IFB_FTB-1617-14_-_Offsite_Container_Storage_and_Retrieval.pdf

INVITATION FOR BID

Notice to Prospective Bidders

OFFSITE TAPE MEDIA STORAGE AND RETRIEVAL SERVICES

IFB FTB-1617-14

May 5, 2016

You are invited to review and respond to this Invitation for Bid (IFB), entitled “IFB FTB-1617-14 Secure Offsite Container Storage and Retrieval Services.” The Agreement term will be for one (1) year with the option to renew for two (2) additional one (1) year terms. In submitting your bid, you must comply with all instructions contained herein.

Note that all Agreements entered into with the State of California will include by reference the State’s General Terms and Conditions (GTC-610) which may be viewed and downloaded at the Internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

Please note that for purposes of this bid, the Disabled Veteran Business Enterprises (DVBE) program requirement has been waived.

In the opinion of the Franchise Tax Board, this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

TaNita Martinez Franchise Tax Board

(916) 845-7199 TaNita.martinez@ftb.ca.gov

Please note that no verbal information given will be binding upon the Franchise Tax Board unless such information is issued in writing as an official addendum.

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx mailto:Tanita.martinez@ftb.ca.gov

Contents

A. PURPOSE AND DESCRIPTION OF SERVICES

B. BIDDER MINIMUM QUALIFICATIONS

C. BID REQUIREMENTS AND INFORMATION

1. Key Action Dates

2. Written Questions

3. Public Bid Opening

4. Bidder’s Facility Walkthrough

5. Submission of Bid

6. Questions and Clarification

7. Evaluation and Selection

8. Award and Protest

9. Disposition of Bids

10. Agreement Execution and Performance

11. Insurance Requirements

D. PREFERENCE PROGRAMS

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

2. DVBE Incentive

3. Small Business Preference

4. Non-Small Business Subcontractor Preference

5. Small Business Non-profit Veteran Service Agency (SB/NVSA)

6. Small Business Certification

7. Target Area Contract Preference Act (TACPA)

E. REQUIRED DOCUMENTS

ATTACHMENT 1- REQUIRED DOCUMENTS CHECK LIST

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

ATTACHMENT 3 – COST WORKSHEETS

First Year Optional Year 1 Optional Year 2 Cost Worksheet Summary - First Year and Optional Years Cost Worksheet Instructions for First Year and Optional Years

ATTACHMENT 4 - BIDDER REFERENCES

ATTACHMENT 5 -WORKERS’ COMPENSATION CERTIFICATION

ATTACHMENT 6 - BIDDER FACILITY LOCATIONS (PRIMARY FACILITY)

ATTACHMENT 6 - BIDDER FACILITY LOCATIONS (SECONDARY FACILITY)

ATTACHMENT 7 – PAYEE DATA RECORD, STD 204

ATTACHMENT 8 – CONTRACTOR CERTIFICATION CLAUSES (CCC)

ATTACHMENT 9 – CONFIDENTIALITY STATEMENT

ATTACHMENT 10 – BIDDER DECLARATION FORM

ATTACHMENT 11 – STANDARD AGREEMENT, STD 213

EXHIBIT A – STATEMENT OF WORK

1. Introduction

2. Purpose and Overview

3. Work Authorization Request

4. General Requirements

5. Business Continuity Facility Locations Requirements

6. Transportation and Handling Requirements

7. Business Requirements

8. Transition to New Facility/Contractor Requirements

9. Technology Recovery Requirements

EXHIBIT A.1 – WORK AUTHORIZATION REQUEST

EXHIBIT A.2 - OBSERVED STATE HOLIDAYS

EXHIBIT B - BUDGET DETAIL, PAYMENT PROVISIONS, AND COST

EXHIBIT D –SPECIAL TERMS AND CONDITIONS

EXHIBIT E – ADDITIONAL PROVISIONS

A. Purpose and Description of Services The purpose of this Invitation for Bid (hereinafter called the “IFB”) is to solicit bids from qualified bidders to provide the Franchise Tax Board (FTB) Secure Offsite Container Storage and Retrieval Services (closed storage and open media vault).

These services will be for the FTB campus:

FTB Central 9646 Butterfield Way, Sacramento, CA 95827

These services shall include provisions for transportation and disaster recovery. Offsite Data storage and retrieval must be available 24 hours a day, seven (7) days a week. All services must be available for the State customer located in Sacramento.

The services required include, but are not limited to:

Closed storage system and Open Media Vault system

Standard route Transportation/Handling

Technology Recovery Container handling

Warm Site Shipping

FTB is seeking one (1) bid from all prospective bidders. Any Agreement resulting from this IFB will have a term of one (1) year with the option of two (2) individual one (1) year extensions. The two (2) additional years’ cost will also be included in the final bid evaluation; however, there is no commitment as a result of this IFB to issue an amendment for any of the two

(2) one (1) year extensions if FTB determines that it is not feasible to do so.

Responses to this IFB will be evaluated based on the total three (3) year bid; an award, if made, will be to the responsive and responsible bidder that submits the lowest net cost to the State, as calculated in accordance with the methodology defined in Section C.7, EVALUATION AND SELECTION.

B. Bidder Minimum Qualifications The Bidder must have the experience, knowledge, training and the workforce to administer the existing requirements listed in the Statement of Work (SOW), Exhibit A, attached. To ensure that the State receives the highest quality material and service, the successful bidder must be available to provide all services, as outlined in the SOW, Exhibit A. Only bids from contractors whose principal business is that of Offsite Tape Media Storage and Retrieval Services will be accepted.

C. Bid Requirements and Information Listed below are the important dates and times by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to the IFB. All dates after the final date for Bid submission deadline are approximate and may be adjusted as conditions indicate, without addendum to this IFB.

1. Key Action Dates Below are the important dates and times by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to the IFB. All dates after the final date for Bid submission deadline are approximate and may be adjusted as conditions indicate, without addendum to this IFB.

Event Date Time IFB available to prospective bidders 5/5/16 Final Date for Written Questions 5/12/16 Final Date for Bid Submission 5/20/16 4:00 PM Public Bid Opening 5/24/16 10:00 AM Notice of Intent to Award 5/31/16* Award of Agreement to successful bidder 6/8/16* Agreement development, processing and approval and commencement

6/16/16*

Contract Begins 7/1/16

* These dates are subject to change without notice or addendum to this IFB.

2. Written Questions All questions regarding the content of this IFB-FTB-1617-14 must be submitted via email directly to TaNita.Martinez@ftb.ca.gov and must be received by the Key Action Date and time identified above. Questions not submitted by the Key Action Date shall be answered at FTB’s option.

All questions and answers will be posted on Cal eProcure and available to all bidders upon FTB completion of review.

3. Public Bid Opening A public bid opening is scheduled on Tuesday, May 24, 2016 at 10:00AM at 9646 Butterfield Way, Sacramento, CA 95827, in the California Town Center. The public bid opening is for the purpose of announcing the “Grand Total” from Attachment 3 as submitted on each bidder’s Cost Summary Worksheet. It is recommended to contact TaNita Martinez at

916.845.7199 or TaNita.Martinez@ftb.ca.gov if you plan to attend.

4. Bidder’s Facility Walkthrough Prior to issuing the Intent to Award notification, the State may elect to perform a ”walk-through” of the primary and any secondary facility of the responsive and responsible bidder that submitted the lowest net cost to the State, to verify that all requirements are met as outlined in the Statement of Work, Exhibit A (attached). The Contract Administrator will be responsible for coordinating the site tour. The Bidder agrees to allow the State team access within 24 hours of notification.

5. Submission of Bid

a) All bids must be submitted under sealed cover and sent to the State by the dates and time shown in Section B, Bid

Requirements and Information, Item 1, KEY ACTION DATES. The envelopes must be plainly marked with the IFB number and title, must show the Bidder’s firm’s name and address, and must be marked with "DO NOT OPEN,” as shown in the following example:

FRANCHISE TAX BOARD

MAIL STOP MS A374

ATTN: TANITA MARTINEZ

9646 BUTTERFIELD WAY

SACRAMENTO, CA 957827

“DO NOT OPEN”

IFB FTB-1617-14

OFFSITE TAPE MEDIA STORAGE AND RETRIEVAL SERVICES

b) Bids not submitted under sealed cover may be rejected. One (1) original and one (1) soft copy on a CD or Thumb Drive of the bid must be submitted.

c) All bids shall include the required documents. Bids not including the “required attachments" may be deemed non-responsive and cause for rejection. A non-responsive bid is one that does not meet the basic bid requirements.

d) All documents in the original bid requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

e) Mail or deliver bids to the following address:

Parcel Post (FedEx, UPS, etc.) Hand Delivered Bid

Attn: TaNita Martinez, Mail Stop A-374

Attn: TaNita Martinez

Note: For hand deliveries, please call TaNita Martinez at (916) 845-7199 or email TaNita.Martinez@ftb.ca.gov to ensure availability for pick-up.

mailto:TaNita.Martinez@ftb.ca.gov

f) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

g) A bid may be rejected if it is 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 an immaterial deviation in a bid. The State's waiver of an immaterial deviation shall in no way modify the IFB document or excuse the Bidder from full compliance with all requirements if awarded the Agreement.

h) Costs incurred for developing bids and in anticipation of award of the Agreement, are entirely the responsibility of the Bidder, and shall not be charged to the State of California.

i) An individual who is authorized to bind the Bidder contractually shall sign Attachment 2, Bid/Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

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

k) The State 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.

l) The State is not required to award an Agreement. The State reserves the right to reject all bids.

m) Before submitting a response to this solicitation, bidders should review, correct all known errors and confirm compliance with the IFB requirements.

n) Where applicable, the Bidder should carefully examine work sites and specifications. The Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the Agreement amount will be made due to inaccurate examination of work sites and specifications.

o) The State does not accept alternate Agreement language from a prospective bidder. A bid with such language shall be considered a counter bid and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

p) No verbal understanding or agreement shall be binding on either party.

6. Questions and Clarification

a) Every attempt has been made to produce complete specifications for this service. Should the Bidder discover any ambiguity, conflict, omission or other error in the IFB, or have any questions concerning interpretation or clarification, the Bidder shall immediately notify the State of such in writing and request clarification or modification of the document. All questions or concerns regarding this IFB must be sent in writing by mail or electronically to the contact person listed on page one (1) of this IFB. All questions must be received on or before the date indicated in Section A, KEY ACTION DATES. Include the Bidder’s name, the business name, phone number, and this IFB name and number.

b) All questions will be answered in writing and posted to Cal eProcure as a Question and Answer Set. The Question and Answer Set will state each question, but not the source of the question, along with the State’s response. The addendum will become part of the IFB. Only written responses shall be considered binding. Bidders should rely on written, rather than verbal, responses from the State. The State reserves the right to cancel or modify this IFB, in whole or in part.

c) An error in the Final Bid may cause the rejection of that bid; however, the State may at its sole option retain the bid and make certain immaterial corrections, including obvious clerical errors.

7. Evaluation and Selection

a) At the time of the public bid opening, the State will announce the total bid amount as submitted on each bidder’s

Cost Summary, Attachment 3.

b) After the public bid opening, the State will check each bid amount for completeness and accuracy to verify the amounts announced. After application of any preference program adjustments, the apparent lowest bid will be identified and the State will check the apparent lowest bid for the presence or absence of required information in conformance with the submission requirements of this IFB, and to validate its compliance with the flood zone requirements.

c) During the evaluation of bids, the State may ask the bidder to clarify their submitted information but will not allow the bidder to change their bid.

d) Should the apparent lowest bidder’s submission be found to be nonresponsive to any of the mandatory requirements, the State will then proceed with the evaluation of the next lowest bid. This process will continue until the State has identified the responsive and responsible bidder who submitted the lowest net cost to the State.

e) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the Bidder, may be rejected.

f) Award if made, will be to the responsive and responsible bidder that submits the lowest net cost to the State.

8. Award and Protest

a) Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

b) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

c) If any bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the State on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

d) Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General

Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at https://www.dgsapps.dgs.ca.gov/StatewideFormsWeb/Forms.aspx. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

f) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. This document is only required if the Bidder has not submitted this form to the awarding agency within the last three (3) years.

9. Disposition of Bids Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code section 6250 et. seq.)

and subject to review by the public.

https://www.dgsapps.dgs.ca.gov/StatewideFormsWeb/Forms.aspx

10. Agreement Execution and Performance After all approvals have been obtained and the Agreement is fully executed, performance shall start no later than the date agreed to by the State and the Contractor. Should the Contractor fail to commence work at the agreed upon time, the State, upon five (5) State business days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the State for the difference between the Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

11. Insurance Requirements The Contractor shall, at its own expense, maintain Workers’ Compensation Insurance in compliance with California Labor Code, Section 3200, and Automobile and General Liability Insurance which must include personal injury coverage for all employees engaged, throughout the term of the Agreement. Contractor will be required to submit the necessary insurance certification within 10 days of Notification of Award or prior to start of service, whichever comes first. (See Attachment 5)

D. Preference Programs

1. Disabled Veteran Business Enterprise Program (DVBE) Participation Requirement For the purpose of this solicitation, the DVBE participation requirement has been waived.

2. DVBE Incentive In accordance with Section 999.5(a) of the Military and Veteran Code, an incentive will be given to Vendors who provide one percent (1%) or more DVBE participation. The incentive amount is based on the amount of DVBE participation obtained. The incentive is only given to those Vendors who are responsive to the DVBE Program Requirement and propose DVBE participation in the resulting Agreement. The following table will be used for this solicitation:

Confirmed DVBE Participation of: Incentive Amount:

5% and above 5%

4% - 4.99% 4%

3% - 3.99% 3%

2% - 2.99% 2%

1% - 1.99% 1%

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 http://www.dgs.ca.gov/pd/Programs/OSDS.aspx. 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 http://www.dgs.ca.gov/pd/Programs/OSDS.aspx 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 10.

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.

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.

7. Target Area Contract Preference Act (TACPA) Preference will be granted to California-based Contractors in accordance with Government Code section 4530 whenever contract for goods and services are in excess of $85,000 and the Contractor meets certain requirements as defined in the California Code (Title 2, section 1896.30) regarding labor needed to produce the goods or provide the services being procured. Bidders desiring to claim Target Area Contract Preferences Act shall complete Std. Form 830 and submit it with the Final Bid. Refer to the following website link to obtain the appropriate form:

http://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf.

E. Required Documents In order to be considered responsive, the bid must be complete. The Bidder must return all required documents listed on Attachment 1, “Required Documents Checklist,” and any optional attachments for which the Bidder may qualify.

http://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf

ATTACHMENT 1- REQUIRED DOCUMENTS 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.

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

_____ Attachment 1 - Required Documents Check List

_____ Attachment 2 - Bid/Bidder Certification Sheet (Page 1 OF 2)

_____ Attachment 3 – Bid Cost Worksheets

_____ Attachment 4 - Bidder References (Page 2 OF 2)

_____ Attachment 5 - Workers’ Compensation Certification

_____ Attachment 6 - Bidder Facility Locations (Page 1 and 2)

_____ Attachment 7 - Payee Data Record (STD 204)

_____ Attachment 8 - Contractor Certification Clauses (CCC-307)

_____ Attachment 9 – Vendor/Contractor Confidentiality Statement

_____ Attachment 10 - Bidder Declaration Form

_____ Attachment 11 – Exhibit A, Statement of Work

Submit these documents with the bid package, only if applicable:

_____ Target Area Contract Preference Act (TACPA)

ATTACHMENT 2 - BID/BIDDER CERTIFICATION SHEET

(Page 1 of 2)

(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.

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

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

C. 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:

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 - BID/BIDDER CERTIFICATION SHEET

(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 – COST WORKSHEETS

First Year

Container Storage, Transportation and Handling For the purpose of this bid and subsequent Agreement, “containers” shall be separated into three categories: small, medium, and large. Each container category includes various container types that are grouped together based on like physical measurements of containers that hold various and/or multiple media types, in the capacities identified. This list is not intended to be inclusive of all products offered that may fit into a specific category. The quantities listed are by general container category and may include a combination of any or all of the container types listed under that category heading. Please note: All costs should include handling fees.

I. Closed Storage Cost

Container Type Quantity By

Type (A) Monthly Cost Per Unit (B)

Monthly Subtotal (C)

Number of Months (D)

Total (E)

Small Containers (20 Pack) 6 $ $ 12

Medium Containers (32 Pack) 22 $ $ 12

Large Containers (TR media) 10 $ $ 12

Section I Total

II. Open Media Vault Cost

Cartridge Type Quantity By

Type (A) Monthly Cost Per Unit (B)

Monthly Subtotal (C)

Number of Months (D)

Total (E)

Mainframe Cartridge 120 $ $ 12

Media Handling 120 $ $ 12

Section II Total

III. Standard Route Transportation/Handling Cost

Cost Per Run (A) Monthly Runs (B) Monthly

Subtotal (C) Number of Months (D)

Total (E)

Normal Pick-up/Delivery $ 22 12 $

Critical Runs $ 3 6 $

Emergency Runs $ 3 6 $

Section III Total

IV. Warm Site Container Handling Cost

Total Quantity All Types (A)

Cost Per Unit (B) Subtotal (C) Number of Events (D)

Total (E)

Containers (All Types) 38 $ $ 1 $

Section IV Total

Overhead % Charge

(if applicable) (A) Carrier Cost (B) *Bidder Overhead

Charge (C) Total (D)

Custom Critical to Out of State Warm Site Warm Site

Custom Critical to In State Warm Site % $ $ $

Sections V Total

Overhead shall not exceed five (5) percent. *For the purpose of evaluation, Warm Site Shipping will not be evaluated as part of this bid; the percentages quoted will be used to calculate total cost should Warm Site Shipping be required as noted in the Statement of Work, Exhibit A.

Summary of Costs for First Year Totals

Closed Storage Cost $

Open Media Vault Cost $

Standard Route Transportation/Handling Cost $

Warm Site Container Handling Cost $

Total First Year Cost $

ATTACHMENT 3 -COST WORKSHEET

Optional Year 1

Quantity by

Type (A)

Monthly Cost Per Unit

(B)

Monthly Subtotal

(C)

Number of Months

(D)

Total (E)

Small Containers (20 Pack) 6 $ $ 12

Medium Containers (32 Pack) 22 $ $ 12

Quantity By

Type (A) Monthly Cost Per Unit (B)

Monthly Subtotal (C)

Number of Months (D)

Total (E)

Mainframe Cartridge 120 $ $ 12

Cost Per Run

(A) Monthly Runs

(B)

Monthly Subtotal

(C)

Number of Months (D)

Total (E)

Normal Pick-up/Delivery $ 22 12 $

Critical Runs $ 3 6 $

Total Quantity

All Types (A)

Cost Per Unit (B)

Subtotal (C)

Number of Events (D)

Total (E)

Overhead % Charge

(if applicable) (A) Carrier Cost (B) *Bidder Overhead

Charge (C) Total (D)

Custom Critical to Out of State Warm Site Warm Site

Overhead shall not exceed five (5) percent. *For the purpose of evaluation, Warm Site Shipping will not be evaluated as part of this bid; the percentages quoted will be used to calculate total cost should Warm Site Shipping be required as noted in the

Summary of Costs for Optional Year 1 Totals

Open Media Vault Cost $

Standard Route Transportation/Handling Cost $

Total Optional Year 1 $

ATTACHMENT 3 - COST WORKSHEET

Optional Year 2

Quantity by

Type (A)

Monthly Cost Per Unit

(B)

Monthly Subtotal

(C)

Number of Months

(D)

Total (E)

Small Containers (20 Pack) 6 $ $ 12

Medium Containers (32 Pack) 22 $ $ 12

Quantity By

Type (A) Monthly Cost Per Unit (B)

Monthly Subtotal (C)

Number of Months (D)

Total (E)

Mainframe Cartridge 120 $ $ 12

Cost Per Run

(A) Monthly Runs

(B)

Monthly Subtotal

(C)

Number of Months (D)

Total (E)

Normal Pick-up/Delivery $ 22 12 $

Critical Runs $ 3 6 $

Total Quantity

All Types (A)

Cost Per Unit (B)

Subtotal (C)

Number of Events (D)

Total (E)

Overhead % Charge

(if applicable) (A) Carrier Cost (B) *Bidder Overhead

Charge (C) Total (D)

Custom Critical to Out of State Warm Site Warm Site

Overhead shall not exceed five (5) percent. *For the purpose of evaluation, Warm Site Shipping will not be evaluated as part of this bid; the percentages quoted will be used to calculate total cost should Warm Site Shipping be required as noted in the

Summary of Cost for Optional Year 2 Totals

Open Media Vault Cost $

Standard Route Transportation/Handling Cost $

Total Optional Year 2 $

ATTACHMENT 3

Cost Worksheet Summary - First Year and Optional Years

Summary of Costs Totals

First Year $

Optional Year 1 $

Optional Year 2 $

*Grand Total Cost for Bid $

*The Grand Total is the Bidder’s final bid amount

(Representative’s Signature) (Date)

PLEASE TYPE/PRINT:

Representative’s Name:

Representative’s Title:

Company Name:

ATTACHMENT 3

Cost Worksheet Instructions for First Year and Optional Years

1. INTRODUCTION

a. The Cost Data is to include all costs to the FTB for the period of performance of one (1) year with the option to extend for two (2) one (1) year terms beginning with the commencement date specified in the Statement of Work (Exhibit A).

Such costs include, but are not limited to, consideration of one-time costs; continuing costs; and rate escalation as they specifically relate to the service to be obtained.

b. The quantities listed on the cost sheets are estimated for purposes of evaluating the bidders. The FTB does not guarantee a minimum or maximum number of containers to be stored or transported. However, the actual costs quoted on the cost sheets by the bidder shall be binding for the term of the Agreement.

c. An award of the Agreement, if made, will be to the responsive and responsible bidder who meets all requirements of the bid, and submits the lowest net cost to the FTB.

d. Transportation Rates: The transportation rates are divided into four (4) zones to allow for differential transportation pricing based on the distance from the customer site to the storage facility.

e. All Cost Bid Work Sheets must be completed with clear legible figures in accordance with the following instructions:

Quantity by type (A) X Monthly Cost Per Unit (B) = Monthly Subtotal (C) X Number of Months (D) = Total E.

The same process is repeated for Optional Years 1 and 2.

Quantity by type (A) X Monthly Cost Per Unit (B) = Monthly Subtotal (C) X Number of Months (D) = Total E.

The Standard route for FTB will be Monday through Friday, with arrival at the FTB campus between 4:00 pm and 5:00 pm.

Cost Per Run (A) X Monthly Runs (B) = Subtotal X Number of Months (C) = Total (D)

IV. Warm Site Container Handling

Total Quantity All Types (A) X Cost per Unit (B) = Subtotal (C) X Number of Events (D) = Total (E)

V. Warm Site Shipping

Enter Overhead % (A). Enter Carrier Cost (B). Multiply A X B = Bidder Overhead Cost (C). Add C + B = Total (D).

2. GRAND TOTAL COST

Enter Total for First and Optional Years. Add all three years and enter total cost of bid.

ATTACHMENT 4 - BIDDER REFERENCES

The purpose of the Customer Reference requirement is to provide the FTB the ability to verify claims made in the bid by the Bidder and to ensure that the Bidder has a proven track record at providing the desired services in a satisfactory manner. The number of references required should be adequate to verify the claims of the Bidder in responding to the requirements. The FTB, at its sole discretion, may contact the submitted references and/or obtain references other than those provided by the Bidder. Any negative references shall be considered a material deviation.

The Bidder must provide a minimum of three (3) paying customers who have received or who are currently receiving services of a similar workload to the FTB’s requirements contained herein. The references must meet the following requirements:

1) At least one (1) reference must include Business Continuity (Technology Recovery) performed by the Bidder.

2) At least one (1) reference shall be from a customer for whom the Bidder completed a successful transition to another contractor. If no such reference exists, then the Bidder may substitute this requirement with a reference from a customer for whom the Bidder completed a successful transition from another contractor.

3) At least one (1) reference shall be from a current customer.

4) All customer references listed must have received offsite data storage and retrieval services for a minimum of

12 consecutive months within the last four (4) years.

5) Each reference must include a contact name and number.

6) The FTB may not be used as a reference.

The submitted references must confirm the Bidder’s satisfactory performance of these services.

Submission of this attachment is mandatory. References must be previous customers.

ATTACHMENT 4 - BIDDER REFERENCES

REFERENCE 1

Name of Firm

Street Address

City State Zip Code

Contact Person Phone

E-mail

Dates of Service Value/Cost of Service $

Company Reference Individual Reference Name of Individual:

Brief Description of Service Provided:

REFERENCE 2

Street Address

City State Zip Code

Contact Person Phone

E-mail

REFERENCE 3

Street Address

City State Zip Code

Contact Person Phone

E-mail

ATTACHMENT 5 -WORKERS’ COMPENSATION CERTIFICATION

The undersigned in submitting this document hereby certifies the following:

I am aware of the provisions of section 3200 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this Agreement.

Signature Date

Name and Title (Print or Type) Street Address

Firm Name City, State ZIP

ATTACHMENT 6 - BIDDER FACILITY LOCATIONS (PRIMARY FACILITY)

Instructions

1. List the Primary facility(ies) the Bidder will utilize for this Agreement. This Permanent site will be operational at the beginning of the contract term and complies with the Flood Zone requirements as stated in Exhibit A, Section 4.2.

2. Attach additional pages if more than one site will be utilized.

3. Submit this attachment to the Department of Water Resources (DWR) for confirmation of floodplain requirement compliance.

Company Name _______________________________________________________

Address ______________________________________________________________

City, Zip ______________________________________________________________

DWR USE ONLY

DEPARTMENT OF WATER RESOURCES VALIDATION OF FLOODPLAIN STATUS:

The DWR has determined that the above location, according to the applicable FEMA Flood Insurance Rate Map, is:

Outside the 500-year floodplain boundary as defined on the map

Within the 500-year floodplain boundary as defined on the map

Printed name of confirming DWR representative Date

Signature

ATTACHMENT 6 - BIDDER FACILITY LOCATIONS (SECONDARY FACILITY)

Instructions

1. List any Secondary facility(ies) the Bidder will utilize for this Agreement. This facility will be operational at the beginning of the contract term and complies with the Flood Zone requirements as stated in Exhibit A, Section 4.2.

2. Attach additional pages if more than one site will be utilized.

3. Submit this attachment to the Department of Water Resources for confirmation of floodplain requirement compliance.

Company Name _______________________________________________________

Address ______________________________________________________________

City, Zip ______________________________________________________________

DWR USE ONLY

DEPARTMENT OF WATER RESOURCES VALIDATION OF FLOODPLAIN STATUS:

The DWR has determined that the above location, according to the applicable FEMA Flood Insurance Rate Map, is:

Outside the 500-year floodplain boundary as defined on the map

Within the 500-year floodplain boundary as defined on the map

Printed name of confirming DWR representative Date

Signature

ATTACHMENT 7 – PAYEE DATA RECORD, STD 204

The Contractor is required to submit a Payee Data Record, STD 204. Refer to the following link for more details.

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

ATTACHMENT 8 – CONTRACTOR CERTIFICATION CLAUSES (CCC)

All Contractors must complete the Contractor Certification Clauses (CCC) and include it with the response.

CCC - 307 - Contractor Certification Clauses effective 3/28/2007.

Refer to the following link:

http://www.documents.dgs.ca.gov/ols/CCC-307.doc

ATTACHMENT 9 – CONFIDENTIALITY STATEMENT

STATE OF CALIFORNIA Contract Number Begins:

FRANCHISE TAX BOARD

PO BOX 2086 Ends:

RANCHO CORDOVA, CA 95741-2086

Vendor/Contractor Confidentiality Statement

FTB Information Unit Number Unit Name

Contact Person Phone Number

Contractor/Vendor Information Your Department/Company Name

Business Address Where Work Will Be Performed

Street City State Zip Code

FEIN

Confidentiality Statement – I understand that all Franchise Tax Board (FTB), Internal Revenue Service (IRS) and other information provided by FTB maintained on the above contractor’s or vendor’s premises is confidential. It is unlawful for any State or other employee to inspect, acquire or disclose FTB, IRS, or other confidential information under California Revenue and Taxation Code Section 19542 and 19542.1, Government Code Section 90005, 26 U.S.C. ,Internal Revenue Code Sections7213(a)(2), 7213A(a)(2) and (b)(1), and 7431(a)(2) and (c), and 18 USC Section 1030. Violations of these statutes are punishable by fines, imprisonment and/or the costs of prosecution. I will not enter any premises, access any computers, software or applications not specifically required by my authorized duties, nor will I refer to or read any documents that come within my view other than those related to my authorized duties.

California Revenue and Taxation Code Section 19542 – Penalty for disclosing information contained in a return. ‘‘Except as otherwise provided in this article and as required to administer subdivision (b) of Section 19005, it is a misdemeanor for the Franchise Tax Board or any member thereof, or any deputy, agent, clerk, or other officer or employee of the state (including its political subdivisions), or any former officer or employee or other individual, who in the course of his or her employment or duty has or had access to returns, reports, or documents required to be filed under this part, to disclose or make known in any manner information as to the amount of income or any particulars (including the business affairs of a corporation) set forth or disclosed therein.”

California Revenue and Taxation Code Section 19542.1(a) – Penalty for unauthorized inspection of confidential information. “Except as otherwise provided by this article, it shall be unlawful for any person described in Section 19542 to willfully inspect any confidential information furnished or secured pursuant to this part, Part 10 (commencing with [Rev. & Tax C.] Section 17001), or Part 11 (commencing with [Rev. & Tax C.] Section 23001). For purposes of this section, “inspection” means any examination of confidential information. Any willful unauthorized inspection or unwarranted disclosure or use of confidential information by the persons described in Section 19542 is a misdemeanor.”

California Government Code Section 90005 – ‘‘No member, employee or agent of the Franchise Tax Board shall divulge or make known in any manner any particulars of any record, documents, or information which he receives by virtue of this chapter, except in furtherance of the work of the Franchise Tax Board or in connection with any court proceeding or any lawful investigation of any agency.’’

United States Code Section 7213(a)(2) – “State and other employees. It shall be unlawful for any person (not described in paragraph to (1)) willfully to disclose to any person, except as authorized in this title, any return or return information (as defined in section 6103(b) [26 USCS § 6103(b)]) acquired by him or another person under subsection (d), (i)(3)(B)(i) or (7)(A)(ii), (k)(10), (l)(6), (7), (8), (9), (10), (12), (15), (16), (19), (20), or (21) or (m)(2), (4), (5), (6), or (7) of section 6103 [26 USCS § 6103] or under section 6104(c) [26 USCS § 6104(c)]. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $ 5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution.’’

United States Code Section 7213A(a)(2) – “State and other employees. It shall be unlawful for any person (not described in paragraph (1)) willfully to inspect, except as authorized in this title, any return or return information acquired by such person or another person under a provision of section 6103 [26 USCS § 6103] referred to in section 7213(a)(2) [26 USCS § 7213(a)(2)] or under section 6104(c) [26 USCS § 6104(c)].’’

United States Code Section 7213A(b)(1) – “In general. Any violation of subsection (a) [of 26 USCS § 7213A] shall be punishable upon conviction by a fine in any amount not exceeding $ 1,000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution.”

United States Code Section 7431(a)(2) – “Inspection or disclosure by a person who is not an employee of the United States. If any person who is not an officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of [26 USC] section 6103 or in violation of [26 USC] section 6104(c), such taxpayer may bring a civil action for damages against such person in a district court of the United States.’’

United States Code Section 7431(c) – Damages that may be awarded for a violation of 26 USC section 7431(a)(2) include the greater of $1,000 for each act of unauthorized inspection or disclosure of a return or return information, or the sum of the actual damages and, if the inspection or disclosure was willful or the result of gross negligence, punitive damages; plus costs of the action, plus reasonable attorneys fees.

United States Code Section 1030(a)(2) – Intentionally accessing a computer without authorization or exceeding authorized access, and thereby obtaining information from any department or agency of the United States, or from any protected computer used by or for the United States Government, is punishable by fines and imprisonment from one to ten years.

ATTACHMENT 9 – CONFIDENTIALITY STATEMENT

My signature verifies that I read and agree to comply with the state and federal laws on PAGE 1 of this form. I further understand that failure to comply with these laws may result in my being barred from accessing Franchise Tax Board (FTB), Internal Revenue Service (IRS), or other information provided by FTB and could result in criminal prosecution.

I accept responsibility for having all company employees who will work with FTB, IRS, or other information provided by FTB, read these laws, and agree to comply with them by signing and dating this statement or an attached signatory sheet.

I understand that it is my responsibility to retain this document and all signatures throughout the contracted period with FTB. I also understand it is my responsibility to ensure that all new employees read these laws and agree to comply with them before working with FTB, IRS, or other information provided by FTB by signing and dating this document or an attached signatory sheet.

Name (Print) Company Name and Title

Signature Date

My signature verifies that I have read and agree to comply with the state and federal laws on PAGE 1 of this form. I further understand that failure to comply with these laws may result in my being barred from accessing Franchise Tax Board (FTB), Internal Revenue Service (IRS), or other information provided by FTB and could result in criminal prosecution.

Employee Signature Print Name Date

ATTACHMENT 10 – BIDDER DECLARATION FORM

All Contractors must complete the Bidder Declaration GSPD-05-105 and include it with the response. Refer to the following link:

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

ATTACHMENT 11 – STANDARD AGREEMENT, STD 213

The attached sample Standard Agreement includes all of the information applicable to this IFB:

STD 213 STANDARD AGREEMENT

EXHIBIT A – STATEMENT OF WORK (To be completed and included with bid packet) Exhibit A.1 – Work Authorization Exhibit A.2 – State Holidays

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT C – GTC 610, GENERAL TERMS AND CONDITIONS (Link on first page of STD 213)

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

EXHIBIT E – ADDITIONAL PROVISIONS

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: July 1, 2016, or date of approval, whichever is later through June 30, 2017

3. The…