IFB_No._125328.pdf

April 1, 2026

TO PROSPECTIVE BIDDERS

SUBJECT: INVITATION FOR BID (IFB) No. 125328

ON-SITE CONFIDENTIAL DESTRUCTION SERVICES FOR EDD FACILITIES IN THE

NORTHERN CALIFORNIA REGION

Term: August 1, 2026 through June 30, 2029

The Employment Development Department (EDD) invites you to submit your bid for the above service in accordance with the attached Specifications.

If you wish to bid, see the Instructions to Bidders. If you make any additions or modifications to the IFB package, it may result in the rejection of your bid. The EDD reserves the right to reject any or all bids. Disabled Veteran Business Enterprise Participation and Incentive requirements are waived for this IFB.

Bids must be received and date stamped in the Contracts Services Group no later than

Wednesday, April 15, 2026, by 3:00 p.m. (PT)

If you have any questions, please contact me at Christina.Alexander@edd.ca.gov.

/s/CHRISTINA ALEXANDER Associate Contract Analyst

Enclosures Cc: Joshua Bustos mailto:Christina.Alexander@edd.ca.gov

Time: 3:00 p.m.

Exhibit Pages

Instructions to Bidders

A Scope of Work Exhibit A-1, Specifications Exhibit A-2, Northern California Region Office List Exhibit A-3, State of California Holiday Schedule………………………… 1

B Budget Detail and Payment Provisions……………………………………….. 1

C *General Provisions – 02/2025

D Special Terms and Conditions

E Safeguarding Contract Language – Administrative Requirements……….. 2

F Safeguarding Contract Language……………………………………………... 3

G Sample Standard Agreement, STD 213

Attachments Pages

1 Cost Proposal

2 Bidder Declaration

3 Contractor Contractor Clauses (CCC 04/2017)…………………………. 4

4 Certification Regarding Debarment …………………………

5 Darfur Contracting Act Certification

6 California Civil Rights Laws Certification

7 Certification Regarding Lobbying

8 STD 204, Payee Data Record

9 STD 205, Payee Data Record Supplement………………………………

*View at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Employment Development Department 722 Capitol Mall, MIC 62-C

P.O. Box 826880 Sacramento, CA 94280-0001

Invitation for Bid No. 125328

Bid Due Date: April 15, 2026

STATE OF CALIFORNIA

EMPLOYMENT DEVELOPMENT DEPARTMENT

INSTRUCTIONS TO BIDDERS

Invitation for Bid (IFB) No. 125328

1. Submission of Bids

a. Failure to read these instructions, the Specifications, and the Terms and Conditions included in this bid package will be at the bidder's risk. Written instruction(s) regarding the submission of bids shall take precedence over any verbal instruction(s).

b. Bidders shall complete and return the IFB Requirements Checklist, found on page 10, and all supporting documents listed. If mailed, the exterior of your envelope must clearly be noted: “INVITATION FOR BID, DO NOT OPEN IN MAIL ROOM, IFB NO. 125328.”

c. All submitted documents must be signed by an authorized representative of the bidder’s firm.

The forms must be completed in ink or typewritten. If errors are made, they must be crossed out and corrections printed in ink or typewritten adjacent to error. Corrections must be initialed in ink by person signing the bid forms.

d. The EDD reserves the right to reject any or all bids and may waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the solicitation documents, or excuse the bidder from full compliance with the solicitation specification if awarded the contract. The EDD is not required to award an agreement.

e. Bid packages must be received and time stamped in Contract Services Group no later than 3:00 p.m. (PT) on the bid closing date of April 15, 2026. Signed copies of the sealed bid package are to be emailed, mailed or delivered to:

Regular, Overnight and/or Express Delivery:

Employment Development Department Mail Services 1416 9th Street, MIC 62-C Sacramento, CA 95814 Attn: Christina Alexander, MIC 62-C

Email Delivery:

Christina.Alexander@edd.ca.gov

Bids received and time stamped after 3:00 p.m. (PT) on the bid closing date of April 15, 2026, will be considered "late", disqualified and will be returned to sender.

Public Bid Opening

The public bid opening is scheduled for April 16, 2026 promptly at 9:00 a.m. The event will be held at the following address:

1416 9th Street Sacramento, CA 95814

Upon arrival, all attendees are required to check-in with security and sign-in on the bid opening record. All attendees will be escorted to the appropriate location.

SBQ No. 125328 mailto:Christina.Alexander@edd.ca.gov

During the bid opening, each submission will be opened, read aloud, documented, and examined for preferences and incentives. To ensure efficiency, all questions and answers will be kept to a minimum.

2. Key Action Dates

Action Date Release IFB April 1, 2026 Deadline to Submit Questions April 6, 2026 by 3:00 PM PT Response to Questions April 9, 2026 by 5:00 PM PT Proposals Due April 15, 2026 by 3:00 PM PT Intent to Award Week of April 20, 2026 Contract Commencement August 1, 2026, or upon final approval

3. Online Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) Certification Process

California’s SB and DVBE firms can now file their applications and get certified online via the Department of General Services website at: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small- Business-Disabled-Veteran-Business-Enterprise. Small Businesses and DVBEs can access the numerous benefits that come along with certification in a more timely and efficient manner.

4. Replacement of Disabled Veteran Business Enterprise Subcontractors

If for this Agreement, the Contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then the Contractor must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Agreement have been made to the DVBE(s), and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military & Veterans Code section 999.5(d)).

The Contractor understands and agrees that should award of this Agreement be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code section 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 the 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 Military and Veterans Code section 999.9, Public Contract Code (P.C.C.) section 10115.10 or P.C.C. § 4110 (applies to public works only).

SBQ No. 125328 https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

5. Award of the Agreement

a. Award will be made to the lowest responsible bidder meeting specifications and offering to supply the services described. The firm submitting the lowest responsible bid may be required to submit evidence that they have available, as needed, sufficient resources to provide the necessary equipment and personnel to enable them to meet the requirements of the Contract, and may also be required to furnish information as to their financial responsibility.

b. It is understood and agreed that following the award of the Contract, the successful bidder shall agree to comply with all Exhibits attached herein, and provide the required documents requested (i.e., bonds, insurance certificates, etc.) in order for the EDD to complete the execution of a Standard Agreement (STD. 213).

c. Small Business/Microbusiness (SB/MB) and Small Business/Nonprofit Veteran Service Agency (SB/NVSA) Certification Preferences

A SB/MB and SB/NVSA Certification Preferences are applicable to the award of this Contract.

(1) Certified SB/MB and SB/NVSAs may claim preference when submitting a bid on this Contract. The preference is equal to five percent (5%) of the lowest responsible bid.

When the lowest responsible bid is not submitted by a certified small business, the preference becomes applicable. Please note that the preference is used for computation purposes only (to a maximum amount of $50,000) in determining the successful bidder. It does not alter the amount of the resulting contract.

(2) To learn more about the SB/MB and SB/NVSA Preference Programs and how your business might qualify, contact the Office of Small Business and DVBE Services at

(916) 375-4940.

6. Rejection of Bids

a. If the bid is received after 3:00 p.m. (PT) on the due date of April 15, 2026 as stipulated in the bid package, the bid shall be rejected and returned to sender.

b. If it is found that a bidder is not responsible (i.e., has not paid taxes; has submitted a bid when the bidder’s license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement; submitted a bid without an authorized signature; falsified any information in the proposal package or has provided poor performance on a previous contract with the EDD, etc.), the bid/proposal shall be rejected.

c. If it is found, upon license verification with the Contractor's State Licensing Board, that a bidder's license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement, the proposal shall be considered nonresponsive and shall be rejected.

d. The EDD reserves the right to reject any and all bids and to waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the bid document or excuse the bidder from full compliance with the solicitation document specifications if awarded a Contract.

SBQ No. 125328

7. Tie Bids

In the event of a tie between two bidders, a coin toss will be used to determine the winner.

Any coin toss shall be observed by witnesses, and the tied bidders would be invited to have representatives present. Location and time will be announced to all bidders.

8. Subcontractors

No subcontracting will be allowed to circumvent competitive bidding. A certified Small Business/Microbusiness, Small Business/Nonprofit Veteran Service Agency or a certified Disabled Veteran Business Enterprise will only be permitted to subcontract in order to meet Department requirements and/or preferences. The subcontracting services and amount shall not exceed 25 percent (25%) of the bid. The Contractor shall be solely responsible for fulfilling the requirements of the bid. If it is anticipated that subcontractors will be used, the bid must include the name(s) of person(s) or firm(s), and must specify the portions and monetary percentages of the work to be done by them.

9. Subcontractors Substitution

If EDD gives written approval to subcontract, Public Contract Code section 4107 authorizes an awarding authority to consent to substituting a subcontractor when the subcontractor listed in the bid fails or refuses to execute a written Contract for the Scope of Work specified in the subcontractor's bid, and at the price specified in the subcontractor's bid.

10. Disposition of Bids

All material submitted in response to this bid package will become the property of the EDD and will become a public record after Award.

11. Grounds For Protest

a. Those who may protest are as follows:

• For IFBs, the lowest responsible bidder meeting the specifications (if not awarded the Contract).

b. There is no protest if the awarding agency rejects all bids or proposals, based on the interest of the State.

12. Protest Exclusions

The State has no jurisdiction to consider a protest when:

• The Contract is considered a public works contract.

• The Contract award is for a type of contract not subject to the protest procedures. This category includes contracts for maintenance, modification, and so forth of real or personal property, including equipment and contracts for professional services under Government Code section 4525.

• The protestant was not the lowest responsible bidder or the highest-scored proposer.

• The protestant was not a bidder or proposer, and seeks to contest the award. The only recourse in this case is through the civil courts.

• The protest was not submitted in a timely manner.

• The grounds for the protest do not meet the permissible grounds stated in the P.C.C.

13. Notification of the Right to Protest

Unsuccessful bidders who wish to protest this award must submit a detailed, written statement of protest, including the IFB No., the name of the State agency involved, and the agency contact person. The protest must be submitted within five (5) working days following the bid opening. All protests must be submitted to both of the following:

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

Employment Development Department Contract Services Group 1416 9th Street, MIC 62-C

Sacramento, CA 95814 Email: BOPSDContractsExternal@edd.ca.gov

14. Conditions and Commitment

By signing and submitting a bid package, the bidder acknowledges it has read, understood, and agrees to the following provisions:

a. General Provisions – 02/2025 available for viewing at: GTC 02/2025

b. Performing a Commercially Useful Function: In accordance with Government Code section 14837 and Military and Veterans Code section 999, all certified SB/MB or DVBE contractors, subcontractors and suppliers that bid on or participate in a state contract, regardless of whether it is a verbal or written solicitation must perform a Commercially Useful Function (CUF). A certified SB/MB or DVBE is deemed to perform a CUF if the business does all of the following:

• Is responsible for the execution of a distinct element of the work of the Contract.

• Carries out its obligation by actually performing, managing, or supervising the work involved.

• Performs work that is normal for this business services and functions.

• 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.

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

c. Payee Data Record, STD. 204

Revenue and Taxation Code section 18646 requires state agencies to file information tax returns (IRS Form 1099) for certain types of payments made to vendors. The successful bidder will be required to complete and submit a Payee Data Record, STD. 204 to the EDD before processing payment for services. Upon completion of the work in a manner satisfactory to the EDD, the EDD agrees to make payments in accordance with the contract provisions.

SBQ No. 125328 mailto:OLSProtests@dgs.ca.gov mailto:BOPSDContractsExternal@edd.ca.gov https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf

d. California Taxpayer and Shareholder Protection Act of 2003

This solicitation and any resulting contract are subject to all requirements as set forth in the Public Contract Code section 10286 which includes, but is not limited to, providing written submission of a declaration stating that the supplier is eligible to contract with the State of California pursuant to statutory requirements.

Failure of the supplier to comply with and provide information, when requested by the awarding department within the time indicated, will cause the supplier's bid response to be considered nonresponsive and their bid will be rejected.

e. Registered To Do Business In California

Corporations, Limited Liability Companies (LLCs), and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded a contract. The Secretary of State Certificate of Status must be included with the bid. The Secretary of State may be contacted as follows:

California Secretary of State Division of Corporate Filing and Services

1500 Eleventh Street, Third Floor Sacramento, CA 95814-5701

Certification Unit: (916) 657-5251

Required document(s) may also be obtained at the following website:

https://bizfileonline.sos.ca.gov/

f. Prohibition of Tax Delinquents from Contracting

The State of California is prohibited from entering into any contracts for the acquisition of goods and services with persons whose name appears on either list of the 500 largest tax delinquencies pursuant to section 7063 or section 19195 of the Revenue and Taxation Code. Reference also to P.C.C. § 10295.4.

Bidder certifies that it is not included on the California Department of Tax and Fee Administration list at: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm or the Franchise Tax Board list at: https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html

g. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in California Business and Professions Code section 17030.

h. Declaration Forms

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response.

Bidders who have been certified by California as a Disabled Veteran Business Enterprise Declaration (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).

SBQ No. 125328 https://bizfileonline.sos.ca.gov/ https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf http://www.boe.ca.gov/cgi-bin/deliq.cgi https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The completed form should be included with the bid response. At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

i. Insurance Requirement

The Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, the Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and the Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the EDD may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. The Contractor shall provide written notice to the EDD within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

The Contractor shall display evidence of the following coverage on an ACORD certificate:

j. General Liability Insurance – The Contractor shall furnish to the EDD a certificate of insurance prior to commencement of work stating there is general liability insurance in effect for the Contractor in an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined.

The certificate of insurance must include the following provision stating:

“The State of California, its officers, agents, employees and servants are included as additional insured, but only with respect to work performed for the EDD under this Contract.” The additional insured endorsement must accompany the certificate.

k. Workers' Compensation and Employer’s Liability Insurance - The Contractor shall furnish to the EDD a certificate of insurance evidencing Workers’ Compensation and Employers Liability Insurance presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to write Workers' Compensation insurance in California. Such certificate shall include the name of the carrier and the policy inception and expiration dates. If the Contractor is self-insured for Workers’ Compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California.

l. Automobile Liability Insurance, if applicable - The Contractor shall furnish to the EDD a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor of not less than $1,000,000 per accident while utilizing a motor vehicle in the performance of this Contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

m. Environmental Liability Insurance, if applicable – The Contractor and any subcontractors shall furnish to the EDD a certificate of insurance evidencing environmental liability insurance presently in effect for the Contractor of not less than $1,000,000 per occurrence for bodily injury, property damages and costs incurred for clean-up and removal of substances causing pollution conditions. This requirement can also be met by securing one of the following: (1) an endorsement to the Contractor’s general liability insurance overriding the general liability pollution exclusion or; (2) an endorsement evidencing pesticide/herbicide coverage afforded to the Contractor’s general liability policy.

n. Iran Contracting Act Certification, if applicable

Pursuant to the Iran Contracting Act of 2010 (P.C.C. sections 2200 - 2208 are “the Act”), vendors are ineligible to bid on, submit a bid for, enter into, or renew any contract with the State for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities, in Iran, as defined in the Act.

Bidder certifies that it is not on the current list of Entities Prohibited from Contracting with Public Entities in California per the Act found at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/List-of-Ineligible-Businesses

o. California Public Records Act (PRA)

Upon award, all documents and information therein, submitted in response to this IFB become property of the State of California and will be regarded as public records under the Public Records Act, pursuant to Government Code section 6250, et seq.

p. 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, the Contractor represents that it is not a target of Economic Sanctions. Should the state determine the 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 EDD.

q. Generative Artificial Intelligence (GenAI) Technology

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 must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

SBQ No. 125328 https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses

Upon notification by a Bidder / Offeror of GenAI as required, 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.

Government Code section 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

IFB REQUIREMENTS CHECKLIST

Please complete the checklist below to confirm that all items are contained with the Bid. Place a check mark () next to each item being submitted. For the Bid to be responsive, the checklist and all required documents must be submitted from the list below. Offers must be submitted electronically via email or delivered by mail prior to the closing of the solicitation.

The Bid must contain: Each required supporting document and a completed Requirements Checklist sheet.

The need to verify that all required documentation is submitted with the Bid cannot be overemphasized as failure to submit all completed documents referenced on this checklist may cause the Bid to be rejected.

CHECK

() #REFERENCE DOCUMENT NAME / DESCRIPTION REQUIRED

Attachment 1 Cost Proposal YES Attachment 2 Bidders Declaration

(Must complete all relevant sections to the prime and subcontractors including page numbers, located in the bottom right-hand corner)

YES

Attachment 3 Contractor Certification Clauses 04/2017 (CCC 04/2017) YES Attachment 4 Certification Regarding Debarment, Suspension

Indelibility and Voluntary Exclusion Lower Tier Covered Transaction

YES

Attachment 6 California Civil Rights Laws Certification YES Attachment 7 Certification Regarding Lobbying YES Attachment 8 STD 204 Payee Data Records YES

National Association for Information Destruction (NAID) Certificate

YES

The following forms are required, if applicable, at the time of submittal. Failure to submit all completed documents referenced on following checklist may cause the Bid to be rejected.

CHECK

() #REFERENCE DOCUMENT NAME / DESCRIPTION

Attachment 5 Darfur Contracting Act Certification Attachment 9 STD 205 Payee Data Record Supplement

Secretary of State Certification of Status

The following document(s) are due upon award:

Copy of Vendor’s Insurance Certificates and Additional Insured Endorsement(s)

I, ______________________, hereby certify under penalty of perjury that I have carefully read, reviewed, and fully completed all documents required in connection with this Invitation for Bid. I affirm that I understand the requirements and conditions set forth in the specifications and agree to provide the requested goods and/or services at the cost specified in the cost proposal. I further certify that all bid documents, responses, and information submitted by me, or on behalf of the bidder, are complete, accurate, and provided in good faith.

(Signature of representative/date)

EXHIBIT A

SCOPE OF WORK

(Standard Agreement)

1. This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as the EDD, and TBD, hereinafter referred to as the Contractor, for the purpose of providing On-site Confidential Destruction Services for the EDD facilities located in the Northern California Region, in accordance with IFB No. 125328.

2. The Project Representatives during the term of this Agreement will be:

State Agency Contractor

Employment Development Department Attn: Joshua Bustos 1733 Sports Drive, MIC 72

Attn:

Sacramento, CA 95834 Phone: (916) 296-0697 Email: Joshua.Bustos@edd.ca.gov

Phone: (xxx) xxx-xxxx Email:

3. Either party may make changes to their Project Representative by giving written notice to the other party. Said changes shall not require an amendment to this Agreement.

4. The services shall be provided in accordance with Exhibit A-1, Specifications, Exhibit A-2, Northern California Region Office List, and Exhibit A-3, State of California Holiday Schedule, which are incorporated as a part of this Agreement.

5. Health and Safety Requirements

The Contractor when entering the EDD facility and/or property is expected to be familiar with and abide by all statewide and locally mandated health and safety requirements. Such requirements include, but are not limited to, remaining compliant with personal protective equipment (PPE) and other safety equipment requirements provided under state and federal occupational safety and health laws.

The EDD also requires that the Contractor follow additional guidelines from the CDPH and public health officials, such as avoiding close contact with others and engaging in hygienic practices while working. The EDD reserves the right to require stricter requirements than are recommended by local and state public health authorities. Non-compliance by the Contractor, its employees, or any subcontractors may result in the EDD refusing entry onto, or removal from, the EDD property. A breach of these requirements grants the EDD the right to terminate this Agreement.

6. BACKGROUND INVESTIGATION

The EDD shall conduct a background investigation of the Contractor, its employees, contractors, agents, volunteers, vendors, or subcontractors, unless the EDD determines such individuals are not subject to a background investigation. Individuals must voluntarily consent to a background check and the EDD reserves the right to disapprove any individual from performing services under the scope of the Contract.

IFB No. 125328 mailto:Joshua.Bustos@edd.ca.gov

EXHIBIT A

SCOPE OF WORK

(Standard Agreement)

Investigations will be conducted to ascertain whether a contractor, its employees, contractor’s agents, volunteers, vendors, or subcontractors have any state or federal convictions, or are currently released from custody on bail or on their own recognizance pending trial. The background investigation will include fingerprinting and an inquiry to the California Department of Justice and the Federal Bureau of Investigations (FBI) to disclose Criminal Offender Record Information. The EDD will absorb the cost of the fingerprinting services.

IFB No. 125328

EXHIBIT A-1

SPECIFICATIONS

(Standard Agreement)

I. GENERAL

A. The EDD utilizes both sixty-four (64) gallon European locked security bins and smaller traditional security consoles. The Contractor shall provide onsite mobile shredding services for the complete destruction of confidential documents including but not limited to paper, paper clips, sticky notes, glossy paper, NCR paper, and hanging file folders.

The Contractor shall provide all materials, equipment, and supplies including labor, vehicles, and power necessary to perform the services at no additional cost. The Contractor must be able to provide services to all locations listed in Exhibit A-2, Northern California Region Office List. Offices may be added or deleted as required and location changes may occur due to facility relocation or closure. Such an addition/deletion/ relocation will not require a Contract amendment. The number of estimated pounds is 600,000 to 1,000,000 annually, however, the EDD does not guarantee a minimum number of pounds. The material will be in locked 64-gallon bins or consoles, which the Contractor will collect and take out to the mobile shredding unit and will shred the material onsite with a state employee witnessing the destruction. Occasionally, there will be an excess of material and it will be boxed or bagged. The Contractor will transfer the material into an empty 64-gallon bin with materials to be destroyed onsite. Excess material will be charged at the regular rate per bin tip. The Contractor will leave a certificate of destruction with the witness with a signed copy of the invoice reflecting the location, number of bin tips, and the date of service.

B. Each location must be treated as a separate customer for billing purposes. Monthly invoices will include location of service, date of service, and charges per visit for the month. A copy of each receipt shall accompany the monthly bill to support the charges.

C. Charges will be per bin tip. Console contents and extra boxes of material will be placed into a 64-gallon bin and will be charged at the regular bin tip rate. There will be no charge for an empty bin.

D. The locations, the number of security containers, and the frequency of service shall be changed as deemed necessary by the EDD by written notification to the Contractor.

II. DEFINITIONS

Please note the following definitions relating to confidential and sensitive information:

A. Confidential information is information which identifies an individual (e.g., name, social security account number, home/mailing address, telephone number, etc.) and/or entity (e.g., employing unit, etc.) and/or information in the possession of the EDD in which the disclosure is limited by contractual agreement (e.g., proprietary information, etc.).

B. Sensitive information is information maintained by a state agency, which is not confidential by definition, but requires special precautions to protect it from unauthorized access (i.e., financial or operational information). Sensitive information is information in which the disclosure would jeopardize the integrity of the EDD (i.e., the EDD's fiscal resources and operations).

(Standard Agreement)

SPECIFICATIONS

A. The Contractor shall ensure that destruction services provided are consistent with industry standards as determined by NAID (National Association for Information Destruction).

B. All materials shall be destroyed in particles small enough and in a manner that makes it difficult, if not impossible, to reconstruct information such as names, addresses, telephone numbers, social security numbers, etc. Due to the variations in machinery in the shredding industry, it is difficult to give exact dimensions; however, in all cases the shred shall be small enough to be unrecoverable. All of the EDD’s confidential information is required to be shredded in particles predominantly no larger than 5/8 inch wide by 1-1/2 inches long and/or must be safeguarded until it reaches the stage where it is rendered unreadable by pulping.

1. Some locations may have IRS documents mixed in with the EDD’s documents.

Under these circumstances (when IRS and EDD documents are mixed), the documents shall be treated as IRS documents and must adhere to the guidelines in section IV, IRS SPECIFICATIONS.

C. All financial, statistical, personal, technical, and other data and information relating to the EDD’s operations which are designated confidential or sensitive by the EDD and which may become available to the Contractor as a result of the implementation of this Agreement, shall be protected by the Contractor from unauthorized access, use, and disclosure through the observance of the same or more effective procedural requirements as are applicable to and in use by the EDD.

D. The Contractor shall:

1. Ensure that their employees will not intentionally seek out, read, use, or disclose confidential or sensitive EDD information.

2. Keep all information furnished by the EDD in the strictest confidence.

3. Not disclose any individually identifiable EDD information to any person.

4. Designate a person responsible for the security and confidentiality of the data provided by the EDD, as well as the dissemination of the data, and will immediately notify the EDD in writing of any designee changes

5. Require that all the Contractor’s staff with access to the EDD's confidential information sign a Confidentiality Agreement.

6. Instruct all employees with access to the EDD’s confidential and sensitive information regarding the confidential nature of the information.

7. Instruct all employees with access to the EDD’s confidential and sensitive information regarding the sanctions against unauthorized access, use, or disclosures found in the Unemployment Insurance Code section 2111, the Civil Code (CIV) section 1798.55, and the Penal Code (PEN) section 502.

(Standard Agreement)

8. Instruct all employees of the civil and criminal actions that may be invoked for unauthorized disclosure of information from confidential records. (PEN §§ 11140- 11144 and 13301-13303, CIV § 1798, and Statutes 977, chapter 709).

9. Agree to conform to the provisions in IRS Publication 1075, Exhibit 5, Section I, II, and III as referenced in section IV, IRS SPECIFICATIONS.

E. The Contractor shall shred materials “as is.” The EDD’s employees will not be required to sort through the materials and separate them by color or type, or to remove items such as, but not limited to, paper clips, binder clips, post-it notes, staples, manila folders, and rubber bands from the material prior to destruction.

F. For security reasons, the Contractor’s employees shall wear uniforms which clearly identify them as such. This shall include photo ID identifying the employee and the company. The Contractor must give at least twenty-four (24) hours advance verbal and emailed notice to the EDD Representative if they cannot make a scheduled service visit.

If the delay in service is due to the breakdown of the mobile shredding machine the Contractor must notify the EDD Representative immediately. The Contractor must reschedule the service visit at the time of notice of the delay. A rescheduled visit must be provided within five (5) days of the originally scheduled visit.

G. The Contractor shall have a minimum of two (2) trucks. Each truck will provide an enclosed, truck mounted, industrial shredder, which has its own power source and will be able to provide full service regardless of weather conditions. The Contractor’s truck mounted industrial shredder must be able to shred a minimum of 3,500 pounds of paper material per hour. If the capability of the shredder used is less than the minimum, this will be grounds for the EDD to terminate the Contract.

H. Service shall be provided only by the Contractor’s authorized employees with proper identification. The Contractor will have conducted the appropriate background check on all employees. The Contractor shall provide a list of authorized employees to the EDD Representative. The list must include the authorized employees’ typed names and actual signatures. The list must be updated and provided to the EDD Representative when any change is made pertinent to that location.

I. The Contractor will provide a “Certificate of Destruction” and a receipt to the EDD witness at the completion of each service visit. The Contractor shall also retain a copy of the receipt. The receipt will include the location of service, the EDD witness and telephone number, number of bin tips, date of service, and the authorized Contractor representative’s and the EDD witness’ signatures. A copy of the receipt is to be submitted with the monthly billing in support of charges invoiced.

J. All shredded material that can be recycled must be recycled to support Assembly Bill 939 (Sher, Statutes 1989, chapter 1095).

K. No subcontracting shall be permitted under the terms of this Agreement.

(Standard Agreement)

III. IRS SPECIFICATIONS

A. Performance

In performance of this Agreement, the Contractor agrees to comply with and assume responsibility for compliance by officers or employees with the following requirements:

1. All work will be performed under the supervision of the Contractor.

2. The Contractor and the Contractor’s officers or employees to be authorized access to Federal Tax Information (FTI) must meet background check requirements defined in IRS Publication 1075. The Contractor will maintain a list of officers or employees authorized access to FTI. Such list will be provided to the EDD and, upon request, to the IRS.

3. FTI shall be used only for the purpose of carrying out the provisions of the Contract.

FTI shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this Agreement. Inspection or disclosure of FTI to anyone other than the Contractor or the Contractor’s officers or employees authorized is prohibited.

4. FTI will be accounted for upon receipt and properly stored before, during, and after processing. In addition, any related output and products require the same level of protection as required for the source material.

5. The Contractor will certify that FTI processed during the performance of the Contract will be completely purged with no output to be retained by the Contractor at the time the work is completed. If immediate purging is not possible, the Contractor will certify that any FTI will remain safeguarded to prevent unauthorized disclosures.

6. Any spoilage or any intermediate hard copy printout that may result during the processing of FTI will be given to the EDD. When this is not possible, the Contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts and will provide the EDD with a statement containing the date of destruction, description of material destroyed, and the destruction method.

7. All computer systems receiving, processing, storing, or transmitting FTI must meet the requirements in IRS Publication 1075. To meet functional and assurance requirements, the security features of the environment must provide for the managerial, operational, and technical controls. All security features must be available and activated to protect against unauthorized use of and access to FTI.

8. For purposes of this Agreement, the term “Contractor” includes any officer or employee of the Contractor with access to or who uses FTI.

9. The EDD will have the right to void the Contract if the Contractor fails to meet the terms of FTI safeguards described herein.

(Standard Agreement)

IV. CIVIL/CRIMINAL SANCTIONS

A. Each officer or employee of a contractor to whom FTI is or may be disclosed shall be notified in writing that FTI disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any FTI for a purpose not authorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution.

B. Each officer or employee of a contractor to whom FTI is or may be accessible shall be notified in writing that FTI accessible to such officer or employee may be accessed only for a purpose and to the extent authorized herein, and that access/inspection of FTI without an official need-to-know for a purpose not authorized herein constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution.

C. Each officer or employee of a contractor to whom FTI is or may be disclosed shall be notified in writing that any such unauthorized access, inspection or disclosure of FTI may also result in an award of civil damages against the officer or employee in an amount equal to the sum of the greater of $1,000 for each unauthorized access, inspection, or disclosure, or the sum of actual damages sustained as a result of such unauthorized access, inspection, or disclosure, plus in the case of a willful unauthorized access, inspection, or disclosure or an unauthorized access/inspection or disclosure which is the result of gross negligence, punitive damages, plus the cost of the action. These penalties are prescribed by I.R.C. sections 7213, 7213A and 7431 and set forth at 26 C.F.R. 301.6103(n)-1.

D. Additionally, it is incumbent upon the Contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a.

Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C.

552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

E. Granting a contractor access to FTI must be preceded by certifying that each officer or employee understands the EDD’s security policy and procedures for safeguarding FTI.

A contractor and each officer or employee must maintain their authorization to access FTI through annual recertification of their understanding of the EDD’s security policy and procedures for safeguarding FTI. The initial certification and recertifications must be documented and placed in the EDD's files for review. As part of the certification and at least annually afterwards, a contractor and each officer or employee must be advised of the provisions of I.R.C. sections 7213, 7213A, and 7431 (see Exhibit 4, Sanctions for Unauthorized Disclosure, and Exhibit 5, Civil Damages for Unauthorized Disclosure).

The training on the EDD’s security policy and procedures provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. (See Section 10) For the initial certification and the annual recertifications, the Contractor and each officer or employee must sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements.

(Standard Agreement)

F. Inspection

The IRS and the EDD, with 24-hour notice, shall have the right to send its inspectors into the offices and plants of the Contractor to inspect facilities and operations performing any work with FTI under this Agreement for compliance with requirements defined in IRS Publication 1075. The IRS’ right of inspection shall include the use of manual and/or automated scanning tools to perform compliance and vulnerability assessments of information technology (IT) assets that access, store, process, or transmit FTI. Based on the inspection, corrective actions may be required in cases where the Contractor is found to be noncompliant with FTI safeguard requirements.

V. SCHEDULING

A. Service shall occur during the week, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m., excluding state holidays. If a scheduled service visit falls on a state holiday the Contractor shall reschedule the service for the workday either preceding or following the holiday and send notice of the schedule change to the EDD Representative. Collection of the materials within the offices is the responsibility of the Contractor. Service shall be provided on-site in the parking lots or street surrounding the EDD office and shall be provided in such a manner as not to disrupt other businesses in the immediate vicinity. The Contractor will park their vehicle in such a manner that it will not block parked vehicles or will park as directed by the EDD Representative at each location. The Contractor shall conform to all zoning requirements including requirements involving noise.

B. The Contractor shall arrange a schedule as specified in Exhibit A-2, Northern California Region Office List by Region, of weekly, biweekly (every 2 weeks), monthly, or quarterly services. Schedule changes must be by mutual agreement of both the Contractor and the EDD Representative. Once the schedule is established, the Contractor must adhere to the schedule unless the EDD Representative and the Contractor mutually agree upon a new schedule. The Contractor will submit a master schedule to the EDD Representative within six weeks of commencing work.

C. The EDD reserves the right to schedule additional service visits if necessary.