IFB_Package___C5612416-D.pdf

California Department of Corrections and Rehabilitation

Division of Administrative Services Office of Business Services Contracts Management Branch

Updated: July 2024

8/9/2024

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTS MANAGEMENT BRANCH

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

Document Remediation and Accessibility Services

BID NUMBER C5612416-D

RETURN BID TO: CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov Please see Bid Submittal instructions for CDCR’s new electronic bid submittal process.

You are invited to review and respond to this IFB C5612416-D, titled Document Remediation and Accessibility Services Contract, for Headquarters. In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Government Code 14838, the California Department of Corrections and Rehabilitation (CDCR) is required to meet the State’s twenty-five percent (25%) Small Business (SB) participation requirement. Certified SBs and micro-businesses (MB) are encouraged to submit bids. See Small Business Preference Program Section, in this IFB for requirements.

The designated contact person for this IFB is:

Contract Analyst: Mariann Isola California Department of Corrections and Rehabilitation Email address: Mariann.Isola@cdcr.ca.gov Phone: (279) 210-3740

Please note that no verbal information given will be binding upon CDCR unless such information is issued in writing as an official addendum.

Technical questions regarding this solicitation will be addressed in writing and accordance with the Questions and Answers portion of this IFB. See Letters of Inquiry Section for more details.

Sincerely, Mariann Isola

Mariann Isola Contract Analyst

BID PACKAGE OVERVIEW .................................................................................................................- 4 -

PROJECTED TIMETABLE .................................................................................................................... - 5 -

FUNDING ........................................................................................................................................... - 5 -

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS ............................................................ - 5 -

PROHIBITION ON TAX DELINQUENTS ............................................................................................... - 5 -

BIDDER RESPONSIBILITIES & THE BID PACKAGE ............................................................................... - 5 -

BID SUBMITTAL ................................................................................................................................. - 6 -

LETTERS OF INQUIRY ........................................................................................................................ - 7 -

PUBLIC BID OPENING ........................................................................................................................ - 8 -

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS .......................................................................... - 8 -

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE ......................................................... - 8 -

BASIS FOR AWARD ............................................................................................................................ - 9 -

PROTEST AWARD .............................................................................................................................. - 9 -

AGREEMENT EXECUTION ................................................................................................................- 10 -

EXTENSION OF TERM ......................................................................................................................- 10 -

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM .....................................................- 10 -

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE .....................................................- 10 -

SMALL BUSINESS PREFERENCE PROGRAM .....................................................................................- 11 -

NON-SMALL BUSINESS PREFERENCE REQUEST ..............................................................................- 12 -

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE ..........................- 12 -

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS: SMALL/MICRO BUSINESS

AND DVBES .....................................................................................................................................- 13 -

BIDDER PROVIDING FACILITY(IES) ..................................................................................................- 13 -

Table of Contents

BID PACKAGE OVERVIEW

This IFB package contains the following documents (except as otherwise indicated).

Please note that you must comply with the requirements contained in all documents.

Bid Submittal Checklist

Bidder Acknowledgment/Certification (OBS 300)

Sample Standard Agreement (STD 213)

Scope of Work (Exhibit A)

Budget Details and Payment Provisions (Exhibit B)

Rate Sheet (Exhibit B-1)

General Terms and Conditions (Exhibit C) This document is incorporated in this bid package by reference only and is available on the Internet at Standard Contract Language for Non-IT Services - GTC 04/2017.

Special Terms and Conditions (Exhibit D)

CDCR 2301 PREA Policy Information for Volunteers and Contractors (Exhibit E)

Standard Contractor Certification Clauses (CCC)

Payee Data Record (STD 204)

Payee Data Record Supplement (STD 205)

CDCR Supplement Vendor Payee Data Record Form

Darfur Contracting Act (OBS 1500)

GenAI Reporting and Factsheet (STD 1000)

Sample Certificate of Insurance

Bidder Declaration (GSPD-05-105)

Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555)

DVBE Declarations (DGS PD 843)

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

Invitation for Bid Contract Bid Number C5612416-D

PROJECTED TIMETABLE

The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders Friday, August 9, 2024 Letters of Inquiry Submission Date Wednesday, August 21, 2024 Submission of Bid Wednesday, September 4, 2024, by 11:00 AM Public Bid Opening Thursday, September 5, 2024, at 2:00 PM Anticipated Date for Commencement of Services

October 1, 2024, or Upon Approval (whichever is later)

Term End Date of Agreement June 30, 2025

FUNDING

The State’s estimate for this Agreement is $60,000.00.

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.

(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.

(b) This section shall apply to any contract executed on or after July 1, 2012.

BIDDER RESPONSIBILITIES & THE BID PACKAGE

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.

Bidder shall provide rate(s) on Rate Sheet (Exhibit B-1). Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

1. Any quantities listed on Exhibit B-1 are CDCR’s estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

3. The amount of the total bid will be rounded up to the nearest whole dollar when the Agreement documents resulting from this bid are prepared.

All required documents listed in the Bid Submittal Checklist must be included within the bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, a signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. 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. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed through DocuSign by the bidder.

Failure to submit required documentation may result in the rejection of your bid.

BID SUBMITTAL

Bids must be submitted electronically, with all necessary bid submission documents in a clear, legible Portable Document Format (PDF), the documents are fully responsive and lack any deficiency, to CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov no later than the time and date specified in the Projected Timetable. Any bid received in any other manner will NOT be considered. Bid submission time will be recorded using the electronic time stamp associated with receipt of the email submission. CDCR will provide an automated email response confirming receipt of each submission received showing the date and time the submission was received. If a confirmation receipt is not received, please contact CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov to confirm your bid was received. Confirmation receipt is not a representation by CDCR that the submitted bid is responsive and complete.

Any electronic bid received after the Submission of Bid date and time specified in the Projected Timetable will NOT be considered. Bidders are ultimately responsible for ensuring timely receipt of their bid. It is recommended that Bidders submit bids at least one (1) hour in advance of the bid submission deadline to allow for confirmation of bid submission.

Bid submissions with attached PDF documents in excess of forty (40) Megabytes in size risk being undeliverable. The State’s mail server may automatically reject excessively large emails. Bidder may submit multiple emails if file size exceeds forty (40) Megabytes. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the internet (e.g., Google Drive, Dropbox) in lieu of attachments are not acceptable, and any documents stored at such links will not be reviewed.

The subject line of the electronic bid must be titled:

BID FOR C5612416-D- Document Remediation and Accessibility Services.

Bids that are not properly marked may be disregarded. Please see example below for further assistance.

The body of the email of the electronic bid must only contain the following:

DO NOT OPEN

BID NUMBER: C5612416-D

ATTENTION: Mariann Isola

COMPANY NAME:

(See Sample Below)

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

Only an individual who is legally authorized to bind the proposing firm contractually shall sign all documents requiring a signature, and each document must bear one of the following DocuSign, or Adobe Acrobat Sign signature, or a scanned document of an original ink signature. An unsigned bid may be rejected.

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. A bid may be withdrawn from consideration by submitting a written withdrawal request to CDCR via email to CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov, signed by the bidder or an authorized agent. Bids will not be opened until the Public Bid Open date and time. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

All documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

LETTERS OF INQUIRY

The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders.

Any letters of inquiry must be submitted by email to allow CDCR time to research and prepare a response.

Submit your letter of inquiry by the date specified in the Projected Timetable Section of this IFB directly to Mariann Isola, Contracts Management Branch, by E-mail: Mariann.Isola@cdcr.ca.gov.

Inquiries received after this date will only be addressed at CDCR’s discretion.

PUBLIC BID OPENING

All bids received by the due date and time will be opened and read at a virtual public bid opening. Bids will be opened publicly over conference-call utilizing the call-in number below. The time of the public bid opening will be as outlined in the Projected Timetable.

Call-In Number: 1-916-701-9994 Passcode: 340347063#

At the time of the public bid opening, the dollar amount of each bid, claimed preference, and the name of each company bidding shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE Mandatory participation requirements, if applicable.

Final results may change as a result of formal bid evaluation.

Bid opening will be audio only with no opportunity for questions and answers.

Bid Results can also be requested by contacting the contract analyst listed in this solicitation following the public bid opening.

EXECUTIVE ORDER N-6-22 – RUSSIAN 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.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

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

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

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

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

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

BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed, and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

PROTEST AWARD

Information regarding the protest of an award may be found by going to State Contracting Manual - Volume 1, under Chapter 6: Contract Award Protests.

A protest to this bid must adhere to Public Contract Code (PCC) Section 10345.

The envelope or email subject line containing the written protest must clearly state:

"Protest Concerning IFB Number C5612416-D for the California Department of Corrections and Rehabilitation".

Protests MUST be filed with:

ORIGINAL COPY

EMAIL OR MAIL DELIVERY

Email: OLSProtests@dgs.ca.gov

Department of General Services Office of Legal Services Attn: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

EMAIL OR MAIL DELIVERY

E-mail: m_CDCR-OBS-Protest-Mailbox@cdcr.ca.gov

Department of Corrections and Rehabilitation Office of Business Services Contracts Management Branch 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

AGREEMENT EXECUTION

The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required. Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, B, B-1, C, D, and E.

This Agreement will not include a copy of the Exhibit C, General Terms and Conditions for Private Contractors, which is incorporated into the Agreement by reference only on the STD 213. Exhibit C may be downloaded from the Internet at Standard Contract Language for Non - IT Services.

After award, the Standard Agreement will be forwarded to the Contractor for signature via DocuSign.

Upon receipt, the Contractor must sign the Agreement and return the Agreement with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreement and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the DGS Government Claims Program. When the Agreement is fully approved, a copy will be forwarded to you.

EXTENSION OF TERM

This Agreement may not be amended to extend the term except where necessary to complete performance of the original agreement and not to provide for additional services.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CDCR is committed to meeting and exceeding the three percent (3%) goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code

999. The DVBE Incentive Program applies to all contracting activities for services. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation. This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form (OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

Award Based on Low Price

The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five percent (5%) will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

SMALL BUSINESS PREFERENCE PROGRAM

Current law requires state departments to support the success of small businesses, including microbusinesses, in participation in contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to contract with certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California;

2. The officers are domiciled in California;

3. The business is independently owned and operated;

4. The business, with any affiliates, is not dominant in its field of operation; and

a. For Small Business, either:

(1) The business, together with any affiliates, has one hundred (100) or fewer employees and averaged annual gross receipts of $16,000,000 or less over the previous three years, or

(2) The business is a manufacturer with one hundred (100) or fewer employees;

b. For Micro Business, either:

(1) The business, together with any affiliates, has twenty-five (25) or fewer employees and averaged annual gross receipts of $5,000,000 or less over the previous three years, or

(2) The business is a manufacturer with twenty-five (25) or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by 5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

NON-SMALL BUSINESS PREFERENCE REQUEST

Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS

555) with their bid proposal.

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.

In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000.

The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05-105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

BIDDER PROVIDING FACILITY(IES)

Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

BID SUBMITTAL CHECKLIST

DOCUMENT REMEDIATION AND ACCESSIBILITY SERVICES

IFB No. C5612416-D

Use this checklist to ensure that the documents identified below are included in your company’s bid package. Place a check mark or “X” next to each document being submitted to the State.

Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid will consist of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.

_____ Bid Submittal Checklist (this checklist)

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Rate Sheet (Exhibit B-1)

_____ Copy of Contractor Certification Clauses (CCC – 04/2017)

_____ Payee Data Record (STD 204)

_____ Payee Data Record Supplement (STD 205)

_____ CDCR Supplement Vendor Payee Data Record Form

_____ Darfur Contracting Act (OBS 1500)

_____ GenAI Reporting and Factsheet (STD 1000)

_____ Bidder Declaration (GSPD-05-105)

_____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS

555) (if applicable)

_____ Copy of valid California city or county business license (if applicable) or, if a corporation located within the State of California, incorporation documents or letter from the Secretary of State or, if not a California business, an affidavit that business is in good standing with the state, province, or country in which business is headquartered.

_____ DVBE Declarations (STD 843) (if applicable)

______DVBE Bid Incentive Request and Acknowledgement (OBS 554) (if applicable)

NOTE TO BIDDER: In addition to the above, the Provider shall furnish the following to CDCR upon award.

______ Copy of Automobile Insurance Certificate, Worker’s Compensation Certificate, and

Commercial General Liability Insurance Certificate

Bidder Acknowledgement/Certification (OBS 300) California Department of Corrections and Rehabilitation (CDCR)

The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Exhibit A, Scope of Work, all Terms and

Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1, Rate

Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1, Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:

FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership

[ ] Corporation (State in which incorporated _______) [ ] Other: ______________________

By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of

California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed)

Preferences: Certification Number/Expiration Date

DGS certified Small Business

DGS certified Micro Business

Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555

DGS certified Disabled Veteran Business Enterprise

DVBE Incentive requested by bidder (include the completed OBS 554 with bid)

NVSA preference request

TACPA Attach all applicable forms

Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

TBB IFB Number C5612416-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Document Remediation and Accessibility Services

1. Introduction

The Contractor agrees to provide the California Department of Corrections and Rehabilitation (CDCR), Regulation and Policy Management Branch (RPMB) with resources to remediate and ensure documents comply with accessibility standards specified in Section 508 of the Rehabilitative Act of 1973, Government Code (GC) Sections 7405, 11135, 115465.7, and the Web Content Accessibility Guidelines (WCAG)

2.1 or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum of Conformance Level AA. The work includes the remediation of the documents provided by CDCR to meet the Federal and State requirements. The Contractor shall provide all labor, supplies, materials, equipment, and tools, and every other item of expense necessary to perform the necessary services. Services shall be provided on an as-needed basis, to be determined by CDCR.

All requests shall be made by CDCR staff in writing by either email, hand delivery, or mailed by prepaid first-class postage.

2. Contractor Responsibilities

The Contractor shall provide the following services:

a. Remediate, proof and certify that each remediated document complies with the State and Federal web content accessibility laws including California GC Sections 7405, 11135, 115465.7, and WCAG 2.1 or a subsequent version at a minimum conformance of Level AA.

b. The timeframe for receipt of files will be agreed upon in writing between the Contractor and CDCR, with e-mail being an acceptable method of communication.

3. CDCR Responsibilities

CDCR shall provide the following:

a. State and/or local agencies shall, when possible, provide four (4) calendar days

(96-hours) advance notice to the contractor when requesting remediation and accessibility services. There may be occasions when a service cannot be requested within the four (4) calendar days (96-hour period); the contractor shall notify CDCR if the requested timeframe can be accommodated.

b. Provide contractor access to applicable files, reports, contracts, documents, and other relevant information.

c. A portable document format (PDF) or other mutually acceptable format of the document needing remediation; including, but not limited to the documents that are required to be posted onto the CDCR internet and intranet page(s):

Notice of Change to Regulations (NCR) o Regulation Text o Initial Statement of Reasons o Forms Incorporated by Reference o Document(s) Relied Upon

Renotice for NCRs o Cover Letter o Revised Regulation Text o Initial Statement of Reasons-Addendum o Forms Incorporated by Reference (if changes are made) o Document(s) Relied Upon (if changes are made)

Office of Administrative Law (OAL) Approved Regulations o OAL Approval Letter o STD 400 o Final Regulation Text o Final Statement of Reasons o Forms Incorporated by Reference o Document(s) Relied Upon

Emergency Regulations o OAL’s Approval Letter o STD 400 o Emergency Regulation Text o Forms Incorporated by Reference o Document(s) Relied Upon o NCR o Renotice (if applicable) o Final Approved Regulation Text

Tables/Appendices/Matrices/Schedules Authorized Pilot Programs Title 15 Annual Publication (415 pages) CDCR Department Operations Manual Publication (878 pages)

4. CDCR Contact Information

Should questions or problems arise during the term of this Agreement, the Contractor should contact the following offices:

Billing/Payment Issues:

Headquarters Accounting Office Phone Number: (279) 223-3500 Email: APA.Invoices@cdcr.ca.gov

Scope of Work/Performance Issues:

Regulation and Policy Management Branch Kristina Bozzo-Baldenegro, Staff Services Manager I Phone Number: (279) 223-2311 Email: Kristina.Bozzo-Baldenegro@cdcr.ca.gov

General Contract Issues:

Office of Business Services Contracts Management Branch Phone Number: (279) 210-3740

Email: m_cdcrobscontracts@cdcr.ca.gov

California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions Rev. 12/2023

1. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.

b. Invoices shall include the Agreement Number, Purchase Order Number and shall be submitted in triplicate not more frequently than monthly in arrears to the address provided below.

c. The Contractor also has the option to submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above.

ASB - Sacramento Attention: Accounts Payable A P.O. Box 187015 Sacramento, CA 95818-7015

For electronic submission, send invoices to:

APA.Invoices@cdcr.ca.gov

1. Budget Contingency Clause

a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement.

b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount.

2. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses

California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions Rev. 12/2023 shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

3. Subcontractors

Nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor’s responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

4. Advanced Payment for Non-Profit Organizations

Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty five percent (25%) of the annual budget for each fiscal year. The CDCR will review and determine the need for an advance payment using the criteria contained in the department’s procedures for advance payments to Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each fiscal year of the agreement.

5. Bidder Acknowledgement/Certification (OBS 300)

The Contractor hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work and all Terms and Conditions.

Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.

X =

1 X =

2 X =

3 X =

Number of Pages

BASIS FOR AWARD

TOTAL AMOUNT OF AGREEMENT (SUM OF 1 + 2 + 3) = -$

$ - $ - Bulk Discount*

Electronic bid packages include an Excel version of the Rate Sheet (Exhibit B-1) in addition to the PDF file in order to assist bidders in computing accurate totals. Bidders should download the Excel version and complete all highlighted cells.

Any quantities listed on Exhibit B-1 are CDCR's estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

Note: Bidder is required to bid each item. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid. A zero dollar ($0.00) amount listed for any and all items will be interpreted and understood by the State to mean that the bidder shall perform any such service at no cost to the State.

TBB

Rate Sheet

IFB Number C5612416-D

$ - Expedited timeframe $ - 1

Exhibit B-1

Document Remediation and Accessibility Services

TOTAL

Regular timeframe $ -

EQUIPMENT DESCRIPTION COST

Contractor may offer a discount on invoices in order for the invoices to be paid within 30 days of reciept. Discount offered must be at least on (1) percent of the amount and a minimum of $50.00.

Discount offered on invoices to be paid within 30 days of receipt = _________ %

In the event of a tie absent of other determining factors, the lowest responsible bid with the highest discount shall prevail.

*Bulk Discount is if there are discounts offered for more than a certain number of pages (i.e. 50 pages or more are charged lower per page than if less than 50 are sent)

California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions Rev. 07/2024

1. Contract Disputes (Supersedes provision number 6, Disputes, of Exhibit C)

As a condition precedent to Contractor’s right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor’s failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies.

Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor’s failure to diligently proceed shall constitute a material breach of the Agreement.

The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper.

a. Final Payment

The acceptance by Contractor of final payment shall release the California Department of Corrections and Rehabilitation (CDCR) from all claims, demands and liability to Contractor for everything done or furnished in connection with this work and from every act and neglect of CDCR and others relating to or arising out of this work except for any claim previously accepted and/or in process of resolution.

b. Informal Appeal Contractor and the program or institution contract liaison, or other designated CDCR employee of the unit for which the goods are being delivered or the service is being performed, shall first attempt in good faith to resolve the dispute or claim by informal discussion(s). Contractor shall identify the issues and the relief sought. Informal discussion(s) between Contractor and contract liaison, or the designated CDCR employee, shall be written, dated, and signed by the authors.

The program or institution contract liaison shall issue an informal written statement to Contractor regarding the dispute within fifteen (15) calendar days following settlement or an impasse in the informal discussion(s) process. The written statement shall either: (1) document the dispute settlement and what, if any, conditions were reached;

or, (2) document the reason(s) the dispute could not be resolved informally and provide notification to Contractor of its option to file a formal appeal within thirty (30) days of the informal statement. One (1) copy of the informal statement and the discussion(s) on which it is based shall be forwarded immediately to the Office of Business Services (OBS) for inclusion in the Agreement file.

c. Formal Appeal If the dispute or claim is not resolved to Contractor’s satisfaction by the informal appeal process, Contractor may file with the Chief, Contracts Management Branch (CMB), OBS, and a formal written appeal within thirty (30) calendar days of the date of CDCR’s informal written decision. The formal written appeal shall be addressed as follows:

(SUBJECT)

Chief Contracts Management Branch Office of Business Services California Department of Corrections and…