below. If Bidder is on either list, they will be ineligible for contract award.

FTB Top 500 Delinquent Taxpayers

CDTFA Top 500 Sales & Use Tax Delinquencies in California

INSURANCE REQUIREMENTS

The Contractor must maintain in force applicable insurance in accordance with the Non-IT General Provisions (rev 6/21/2022), Article 21 entitled “Insurance.” Contractor shall furnish an insurance certificate evidencing required insurance coverage acceptable to the State within five working days of request.

PRODUCT SUBSTITUIONS/DISCONTINUED ITEMS

The vehicles proposed to meet the requirements of this IFB must be available throughout the duration of the contract term. If, during the life of the contract, a contract vehicle is discontinued, the Contractor shall notify the State Contract Administrator in writing and propose a comparable substitute product or configuration at least 30 calendar days prior to vehicle discontinuation. The State Contract Administrator will review the substitute vehicle and determine acceptability.

Once the substitute vehicle has been approved, the State Contract Administrator will provide written approval to the Contractor to update contract item information. These changes will be made in the form of a contract supplement.

The Contractor will maintain the contract discount as bid throughout the original term of the contract and any extension, including upon approved substitution.

If no substitute product is available that meets or exceeds the specifications due to fundamental technology or market change, the State may alter the configuration requirements to meet the updated marketplace standards. Obsolescence of a configuration may be determined at the State’s discretion.

Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:

· Amend purchase document to reflect State-approved substitute item

· Cancel the item from the order

The Contractor shall not substitute products or configurations or modify contract website information without written approval from the State Contract Administrator.

PRICE ADJUSTMENTS

All prices shall be firm fixed for the contract term, including any optional year extensions, unless a price adjustment is granted.

A price increase may be requested with each new model year and must be submitted in writing 30 calendar days prior to the adjustment date. Requests must include supporting documentation of price adjustments at the manufacturing level. A price increase request of more than 3 percent will not be accepted. In the event of a major vehicle change, or unusual market circumstances, a price increase of more than 3 percent may be considered. Price increases will be reviewed and evaluated on a quarterly basis.

Contractor must price protect the contracted price for the duration between the price increase request and the time the increase is processed. If the Contractor is unable to honor the price protection, the Contractor’s vehicle will be unavailable for ordering until the price increases have been evaluated and approved.

Each line-item discount percentage established in Attachment 1 – Pricing Workbook shall not decrease during the contract term including any extension periods. Price adjustments shall not produce a higher profit margin for the Contractor than that established in the original contract pricing. No price adjustments shall apply to quantities ordered from the contract prior to the effective date of the price adjustment.

Upon receipt of such notice, the state reserves the right to:

a. Accept the adjustment as competitive with the general market price at that time; or

b. Negotiate proposed price adjustments. Note: The state will notify the Contractor, in writing, its desire to negotiate; or

c. Deny adjustment request and continue with current contract prices; or

d. Cancel the contract’s unpurchased balance without prejudice, effective upon written notice from the state.

Note: If negotiations fail to produce any agreement, the state reserves the right to exercise Options a or d with an effective date no later than 10 working days after unsuccessful negotiations.

OPTIONS

All factory options shall be available and priced at dealer cost plus up to 10 percent for an addition or dealer cost minus up to 10 percent for a deletion in accordance with the manufacturer’s current model year price list.