IFB_FTB-2425-00273-001_Print_and_Deliver_Custom_Envelopes.docx

INVITATION FOR BID

Notice To Prospective Bidders

PRINT AND DELIVER 40,000,000 CUSTOM ENVELOPES

IFB FTB-2425-00273-001

August 16, 2024

You are invited to review and respond to this Invitation for Bid (IFB), entitled “Print and Deliver 40,000,000 Custom Envelopes,” BID LOG # IFB FTB-2425-00273-001. The Franchise Tax Board (FTB) is asking that in submission of your bid, you comply with the following instructions:

Note that all Agreements entered into with the State of California will include by reference the State’s General Terms and Conditions (GTC-417) which may be viewed and downloaded at the Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language. 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:

Sheri Birkmaier Procurement Official Franchise Tax Board

(916) 845-3984 Sheri.Birkmaier@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.

TABLE OF CONTENTS

INFORMATION AND BIDDER REQUIREMENTS

Purpose and Description of Services The purpose of this Invitation for Bid (hereinafter called the “IFB”) is to solicit bids from qualified vendors to provide the Franchise Tax Board (FTB) printing and delivery of forty million (40,000,000) custom envelopes. See Exhibit A, Scope of Work (SOW), of this IFB for additional detailed information.

Bidder’s Minimum Qualifications and Requirements

The requirements below in B.1., B.2. and B.3. are mandatory Pass/Fail.

In order to be responsive to this IFB, the following requirements must be met. Bidders who do not meet all these qualifications may be disqualified.

1. Administrative Requirements:

Completion of all required documents listed on Attachment 1, Required Documents Checklist.

2. The Bidder awarded the contract must perform the following predominant production function required in the performance of the contract with their own equipment, facilities, and employees: Predominant Production Function: Printing of Envelopes.

The Bidder awarded the contract may subcontract out any non-predominant production functions (e.g., furnishing supplies/materials, providing transportation, etcetera) required for the performance of the contract. The Bidder must identify on the Bidder Declaration Form all subcontractors that the Bidder intends to utilize and the non-predominant production functions they will be performing. Bidder Declaration Form: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

3. By submitting their bid and signing Attachment 2, Bid/Bidder Certification Sheet, the Bidder certifies under penalty of perjury that their company and their staff possess the appropriate license and meet the minimum qualifications stated in this IFB to perform the work outlined in Exhibit A, SOW of this IFB.

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.

* This date is subject to change without notice or addendum to this IFB.

1If requested, the Notice of Intent to Award shall be published on Cal eProcure in the same location as the solicitation was published: Bid opportunities in the California State Contracts Register (CSCR).

Written Questions

1. 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 via email to the contact person listed on page one (1) of this IFB. All questions must be received on or before the date indicated in the Key Action Date, and include the Bidder’s name, the business name, phone number, and this IFB name and number. Questions not submitted by the Key Action Date shall be answered at FTB’s option.

2. Upon FTB completion of review, all questions will be answered in writing and posted to the original advertisement on the Cal eProcure website by the Key Action Date identified above. The Question and Answer Set will state each question, but not the source of the question, along with the State’s response. If there are any changes to the IFB as a result of any questions, there will be an IFB addendum that will become part of the IFB, and posted to the original IFB advertisement on Cal eProcure. Only written responses shall be considered binding. Bidders should rely on written, rather than verbal, responses from the State.

3. The State reserves the right to cancel or modify this IFB, in whole or in part.

4. 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.

Submission of Bid Bidders are required to submit an electronic bid response to the following email address: Sheri.Birkmaier@ftb.ca.gov by the due date and time identified in Section C, Key Action Dates. Bids not received by the due date and time specified, will be rejected. Please maintain a record of your emailed bid response as proof of timely submittal. Emails will be opened during the Public Bid Opening on the date identified in Section C, Key Action Dates.

The subject line of the bid response email should read: IFB FTB-2425-00273-001 Bid Response -(Your Company’s Name)

It is the Bidder’s responsibility to provide all necessary information in the required format. Bid submission must include two separate files. File #1 attachment should include all Non-Cost documents of the bid response. File #2 attachment should include a cover page followed by a completed Attachment 4, Bid Cost Sheet.

1. The State reserves the right to consider authorized emailed bid responses as properly “sealed” if received prior to the due date and time specified. Authorized emailed bid responses will be considered only if they are sent to the email address listed above. Bid responses sent to any other email address (unless otherwise specified) will not be considered. To be considered, all pages of an emailed bid response must be completely received prior to the bid response due date and time identified in Section C, Key Action Dates.

2. 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.

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

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

5. More than one bid from an individual, a firm or partnership, a corporation, or an association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such Bidder is interested. If there is reason for believing that collusion exists among the vendors, none of the participants in such collusion will be considered in this or future bids.

6. 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. Errors or omissions in the Bidder’s bid, if deemed material, will cause rejection of the bid. The State may at its sole option retain the bid and correct certain immaterial errors, including obvious clerical errors. 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.

7. 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.

8. 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.

9. 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.

10. The State may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum posted to the original advertisement on the Cal eProcure website.

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

12. Before submitting a response to this solicitation, bidders should review, correct all known errors and confirm compliance with the IFB requirements. Review the Bidders Instructions (GSPD-451) for additional information.

13. 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.

14. 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 (GTCs) are not negotiable.

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

Public Bid Opening A virtual public bid opening is scheduled for Wednesday, August 28, 2024, at 11:00AM via Microsoft Teams. The public bid opening is for the purpose of announcing the “Grand Total” from Attachment 4 as submitted on each Bidder’s Bid Cost Sheet. For Bidders that want to attend the Bid Opening, contact the Procurement Official at Sheri.Birkmaier@ftb.ca.gov and provide your email address no later than Monday, August 26, 2024, at 4:00PM so that an invitation to the Microsoft Teams meeting can be provided.

Evaluation and Selection

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 responsive and responsible bid with the lowest cost to the State. The State is not required to award an Agreement.

2. In the event of a precise tie between a certified small business and a certified disabled veteran owned business that is also a small business, the contract shall be awarded to the disabled veteran owned small business, per Government Code 14838 (f); 2 California Code of Regulations 1896.8(f). For all other ties, a witnessed drawing of lots will be conducted by the Procurement Official. If a drawing of lots is needed, the Procurement Official will schedule and arrange for the drawing and non-partisan witnesses.

3. 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.

4. 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.

5. 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.

Award and Protest

1. 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 email or electronic facsimile transmission, five (5) working days prior to the award of the Agreement.

2. Upon written request by any bidder, a notice of intent to award shall be published on Cal eProcure in the same location as the solicitation was published (Bid opportunities in the California State Contracts Register(CSCR)) for a period of five (5) working days prior to awarding an Agreement.

3. If, prior to the award of agreement, any bidder files a protest with FTB and the Department of General Services (DGS) against the awarding of the agreement on the grounds that the (protesting) bidder is the lowest responsive responsible bidder meeting the specifications of the IFB, the agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter.

4. Within five (5) days after filing the initial protest, the Protestant shall file with DGS and the awarding agency a full and complete written statement specifying the grounds for the protest. The written statement of protest shall include the IFB number, the name of the State agency involved and the agency contact person, and should be submitted to the following: Department of General Services, Office of Legal Services, Attention: Bid Protest Coordinator, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605 Email: OLSProtests@dgs.ca.gov and Franchise Tax Board, Procurement Bureau, Attention: Sheri Birkmaier, 9646 Butterfield Way, Sacramento, California 95827 Email: Sheri.Birkmaier@ftb.ca.gov. It is suggested that you submit any protest by certified or registered mail.

Disposition of Bids After award of the Agreement or rejection of bids, all responses will be regarded as public record under the California Public Records Act and will be subject to review by the public. Any bid that contains language purporting to render all or portions of the bid confidential may not be accepted. (Government Code §6250 et seq.) However, information pertaining to data security, system design or security controls whose public release could compromise the Bidder’s system security and data integrity should be clearly marked both in the bid and on the bid submittal outline.

Bidders are cautioned not to rely on the State during the evaluation to discover and report to the Bidder’s defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the bid requirements.

Agreement Execution and Performance Service shall be available no later than five (5) business days after FTB notifies the Contractor that the Agreement has been fully executed and all approvals have been obtained, or on the starting date agreed to by FTB and the Contractor at the time of contract award, whichever is later. Notification shall be written and may be sent by email. Should the Contractor fail to commence work at the required time, FTB will notify the Contractor in writing of the default and specify a date [not sooner than five (5) business days from the date of the notice] by which the Contractor must cure the default by beginning the performance of services. Notification may be sent by email. If the Contractor fails to commence work by the date specified in FTB’s notice of default, FTB may 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 for performance of the work by the second lowest bidder or by another Contractor.

Verifying Corporate Qualification to do Business in California To ensure that all obligations due to the State are fulfilled, when agreements are to be performed in the State by corporations, the contracting agencies are required to obtain verification that the Contractor is currently qualified to do business in the State of California.

"Doing business" is defined in the Revenue and Taxation Code (Section 23101) as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. While there are some statutory exceptions to taxation, it will be a rare instance when a corporate contractor performing within the State will not be subject to the franchise tax.

Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.

If there is any question by any contractor as to his/her status relating to corporate qualification, we suggest he/she check with the Secretary of State, 1500 11th Street, Sacramento, CA 95814, or call for additional information at (916) 653-6814.

Payee Data Record The successful bidder will be required to submit a Payee Data Record, STD. Form 204 listing their Taxpayer Identification Number. Acceptable verification results are required prior to contract award. The STD. 204, Payee Data Record, will be used 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.

When completing this form, please note legal business name provided must match the business name that will appear on invoice. Additionally, the mailing address provided on this form must match the address that will appear on invoice. No payment shall be made unless this form has been returned completed. Refer to the following website link:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf Payee Data Record Supplement The STD.205 must be used to provide the bidder’s remittance address information if different than the mailing address on the STD. 204. This form allows bidders to provide up to five (5) additional remittance addresses and identify up to three (3) additional authorized representatives for the payee. Refer to the following website link for more details:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf Contractor Certification Clauses All Contractors must complete the Contractor Certification Clauses (CCC) and include it with the response. Refer to the following website link: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language Post Consumer Recycled-Content Certification State agencies are required to report purchases in many product categories. In order to comply with those requirements, suppliers are required to complete and return a Recycled Content Certification form with their response. The supplier may certify that the product or material contains zero recycled content. Failure to complete and return the form may disqualify the response from consideration. Refer to the following website link: Recycled-Content Certification (CalRecycle form 74) Darfur Contracting Act 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.

https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/Darfur-Contracting-Act.pdf California Civil Rights Certifications Pursuant to PCC 2010, a person that submits a bid or proposal or proposes to renew a contract with a state agency in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted, or the contract is renewed, all of the following:

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

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

The Civil Rights Certifications form can be found at: https://www.dgs.ca.gov/OLS/Forms Generative Artificial Intelligence (GenAI) Reporting and Factsheet The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) may result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure. The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or or terminate any contract that presents an unacceptable level of risk to the State.

Commercially Useful Function All certified small business, micro business, and/or DVBE contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code Section 14837 (for SB), Military and Veterans Code Section 999 (for DVBE), and Title 2 CCR, Section 1896.4 and 1896.62. A Contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the Contractor’s, subcontractor(s), or supplier’s role is limited to that of an extra participant in the transaction, the awarded Contract, or project through which funds are passed to obtain the appearance of small business or micro business participation.

The Bidder must complete a Commercially Useful Function (CUF) Certification for each Small Business and/or DVBE (prime and/or subcontractor(s)). All Bidders and subcontractors identified in the bid response to fulfill the requirements for one (1) or more of the socio-economic programs (DVBE and small business) must perform a commercially useful function (CUF) in the resulting Contract. CUF is defined pursuant to Military and Veterans Code §999(b)(5)(B) and Government Code §14837(d)(4)(A) for the DVBE and small business programs, respectively. See Attachment 3 to complete form.

Bidders may be required to submit additional written clarifying information regarding CUF. Failure to submit the requested written information as specified may be the basis for rejection of the Bidder’s bid submission.

Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

Insurance Requirements The Contractor shall, at its own expense, maintain Workers’ Compensation Insurance 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 ten (10) business days of Notification of Award or prior to start of service, whichever comes first (see Exhibit E, Additional Provisions for additional insurance language).

Preference Programs

1. Disabled Veteran Business Enterprise Program (DVBE) Participation Requirement The State has established goals for DVBE participation in State contracts. For the purpose of this solicitation, the DVBE participation requirement has been waived.

2. DVBE Incentive Important Note: For the purpose of this solicitation, the DVBE participation requirement has been waived, however; the DVBE Incentive for the prime bidder will be applied.

In accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to quotations that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The 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.

Bidder Declaration Form for listing any subcontracting opportunities. https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

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 five percent (5%) or $100,000.00, 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 percent (15%) or $100,000.00, whichever is less.

3. DVBE Declarations Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy online from the Department of General Services Procurement Division, Procurement Division website. The completed form should be included with the quotation/bid response. Please refer to the following URL for more details: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

4. 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 Sheet, 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 SB_DVBE Best Practices for State Departments (ca.gov). 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.

5. Non-Small Business Subcontractor Preference

a) A 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 subcontractors 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; and 5) 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, located at https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

6. 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 5% small business preference.

7. 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.

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.

Small Business Participation Reporting Requirement If for the Agreement resulting from this bid, awarded Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Agreement report to the FTB Procurement contact the actual percentage of small business participation that was achieved. (Govt. Code § 14841.). The Prime Contractor's Certification - SB Subcontractor Report shall be sent via hard copy or sent electronically to the procurement contact. It is incumbent on the Contractor to submit the subcontracting form within the specified timeframe.

9. DVBE Participation Reporting Requirement If for the Agreement resulting from this bid, awarded Contractor made a commitment to use a disabled veteran business enterprise (DVBE), then, pursuant to Mil. & Vets. Code §999.5(d), upon completion of this Agreement, and prior to the last payment being made by the awarding Department, the Department requires the Contractor to certify DVBE usage by completing and submitting the Prime Contractor’s Certification – DVBE Subcontracting Report (STD. 817) to the awarding Department. Failure to submit the certification will be cause for the awarding Department to withhold ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000). It is incumbent on the Contractor to certify the following:

a) The total amount the prime Contractor received under the Agreement;

b) The name, address, Contract number and certification ID number of the DVBE(s) that participated in the performance of this Agreement;

c) The amount and percentage of work the prime Contractor committed to provide to one or more DVBE(s) under the requirements of the Agreement, and the total amount of payments each DVBE received from the prime Contractor;

d) That all payments under the Agreement have been made to the DVBE(s); and

e) The actual percentage of DVBE participation that was achieved.

Upon request, the prime Contractor shall provide proof of payment to the DVBE(s) for the work prior to the last contract payment being made to the prime Contractor by the awarding Department.

A prime contractor that fails to comply with the certification requirement shall, after notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, the awarding Department shall permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars.

The Prime Contractor’s Certification – DVBE Subcontracting Report (STD. 817) shall be sent via hard copy or sent electronically to the procurement contact stated in the Agreement. It is incumbent on the Contractor to submit the completed subcontracting report form timely at the end of the Agreement.

Link: File DVBE Subcontracting Report (ca.gov)

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

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

1. Target Area Contract Preference Act (TACPA) Preference

This solicitation contains Target Area Contract Preference Act (TACPA) preference request forms. Please carefully review the forms and requirements. Bidders are not required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of the bid.

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

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

Any questions regarding the TACPA preference should be directed to the Department of General Services, Procurement Division, TACPA Preference Program via email at TACPA@dgs.ca.gov.

To determine if a business is located within a TACPA qualified zone visit: Interactive TACPA Map

The required applications/forms are as follows:

· TACPA Preference Request for Goods and Services Solicitations (STD. 830): http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

· Manufacturer’s Summary of Contract Activities and Labor Hours (DGS/PD 525): https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf

· Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 526): https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

To read more about TACPA preference program visit: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=tacpa 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.

ATTACHMENTS

ATTACHMENT 1- REQUIRED DOCUMENTS CHECKLIST

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/documents 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.

|_| Yes

|_| Yes

|_| Yes

|_| Yes

|_| Yes

|_| Yes

|_| Yes |_| N/A

|_| Yes

|_| Yes |_| N/A

|_| Yes

|_| Yes |_| N/A

|_| Yes

*If applicable, this is required to be completed and submitted with your bid.

ATTACHMENT 2 – BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the “required attachments” as an entire package. Electronic signatures are acceptable. The bid must be sent electronically in accordance with the IFB instructions.

A. Our all-inclusive bid is submitted as detailed in Attachment 4, Bid Cost 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.

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

14. Are you certified with the Department of General Services, Office of Small Business (SB) and Disabled Veteran Business Enterprise (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:

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:

By checking “Yes” below, the Bidder certifies and claims credit for achieving a 3% - 5% (or more) DVBE incentive.

DVBE INCENTIVE CLAIMED Yes |_| ____% No |_|

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

NON-SB PREFERENCE CLAIMED Yes |_| ____% No |_|

Revised August 2024 Revised August 2024

ATTACHMENT 3 – COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION

All certified small business (SB), microbusiness (MB), 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)(b) (for DVBE) and Title 2 CCR, Section 1896.4 and 1896.62. A California certified SB, MB, or DVBE business must be deemed to perform a Commercially Useful Function (CUF) by meeting ALL of the following CUF requirements for Contract award consideration.

Answer questions 1-5 below, as they apply to your company for the goods and/or services being acquired in this solicitation.

COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION

The Bidder must complete this form and include it in their bid package. One (1) certification is to be completed for the Bidder and one (1) certification is to be completed for each subcontractor proposed by the Bidder.

Bidder Name:

Subcontractor Name:

A California certified SB, MB, or DVBE business must be deemed to perform a Commercially Useful Function (CUF) by meeting ALL of the following CUF requirements for Contract award consideration.

Answer questions 1-5 below, as they apply to your company for the goods and/or services being acquired in this solicitation.

4. Is 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.

If this is a SERVICE with NO goods involved, check N/A and go to #5.

or N/A ☐

If the answer to any of the five (5) questions is “NO” (except for #4 when marked with “N/A”), may result in your bid being deemed non-responsive. At the State’s option prior to award, Bidders may be required to submit additional written clarifying information.

ATTACHMENT 4 – 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.

The awarded contractor is to provide as part of the firm-fixed price Agreement provide all labor, equipment, tools, materials, parts, supplies, travel, supervision, and any other items and services necessary to accomplish the tasks and services described in Exhibit A, Scope of Work (SOW), in the Sample Standard Agreement section, of this IFB.

Please note: You may include a quote on company letterhead in addition to, but not in lieu of completing this worksheet. Our all-inclusive bid cost to the Franchise Tax Board for Bid Log # IFB-FTB-2425-00273-001 is as follows:

Cost per envelope (including sales tax)

Total Cost

Note: See Scope of Work for Envelope Specification and Details

Note: See Scope of Work for Test and Acceptance information

GRAND TOTAL

SAMPLE OF STANDARD AGREEMENT, STD 213

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

· STD 213 STANDARD AGREEMENT

· EXHIBIT A – SCOPE OF WORK

· EXHIBIT A-1 - ENVELOPE DIAGRAM AND DETAIL

· EXHIBIT A-2 - INDICIA DESIGN, PLACEMENT, AND DIMENSIONAL SPECIFICATIONS

· EXHIBIT A-3 - CARDBOARD CENTER DIVIDER DETAIL

· EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

· EXHIBIT C – GTC 417, GENERAL TERMS AND CONDITIONS (Incorporated by reference and made part of this…