IFB_No._BAR-16-4.doc

Department of Consumer Affairs, Bureau of Automotive Repair IFB No. BAR-16-4 Mohawk Brand Vehicle Lift Relocation Services

Business, Consumer Services and Housing Agency

Edmund G. Brown Jr., Governor

INCLUDEPICTURE "http://inside.dca.ca.gov/images/dca_logo_small_black.gif" \* MERGEFORMATINET

INVITATION FOR BID # BAR-16-4

Mohawk Brand Vehicle Lift Relocation Services Notice to Prospective Bidders

April 18, 2016 You are invited to review and respond to this Invitation for Bid (IFB) Number BAR-16-4, entitled “Mohawk Brand Vehicle Lift Relocation Services”. In submitting your bid, you must comply with the instructions found herein.

Note that all agreements entered into with the State of California shall include by reference General Terms and Conditions (GTC 610) and Contractor Certification Clauses (CCC 307) that may be viewed and downloaded at Internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

(Under Standard Contract Language). If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the Department of Consumer Affairs, Bureau of Automotive Repair, this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Department of Consumer Affairs

Business Services Office, Contracts Unit

Attention: Dennis Sellers 1625 N. Market Boulevard, Suite S-103

Sacramento, CA 95834

(916) 574-7290 FAX (916) 574-8658

dennis.sellers@dca.ca.gov Please note that no verbal information given shall be binding upon the State unless such information is issued in writing as an official addendum.

Dennis Sellers Dennis Sellers Contract Analyst

Table of Contents

Page

A) Purpose and Description of Services

B) Bidder Minimum Qualifications

C) Bid Requirements and Information

1. Key Action Dates……………………………………………………………

2. Submittal of Written Questions or Inquiries………………………………

3. Submission of Bid

4. Loss Leader

5. Evaluation and Selection Process

6. Award and Protest

7. Disposition of Bid

8. Agreement Execution and Performance

9. Preference and Incentive Programs………………………………………… D) Required Attachments

Attachment 1 - Required Attachment Checklist

Attachment 2 - Bid/Bidder Certification Sheet

Attachment 3 - Cost Sheet

Attachment 4 - Bidder References

Attachment 5 - California Disabled Veteran Business Enterprise (DVBE)

Bid Incentive Instructions………………………………………

Attachment 5A - Bidders Declaration…………………………………………..

Attachment 6 - Payee Data Record (STD 204) Attachment 7 - Darfur Contracting Act Certification…………………

Attachment 8 - Certificate of Insurance……...…………………………………

Attachment 9 - Contractor’s Certification Clause …...………………………… Attachment 10 - Small Business Preference Attachment 11 - Target Area Contract Preference Act (TACPA) ……………

E) Sample Standard Agreement

STD 213………………………………………………………………………...

Exhibit A, Scope of Work

Exhibit A-1, BAR Facility List (Confidential)

Exhibit B, Budget Detail and Payment Provisions

Exhibit B-1, Cost Sheet….

Exhibit C, General Terms and Conditions

Exhibit D, Special Terms and Conditions

Exhibit E, Additional Terms and Conditions

A) Purpose and Description of Services The Department of Consumer Affairs (DCA), Bureau of Automotive Repair (BAR) is seeking quotes to provide relocation services for eleven (11) Mohawk brand vehicle lifts including disassembly. Installation, including any required reassembly, bolting to a concrete foundation, and inspection will only be required for two (2) of the eleven (11) lifts. The services shall be initiated at BAR’s facility located in San Leandro, CA and will conclude at Department of General Services (DGS), State Surplus Property & Reutilization (SPR) Warehouse and two (2) BAR Facilities statewide: Fresno and Fontana. Physical addresses will be provided upon award of the contract.

The proposed contract period will be June 1, 2016, or upon approval, whichever is later, through July 31, 2016.

B) Bidder Minimum Qualifications

1. The Bidder must have the capability to provide disassembly and transportation for eleven (11) Mohawk brand vehicle lifts, and assembly and installation services for two (2) of the lifts as described in Exhibit A, Scope of Work (page 26). The two (2) lifts requiring installation, and if applicable reassembly, must be bolted to the foundation and operational upon completion of installation.

2. The Bidder must provide a minimum of three (3) customer references that have used similar services. References should be for the same complexity and magnitude as described in Exhibit A - Scope of Work. References should be State-wide clients. BAR staff may contact referenced organizations when reviewing Bids. References must include the following:

A. Company Name

B. Contact person name

C. Address

D. Phone Number

E. Contract/Service Description

3. As specified on pages 33–35, Exhibit E #6, Insurance requirements (sample standard agreement) Bidders shall meet and maintain coverage limits for all applicable insurance requirements. Within fifteen (15) calendar days following the notice of contract award, the awarded Contractor must submit to the DCA proof of the below-referenced insurance coverage.

· Commercial General Liability – Annual coverage limits shall not be less than $1,000,000 per occurrence ($2,000,000 aggregate) for bodily injury and property damage liability combined.

· Business Automobile Liability – Coverage limits of not less than $1,000,000 per accident for liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.

· Workers Compensation and Employers Liability – Contractor shall maintain statutory worker’s compensation and employer’s liability coverage.

4. The Contractor shall provide one (1) centralized contact person to work directly with BAR to resolve customer service, billing, and/or accounting issues.

C) Bid Requirements and Information

Any dates that follow the final date for bid submission are only approximate and may be adjusted as conditions indicate without addendum to this IFB.

1.

Key Action Dates

IFB Available to Prospective Bidders

April 18, 2016

Response to Written Questions

Bid Submittal Deadline April 27, 2016 May 4, 2016, @ 3:00 P.M.

Notice of Intent to Award Posted Location for public posting of award:

May 6, 2016 1625 N. Market Blvd., Lobby

Sacramento, CA 95834

*Bid Opening Location: Department of Consumer Affairs

1625 N. Market Street, first floor North – Contra Costa Room #114

Sacramento, CA 95834 Note:

For security reasons, if you plan to attend the public cost opening, please contact the Contract Administrator prior to cost opening so arrangements can be made for entrance into DCA building.

2.

Submittal of Written Questions or Inquiries

All questions must be submitted via email at dennis.sellers@dca.ca.gov by April 29, 2016, (refer to No. 1 above, Key Action Dates) to allow the DCA time to respond. Inquiries received after this date will only be addressed at DCA’s discretion. Question and answer sets will be provided to all Bidders via Caleprocure without identifying the submitters. ALL QUESTIONS MUST BE SUBMITTED IN WRITING.

3.

Submission of Bid

A. All bids must be submitted under sealed envelope and received by the Department of Consumer Affairs, Attention Dennis Sellers by the dates and times indicated in No. 1 above, Key Action Dates. The sealed envelope must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with “DO NOT OPEN” as shown in the following example:

IFB No.BAR-16-4

Mohawk Brand Vehicle Lift Relocation Services

Department of Consumer Affairs

Business Services Office - Contracts Unit

Attention: Dennis Sellers DO NOT OPEN: Bid Opening date – May 5, 2016, @ 10:00 a.m.

Bids not submitted under sealed envelope may be rejected. One (1) original and two (2) copies shall be submitted.

B. Mail or deliver bids to the following address:

Department of Consumer Affairs

Business Services Office, Contracts Unit, Attention: Dennis Sellers 1625 N. Market Boulevard, Suite S-103

Sacramento, CA 95834

Note: This address applies to both U.S. Postal Service Deliveries AND Hand Deliveries (UPS, Express Mail, Federal Express, and Walk-ins).

Neither the postmark on the bid proposal envelope nor receipt in the California Department of Consumer Affairs mailroom will constitute timely delivery. Any bid received in the Contracts Unit after the date and time specified in the Key Action Dates (refer to section C, Bid Requirements and Information, Item 1, Key Action Dates) will not be considered. It is DCA’s policy to make every effort to ensure all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB.

C. All bids shall include the documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper "Required Attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

D. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

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

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

G. The State shall not be responsible for any cost incurred by the Contractor in the preparation or submission of their bid in response to this IFB.

H. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, shall not be considered.

I. A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

J. The awarding agency 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.

K. The awarding agency reserves the right to reject all bids for reasonable cause. The DCA reserves the right to reject any bid that it deems not cost reasonable or for any other reason it deems a bid does not meet the requirements of this IFB. The DCA is not required to award any contracts as a result of this IFB.

L. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid shall be rejected.

M. Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

N. DCA does not accept alternate agreement language from a prospective contractor. A bid with such language shall be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

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

4. 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 Section 17030 of the Business and Professions Code.

5. Evaluation and Selection Process A. 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.

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

C. The final selection shall be made on the basis of the lowest responsive bid. In the event of a tie in the bid amount, a tiebreaker will be decided by a coin toss observed by witnesses. Affected bidders will be invited to witness the coin toss.

6. Award and Protest

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

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

C. Within five calendar (5) days after filing the initial protest, the Protestant shall file with the DGS and the awarding agency a full and complete written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, West Sacramento, CA 95605. A copy of the written protest must be mailed to the Department of Consumer Affairs, Business Services Office, Contracts Unit, Attention: Dennis Sellers, 1625 N. Market Boulevard, Suite S-103, Sacramento, CA 95834. It is suggested that you submit any protest by certified or registered mail.

7. Disposition of Bid

A. Bids are public records upon bid opening, however, the contents of bid, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's bid shall be held in the strictest confidence until the award is made. Any disclosure of this subject by the bidder is a basis for rejecting a bid and ruling the bidder ineligible to further participate in the bidding process.

B. Upon bid opening, all bids shall be regarded as public records under the California Public Records Act (Government Code, Section 6250 et seq.) and shall be subject to review by the public.

C. All documents submitted in response to this IFB shall become the property of the State of California and may be returned only at the bidder’s expense, unless such expense is waived by the awarding agency.

8. Agreement Execution and Performance

A. Performance shall start on the express date set by the DCA/BAR and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the DCA/BAR, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

B. Should, during the course of the resulting contract, it become necessary to modify the contract, those modifications may be made only by mutual agreement between the contracting parties through a written amendment to the contract. A contract amendment shall not be effective unless in writing and until fully executed by both parties.

9. Preference And Incentive Programs

A. SMALL BUSINESS PREFERENCE

Overview: Current law encourages state departments to first consider a Small Business Enterprise (Small)/Microbusiness Enterprise (Micro) for contracting opportunities. The DCA is committed to supporting Small/Micro business participation in state contracting and seeks to use certified Small/Micro businesses whenever possible.

The State of California provides a five percent (5%) preference to Small Business proposers. This 5% preference is also provided to Non-Small Businesses that commit to subcontract, with one or more California-certified small businesses, at least 25% of the net bid price, as specified below. The standard contract language for the preference program can be found at http://www.pd.dgs.ca.gov/smbus/default.htm. For the purpose of this section, the definitions specified in Title 2, California Code of Regulations (CCR), §1896.4 shall apply unless otherwise noted. Questions regarding certification of small businesses should be directed to the Office of Small Business and DVBE Certification (OSDC) at (916) 375-4940.

B. DISABLED VETERAN BUSINESS ENTERPRISE PROGRAM (DVBE)

DVBE Participation: DVBE participation requirements are being waived for this IFB.

DVBE Incentive: However, the DCA is committed to achieving legislatively established goals for the participation of DVBEs in all state contracts and seeks to use certified DVBE business whenever possible. Therefore, the DCA requests your voluntary participation in reporting any certified DVBEs including yourself that will be used in the performance of this Agreement. An explanation of the Disabled Veteran Business Enterprise Program (DVBE) requirements can be found at the Internet web site: http://www.pd.dgs.ca.gov/smbus/dvbecert.htm. [Refer to pages 14 through 17 of this IFB (Attachment 5) for further information regarding DVBE Incentive Instructions.]

C. TARGET AREA CONTRACT PREFERENCE ACT (TACPA) (if applicable) – Refer to www.pd.dgs.ca.gov/disputes for more information.

D) Required Attachments

ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

A complete bid or bid package shall consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. (For your bid to be responsive, all required attachments must be returned. This checklist must also be returned with your bid package.)

Attachment Attachment Name/Description Attachment 1 Required Attachment Checklist (REQUIRED – Attachment included in this IFB) _____ Attachment 2 Bid/Bidder Certification Sheet (with original signature) (REQUIRED –

Attachment included in this IFB) Attachment 3 Cost Sheet (REQUIRED – Attachment included in this IFB) Attachment 4 Bidder References (REQUIRED – Attachment included in this IFB) Attachment 5A Bidder Declaration (REQUIRED – Attachment included in this IFB) Bidder must complete GSPD-05-105 form. Form also required to receive DVBE Incentive)

Attachment 6 Payee Data Record (STD. 204) (REQUIRED – Attachment

Included in this IFB)

Attachment 7 Darfur Contracting Act Certification (REQUIRED – Attachment

Included in this IFB)

Attachment 8 Certificate of Insurance (Not required with bid submission. Required upon award of Agreement.)

Attachment 9 Contractor Certification Clauses (CCC-307) (Not required with bid submission. Required upon award of Agreement.) http://www.documents.dgs.ca.gov/ols/CCC-307.doc IF the following are not applicable, place “N/A” next to each item not being submitted with the bid package

Attachment 5 *California Disabled Veteran Business Enterprise (DVBE)

Bid Incentive Instructions

Attachment 10 *Small Business Enterprise (SBE) http://www.pd.dgs.ca.gov/smbus/sbcert.htm Attachment 11 *Target Area Contract Preference Act (TACPA)

NOTE: FOR YOUR BID TO BE RESPONSIVE, ALL REQUIRED ATTACHMENTS ALONG WITH THIS CHECKLIST MUST BE RETURNED WITH THE BID PACKAGE.

*Unless applicable these documents are not required to be submitted with the bid package.

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

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

A. Our all inclusive bid is submitted as detailed in the Cost Sheet, attachment 3 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

3. Address

Indicate your organization type:

4. FORMCHECKBOX

Sole Proprietorship

5. FORMCHECKBOX

Partnership

6. FORMCHECKBOX

Corporation

Indicate the applicable employee and/or corporation number:

9. Indicate applicable license and/or certification information:

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

a. Small Business Enterprise

Yes FORMCHECKBOX No FORMCHECKBOX

If yes, enter certification number:

b. Disabled Veteran Business Enterprise

Yes FORMCHECKBOX No FORMCHECKBOX

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.”

Completion Instructions for Bid/Bidder Certification Sheet (page 2) Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

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

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

If certified as a Small Business Enterprise, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veteran Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDC.

ATTACHMENT 3

COST SHEET

Exhibit B.1 Note: Mohawk Brand Vehicle Lift Relocation Services

Provide the costs for each Destination Facility listed. The Service Cost shall include all travel, mileage, service fees, parts, labor, and other expenses associated with providing the above mentioned services.

The total cost 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 by the bidder shall be binding for the term of the Agreement.

(one way)

94577 Fresno, CA

93722

Fontana, CA 92336

Department of General Services, State Surplus Property & Reutilization Warehouse

1700 National Drive, Sacramento, CA 95834

Grand Total All Facilities

(basis for award)

1Miles are based on shortest distance (one way) with no tolls rounded to the nearest whole mile.

ATTACHMENT 4

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid shall cause your bid to be rejected and deemed nonresponsive.

1. Briefly explain why you believe your business is qualified to perform the work described in this IFB. Use a separate sheet of paper if necessary.

2. List below three references of similar types of services performed within the last five years communicating a positive experience with the bidder’s services.

REFERENCE 1

Name of Firm

Brief Description of Service Provided

REFERENCE 2

Name of Firm

Brief Description of Service Provided

REFERENCE 3

Name of Firm

Brief Description of Service Provided

ATTACHMENT 5

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

BID INCENTIVE INSTRUCTIONS

(Revision Date 09/03/2009)

Please read the requirements and instructions carefully before you begin.

AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq. Recent legislation has modified the program significantly in that a bidder may no longer demonstrate compliance with program requirements by performing a “good faith effort” (GFE).

This solicitation does not include a minimum DVBE participation percentage or goal.

DVBE BID INCENTIVE. Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. Unless a table that replaces the one below has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price.

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

(2) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.

INTRODUCTION. Bidders must document DVBE participation commitment by completing and submitting a Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation documents). Bids or proposals (hereafter called “bids”) that fail to submit the required form to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive.

Information submitted by the intended awardee to claim the DVBE incentive(s) will be verified by the State.

If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

At the State’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

THE DVBE BUSINESS UTILIZATION PLAN (BUP): DVBE BUPs are a company’s commitment to expend a minimum of 3% of its total statewide contract dollars with DVBEs -- this percentage is based on all of its contracts held in California, not just those with the State. A DVBE BUP does not qualify a firm for a DVBE incentive. Bidders with a BUP, must submit a Bidders Declaration (GSPD-05-105) to confirm the DVBE participation for an element of work on this solicitation in order to claim a DVBE incentive(s).

THE FOLLOWING MAY BE USED TO LOCATE DVBE SUPPLIERS:

Awarding Department: Contact the department’s contracting official named in this solicitation for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation.

Other State and Federal Agencies, and Local Organizations:

STATE: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at www.caleprocure.dgs.ca.gov. To begin your search, click on “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.caleprocure.dgs.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: OSDCHelp@dgs.ca.gov.

FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at www.ccr.gov to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions. Remember to verify each firm’s status as a California certified DVBE.

LOCAL: Contact local DVBE organization to identify DVBEs. For a list of local organizations, go to www.pd.dgs.ca.gov/smbus and select: DVBE Local Contacts (New 02/09) (pdf).

RESOURCES AND INFORMATION

For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. For a directory of SB/DVBE Advocates for each department go to:

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

The Department of General Services, Procurement Division (DGS-PD) publishes a list of trade and focus publications to assist bidders in locating DVBEs for a fee. To obtain this list, please go to www.pd.dgs.ca.gov/smbus and select:

· DVBE Trade Paper Listing (New 02/09) (pdf)

· DVBE Focus Paper Listing (New 02/09) (pdf)

U.S. Small Business Administration (SBA):

Use the Central Contractor Registration (CCR) on-line database.

Internet contact only –Database: www.ccr.gov.

FOR:

Service-Disabled Veteran-owned businesses in California (Remember to verify each DVBE’s California certification.)

Local Organizations: Go to www.pd.dgs.ca.gov/smbus and select: DVBE Local Contacts (New 02/09) (pdf)

FOR:

List of potential DVBE subcontractors

DGS-PD EProcurement

Website: www.caleprocure.dgs.ca.gov Phone: (916)375-2000

Email: caleprocure@dgs.ca.gov

FOR:

• SB/DVBE Search

• CSCR Ads

• Click on Training tab to Access eProcurement Training Modules including: Small Business (SB)/DVBE

Search

DGS-PD Office of Small Business and DVBE Services (OSDS)

707 Third Street, Room 1-400, West Sacramento, CA 95605

Website: www.pd.dgs.ca.gov/smbus OSDS Receptionist, 8 am-5 pm: (916) 375-4940

PD Receptionist, 8 am-5 pm: (800) 559-5529

Fax: (916) 375-4950

Email: osdchelp@dgs.ca.gov

FOR:

• Directory of California-Certified DVBEs

• Certification Applications

• Certification Information

• Certification Status, Concerns

• General DVBE Program Info.

• DVBE Business Utilization Plan

• Small Business/DVBE Advocates

Commercially Useful Function Definition

California Code of Regulations, Title 2 §1986.61(I):

The term “DVBE” contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following:

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

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

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

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

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participation in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

ATTACHMENT 5A

ATTACHMENT 6

STATE OF CALIFORNIA-DEPARTMENT OF FINANCE

PAYEE DATA RECORD

Required when receiving payment from the State of California in lieu of IRS W-9

STD 204 (Rev. 6-2003)

INSTRUCTIONS: Complete all information on this form. Sign, date, and return to the State agency (department/office) address shown at the bottom of this page. Prompt return of this fully completed form will prevent any delays when processing payments. Information provided in this form will be used by State agencies to prepare information Returns (1099). See reverse side for more information and Privacy Statement.

Note: Governmental entities, federal, State, and local (including school districts), are not required to submit this form.

PAYEE’S LEGAL BUSINESS NAME (Type or Print)

SOLE PROPRIETOR – ENTER NAME AS SHOWN ON SSN (Last, First, M.I.)

E-MAIL ADDRESS

MAILING ADDRESS

BUSINESS ADDRESS

CITY, STATE, ZIP CODE

CITY, STATE, ZIP CODE

PAYEE ENTITY TYPE

NOTE:

Payment will not

Be processed without an accompanying taxpayer I.D. number.

ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN):

FORMCHECKBOX

PARTNERSHIP CORPORATION:

( MEDICAL (e.g., dentistry, psychotherapy, chiropractic, etc.)

FORMCHECKBOX

ESTATE OR TRUST ( LEGAL (e.g., attorney services)

( EXEMPT (nonprofit)

( ALL OTHERS

INDIVIDUAL OR SOLE PROPRIETOR

ENTER SOCIAL SECURITY NUMBER:

(SSN required by authority of California Revenue and Tax Code Section 18646)

PAYEE RESIDENCY STATUS

FORMCHECKBOX

California resident – Qualified to do business in California or maintains a permanent place of business in California

FORMCHECKBOX

California nonresident (see reverse side) – Payments to nonresidents for services may be subject to State income tax withholding.

( No services performed in California.

( Copy of Franchise Tax Board waiver of State withholding attached.

I hereby certify under penalty of perjury that the information provided on this document is true and correct. Should my residency status change, I will promptly notify the State agency below.

AUTHORIZED PAYEE REPRESENTATIVE’S NAME (Type or Print)

TITLE

SIGNATURE

DATE

TELEPHONE

Please return completed form to:

Department/Office: Department of Consumer Affairs, Business Services Office

Unit/Section: Contracts Unit

Mailing Address: 1625 North Market Blvd., S-103

City/State/Zip: Sacramento, CA 95834

Telephone: (916) 574-7314 Fax: (916) 574-8658

E-mail Address: michelle.norris@dca.ca.gov

STATE OF CALIFORNIA-DEPARTMENT OF FINANCE

PAYEE DATA RECORD

STD. 204 (Rev. 6-2003) (REVERSE)

A completed Payee Data Record, STD. 204, is required for payments to all non-governmental entities and will be kept on file at each State agency. Since each State agency with which you do business must have a separate STD. 204 on file, it is possible for a payee to receive this form from various State agencies.

Payees who do not wish to complete the STD. 204 may elect to not do business with the State. If the payee does not complete the STD. 204 and the required payee data is not otherwise provided, payment may be reduced for federal backup withholding and nonresident State income tax withholding. Amounts reported on Information Returns (1099) are in accordance with the Internal Revenue Code and the California Revenue and Taxation Code.

The TIN for individuals and sole proprietorships is the Social Security Number (SSN). Only partnerships, estates, trusts, and corporations will enter their Federal Employer Identification Number (FEIN).

A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.

A partnership is considered a resident partnership if it has a permanent place of business in California. An estate is a resident if the decedent was a California resident at time of death. A trust is a resident if at least one trustee is a California resident.

For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

Payments to all nonresidents may be subject to withholding. Nonresident payees performing services in California or receiving rent, lease, or royalty payments from property (real or personal) located in California will have 7% of their total payments withheld for State income taxes. However, no withholding is required if total payments to the payee are $1,500 or less for the calendar year.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: wscs.gen@ftb.ca.gov For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov

Privacy Statement

Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, State, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it.

It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and State law imposes noncompliance penalties of up to $20,000.

You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the State agency(ies) with which you transact that business.

All questions should be referred to the requesting State agency listed on the bottom front of this form.

ATTACHMENT 7

Darfur Contracting Act Certification Form

Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code section 10476.

Therefore, to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):

Company/Vendor Name (Printed)

Federal ID Number

Printed Name and Title of Person Initialing (for Options 1 or 2)

1. _____ We do not currently have, and have not had within the previous

Initials three years, business activities or other operations outside of the United States.

OR

2. _____ We are a scrutinized company as defined in Public Contract Code

Initials section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. _____ We currently have, or we have had within the previous three years, Initials business activities or other operations outside of the United States, + certification but we certify below that we are not a scrutinized company below as defined in Public Contract Code section 10476.

CERTIFICATION For # 3.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California.

By (Authorized Signature)

Printed Name and Title of Person Signing

ATTACHMENT 8

PRODUCER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

COMPANIES AFFORDING COVERAGE

COMPANY

LETTER

A

COMPANY

B

C

COMPANY

D

COMPANY

E

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTHWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO

LTR

TYPE OF INSURANCE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

CLAIMS MADE

OCCUR.

OWNER'S & CONTRACTOR'S PROT.

AUTOMOBILE LIABILITY

ANY AUTO

LIMIT

ALL OWNED AUTOS

SCHEDULED AUTOS

(Per Person)

HIRED AUTOS

NON-OWNED AUTOS

(Per Person)

GARAGE LIABILITY

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

WORKER'S COMPENSATION

STATUTORY LIMITS

AND

EMPLOYERS' LIABILITY

OTHER

DESCRIPTION OF OPERATIONS/LOCATION/VEHICLES/SPECIAL ITEMS Re: All operations

The State of California, its officers, agents, employees and servants are hereby named as additional insured but only with respect to work performed for the State of California.

CERTIFICATE HOLDER

CANCELLATION

BID/CONTRACT NO.

STATE OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS

1625 N. MARKET BLVD. SUITE S103

SACRAMENTO, CA 95834

FAX (916) 574-8685

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ___30___ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

ATTACHMENTS 9 – 11

ATTACHMENT 9

CONTRACTOR CERTIFICATION CLAUSES (CCC 307)

See Internet website: http://www.documents.dgs.ca.gov/ols/CCC-307.doc ATTACHMENT 10 Small Business Preference http://www.pd.dgs.ca.gov/smbus/sbcert.htm

ATTACHMENT 11

TARGET AREA CONTRACT PREFERENCE ACT (TACPA)

See Internet website: http://www.pd.dgs.ca.gov/edip/tacpa.htm E) Sample Standard Agreement

STATE OF CALIFORNIA

STANDARD AGREEMENT

TBD

REGISTRATION NUMBER

1.

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

STATE AGENCY'S NAME

Department of Consumer Affairs, Bureau of Automotive Repair

CONTRACTOR'S NAME

Contractor’s Name

Agreement is:

3.

The maximum amount of this Agreement is:

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

Exhibit A – Scope of Work

Exhibit A-1 – BAR Contact List (Confidential) Exhibit B – Budget Detail and Payment Provisions

Exhibit B-1 – Cost Sheet

Exhibit C* – General Terms and Conditions

Exhibit D – Special Terms and Conditions

Exhibit E – Additional Terms and Conditions

2 pages 1 pages 1 page

15 page(s)

GTC-610

Date: 6/9/10 1 page

2 page(s)

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

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

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

Contractor’s Name

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

Person signing agreement

ADDRESS

Company Address

STATE OF CALIFORNIA

AGENCY NAME

Department of Consumer Affairs, Bureau of Automotive Repair

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

Person signing agreement

ADDRESS

1625 North Market Boulevard, Suite S-103

Sacramento, CA 95834

EXHIBIT A

SCOPE OF WORK

1. The Contractor shall provide the Department of Consumer Affairs (DCA), Bureau of Automotive Repair (BAR) with removal (including any required disassembly) and…