IFB_No._10204303_(NorCal_Lab_Testing).pdf

STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES

715 P STREET, 7th FLOOR P.O. BOX 942836

SACRAMENTO, CA 94236-0001

Rev. 7-2-2024

INVITATION FOR BID

Notice to Prospective Bidders October 23, 2024

You are invited to review and respond to this Invitation for Bid (IFB) number 10204303 for soil testing services in Northern California. The anticipated term of this agreement is three (3) years. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, incorporates, by reference, the State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services (DGS) website:

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.

The CCC package contains clauses and conditions that may apply to your Agreement and to anyone doing business with the State. The Certification will be kept on file in a central location.

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.

Inquiries regarding the processing of this bid should be referred to Adam Dell’Aringa at (916) 902-6614.

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Sincerely, Mark Strahm, Division of Engineering

Attachment(s) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

IFB# 10204303

TABLE OF CONTENTS

Page Notice of State Program Participation Requirements 4 Bidder Minimum Qualifications 5 Bid Requirements and Information 6 Bid Key Action Dates 6 Questions and Answers 6 Submission of Bid 7 Evaluation and Selection Process 9

Tax Delinquent Status Verification Generative Artificial Intelligence (GenAI) Disclosure

Department of Industrial Relations Registration of Contractors and Prevailing Wage Monitoring and Enforcement 10

Award and Protest 10 Disposition of Bids 11 Standard Conditions of Service 11 Payee Data Record (Std. 204) 11 Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

Economic Incentive Program 12 Small Business Preference Program 12 Non-Small Business (NSB) Preference Application 16 Bid Checklist 18 Attachment I – Bid Sheet 20 Attachment II – Bid/Bidder Certification Sheet 22 Completion Instructions for Bid/Bidder Certification Sheet 23 Attachment III – Bidder References 24 Attachment IV – Darfur Contracting Act Certification 25 Attachment V – Generative Artificial Intelligence (GenAI) Reporting and Factsheet 26 Attachment VI – California DVBE Program Requirements (DWR 9526) 29 Attachment VII – DVBE Declarations (Std. 843) 31 Attachment VIII – Bidder Declaration (GSPD-05-105) 32 Attachment IX – California Civil Rights Laws Attachment 34 Attachment X – Iran Contracting Act 35 Sample Contract – Standard Agreement (Std. 213) 36 Exhibit A – Scope of Work 37 Attachment 1 – Sample Work Order 40 Exhibit B – Budget Detail and Payment Provisions - Private Entities 42

Attachment 1 – Bid Sheet Placeholder 43 Attachment 2 – Department of Industrial Relations (DIR) Registration Certification 44

Exhibit C – General Terms and Conditions 45 Exhibit D – Special Terms and Conditions for Department of Water Resources – Over

$10,000 Standard Payable (DWR 9544) 46

Attachment 1 – Recycled Content Certification Form (DWR 9557) 49 Exhibit E – Additional Provisions 51

Attachment 1 – DVBE Activity Report Form (DWR 9553) 57 Attachment 2 – Small Business/DVBE Subcontractor Payment Certification (DWR 9683) 59

NOTICE OF STATE MANDATED SB/DVBE PROGRAM

PARTICIPATION REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

The Department has determined that Bidders responding to this solicitation must comply with DVBE Program requirements. Instructions for completing DVBE program requirements are found in Attachment V, DVBE Program Requirements (DWR Form 9526). Please review these instructions carefully. Failure to fulfill the DVBE requirement will render your bid non-responsive and shall be cause for bid rejection.

This solicitation also contains DVBE Incentive language within Attachment V. The DVBE Incentive offers bidders an incentive calculation when they include DVBE subcontractors in their bid efforts.

Application of the Incentive may place the bidder in line for bid award. Minimum incentive applied will be three (3) percent, not to exceed five (5) percent.

Please review DVBE Incentive Language and form contained within this solicitation for additional information.

Small Business Program Information

If a bidding firm is not a California Certified Small Business and wishes to be considered for the small business calculation preference for this solicitation, bidder application for small business must be received by the Department of General Services, Office of Small and DVBE Business Services (OSDS) by the bid due date by close of business. Bidders seeking small business certification status must also notify the State in writing at the time of bid submission that they have an application for Small Business certification for review and approval at the DGS-OSDS.

Contact the DGS Office of Small Business and DVBE Services (OSDS) at internet website https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS or call

(916) 375-4940 for certification assistance.

For additional assistance meeting DVBE program requirements or inquiries about Small Business certification, please contact the Department of Water Resources SB/DVBE Program Manager via email SB.DVBE@water.ca.gov.

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS mailto:SB.DVBE@water.ca.gov

A. Purpose and Description of Services

Contractor will provide to Department of Water Resources (DWR) laboratory testing of soil, as described in Exhibit A, Scope of Work. The Contractor will furnish all labor, materials and equipment required to perform laboratory tests of soils in accordance with the specifications listed below and pursuant to work assignments by DWR.

B. Bidder Minimum Qualifications

1. Key Personnel/Staff Resumes: Provide a description of the organization of the proposed project team that demonstrates management, laboratory staff that is capable of providing the services outlined in Exhibit A. This description must include an organization chart outlining the key personnel listed in the proposal (including any sub-contractor personnel), and the project specific roles of each member of the management staff. Include resumes of all key staff proposed to work on the project. The Contractor will specifically identify a registered Civil Engineer with a minimum of five years of experience supervising similar services who will oversee all work performed under this contract. The Contractor will specifically identify laboratory personnel with at least three years of experience performing the specified laboratory tests.

Bidders will submit the names and resumes of individuals to be assigned to the project work as part of their bid. After award of the contract, new personnel must be approved in advance by the DWR Project Engineer. If any employee of the Contractor is unable to perform due to illness, resignation, or factors beyond the Contractor’s control, the Contractor will immediately submit qualifications of the proposed substitute personnel to DWR for approval.

If the Contractor’s personnel are judged by the DWR Project Engineer to be incapable of adequately performing the work, the employee will be removed and will be replaced within 48 hours.

2. Laboratory Location: Bidders will include locations of all laboratories where laboratory testing will be performed and will provide proof that the Bidder will utilize laboratories located within 40 miles of the Department’s Bryte Soils and Concrete Laboratory (1450 Riverbank Road, West Sacramento, CA 95605). Any bids which fail to provide evidence of adequately certified testing facilities (see item 3 below) within these areas will be considered non-responsive.

3. Laboratory Certification: For a Bid to be considered responsive, Bidder must provide evidence of at least one accredited laboratory. At minimum, each laboratory listed must satisfy the following accreditation requirements:

• Division of the State Architect (DSA): The laboratories must be an Accepted

Laboratory per DSA’s Laboratory Evaluation Acceptance (LEA) program on the basis of meeting designation ASTM E329, “Agencies Engaged in Construction Inspection and/or Testing.”

• US Army Corps of Engineers (USACE): The laboratories must be a Validated Laboratory per the USACE Materials Testing Center.

• American Association of Highway and Transportation Organizations (AASHTO): The laboratories must be accredited by AASHTO.

4. Bid Sheet: For a bid to be considered responsive, the Bidder must include a completed and signed Bid Sheet (Attachment I). Only those testing items presented on the Bid Sheet will be included as part of this contract. Any submitted fee schedules or other references to services that are not included on the Bid Sheet will be considered as reference only and will not be considered to be part of the bid submittal package.

C. Bid Requirements and Information

1. BID KEY ACTION DATES

All bidders must adhere to the following time schedule.

IFB available to prospective bidders on October 23, 2024 Technical questions must be submitted by November 5, 2024 @ 11:00 am Answers to technical questions will be disseminated by

November 6, 2024 @ 1:00 pm

Bids must be received by November 20, 2024 @ 11:00 am Bid opening to be held on November 20, 2024 @ 1:00 pm Anticipated start date of agreement is December, 2024.

Bid Openings: Sealed bids will be publicly opened and read via a TEAMS link. You may participate using the link provided below.

Topic: Public Bid Opening IFB # 10204303 Soil Testing services (Northern California) Time: November 20, 2024 @ 1:00 pm

Join TEAMS Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTEzMGZlMDQtNDNjYi00YTdlLWJkMzgtYWVlNGNhY2NmM WFi%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd- 7fd177884564%22%2c%22Oid%22%3a%22590e9182-a17f-4db4-9436- 5073408cf34b%22%7d

Or by Telephone (audio only):

Dial: tel: 1 (916) 573-2034 Phone Conference ID: 108 330 276#

*Please note that the bid opening via TEAMS will be visual only with no opportunity for questions and answers.

2. LOCATION WHERE WORK WILL BE PERFORMED:

The services will be performed at the Contractor’s place of business. The Contractor’s place of business shall be located within 40 miles of the Department’s Bryte Soils and Concrete Laboratory (1450 Riverbank Road, West Sacramento, CA 95605).

3. QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to adam.dellaringa@water.ca.gov and received by the State on or before November 5, 2024 @ 11:00 am. The State’s representatives will provide answers in writing to all potential bidders by November 6, 2024 @ 1:00 pm.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTEzMGZlMDQtNDNjYi00YTdlLWJkMzgtYWVlNGNhY2NmMWFi%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22590e9182-a17f-4db4-9436-5073408cf34b%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTEzMGZlMDQtNDNjYi00YTdlLWJkMzgtYWVlNGNhY2NmMWFi%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22590e9182-a17f-4db4-9436-5073408cf34b%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTEzMGZlMDQtNDNjYi00YTdlLWJkMzgtYWVlNGNhY2NmMWFi%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22590e9182-a17f-4db4-9436-5073408cf34b%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTEzMGZlMDQtNDNjYi00YTdlLWJkMzgtYWVlNGNhY2NmMWFi%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22590e9182-a17f-4db4-9436-5073408cf34b%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTEzMGZlMDQtNDNjYi00YTdlLWJkMzgtYWVlNGNhY2NmMWFi%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22590e9182-a17f-4db4-9436-5073408cf34b%22%7d

4. SUBMISSION OF BID

a. Bids must be submitted by mail, hand delivery, UPS, express mail, or Federal Express.

i. Bids by USPS must be submitted to:

Department of Water Resources Contract Services

Attn: Adam Dell’Aringa P.O. Box 942836

715 P Street Sacramento, CA 94236-0001

ii. Bids by hand delivery, must be submitted to Contract Specialist Adam Dell’Aringa on or before the November 20, 2024 by 11:00 am. Please coordinate a day and time via phone (916) 902-6614 or e-mail adam.dellaringa@water.ca.gov.

iii. Bids by UPS, express mail, or Federal Express must be submitted to:

Contract Services

Attn: Adam Dell’Aringa

Sacramento, CA 95814

b. All bids must include original signatures on the following documents: Bid/Bidder Certification Sheet and any other documents specified in the Bid Checklist.

c. Bids not including the documents identified in the Bid Checklist shall be deemed non-responsive and will be rejected.

d. All bids are to be sent to DWR within the time frame indicated in the Time Schedule. Bids received after the due date and time will be returned unopened to the prospective bidder.

e. All bids must be submitted under sealed cover. The sealed cover must be plainly marked with the IFB title and number, must show your firm’s name and address, and must be marked with “DO NOT OPEN.”

f. Bids not submitted under sealed cover will be rejected. A minimum of two signed bids must be submitted. One bid must be submitted in hardcopy. One bid must be submitted in an electronic format (Word and/or PDF File) on a USB Drive. Both bids must be signed and submitted in the same envelope. USB Drives can be returned at the request of the bidder once the solicitation is concluded.

g. Bids must be submitted for the entire service described within the Scope of Work.

Deviations from the specifications will not be considered and will be cause for rejection of the bid.

h. The State does not accept alternate language from a bidder. A bid with such language will mailto:adam.dellaringa@water.ca.gov be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

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

j. Costs for developing bids and preparation of award of the Agreement are entirely the responsibility of the bidder and shall not be chargeable to the State.

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

l. A bidder may modify a bid after its submission by withdrawal and resubmission before the bid due date. Modification of a bid offered in any other manner, oral or written, will not be considered.

m. A bidder may withdraw their bid by submitting a written request to the State for its withdrawal, signed by the bidder or an agent authorized in accordance with Paragraph l above. A bidder may thereafter submit a new bid before the bid submission deadline. Bids may not be withdrawn after the bid due date. Bids received after the due date and time will be returned unopened to the prospective bidder.

n. DWR 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.

o. If all bids are too high, DWR is not required to award an Agreement.

p. Bids are public upon bid opening.

q. Bidders are cautioned not to rely on the State during the evaluation to discover and report all defects and errors in the bid documents. Bidders should carefully proof read documents for errors and adherence to the IFB requirements prior to bid submittal.

r. Where applicable, the bidder should carefully examine the worksite and specifications.

Bidder shall investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made because of failure to thoroughly examine the worksite and specifications.

s. Public Bid Openings may be conducted in person or online. Bid openings conducted online will be done virtually using TEAMS. You may participate using the link provided in the solicitation under Section C Paragraph 1 above.

5. EVALUATION AND SELECTION PROCESS

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

b. Bids containing false or misleading statements or providing references that do not support an attribute or condition claimed by the bidder may be rejected. If, in the opinion of the State, 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.

c. 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.

d. Bids submitted that include option years will be evaluated based on the total bid amount for all years provided for the overall bid ranking. However, the total bid amount, for determining the contract amount will not include the option years.

e. The contract will be awarded to the lowest responsible bidder after consideration of any applicable preferences. If there are tied bids, representatives of the State will draw straws to pick the winning bidder. The drawing will be witnessed and documented by two or more State employees.

6. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012 Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the web sites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

7. GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) DISCLOSURE

a. 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.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10295.4.&lawCode=PCC https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

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

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

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

e. 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.

f. 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.

8. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION OF CONTRACTORS AND

PREVAILING WAGE MONITORING AND ENFORCEMENT

a. In addition to complying with other applicable laws, effective for all bids on public works received on or after March 1, 2015, each bidder submitting a bid for such contract work must be a Department of Industrial Relations Registered Contractor pursuant to Labor Code § 1725.5 (“DIR Registered Contractor”). A Bidder who is not a DIR Registered Contractor when submitting a bid for the contract work is deemed “not qualified.” Pursuant to Labor Code § 1725.5, all subcontractors identified in a Bidder’s Subcontractor’ List shall also be DIR Registered Contractors.

b. Effective for contracts for public works awarded on or after April 1, 2015, all awarded Prime

Contractors, and all subcontractors of any tier, at all times during the performance of the work, shall be DIR Registered Contractors. Also, all such contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (of the Division of Labor Standards Enforcement). The contracts are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

c. Effective January 1, 2016, all public works projects whether new or ongoing are subject to the requirement to furnish electronic certified payroll records directly to the Labor Commissioner.

d. All contractors who are awarded a contract shall also post any required notice adopted by DIR regarding prevailing wage monitoring and enforcement program.

9. AWARD AND PROTEST

A bidder may protest the award of a contract on the grounds that it (the bidder) is the lowest responsible bidder meeting the specifications and should therefore be awarded the contract.

A protestant must be able to prove that the awarding agency has committed a material error in the conduct of the bid award process.

Public inspection of all bids will be allowed after the bid opening.

Protests must be received in a timely manner pursuant to Public Contract Code Section 10345, as applicable. In order to be considered timely, a protest must be filed with the State Agency https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2Ffmc%2Fpdf%2Fstd1000.pdf&data=05%7C02%7CMark.DeCell%40water.ca.gov%7Cf8a446d395ee4c1eced908dc9a01cffd%7Cb71d56524b834257afcd7fd177884564%7C0%7C0%7C638554579826833618%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=YxcgYBWgEmi7Nvwp3vYPl%2BakRQzXlS9j0mimpOYL9yQ%3D&reserved=0 conducting the solicitation and DGS before the contract award is made.

Please note that if the award will be made to other than the low bidder, any protests must be filed within five business days of notice to the low bidder that the contract was awarded to another bidder. If a written request was submitted by a bidder to the State agency requesting that a notice of intent to award be posted, the protest must be filed during the five business days the notice is posted.

Within five business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

Both the original protest and/or the detailed statement of protest, if any, must include the IFB number, the name of the State Agency conducting the solicitation, State agency contact person, and protestant’s fax number, if any.

The protest documents may be sent by regular mail, email, courier, or personal delivery to:

Department of General Services

Office of Legal Services Attention: Bid Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

AND

Contract Specialist Email Address: adam.dellaringa@water.ca.gov

Upon receipt of the protest, DGS shall send the protestant an acknowledgement letter and thereafter communicate with the parties regarding further disposition of the protest.

10. DISPOSITION OF BIDS

Upon bid opening, all documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 7920 et seq.) and are subject to review by the public. Bids may be returned at the request and expense of the bidder.

D. Standard Conditions of Service

1. Service(s) shall not commence until the Agreement is fully executed and all approvals have been obtained.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement unless this Agreement is amended to extend the term.

3. No oral understanding or agreement shall be binding on either party.

E. Payee Data Record

1. The Contractor awarded this Agreement must have completed and submitted form STD 204, Payee Data Record, to determine if the Contractor is subject to a seven percent State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

mailto:OLSProtests@dgs.ca.gov mailto:adam.dellaringa@water.ca.gov

2. No payment shall be made unless the Payee Data Record form has been completed and returned to the State.

F. Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and

Contractors)

1. The selected contractor awarded this Agreement must complete and submit the form DWR 9524a, Key Employee Policies and Guidelines Notice Acknowledgment. These policies and guidelines communicate expectations for contractors. Every contractor or subcontractors employee is expected to read and understand the material contained within. Primary contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. Economic Incentive Programs

Bidders may be eligible for additional preferences when their place of business is located within certain economic regions and when they hire persons living and working within those economic regions. Please access the following links to read information about these economic incentive programs.

TACPA CONTRACT 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.

• TACPA Preference Request (STD 830):

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

• Bidder’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf

• Manufacturer’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf

Any questions regarding the TACPA preference should be directed to DGS, Procurement Division at (916) 375-4609.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf

H. Small Business Preference Program

1. The Small Business Procurement and Contract Act (Gov. Code Section 14835 et. seq.)

requires that a fair share of the State’s purchases and contracts for goods, information technology services and construction be placed with a certified Small Business (SB) or Micro-Business (MB). The Act mandates that state agencies:

a. Establish participation goals,

b. Provide a 5% small business calculation preference, and

c. Provide the opportunity for bidders to receive a 5% non-small business calculation preference when achieving 25% small business participation through subcontracted efforts.

2. SMALL BUSINESS PREFERENCE

The Small Business preference offers certified SB’s and MB’s a calculation preference in the amount of five percent (5%) of the lowest responsible bid submitted by a bidder who is not a certified small business. The SB preference is used as a calculation for determining the lowest bidder and does not affect the actual price bid.

The State will grant SB’s a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business (NSB) has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

a. Includes in its bid a notification to the awarding department that it is a small business or that it has submitted to DGS Office of Small Business & Disabled Veteran Business Enterprise Services (OSDS) a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by DGS as a small business; and

b. Submits a timely, responsive bid; and

c. Has been determined to be a responsible bidder.

Bidders having pending Small Business or DVBE Certification applications under review by DGS, concurrent with the bid time frame should contact DGS/OSDS to request an expedite review/approval of their application in order to be considered for the SB preference during the evaluation of this bid.

Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process.

Bidders must notify the State in writing at the time of bid submission that they have an application for Small Business or DVBE certification under review at the DGS Office of Small and Disabled Veteran Business Certification, and that they wish to be considered for the Small Business Preference Calculation.

3. NON-SMALL BUSINESS PREFERENCE

Non-small business bidders will be granted a five percent (5%) non-small business preference on a bid evaluation when a responsible non-small business has agreed to subcontract at least 25 percent of their bid price with a California certified Small Business and if the non-small business bidder’s bid is not the low price bid, or when a proposal has been not been ranked as the highest scored bid pursuant to the evaluation of the solicitation. Responding bidders must:

a. Include in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more California certified small business(s),

b. Submit a timely bid as specified in the bid document,

c. Be determined to be a responsive, responsible bidder and

d. Identify the California certified small business(s) it commits to subcontract with. The bidder shall list certified Small Business subcontractors and include their name, address, phone number, a description of the work to be performed, and the percentage (as specified in the solicitation) per subcontractor.

4. CALCULATING NON-SMALL BUSINESS PREFERENCE

The non-small business (NSB) calculation preference five percent (5%) is used for bid evaluation purposes only. Awards made as a result of the NSB preferences shall be awarded at the bidder’s original bid price. The preference shall be computed as follows:

Bidder A, (Low Bid), non-small business: $125,000 Bidder B, non-small business (subcontracting 25% to a certified small business)

$131,000

Calculation Preference: $125,000 x .05 = $6,250

Bidder B $131,000 Subtract calculated preference - $6,250

Adjusted Bid for Bidder B $124,750

Award is made to Bidder B as the low bidder at the bid price of $131,000.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the bid of a small business and the bid of a disabled veteran enterprise that is also a small business, the award shall go to the disabled veteran that is also a small business.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the small business or non-small business subcontractor preferences awarded on a single bid exceed $50,000, and in no event shall the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. The five percent (5%) calculation preference is used for computation purposes only and does not alter or affect the actual bid price or the amount of the executed contract. When a certified small business is the lowest responsive, responsible bidder, then there is no need to compute the small business preference as the small business is the low bidder.

7. COMMERCIALLY USEFUL FUNCTION (Government Code 14837)

A certified small business, micro-business contractor, subcontractor or supplier, must meet commercially useful function requirements under Government Code section 14837(d) (4).

Selected firms must perform a “commercially useful function” relevant to this contract.

The term “small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements in accordance with Government Code Section 14837 (d) (4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. A person or an entity is deemed to perform a “commercially useful function” if that person or entity does all of the following:

1. Is responsible for the execution of a distinct element of the work of the contract.

2. Carries out contractual obligations by actually performing, managing, or supervising the work involved.

3. Performs work that is normal for its business services and functions.

4. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

5. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, and, if applicable, making payment

6. Its role is not an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

8. BIDDER CUF REQUIREMENTS

The Department will determine, to the best of its ability, that your firm meets the criteria above for commercially useful function (CUF). In responding to this solicitation, you are confirming that, under Government Code 14837 (d) (4) above, your business provides goods and/or services meet the definition of “commercially useful function”. All bidders are required to provide CUF documentation using the attached State’s Bidder Declaration Form GSPD-05-105, Attachment VII, included in the solicitation document. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Any bidder awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless the State agrees to a substitution.

9. PENDING SMALL BUSINESS CERTIFICATION

If your firm is currently seeking small business certification for small business preference related to this solicitation, you must have: 1) notified DGS/OSDS that you are responding to a solicitation and are seeking an Expedite Review of your small business certification application in relation to the solicitation, 2) provided DGS/OSDS with the bid Key Action Dates page from the bid itself and 3) must have submitted a complete application with all required forms and documentation to DGS/OSDS for review and approval by close of business of the Bid Submittal due date.

Notify the State representatives if, at the time of bid submission, your firm has a pending small business application with the DGS/OSDS. State representatives will verify your certification is pending or has been approved.

I. Disabled Veteran Business Enterprise Program

This solicitation includes DVBE program requirements. Please refer to DWR Form 9526, Attachment V for instructions about program documentation and compliance.

DWR PROGRAM MANAGER PRE-REVIEW OF DVBE DOCUMENTATION

The Department’s DVBE Program Manager offers a pre-review of a bidder’s DVBE documentation prior to proposal submission. Since non-compliance with the DVBE program is immediate cause for rejection, the State strongly recommends firms interested in bidding take advantage of this opportunity to ensure they are fully compliant with DVBE Program requirements.

Upon satisfactory review of the firm’s DVBE documentation, the DWR Program Manager issues a Notification of Compliance. To request a pre-review of your DVBE documentation, please submit the documentation to the attention of:

SB/DVBE Program Manager Email: SB.DVBE@water.ca.gov

DVBE INCENTIVE PROGRAM

Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides responsive and responsible bidders the opportunity to receive additional incentive calculations.

The incentive is applied at the time of solicitation evaluation when a proposing firm identifies and commits to using a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract. Application of the DVBE Incentive may place the bidder in line for contract award.

The following are key elements of the DVBE Incentive Program:

a. The DVBE Incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation.

b. DVBE Incentive participation is at the discretion of the bidder and is optional when overall DVBE program requirements are exempt by the State for that solicitation.

c. When requesting the Incentive application, a bidder must complete and return the DVBE

Incentive Application Request included within this solicitation with their proposal at time of submission.

d. Services or commodities provided by the DVBE firm MUST meet the definition of CUF as defined under Military and Veterans Code 999 (B) (i) (ii) and under California Code of Regulations 1896.71 (l). A DVBE firm determined as not meeting CUF regulations will render the responding firm ineligible for the DVBE Incentive application.

ORDER OF EVALUATION

For purposes of evaluation, first Small Business preference will be applied, followed by the DVBE Incentive calculation.

BID CHECKLIST

Please review the following checklist for a list of documents that must be returned with your bid package. Please read the State of California’s General Terms and Conditions (GTC) before signing and submitting your bid package. The State does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The GTC’s are not negotiable. Unless otherwise noted, failure to include the required documents will be cause for bid rejection.

DOCUMENTS REQUIRED WITH SUBMISSION OF BID

Attachment I – Bid Sheet (must be signed and include all pages) Attachment II – Bid/Bidder Certification Sheet Attachment III – Bidder References

Attachment IV – Darfur Contracting Act Certification Attachment V – GenAI Reporting and Factsheet

Attachment IX – California Civil Rights Laws Attachment Attachment X – Iran Contracting Act Current valid copy of the DIR Registration Resumes of Individuals to be assigned to the project work and organization chart (per Section

B.1) Proof of laboratory/filed staff with three years of experience performing the specific field and laboratory tests (per Section B.1) Name of Registered Civil Engineer with minimum of five years experience supervising similar services who will oversee all work performed under this contract (Per Section B.1) Include locations of all laboratories where laboratory testing will be performed and provide proof that the Bidder will utilize laboratories located within 40 miles of the Department’s Bryte Soils and Concrete Laboratory. (per Section B.2)

Proof of at least one accredited laboratories within the geographical locations indicated (per Section B.2). At a minimum, laboratory listed must satisfy the following accreditation requirements:

o Division of the State Architect (DSA)’s LEA program.

o US Army Corps of Engineers (USACE) o American Association of High way and Transportation Organizations (AASHTO)

SMALL BUSINESS PROGRAM

Small Business Certification from Office of Small Business and DVBE Services(OSDS) when prime firm is SB or MB certified Non-Small Business Calculation Preference Request Form (required when prime is requesting

Non-Small Business preference consideration) Current Small Business Certification for proposed SB subcontractor (must accompany a bidder’s Non-Small Business Preference request)

DVBE PARTICIPATION PROGRAM

If you are a prime firm, DVBE-certified, you must complete and return: DGS OSDS DVBE certification, Std. 843, the DVBE Declaration; the GSPD-05-105 Bidder Declaration.

Attachment VI, Bidder Certification of DVBE Participation (DWR 9526) CA-certified DVBE Primes – attach certification from DGS/OSDS Attachment VII, DVBE Declaration (Std. 843) Attachment VIII Bidder Declaration (GSPD-05-105) DVBE subcontractor(s) – attach certification from DGS/OSDS DVBE Program Manager’s Notification of Compliance (if obtained in advance from the DVBE

Manager)

ADDITIONAL STATE MANDATED PREFERENCE PROGRAMS

Required only when the bidding firm claims following:

Target Area Contract Preference Act (TACPA) (Std. 830)

DOCUMENTS REQUIRED UPON CONTRACTOR SELECTION/BID AWARD

These documents are not required at the time of bid submittal; however these documents will be required of the awarded firm upon contractor selection/bid award.

Contractor Certification Clauses (CCC) (CCC must be signed once a contractor has been selected)

Payee Data Record (Std. 204) Certificate(s) of Insurance Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

ATTACHMENT I

BID SHEET

The estimated quantities indicated below will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency.

However, the actual costs quoted below by the bidder shall be binding for the term of the Agreement.

The bidder hereby agrees to provide all labor, materials, licenses, permits, and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work. The rates listed on this Bid Sheet shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.

The bidder is required to bid each item. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid. A zero dollar ($0.00) amount listed for any and all items will be interpreted and understood by the State to mean that the bidder indicating a zero dollar amount shall perform any such services, up to and including the quantity indicated, at no cost to the state.

LABORATORY TESTING

ITEM

NO. LABORATORY TEST EST.

QUANTITY UNIT UNIT PRICE EXTENDED

AMOUNT

1 ASTM D4767 150 Each

2 ASTM D2435 150 Each

3 ASTM D3080 100 Each

4 ASTM D2166 100 Each

5 ASTM D2850 100 Each

6 ASTM D4546 100 Each

7 ASTM D2434 100 Each

8 ASTM D5084 100 Each

9 ASTM D2937 200 Each

10 ASTM D2974 50 Each

11 ASTM D4644 50 Each

12 ASTM 4647 50 Each

13 CTM 643 50 Each

14 CTM 417 50 Each

15 CTM 422 50 Each

16 ASTM C117 10 Each

17 ASTM C127 10 Each

18 ASTM C128 10 Each

19 ASTM C131 10 Each

20 ASTM C136 10 Each

21 ASTM C535 10 Each

22 ASTM C566 10 Each

23 ASTM D6913 50 Each

24 ASTM D7928 50 Each

25 ASTM D1557* 50 Each

26 ASTM D2216 50 Each

27 ASTM D2419 10 Each

28 ASTM D2487 50 Each

29 ASTM D2844 50 Each

30 ASTM D4253 50 Each

31 ASTM D4318 200 Each

32 Cal Test 216 50 Each

33 ASTM D4829 50 Each

ITEM

NO. DESCRIPTION EST.

QUANTITY UNIT UNIT PRICE EXTENDED

AMOUNT

34 Additional Services 100 Hour

Total Amount of Laboratory Testing $ ___________________

Total Amount of Additional Services $ ___________________

Total Amount of Bid $____________________

NO GUARANTEE OF WORK UNDER THIS CONTRACT.

In the event of computational error, unit prices will prevail over extended totals. The State will check bid calculations and recalculate bid totals.

Company Name

Printed Name and Title of Bidder

Signature of Bidder

Date

I certify under penalty of perjury under the laws of the State of California, the foregoing is true and correct.

ATTACHMENT II

BID/BIDDER CERTIFICATION SHEET

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

Do not return Bid Requirements and Information or the Sample Agreement.

A. Our all-inclusive bid is submitted as detailed in Attachment I, Bid 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. Email

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 Certification and Resources (OSDS) as:

a. California Small Business Yes No If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No If yes, enter your service code 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:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers 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 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 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 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.

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, 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.