IFB-FTB-1516-C1500164.pdf

STATE OF CALIFORNIA

FRANCHISE TAX BOARD

Business Acquisitions Unit P.O. Box 2086, Mailstop A374

Rancho Cordova, CA 95741-2086

(916) 845-7199 FAX (916) 843-1098

INVITATION FOR BID NOTICE TO PROSPECTIVE BIDDERS February 17, 2016

You are invited to review and respond to the attached Invitation for Bid (IFB), entitled "Floor Mat Rental Service"

- BID LOG IFB-FTB-1516-C1500164. The Franchise Tax Board (FTB) is asking that in submission of your bid, you comply with all instructions herein:

I. GENERAL INFORMATION:

All bids/protests/requests for additional information must be submitted as follows:

All bids must be submitted in the enclosed envelope or under sealed cover and plainly marked "BID FOR FLOOR MAT RENTAL SERVICE - DO NOT OPEN". Bids not submitted under sealed cover will be rejected.

All bids shall include; i.e., signed sheet entitled "Bid", Cost Sheet, and any other required attachments. Bids not including the proper "Required Attachments" shall be ruled non-responsive which means the bid did not meet the basic bid requirements.

The bid addresses for:

Overnight Deliveries and Hand Delivery (UPS, Express Mail, Federal Express)

Franchise Tax Board Attn: TaNita Martinez

Business Acquisitions Unit 9646 Butterfield Way, Mailstop A374

Sacramento, CA 95827

In the opinion of Franchise Tax Board, this Invitation for Bid is complete and without need of explanation.

Should clarifying information be needed, the contact person for this IFB is TaNita Martinez, Acquisitions Analyst, at (916) 845-7199 or TaNita.Martinez@ftb.ca.gov. However, no information given will be binding upon the State unless such information is issued as an official written addendum.

U.S. Postal Service Deliveries Franchise Tax Board Attn: TaNita Martinez

Business Acquisitions Unit P.O. Box 2086

Rancho Cordova, CA 95741-2086

BETTY T. YEE

Chair

JEROME E. HORTON

Member

MICHAEL COHEN

Member mailto:TaNita.Martinez@ftb.ca.gov

II. TIME SCHEDULE:

Contractor shall adhere to the timetable noted here:

Activity

Dates and Times

1. IFB available to prospective Bidders February 17, 2016

2. Bidder Questions Due Date 4:00PM (PT) February 23, 2016

3. FTB Response to Bidder Questions Due Date February 25, 2016

4. Facility walk through (Optional) 1:30PM (PT) February 26, 2016

5. Bid Responses are due by 3:00PM (PT) March 3, 2016

6. Bid opening to be held 10:00AM (PT) – Location: FTB Town Center Cafeteria

March 8, 2016

7. Official Award of Agreement to successful Bidder* March 10, 2016

8. Agreement development, processing and approval and commencement of performance*

March 15, 2016

9. Termination of Agreement* March 14, 2018

Please contact TaNita Martinez at 916.845.7199 or TaNIta.Martinez@ftb.ca.gov if you plan to attend the facility walk through and/or bid opening.

“*” Date subject to change

III. LOCATION FOR PERFORMANCE OF WORK:

Franchise Tax Board 9646 Butterfield Way Sacramento, CA 95827

TaNita Martinez Contract Analyst Business Acquisitions Unit Franchise Tax Board mailto:TaNIta.Martinez@ftb.ca.gov

III. PURPOSE AND DESCRIPTION OF SERVICES:

The purpose of this Invitation for Bid is to solicit bids from qualified bidders to provide the Franchise Tax Board (FTB) Floor Mat Rental Services. To prevent employee and visitor injury related to trips and falls upon entering or exiting FTB’s Central Office campus, the Facilities Management Section and Health & Safety Section are requesting mat rental service. FTB currently does not have enough mats available which creates slipping hazards as a result of excess water that is not being absorbed by the material of the mat. The current mats do not adhere to the building’s floor laminate or tiles, which cause them to bunch up or curve at the ends, and are not maintained for cleanliness or monitored for wear and tear. Furthermore, the current mats are difficult for staff with disabilities to maneuver.

The services requested are for all labor, equipment, and materials required for the rental and maintenance of nineteen (19) 3’ x 10’ and twelve (12) 4’ x 6’ floor mats. These mats shall meet the standards and qualifications that are required by the Americans with Disabilities Act (ADA), National Floor Safety Institute (NFSI), and Leadership in Energy and Environmental Design (LEED); while also being maintained for cleanliness and repair on a continual basis. Services shall be scheduled on a weekly basis.

These services will be at all entrances with laminate and tile flooring and turnstiles at the FTB Central Office campus located at 9646 Butterfield Way, Sacramento, CA, 95827. These entrances include: the California Town Center, Northeast Lobby, Northwest Lobby, Southeast Lobby, Southwest Lobby, and the Los Angeles building’s lobbies. Note: The Los Angeles building is the name of one of the buildings located on this campus.

Invitation for Bid Bid Log # IFB-FTB-1516-C1500164

PREFERENCE PROGRAMS

1. Disabled Veteran Business Enterprise Program (DVBE) Participation Requirement

For the purpose of this solicitation, the DVBE participation requirement has been waived due to a low DVBE potential bidder pool for these services.

2. DVBE Incentive

In accordance with Section 999.5(a) of the Military and Veteran Code, an incentive will be given to bidders who provide one percent (1%) or more DVBE participation. The incentive amount is based on the amount of DVBE participation obtained. Bidders must document DVBE participation commitment by completing and submitting a Bidder Declaration, GSPD-05-105, (located on page #9 of this document).

Bids or proposals (hereafter called “bids”) that fail to submit the required form to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive. Bidders must complete and return all the appropriate pages in order for the bid to be considered responsive.

Please see attached link for DVBE Bid Incentive Instructions:

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-DVBEIncentivePkg.pdf

A DVBE incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply a DVBE Bid incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration, GSPD-05-105 and confirmed by the State. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

The following percentages will apply for awards based on low price.

The following table will be used for this solicitation:

Confirmed DVBE Participation of: Incentive Amount:

3% - and above 3%

2% - 2.99% 2%

1% - 1.99% 1%

Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed 15% or $100,000, whichever is less.

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-DVBEIncentivePkg.pdf

(Continued)

3. Small Business Preference

a. Section 14835 et seq. of the California Government Code requires that a 5% preference be given to bidders who qualify as a small business or bidders who qualify as a non-small business claiming at least 25% California certified small business subcontractor participation. The rules and regulations of this law, including the definition of a small business, or qualifying non-small business, are contained in Title 2, California Code of Regulations, Section 1896 et seq. The definition of nonprofit veteran service agencies qualifying as a small business is contained in Section 999.50 et seq. of the Military and Veterans Code. Attachment 2, Bid/Bidder Certification, contains appropriate fields for indicating whether a bidder is claiming the Small Business preference.

b. 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.

4. Non-Small Business Subcontractor Preference

a. A five percent (5%) bid preference is now available to a non-small business that commits to subcontracting at least 25% of the net bid price with one or more California certified small business(es). If claiming the non-small business subcontractor preference, the bid response must include a complete list of the certified small business(es) with which you commit to subcontract an amount of at least 25% of the net bid price. Each listed certified small business must perform a “commercially useful function” in the performance of the Agreement as defined in Government Code section 14837(d)(4).

b. The required list of California certified small business subcontracts must be attached to the bid response and must include the following: 1) subcontractor name; 2) address; 3) phone number; 4) a description of the work to be performed and/or products supplied; 5) and, the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor. This requirement may be met by completing and submitting the Bidder Declaration Form GSPD 05-105, see Attachment 7.

c. Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (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 Certification (OSDC) no later than 5:00 p.m. on the bid due date, and the OSDC must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDC at (916) 375-4940.

5. Small Business Non-profit Veteran Service Agency (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 five percent (5%) small business preference.

http://www.pd.dgs.ca.gov/smbus

6. Small Business Certification

a. 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. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

b. 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 the OSDS at (916) 375-4940.

DEFINITIONS

Small Business Enterprise Preference:

The following is the definition of "Small Business". Any business which does not meet the requirements will be considered non-small.

"Small Business" as used with regard to an agreement for the purchase, lease or rental (with option to purchase) of goods means:

(1) A business concern which has requested the status of Small Business and has been approved as such by the Small Business and DVBE Certification.

(2) Is not, together with any affiliate(s) dominant in its field of operation.

(3) Is independently owned and operated, with the principal place of business located in California and the officers in the case of a corporation, or owners in all other cases, of such business domiciled in California.

(4) A non-manufacturer shall qualify as a Small Business if it is classified by the Small Business and DVBE

Certification in one of the industry groups and its annual receipts (including the receipts of all affiliates) in the aggregate, for the proceeding three years, do not exceed the maximum receipts specified for the applicable industry group. Refer to California Code of Regulations, Title 2, Subchapter 8, Article 1, Section 1896 (m,1-4).

HOW THE FIVE PERCENT PREFERENCE WORKS

To help small businesses be more competitive, those verified as Small Business are granted a preference in an amount equal to five percent of the lowest responsible bid if the low bid has been submitted by a bidder who is not verified as a small business.

BID REQUIREMENTS AND INFORMATION

A. SUBMISSION OF BID

1. All bids are to be sent to the Franchise Tax Board and must be received as indicated in Item II, Time Schedule. All bids must be addressed as listed in Item I General Information.

2. All bids must be submitted in the envelope provided or under sealed cover. The sealed cover must be plainly marked with the IFB title, number, and must show your firm name and address.

3. Bids not submitted under sealed cover will be rejected.

4. Bid must be submitted for the entire service described therein. Deviations from specification will not be considered and will be cause for rejection of bid.

5. A bid may be rejected if conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with the objectives if awarded the Agreement.

6. Costs for developing bids and in anticipation of award of the Agreement are entirely the responsibility of the bidder and shall not be chargeable to the State of California.

7. This IFB shall be signed by an individual who is authorized to bind the bidding firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid shall be rejected.

8. A Bidder may modify a bid after its submission by withdrawal and resubmitting prior to the bid opening date. Modification offered in any other manner, oral or written, will not be considered.

9. A Bidder may withdraw his bid by submitting a written request for its withdrawal to the State, signed by the bidder or an agent authorized in accordance with Paragraph 6 above. A bidder may thereafter submit a new bid prior to such bid submission time. Bids may not be withdrawn without cause subsequent to bid submission time.

10. FTB may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties, who received a bid package.

11. If all bids are too high, the Department is not required to award an Agreement.

12. Bids are public upon bid opening, however, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's proposal shall be held in the strictest confidence until bid is awarded. The content of all working papers and discussions relating to the bidder's proposal shall be held confidential indefinitely unless the public interest is best served by an items disclosure because of its direct pertinence to a decision, agreement, or the evaluation of the bid. Any disclosure of this subject by the bidder is a basis for rejecting this proposal and ruling him/her ineligible to further participate.

13. Bidders are cautioned to not rely on the State, during the evaluation to discover and report to the bidder all defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements.

14. Bidder should carefully examine site of work and specifications. Bidder shall investigate conditions, character, quality of surface, or subsurface materials or obstacles to be encountered. No additions to the Agreement amount will be made because of lack of examinations of site work and specifications.

BID REQUIREMENTS AND INFORMATION

B. EVALUATION AND SELECTION PROCESS

1. The State will put each bid through a process of evaluation to determine the responsiveness of bidders to the State's needs. The final selection will be made on the basis of the lowest qualified bid.

2. Bids which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

3. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

C. DISPOSITION OF BIDS

All documents submitted in response to this IFB will become the property of the State of California and may be returned only at the bidder's expense.

D. STANDARD CONDITIONS OF SERVICE

1. Service shall be available not later than five (5) days, or on the express date set by FTB and the Contractor, after all approvals have been obtained and Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, FTB, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement, assess FIVE HUNDRED ($500.00) DOLLARS for administrative costs of rebidding the work. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second low bidder or by another Contractor.

2. All performance under the Agreement shall be completed on or before the termination date of the

Agreement.

3. The State will not accept indemnity language from a prospective contractor. The only acceptable indemnity language is that which is listed in Exhibit C, General Terms and Conditions paragraph (5) five (Refer to Proposed Agreement).

4. Evaluation of contracted services shall be completed by FTB not later than thirty (30) days after termination of the Agreement.

5. No oral understanding or agreement not incorporated in the executed Agreement shall be binding on either party to the Agreement.

E. REQUIRED ATTACHMENTS

Refer to the following pages for additional Required Attachments that are a part of this agreement.

ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package. Failure to return all required forms may cause your bid to be rejected.

Attachment Attachment Name/Description

_____ Attachment 1 Required Attachment Check List*

_____ Attachment 2 Bid/Bidder Certification Sheet*

_____ Attachment 3 Cost Bid Worksheets*

_____ Attachment 4 Bidder References

_____ Attachment 5 Commercially Useful Function, if applicable*

_____ Attachment 6 Payee Data Record (STD 204)*

_____ Attachment 7 Bidder Declaration Form*

_____ Attachment 8 DVBE Declaration Form, if applicable*

_____ Attachment 9 Contractor Certification Clauses (CCC-307)*

_____ Attachment 10 Darfur Contracting Act Certification*

*These documents are mandatory and required to be submitted with the bid package.

ATTACHMENT 2

(Page 1 of 2)

BID/BIDDER CERTIFICATION SHEET

(Refer to the instructions on the next page.)

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

F. Our all-inclusive bid is submitted as detailed in Attachment 2, Bid/Bidder Certification Sheet.

G. All required attachments are included with this certification sheet.

H. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document.

The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Rejection.

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

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

a. California Small Business

Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your certification number below:

OUR FIRM HAS MET THE REQUIRED DVBE PARTICIPATION AS STATED IN ATTACHMENT # OF THIS IFB

PARTICIPATION GOAL MET: Yes No , Does not apply, Goals set at 0%

By checking “Yes below, the Bidder certifies and claims credit for achieving a 1% - 3% (or more) DVBE participation.

DVBE INCENTIVE CLAIMED Yes ____% No

By checking “Yes below, the Bidder certifies and claims credit for achieving a 25% (or more) Non-SB participation.

NON-SB PREFERENCE CLAIMED Yes ____% No

Our firm is not certified as a small business but commits to subcontracting at least twenty-five percent (25%) of its net bid price to businesses that are California certified small businesses and/or microbusinesses.

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes.”

Date application was submitted to OSDS, if an application is pending:

ATTACHMENT 2

(Page 2 of 2)

COMPLETION INSTRUCTIONS FOR BID/BIDDER CERTIFICATION SHEET

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item Number Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one (1) person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two (2) or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13 Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your certification number on the line. If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT 3

BID COST SHEET

BIDS SUBMITTED WITHOUT THIS COST SHEET WILL BE REJECTED. The bid cost data shall be provided based on the information indicated below:

Our cost to the Franchise Tax Board for Bid Log # IFB-FTB-1516-C1500164 is as follows:

YEAR ONE 03/15/2016* – 03/14/2017

DESCRIPTION

QUANTITY

REPLCAMENT

CHARGE

WEEKLY RENTAL

AMOUNT PER

ITEM

Floor Mat - Steady Step, (3 feet x 10 feet) - Black

19 $ $

Floor Mat - Steady Step, (4 feet x 6 feet) - Black

12 $ $

YEAR ONE TOTAL BID PRICE

“*” Date subject to change

YEAR TWO 03/15/2017 – 03/14/2018

QUANTITY

AMOUNT PER

ITEM

Floor Mat - Steady Step, (3 feet x 10 feet) - Black

19 $ $

12 $ $

YEAR TWO TOTAL BID PRICE

TOTAL QUOTE/BID COST (Year 1 and Year 2) $

The estimated quantity indicated above will be used solely for the purpose of computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency (FTB). However, the actual costs quoted above by the bidder shall be binding for the term of the Agreement.

Indicate billing cycle. (Note: All services performed are paid in arrears according to billing cycle indicated below.)

Monthly Quarterly Semi-Annually Annually

ATTACHMENT 4

BIDDER REFERENCES

Submission of this attachment is optional. Failure to complete and return this attachment with your bid will not cause your bid to be rejected and deemed nonresponsive.

List below three references for services performed within the last five years, which are similar to the scope of work to be performed in this contract.

REFERENCE 1

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 2

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code

Contact Person Telephone Number

ATTACHMENT 5

COMMERCIALLY USEFUL FUNCTION DOCUMENTATION

All certified Small Business, Microbusiness, and/or DVBE contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code, Section 14837(d)(4) (for SB) and Military and Veterans Code, Section 999(b)(5)(B0 (for DVBE).

Please answer the following questions, as they apply to your company for the goods/services being acquired in this procurement.

Will your company be responsible for the execution of a distinct element of the resulting purchase order? Yes___ No___

Will your company be actually performing, managing, or supervising an element of the resulting purchase order? Yes___ No___

Will your company be performing work on the resulting purchase order that is normal for its business, services, and functions? Yes___ No___

Will your company be responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment? Yes___ No___

Will there be any subcontracting that is greater than that expected to be subcontracted by normal industry practices for the resulting purchase order? Yes___ No___

A response of No in questions 1-4, or a response of “Yes” in question 5, may result in your bid being eliminated from consideration At the State’s option prior to award, bidders may be required to submit additional written clarifying information.

ATTACHMENT 6

PAYEE DATA RECORD

Upon award of the Agreement(s), Contractor agrees to complete and return the form Std. 204, Payee Data Record, to determine if the Contractor is subject to a seven percent (7%) State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

Payments to nonresidents may be subject to withholding. Please refer to reverse side of Payee Data Record or, for complete details, please see the applicable forms and instructions found on FTB’s Nonresident Withholding page.

No payment shall be made unless this form has been returned completed.

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

ATTACHMENT 7

BIDDER DECLARATION (GSPD-05-105) (EST. 8/05)

Declaration Forms: All Bidders should 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.

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. Please refer to the following URL for more information:

http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf https://www.ftb.ca.gov/individuals/wsc/withholding.shtml https://www.ftb.ca.gov/individuals/wsc/withholding.shtml http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf

ATTACHMENT 8

DVBE DECLARATION FORM Std. 843

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) should 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 quotation/bid response. Please refer to the following URL for more details:

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843.pdf

ATTACHMENT 9

CONTRACTOR CERTIFICATION CLAUSES (STD. CCC-307)

The attached Contractor Certification Clauses (STD CCC-307) provides the definitions to the standard contract language in this solicitation. Please sign and return this form as required in Attachment A, Bid Certification Sheet. The URL is listed below.

http://www.documents.dgs.ca.gov/pd/masters/EPAY/Elavon/ElavonExhibitC-CertificationCCC-307.pdf

ATTACHMENT 10

DARFUR CONTRACTING ACT CERTIFICATION

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.

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

http://www.documents.dgs.ca.gov/pd/poliproc/darfurcert072010.doc http://www.pd.dgs.ca.gov/smbus http://www.documents.dgs.ca.gov/pd/poliproc/STD-843.pdf http://www.documents.dgs.ca.gov/pd/masters/EPAY/Elavon/ElavonExhibitC-CertificationCCC-307.pdf http://www.documents.dgs.ca.gov/pd/poliproc/darfurcert072010.doc

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

Franchise Tax Board

CONTRACTOR'S NAME

(PROPOSED CONTRACTOR)

2. The term of this

Agreement is: March 15, 2016, or date of approval, whichever is later through March 14, 2018

3. The maximum amount $ of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work 4 pages

Exhibit B – Budget Detail and Payment Provisions 2 pages

Exhibit C* – General Terms and Conditions GTC610

Check mark one item below as Exhibit D:

Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) 2 pages

Exhibit - D* Special Terms and Conditions

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

(PROPOSED CONTRACTOR)

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: SCM Vol. 1, 4.04.A.2

ADDRESS

P.O. Box 2086, Rancho Cordova, CA 95741-2086 http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

EXHIBIT A

SCOPE OF WORK

SUMMARY

Contractor agrees to provide to Franchise Tax Board (FTB) all labor, equipment, and materials required for the rental and maintenance of floor mats. The Contractor shall provide floor mats for usage by FTB employees and visitors, located at the FTB Central Office campus, when performing work in compliance with health and safety requirements. Services shall be scheduled on a weekly basis.

LOCATION

The services shall be performed at all entrances with laminate and tile flooring and turnstiles at the FTB

Central Office campus located at 9646 Butterfield Way, Sacramento, CA, 95827. These entrances include: the California Town Center, Northeast Lobby, Northwest Lobby, Southeast Lobby, Southwest

Lobby, and the Los Angeles building’s lobbies. Note: The Los Angeles building is the name of one of the buildings located on this campus.

WORK HOURS AND DAYS OF THE WEEK

All work shall be scheduled and performed between the hours of 8:00a.m. - 5:00p.m., Monday through

Friday – excluding state Holidays. In the event working hours and/or days need to be adjusted, the changes must be approved in writing by the Facilities Management Section representative prior to the work taking place. Any unapproved work shall be considered performed at the Contractor’s own expense.

SPECIFICATIONS

Contractor shall provide floor mats for placement inside and outside of the FTB main campus as determined and requested by the Facilities Management Section (FMS).

A. Floor Mat Sizes

Contractor shall provide mats in the two (2) sizes listed below.

1) Floor mat (3 feet x 10 feet) – Steady Step Mat

2) Floor mat (4 feet x 6 feet) – Steady Step Mat

B. Floor Mat (Steady Step)

1) Commercial grade – for use in high traffic areas where rolling brief cases or carts are frequently utilized.

2) Durable 100% nylon pile in a window pane pattern.

3) Soft Nitrile durable backing.

4) 100 mil thick with 21 oz. pile.

5) Molded-in suction cups to keep mat in place on smooth surfaces.

6) Water-absorbent and stain resistant

7) Americans with Disabilities Act (ADA) compliant

8) National Floor Institute (NFSI) certified to aid in the prevention of slips, trips, and falls.

9) Or State approved equal

All floor mats must be free of rips and tears.

EXHIBIT A

SCOPE OF WORK (Continued)

C. Floor Mat Quantity

The initial quantity needed is established by the mutual agreement between Contractor and FTB.

The month of June, July, and August have been determined as Summer months which may not require the usage of as many mats.

1) Step Steady Floor mat (3 feet x 10 feet) – nineteen (19)

2) Step Steady Floor mat (4 feet x 6 feet) – twelve (12)

D. Service

Cleaned floor mats shall be of the same size as the soiled mats and in good condition (free of rips and tears) when returned and delivered to each location.

The exact number of floor mats outlined in the Agreement shall be picked up and replaced. These limits cannot be changed without specific written authorization by Facilities Management Section

Supervisor or State’s designated representative.

Floor mats shall be picked up and placed back in exact location where originally removed from inside or outside of building. The designated areas shall be clearly identified and mutually agreed upon when service is initially started.

E. Repair/Replacement

FMS shall not be charged for the replacement of worn items through normal wear and tear.

All items deemed unserviceable through normal wear and tear shall be replaced with new items, by the Contractor, at no additional charge to FMS.

Repair/replacement items shall be returned to delivery location removed from within one (1) week of Contractor notification of needed repair/replacement.

Any items lost, damaged beyond normal wear and tear, fluid or equipment and deemed unable to be repaired, as determined and approved by the FMS Supervisor or State’s designated representative, shall be replaced by FMS in accordance with Exhibit B, Cost Sheet, Replacement

Charge rates. Repair/Replacement items and costs shall be clearly defined on Exhibit B, Cost

Sheet.

F. Inventory (Weekly)

Contractor and FMS Supervisor or State’s designated representative shall take physical inventory of all floor mats delivered and picked-up on a weekly basis.

The FMS Supervisor or State’s designated representative shall enter weekly inventory information on to the FMS’s Floor Mats – Weekly Inventory Log document.

The Weekly Inventory Log documents shall denote the quantity and description of soiled, needing repair and replacement floor mats picked up or lost and cleaned, new, repaired, replaced items delivered.

Inventory (Weekly) Continued

Upon completion of the weekly inventory process, the Contractor and FMS Supervisor or State’s designated representative shall both sign and date FMS’s Floor Mats – Weekly Inventory Log document provided by FMS.

Contractor shall receive a signed copy for their records and the original shall remain in the FMS

Floor Mats – Weekly Inventory Log Binder for the remainder of the Agreement.

Contractor shall also provide FMS Supervisor or State’s designated representative with a copy of their weekly delivery/pick-up statement for review, dispute or approval and retention in FMS, Floor

Mats – Weekly Inventory Log Binder for the remainder of the Agreement.

G. Initial Order And Delivery

Contractor shall contact the FMS Supervisor or State’s designated representative at the delivery location in order to determine quantities and sizes for floor mats listed in Exhibit B, Cost Sheet, to be ordered and delivered at the start of the Agreement.

Contractor shall deliver the initial order in full, to each area at the delivery location, within one (1) week, seven (7) days following approval of the Agreement.

Thereafter, clean items shall be delivered once per week on the agreed-upon weekday, between

FMS Supervisor or State’s designated representative and Contractor, for the remainder of the

Agreement.

Contract shall obtain signature from the FMS Supervisor or State’s designated representative for pickups and deliveries. The specific weekday and time of deliveries/pick-ups shall be determined by each FMS individual or State’s designated representative at each delivery location and mutually agreed upon by the Contractor.

Under no circumstances are Security Guards authorized to sign for deliveries or pick-ups for FMS or State’s designated representative. FMS shall not be responsible for lost or damaged items signed by non FMS unauthorized individuals.

Items already pre-approved and scheduled for delivery can only be changed by FMS Supervisor or

State’s designated representative by submitting a Floor Mat Rental Change Request Form to the

Contractor at delivery location.

This Agreement may be canceled by either party upon thirty (30) days prior written notice.

The project coordinators during the term of this agreement will be:

Franchise Tax Board Contractor Tracy Hayden TBD Phone: (916) 845-6238 Phone:

Fax: (916) 749-8094 Fax:

Richard Siemers Phone: (916) 845-5154

Lisa Walda Phone: (916) 845-5109

Direct all agreement inquiries to:

Franchise Tax Board Contractor Procurement Bureau TBD Attention: Ta Nita Martinez P. O. Box 2086, Mailstop A374 Rancho Cordova, CA 95741-2086 Phone: (916) 845-7199 Phone:

Fax: (916) 843-1098 Fax:

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT: For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. Contractor will invoice for service call time based upon the actual time to complete preventative maintenance.

Floor Mat Delivery and Pick-up Service

March 15, 2016 through March 14, 2017

AMOUNT PER ITEM

Floor Mat - Steady Step, (3 feet x 10 feet) - Black

March 15, 2017 through March 14, 2018

AMOUNT PER ITEM

Floor Mat - Steady Step, (3 feet x 10 feet) - Black

THE MAXIMUM OF THIS AGREEMENT SHALL NOT EXCEED XXXXX AND NO/100 DOLLARS

($0,000.00)

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS (Continued)

Invoices shall include the Agreement Number and be submitted in triplicate not more frequently than monthly in arrears to:

Fiscal Accounting P. O. Box 2800

Sacramento, CA 95812-2800

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

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

3. TRAVEL AND PER DIEM: Travel and per diem are not applicable to this Agreement.

4. PROMPT PAYMENT CLAUSE: Payment will be made in accordance with and within the time specified in

Government Code, Chapter 4.5 (commencing with Section 927).

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has tax returns and other data in its custody, which is confidential data. Unauthorized inspection or disclosure of State returns or other confidential data is a misdemeanor (Section 19542 and 19542.1, Revenue and Taxation Code and 90005, Government Code). Unauthorized inspection or disclosure of confidential data that includes Federal returns and other data is a felony (Sections 7213(a)(1) and 7213A(a)(1)(B) Internal Revenue Code).

The Contractor and each of the Contractor's employees or other persons who may have access to the Franchise Tax Board data will be required to sign a statement attesting to the fact that he/she is aware of the confidentiality of tax information and the penalties for unauthorized disclosure thereof. It is the Contractor's responsibility to notify FTB of any changes in designations.

2. TAX COMPLIANCE: The Contractor, its project manager, and the alternate manager, must be in compliance with the Revenue and Taxation Code throughout the term of the Agreement. Failure to comply with this provision shall be deemed a breach of this agreement and shall be grounds for cancellation of this agreement.

3. EXCISE TAX: The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement.

California may pay any applicable sales or use tax imposed by another state.

4. SETTLEMENT OF DISPUTES: In the event of a dispute, Contractor shall file a “Notice of Dispute” with the Executive Officer, of the Franchise Tax Board within ten (10) days of discovery of the problem. Within ten

(10) days the Chief Financial Officer, or his/her designee, shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The decision of the Chief Financial Officer shall be final.

In the event of a dispute, the language contained within this agreement shall prevail over any other language including that of the bid proposal.

5. EVALUATION OF CONTRACTOR: Performance of the Contractor under this agreement will be evaluated.

The evaluation shall be prepared on Contract/Contractor Evaluation Sheet, Std. 4 and maintained in the Agreement file for consultant agreements, a copy of the evaluation will be sent to the Department of General Services Legal Office, if it is negative and over $5,000.00.

6. FTB LIABILITY: The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS (Continued)

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

8. BACKGROUND CHECK FINGERPRINTING AND TAX COMPLIANCE OF CONTRACTOR PERSONNEL:

The Franchise Tax Board (FTB) will investigate the personal history of all Contractor personnel who will have access to FTB’s facilities, data systems or confidential materials during the term of the contract. FTB will require such Contractors, subcontractors, independent contractors, and their employees to complete a Personal History Statement and be fingerprinted. Fingerprints will be sent to the California Department of Justice for information regarding prior criminal history. Based upon the results, FTB reserves the right to prohibit individuals from performing work under this contract.

As part of the background check, FTB may require tax identification information to validate compliance with the California Revenue and Taxation Code throughout the term of the contract. Compliance with the Revenue and Taxation Code means an individual has filed all required state income tax returns and all state income taxes are paid or a current payment installment agreement is in place. Prospective contract staff are encouraged to verify their individual filing status by calling 1-800-852-5711 to resolve any potential tax compliance issues.

If a member of the Contractor’s staff or subcontractor staff (including replacements) is ineligible to work for FTB, the Contractor will be notified. If the contractor is unable to provide an eligible replacement, per the terms of this contract, it may be deemed a breach of this contract and may be grounds for termination of this contract.

9. SOFTWARE: Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this contract for the acquisition, operation or maintenance of computer software in violation of copyright laws.