IFB_P2491001_CEP_Process_Server_Services_Solicitation.pdf

State of California – Natural Resources Agency GAVIN NEWSOM, Governor

DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director

Director’s Office P.O. Box 944209 Sacramento, CA 94244-2090 www.wildlife.ca.gov

Conserving California’s Wildlife Since 1870

INVITATION FOR BID

Notice to Prospective Bidders

April 11, 2024

IFB Number and Name: P2491001, Cannabis Enforcement Program (CEP) Process Server Service Contract Bid Due Date: April 26, 2024 by 4:00pm (PT)

The California Department of Fish and Wildlife (CDFW) invites you to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with the instructions set forth within this IFB.

All agreements entered into with the State of California will include by reference General Terms and Conditions (04/2017) and Contractor Certification Clauses (04/2017) that may be viewed and downloaded at:

General Terms and Conditions (GTC 04/2017) Contractor Certification Clauses (CCC 04/2017)

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the California Department of Fish and Wildlife, this IFB is complete and without need of explanation. However, if you have questions, or need any clarifying information, the contact person for this IFB is:

Jillian Harris

California Department of Fish and Wildlife P.O. Box 944209

Sacramento, CA 94244-2090 Jillian.Harris@wildlife.ca.gov

Submit all questions to the email address listed above. No verbal information given will be binding upon the State unless such information is issued in writing as an official addendum. Questions via phone calls or in person are not accepted.

Amy Mowrer, Branch Chief Procurement and Contracting Officer Business Management Branch http://www.cdfw.ca.gov/ https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE mailto:Jillian.Harris@wildlife.ca.gov

P2491001, Cannabis Enforcement Program (CEP) Process Server Service Contract

CDFW IFB (v. 02/2024)

Table of Contents

NOTICE OF STATE MANDATED SB/DVBE PROGRAM PARTICIPATION REQUIREMENTS . 3

Section 1: General Information

A. Agreement Term B. Contract Budget Amount C. Purpose and Description of Services D. Questions Regarding IFB E. Eligible Bidders F. Community-Based Private Nonprofit Bidders G. Executive Order N-6-22 – Russia Sanctions H. Loss Leader I. Contractor Insurance Requirements J. Bidder Minimum Qualifications

Section 2: Submission Requirements

K. Key Action Dates L. Submission of Bid

Section 3: Preference and Incentive Programs

M. Small Business Program N. Disabled Veteran Business Enterprise (DVBE) Incentive and Participation

Section 4: Evaluation and Award Process

O. Evaluation and Selection P. Basis of Award Q. Award and Protest R. Disposition of Bid S. Sample Standard Agreement T. Agreement Execution and Performance U. Use of Subcontractor(s)

Section 5: Submittal Checklist and Required Attachments

Attachment 1 - Submittal Check List Attachment 2 - Bid/ Bidder Certification Sheet Attachment 3 - Payee Data Record (STD 204/205) Attachment 4 - Bid Cost Sheet Attachment 5 - Contractor Certification Clause (04/2017) Attachment 6 - Bidder Declaration Form Attachment 7 - DVBE Declaration Attachment 8 - Commercially Useful Function (CUF) Certification Attachment 9 - California Public Contract Code Section 10162 Attachment 10 - Darfur Contracting Act Certification Acknowledgement of Capabilities

Sample Standard Agreement (STD. 213) is included as a separate document.

NOTICE OF STATE MANDATED SB/DVBE PROGRAM PARTICIPATION

REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

This solicitation has been exempted from DVBE Participation Program requirements.

However, bidding firms that are certified as a DVBE or firms voluntarily utilizing DVBE subcontractors will receive an incentive applied to the level of DVBE participation identified in the bid response not to exceed five percent (5%). For more information, see Section 3, N. Disabled Veteran Business Enterprise (DVBE) Incentive.

Small Business Program Information

A Small Business Preference of five percent (5%) will be granted in accordance §1896 et seq., Title 2, California Code of Regulations (CCR). To claim the Small Business Preference, your firm must have its principal place of business located in California, an approved small business certification form, and proof of annual receipts on file with the Department of General Services, Office of Small Business and Disabled Veteran Business Services (DGS-OSDS).

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

For certification information, visit: https://caleprocure.ca.gov/pages/sbdvbe-index.aspx For certification assistance, call DGS-OSDS at (916) 375-4941 or (916) 375-4400.

Non-Small Business

The application of the five percent (5%) Small Business bidding preference is extended to non-small businesses that commit to subcontracting at least twenty-five percent (25%) of its net bid price to California Certified Small Businesses and/or Micro-businesses. For further information on eligibility, see Section 3, M. Small Business Program.

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

Section 1: General Information

A. Agreement Term

1. The contract term will be from July 1, 2024 or upon contract approval, whichever is later, through June 30, 2027.

B. Contract Budget Amount

The awarded contract will be written for a maximum amount of $27,000.00. The awarded Contractor will be required to perform services at the rates identified on Attachment 4, Bid Cost Sheet. The number of units identified on Attachment 4 are an estimate only and not a guarantee of number of units to be provided and reimbursed for under the contract. The total Basis of Award amount on Attachment 4 will be used for award purposes only to establish lowest cost.

C. Purpose and Description of Services

1. Purpose of Services

The CDFW’s Law Enforcement Division (LED) investigates crimes against California’s natural resources. Today, wildlife is being poached throughout the State, State waters are being polluted, streams and critical habitats are being destroyed, and human activities are damaging wildlife habitat and requiring responses from wildlife officers at historic levels. Crimes associated with cannabis cultivation cause significant environmental damage.

The Cannabis Enforcement Program (CEP), now a statewide program, targets those cultivators operating without the necessary permits and engaging in significant environmental pollution in conjunction with their unpermitted activity.

One of the more effective enforcement tools remains the administrative enforcement authority provided by Fish and Game Code Section 12025.

Enforcement attorneys draft complaints against these cultivators and once they are served complaints, litigate the claims against them, as needed. Due to the unpermitted nature of their activities, most of the growers and/or landowners avoid contact. In addition, many of the growers and/or landowners are from out of state and/or operate under a Limited Liability Corporation (L.L.C.) Given LED’s limited resources, services of a private process server are required.

2. Scope of Work (Description of Services)

For a detailed description of work to be performed, see Exhibit A, Scope of Work, which is attached hereto within the sample STD. 213 standard agreement and made a part of this solicitation.

D. Questions Regarding IFB

All questions concerning this IFB must be submitted directly to Jillian Harris at Jillian.Harris@wildlife.ca.gov on or before April 19, 2024 at 4:00pm (PT). When submitting questions, indicate the IFB number in the subject line. Questions via fax or telephone will not be accepted. Answers provided by anyone other than the IFB contact named above are not binding upon the State. Answers to questions and other notices about this IFB will be provided via an addendum at the same location on the Cal eProcure website. CDFW is not responsible for sending individual notifications of changes or updates.

E. Eligible Bidders

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB.

The bidder must be legally constituted and qualified to do business within the State of California (registered with the Secretary of State). Except for bidders whose legal status precludes incorporation (i.e., public agencies, sole proprietorships, and partnerships), bidders that are not fully incorporated by the deadline for submitting sealed bids will be disqualified.

The bidder must also not be listed on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code.

F. Community-Based Private Nonprofit Bidders

1. In accordance with Assembly Bill (AB) 590, Chapter 535: Advance Payments, CDFW may allow advanced payment in contracts to community based private nonprofit agencies, not to exceed 25% of the total award, upon the Department’s determination that an advanced payment is essential for the effective implementation of the contract services.

2. For a private nonprofit agency to be eligible to receive up to 25% of the contract amount, the entity must include the following as part of their bid submission and satisfy the minimum requirements in Government Code 11019.3 (c)(2)(A)(i-viii):

• Submit documentation to support the need for advance payment, which may include, but is not limited to, invoices, contracts, estimates, payroll records, and financial records.

• Demonstrate its current status in good standing as nonprofit under section 501(c)(3) of the Internal Revenue Code.

• Provide an itemized budget for the eligible costs the advanced payment will fund.

mailto:Jillian.Harris@wildlife.ca.gov http://www.sos.ca.gov/ https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB590 https://casetext.com/statute/california-codes/california-government-code/title-2-government-of-the-state-of-california/division-3-executive-department/part-1-state-departments-and-agencies/chapter-1-state-agencies/article-1-general/section-110193-effective-112024-expansion-of-existing-advance-payment-practices-for-state-grants-and-contracts-with-nonprofits

G. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

H. 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. A "loss leader" is any article or product sold at less than cost: (a) Where the purpose is to induce, promote or encourage the purchase of other merchandise; or (b) Where the effect is a tendency or capacity to mislead or deceive purchasers or prospective purchasers; or (c) Where the effect is to divert trade from or otherwise injure competitors.

I. Contractor Insurance Requirements

1. The below required insurance documents will be requested upon award only. The awarded bidder will be required to maintain the following insurance coverage throughout the duration of the agreement and must supply proof of coverage, including endorsements, upon request by CDFW. Insurance must be in accordance with Exhibit D CDFW Additional Provisions which is attached to the sample agreement and will be incorporated into the resulting agreement.

2. If the awarded bidder does not supply insurance documents to CDFW on or before the requested date on the Notice of Intent to Award, CDFW may rescind the award for the agreement and award the next lowest cost bidder. Required insurance for this Agreement includes:

a) Commercial General Liability (limits not less than $1,000,000 per occurrence with a $2,000,000 annual policy aggregate)

b) Automobile Liability (limits not less than $1,000,000 combined single limit per accident)

c) Workers Compensation and Employers Liability (limits of $1,000,000 are required. The waiver of subrogation endorsement must also be provided).

The above policies must each be endorsed to include “the State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract”.

J. Bidder Minimum Qualifications

1. Process servers must be registered and must not have a criminal history that includes a felony conviction.

2. Process servers must be 18 years old or old and cannot be a party to the action in which they are serving process.

3. Process servers must perform their duties in compliance with provisions of state and local laws governing the service of process.

4. Process servers must have experience serving difficult to locate parties or those parties actively evading service.

5. The Contractor must be able to serve parties out of state including parties actively evading service.

6. The Contractor must provide investigatory services including stakeouts and skip-tracing, if needed to effect service.

Section 2: Submission Requirements

K. Key Action Dates

EVENT DATE TIME

IFB available to prospective bidders 4/11/2024

Final Date for Question Submission 4/19/2024 4:00pm (PT)

Final Date for Bid Submission 4/26/2024 4:00pm (PT)

Bid Opening 4/30/2024 10:45am (PT)

Notice of Intent to Award 5/3/2024

Proposed Award Date 5/10/2024

L. Submission of Bid

1. All bids must be submitted and received by CDFW on or before the final date and time for bid submission identified above. Bids may be submitted by email, mail, or hand delivered. Faxed bids will not be accepted.

2. Bid submittal by Email: Bids may be submitted by email as a PDF to the IFB contact listed on the front page of this solicitation; only bids received to this email inbox will be considered. Bids submitted via email must clearly identify the IFB name and title in the subject line. Emailed bids will not be opened by CDFW until the bid due date and time listed above in the Key Action Dates.

3. Bid submittal by Mail or Hand Delivery: A hard copy bid must be submitted under sealed cover. Bids not submitted under sealed cover will be rejected. The sealed cover 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 example:

Mail or deliver bids to one of the following addresses:

U.S. Postal Service Deliveries Hand Deliveries* Department of Fish and Wildlife Department of Fish and Wildlife BMB Contracts Unit BMB Contracts Unit P.O. Box 944209 1700 9th Steet, Second Floor Sacramento, CA 94244-2090 Sacramento, CA 95811

Bidder’s Firm Name Bidder’s Firm Address

IFB P2491001, CEP Process Server Service Contract

[choose mailing address below] ATTN: Jillian Harris

DO NOT OPEN

UPS/FedEx/GLS

Department of Fish and Wildlife Attn: BMB Contracts Unit 960 Riverside Parkway, Suite 90 West Sacramento, CA 95605

*Hand delivered bids must be coordinated and scheduled ahead of time. To coordinate delivery, email the IFB contact listed on the cover page of this solicitation. Hand delivered bids must receive a date and timestamp by CDFW staff upon receipt. CDFW staff may not be available to receive and timestamp unscheduled hand deliveries. Hand delivered bids without a timestamp will be rejected.

4. Any bid received after the bid submission date and time specified in Section 2.K.

Key Action Dates will NOT be considered. It is the State's policy to make every effort to ensure that 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 prior to the Public Bid Opening.

5. Public Bid Opening: If your firm chooses to attend the bid opening, please email the IFB contact listed on the cover page of this solicitation and allow sufficient time to locate parking and for visitor security procedures.

Address for Public Bid Opening:

1700 9th Street, Second Floor

Sacramento, CA 95811

6. A minimum of one copy of the bid must be submitted.

7. All bids must include the documents identified in Section 5, Submittal Checklist and Required Attachments (Attachment 1). Required attachments must be fully completed and not contain alternate versions or alterations. Bids with missing attachments or bids including alternate versions or alterations of the attachments will be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

8. All documents requiring a signature must be signed by a person authorized to bind the bidding firm.

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

10. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of an immaterial deviation will in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

11. The Bidder is required to complete all items on the bid cost sheet. Any items left blank will be interpreted by the State to represent a bid of zero dollars ($0.00) for that item. Items indicating anything other than a numerical dollar amount (e.g. N/A) may be deemed nonresponsive and may be rejected.

12. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and will not be charged to the State of California.

13. An individual who is authorized to bind the bidder contractually must sign the

Bid/Bidder Certification Sheet, (Attachment 2). The signature must indicate the title or position that the individual holds in the firm. An unsigned bid will be rejected.

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

15. A bidder may withdraw a 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.

16. CDFW 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 or through the Cal eProcure website (https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx).

17. CDFW reserves the right to reject all bids. CDFW is not required to award an agreement.

18. Before submitting a response to this solicitation, bidders are expected to review and understand all exhibits, correct all errors, and confirm compliance with the IFB requirements.

19. Where applicable, bidder should carefully examine work sites and specifications.

Bidder must investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

20. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions are not negotiable.

21. No oral understanding or agreement will be binding on either party.

Section 3: Preference and Incentive Programs

M. Small Business Program

1. A Small Business Preference of five percent (5%) will be granted in accordance with Government Code Section 14835, and as contained in California Code of Regulations, title 2, Section 1896.8. To claim the Small Business Preference, which may not exceed $50,000 for any bid, your firm must have its principal place of business located in California and you must have an approved small business certification form and proof of annual receipts on file with the Department of General Services, Office of Small Business and Disabled Veteran Business Services (OSDS). Questions and requests for copies of the regulations should be directed to OSDS at (916) 375-4940.

2. Bidders requesting the Small Business Preference must complete the certification on the attached Bid/Bidder Certification Sheet (Attachment 2, Item 14) and include a copy of the certification. The Small Business Preference and Certification Request must be signed in the same style in which the bidder is licensed by the Contractor’s State License Board.

3. The application of the five percent (5%) Small Business bidding preference is extended to non-small businesses that commit to subcontracting at least twenty-five percent (25%) of its net bid price to California Certified Small Businesses and/or Micro-businesses when the non-small business:

a) Includes a notification in the bid submission to the CDFW that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one (1) or more small businesses

b) Submits a timely, responsive bid

c) Is determined to be a responsible bidder; and

d) Submits a Bidder Declaration GSPD-05-105 (see Attachment 6) listing the small businesses it commits to subcontract with for a commercially useful function in the performance of the Agreement.

4. The CDFW will grant small businesses a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

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

b) Submits a timely, responsive bid; and

c) Is determined to be a responsible bidder.

5. Bidders pending Small Business or DVBE Certification applications under review by the Department of General Services concurrent with the bid time frame should contact OSDS to request an expedite review/approval of their application in order to be considered for the small business preference during the evaluation of this bid. Contact OSDS at (916) 375-4940 to obtain information about the application expedite process.

6. Bidders must notify the CDFW, in writing, at the time of bid submission that they have an application for Small Business or DVBE Certification under review at the OSDS, and that they wish to be considered for the Small Business Preference Calculation.

N. Disabled Veteran Business Enterprise (DVBE) Incentive and Participation

1. DVBE Incentive

a) In accordance with section 999.5(a) of the Military and Veterans Code, and

DVBE Incentive Regulations, CCR 1896.99.100, an incentive will be given to bidders who provide DVBE participation.

b) For evaluation purposes only, the State will apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 (see Attachment 6), confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of:

DVBE

Incentive

5% or Over 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 3%

c) For 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. DVBE Program Participation Program Requirements

The DVBE Participation Program Requirements have been waived for this IFB; however, an incentive will be given to bidders who provide DVBE participation.

3. DVBE Resources and Information

The Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (DGS-OSDS) is the state's certifying agency that oversees the Small Business (SB), Small Business for the Purpose of Public Works (SB-PW), and Disabled Veteran Business Enterprise (DVBE) certification programs. Resources and Information can be found at:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/Office-of-Small-Business-and-Disabled-Veteran-Business- Enterprise/Certification-Program

4. Commercially Useful Function Definition

a) All California-certified Small Businesses (SB) and Disabled Veteran Business Enterprise (DVBEs) doing business with the state must perform a Commercially Useful Function (CUF). Performing CUF is a critical requirement for all California-certified firms - SB and DVBE - that do business with the state (Government Code Section 14837 and Military and Veterans Code Section 999).

b) CUF definition and resources can be found at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

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

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

Section 4: Evaluation and Award Process

O. Evaluation and Selection

1. 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.

2. CDFW will evaluate each bid to determine its responsiveness to the published requirements.

3. 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.

P. Basis of Award

1. The contract Award, if made, will be to the lowest responsive/responsible bidder.

2. Bid responses must comply with all IFB requirements. Failure to do so will disqualify the bid. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

3. In the event of a two-way (or more) tie, the method that will be used as a "tie-breaker" will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

4. Small Business bidders, meeting the IFB specifications, will have precedence over Non-Small Business bidders in that the application of any bidder preference for which Non-Small Business bidders that may be eligible under any other provision of law will not result in the denial of the award to a Small Business bidder.

5. In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a Small Business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract will be awarded to the veteran-owned small business.

Q. Award and Protest

1. Award: If an Agreement is not awarded to the lowest bidder, the lowest bidder will be notified within five (5) working days prior to the award of the Agreement. Notice of the proposed award will be posted publicly on the IFB’s event page on the Cal eProcure website (https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx) at least five (5) working days prior to awarding the Agreement.

2. Protest: In Accordance with Public Contract Code Section 10345, if any Bidder, prior to the award of an agreement, files a written protest with the Department of General Services, Office of Legal Services, and CDFW on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement will not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. The protest must be sent to:

Department of General Services California Department of Fish and Wildlife Office of Legal Services Contracts Unit ATTN: Bid Protest Coordinator ATTN: Contracts Unit Manager 707 3rd Street, 7th Floor, Suite 7-330 P.O. Box 944209 West Sacramento, CA 95605 Sacramento, CA 94244-2090 Email: OLSProtests@dgs.ca.gov Email: BMBcontracts@wildlife.ca.gov

Within five (5) days after filing the initial protest, the protesting bidder must file with the Department of General Services and the California Department of Fish and Wildlife a detailed written statement specifying the grounds for the protest.

Protests may be submitted by regular mail, facsimile, courier, or personal delivery.

R. Disposition of Bid

1. Upon bid opening, all documents submitted in response to this solicitation will become the property of the State of California and will be available for public inspection under Public Contract Code 10342.

S. Sample Standard Agreement

1. This solicitation includes, as a separate document, a Sample Standard Agreement (STD 213 and exhibits) for review. The Sample Standard Agreement contains language that CDFW expects to utilize for the awarded contract.

T. Agreement Execution and Performance

1. Work must start on the express date set by the CDFW Contract Manager 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 CDFW, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor will be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another Contractor.

2. The rates provided by the Contractor identified on Attachment 4, Bid Cost Sheet will be incorporated into the Agreement’s Exhibit B, Budget Detail and Payment Provisions. Rates must remain the same throughout the duration of the agreement and cannot be altered through an amendment to the contract.

3. All performance under the Agreement must be completed on or before the termination date of the Agreement.

U. Use of Subcontractor(s)

1. The Contractor will be responsible for all work performed. All persons engaged in the work will be considered employees of the Contractor. When any subcontractor fails to execute a portion of the work in a manner satisfactory to the State, the Contractor must immediately remove such subcontractor upon written request of the State and the subcontractor will not be employed for any portion of the contract.

The State will not entertain requests to arbitrate disputes among subcontracts concerning responsibility for performing any part of the work.

Section 5: Submittal Checklist and Required Attachments

ATTACHMENT 1 - SUBMITTAL CHECK LIST

Complete this checklist by placing a checkmark or “X” next to each item to confirm your bid submission is complete. A complete and responsive bid submission must include all attachments and required documents (including this checklist) identified below:

Attachment Attachment Name/Description

Attachment 1 Submittal Check List

Attachment 2 Bid/Bidder Certification Sheet (Signed)

Attachment 3 Payee Data Record (STD. 204/205) (Signed)

Attachment 4 Bid Cost Sheet

Attachment 5 Contractor’s Certification Clauses (CCC 04/2017)

Attachment 6 Bidder Declaration Form

Attachment 7 DVBE Declaration

Attachment 8 Commercially Useful Function (CUF) Certification

Attachment 9 California Public Contract Code Section (10162)

Attachment 10 Darfur Contracting Act Certification

Other Required Documents:

Copy of California Business License or articles of incorporation (per “Eligible Bidders” Section

Proof of Active Small Business status or Disabled Veteran Business Enterprise status with the Department of General Services (if applicable)

Evidence that all process servers working under this agreement are at least 18 years old, are registered, and do not have a criminal history that includes a felony conviction.

Evidence that process servers have experience serving difficult to locate parties or those parties actively evading service.

A signed acknowledgment indicating that the Bidder is able to serve parties out of state, including parties actively evading service, and that the Bidder is able to provide investigatory services including stakeouts and skip-tracing, if needed to effect service.

ATTACHMENT 2 - BID/ BIDDER CERTIFICATION SHEET

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

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

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

C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals.

D. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An unsigned Bid/Bidder Certification Sheet may be cause for rejection

1. Company Name 2. Telephone Number 2a. Email

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No.

(FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print): 11. Title:

12. Signature 13. Date

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

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

b. Disabled Veteran Business Enterprise Yes No If yes, enter certification number:

c. Non-Small Business Subcontractor Preference Yes No

NOTE: A copy of your Certification is required and MUST be included if either of the above items are checked “Yes”.

Date application submitted to OSDS (if application is pending): _______________________

BID/BIDDER CERTIFICATION SHEET INSTRUCTIONS

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below:

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. Items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one (1) person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there will be a proportional sharing of the profits and losses between them. An association of two (2) or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his/her successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your Federal Employee Tax Identification Number.

Enter your corporation number assigned by the California Secretary of State’s Office.

This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

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

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line.

If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter certification number on the line.

If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT 3 - PAYEE DATA RECORD (STD 204/205)

A completed Payee Data Record is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

STD 204 Payee Data Record

This form is available at: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

The STD 205 is optional. It is used to provide remittance address information if different than the mailing address on the STD 204 – Payee Data Record. Use this form to provide additional remittance addresses and additional Authorized Representatives of the Payee not identified on the STD 204.

STD 205 Payee Data Record Supplement

This form is available at: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

ATTACHMENT 4 - BID COST SHEET

The Bidder proposes to provide CDFW with process server services in accordance with the specifications, terms, and conditions contained herein, at the unit rates noted below. Rates include all Contractor costs including but not limited to taxes, labor, transportation, travel, parking, and all other expenses necessary under the performance of this contract. The awarded Contractor will be reimbursed for actual services rendered as requested and approved by the CDFW Contract Manager.

If a field within the Cost Sheet is left blank, it will be construed as a bid of $0.00. If a field within the Cost Sheet is marked with anything other than a number (i.e. N/A) the bid may be deemed nonresponsive.

Item Number of Units

Cost Per Unit Total

Standard – Serve Legal Documents 72 X $ = $

Rush – Serve Legal Documents 36 X $ = $

Electronic filing, Discovery, Court References 48 X $ = $

Copies/Printing Fees (per page) 3,800 X $ = $

Total Evaluated Bid Amount $

Please note that the number of units listed above for each line item are an estimate only, provided solely for the purposes of bid comparison. They do not constitute guaranteed items of work under the resulting agreement.

ATTACHMENT 5 - CONTRACTOR CERTIFICATION CLAUSE (04/2017)

A completed Contractor Certification Clause is required with your bid. Please use this link to go directly to the form:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC- 042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

ATTACHMENT 6 - BIDDER DECLARATION FORM

(GSPD-05-105)

A completed Bidder Declaration Form is required with your bid. When completing the declaration, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract.

At the State’s option prior to award, Bidders may be required to submit additional written clarifying information on selected subcontractors. Failure to submit the requested written information as specified may be grounds for proposal rejection.

This form with instructions is available is available at the following link:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

ATTACHMENT 7 - DVBE DECLARATION

(DGS-PD-843)

A completed DVBE Declaration is required with your bid. If your firm is not a DVBE and none of your subcontractors is a DVBE, please include the form itself marked ‘N/A’ when submitting your bid.

This form is available at the following link:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

ATTACHMENT 8 - COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION

Complete one (1) CUF Certification for the portion of the contract that each certified Small Business (SB) and/or Disabled Veteran Business Enterprise (DVBE) identified on the Bidder Declaration will be performing. If no SBs or DVBEs will participate in the contract work, mark ‘N/A’ on this form when submitting it with your bid.

CUF statute (Government Code 14837 and Military and Veterans Code 999) requires that the contractor and subcontractor provide goods/services described in the scope of work and/or considered to be distinct element of the contract work.

Supplier Name:

Certification Type (SB or DVBE):

Certification number:

Prime or Subcontractor?

1. List the specific services the supplier will provide in relation to the Scope of Work:

2. List reasons why the services are a normal and consistent function of the supplier; provide support (e.g.

UNSPSC, certification, resumes, licenses, educational degrees, website, past performance, etc.):

3. Will the supplier provide products, inventories, materials, and supplies as well as perform ALL the following duties?

(If supplier is not providing any goods, mark “N/A”)

1. Negotiating Price

2. Determining quality and quantity

3. Ordering

4. Making payment

5. Installing

N/A Yes No

ATTACHMENT 9 - CALIFORNIA PUBLIC CONTRACT CODE SECTION 10162

California Natural Resources Agency: California Department of Fish and Wildlife

-- Questionnaire –

FACILITY NAME PROJECT NAME

NAME OF BUSINESS

In accordance with Section 10162 of the California Public Contract Code, bidders shall complete, under penalty of perjury, the question below. Please answer the following:

HAVE YOU, ANY OFFICER OF YOUR BUSINESS, OR ANY EMPLOYEE OF YOUR

BUSINESS WHO HAS PROPRIETRY INTEREST IN YOUR BUSINESS EVER BEEN

DISQUALIFIED, REMOVED, OR OTHERWISE PREVENTED FROM BIDDING ON, OR

COMPLETING A FEDERAL, STATE, OR LOCAL GOVERNMENT PROJECT BECAUSE

OF A VIOLATION OF LAW OR VIOLATION OF SAFETY REGULATIONS? Yes

(Explain circumstances below. Attach additional pages if needed.) No

NOTICE TO BIDDERS

Bidders are cautioned that making false certification may subject the certifier to criminal prosecution.

The California Department of Fish and Wildlife (CDFW) reserves the right under California Public Contract Code Section 10162 to reject any bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder who has been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local government project because of a violation of law or violation of safety regulations.

Failure to return this form with the bid shall not be cause for rejection; however, bidders must furnish the completed form within the time frame prescribed by the CDFW. Failure to submit this form within the time frame prescribed by the CDFW may be deemed refusal of an award which shall be cause for forfeiture of bidder's security.

CERTIFICATION

By my signature, I certify under penalty of perjury under the laws of the State of California that the foregoing questionnaire and statements pursuant to California Public Contract Code Section 10162 are true and correct

BIDDER SIGNATURE

PRINTED NAME

DATE

ATTACHMENT 10 - DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

OPTION #1 – NOT APPLICABLE

Check here if your company has not, within the previous three years, had any business activities or other operations outside of the United States.

Company/Vendor Name (Printed) Federal ID Number

Printed Name and Title of Person Signing By (Authorized Signature)

OPTION #2 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #3 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services 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.

Initials of Submitter

Printed Name and Title of Person Initialing

ACKNOWLEDGEMENT OF CAPABILITIES

I, as an authorized representative of (firm name) _____________________________________, acknowledge that the services requested under this agreement may require contract work to be conducted outside of the geographical bounds of the State of California and may require investigatory actions including, but not limited to, stakeouts and skip-tracing. I hereby confirm that my firm is able to:

1) serve parties out of state, including parties actively evading service

2) provide investigatory services including stakeouts and skip-tracing, if needed to effect service

Printed name and title of signatory: _________________________________________________

Signature: ________________________________________________ Date: _______________