IFB_Package.pdf

California Department of Corrections and Rehabilitation

Division of Administrative Services Office of Business Services Contracts Management Branch

Updated: August 2024

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTS MANAGEMENT BRANCH

01/21/2025

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

SPRAY ON FIREPROOFING SERVICES

CORRECTIONAL CONSTRUCTON MENTORSHIP PROGRAM (CCM)

PLEASANT VALLEY STATE PRISON

BID NUMBER C5612641-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 C5612641-D, titled Spray on Fireproofing Services

Contract, for the Correctional Construction Mentorship Program (CCM) located at Pleasant Valley State Prison (PVSP). 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: Zaryab Durrani California Department of Corrections and Rehabilitation Email address: Zaryab.durrani@cdcr.ca.gov Phone: 279-210-3759

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, Zaryab Durrani Contract Analyst

BID PACKAGE OVERVIEW

PROJECTED TIMETABLE

FUNDING

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

PROHIBITION ON TAX DELINQUENTS

BIDDER RESPONSIBILITIES & THE BID PACKAGE

BID SUBMITTAL

LETTERS OF INQUIRY

PUBLIC BID OPENING

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

BASIS FOR AWARD

GENERAL PREVAILING RATE OF WAGES

PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

AGREEMENT EXECUTION

EXTENSION OF TERM

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

SMALL BUSINESS PREFERENCE PROGRAM

NON-SMALL BUSINESS PREFERENCE REQUEST

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE

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

AND DVBES

BIDDER PROVIDING FACILITY(IES)

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 for CCM/FPCM Contracts (Exhibit B)

Public Works Rate Sheet (Exhibit B-1)

Electronically downloaded bid package includes an Excel spreadsheet file in addition to the PDF version (for additional information, see Exhibit B-1, first paragraph).

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 for Public Works (Exhibit D)

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

Standard Contractor Certification Clauses (CCC 04/2017)

Payee Data Record (STD 204)

Payee Data Record Supplement (STD 205)

Supplement Vendor Payee Data Record

GenAI Reporting and Factsheet (STD 1000)

California Civil Rights Laws Certification (OBS 1510)

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)

Non-Collusion Affidavit (CDCR 1240)

Public Works Additional Certification Clauses (OBS 1200)

Bidder’s Security Bond

Payment Bond Sample (STD 807)

Invitation for Bid Contract Bid Number C5612641-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 January 21, 2025 Letters of Inquiry Submission Date February 4, 2025 Submission of Bid February 18, 2025 by 11:00AM Public Bid Opening February 19, 2025 at 2:00PM Anticipated Date for Commencement of Services

May 1, 2025

Term End Date of Agreement April 30, 2028

FUNDING

The State’s estimate for this Agreement is $3,000,000.00

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.

Bidder’s security of bid bond, cash, cashier’s check or certified check in the amount of at least 10 percent of the base bid must accompany this proposal. If bid bond is used as security, it is to be executed on the appropriate form attached to this proposal. The bond must be executed by an admitted surety insurer.

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 Public Works Rate Sheet (Exhibit B-1). Bidder shall set forth rates in clear, legible figures in the spaces provided in 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.

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 Public Works Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, a signed copy of all pages of the Contractor Certification Clauses (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.

The subject line of the electronic bid must be titled:

BID FOR C5612641-D, SPRAY ON FIREPROOFING 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: C5612641-D

ATTENTION: Zaryab Durrani

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 Zaryab Durrani, Contracts Management Branch, by E-mail: Zaryab.durrani@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 technology, 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.

GENERAL PREVAILING RATE OF WAGES

In accordance with the provisions of Section 1774 of the California Labor Code, the Contractor and any subcontractors shall conform to the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Copies of the wage rate determinations or any amendments thereto issued by the Director of the Department of Industrial Relations are on file with CDCR.

PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

The California Legislature has imposed a new registration requirement for contractors and subcontractors involved with public works projects. Senate Bill 854, passed in late June 2014, implemented a new registration program to fund the Department of Industrial Relations’ (DIR) monitoring and enforcement of prevailing wage laws.

Pursuant to Labor Code §1771.4, which imposes additional requirements when bidding and awarding public works contracts:

(1) This project is subject to compliance monitoring and enforcement by the DIR.

(2) The Department shall post or require the prime contractor to post job site notices, as prescribed by regulation.

(3) Each contractor and subcontractor shall furnish the records specified in Labor Code §1776 directly to the Labor Commissioner, in the following manner:

(A) At least monthly or more frequently if specified in the contract with the awarding body.

(B) In a format prescribed by the Labor Commissioner.

(4) The Department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements. Contractor shall cooperate with the Department by providing such information as the Department may request to ensure the Contractor’s compliance with this law.

(5) No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

(6) No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

(7) The contractor shall submit proof of registration with DIR to CDCR with bid proposal. The contractor shall be responsible to ensure all subcontractors are registered with DIR.

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, 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

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 including public works, construction, services, leasing, materials testing, and other related contracts. 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.

5) 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.

6) 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

PUBLIC WORKS

SPRAY ON FIREPROFFING SERVICES

CORRECTIONAL CONSTRUCTON MENTORSHIP PROGRAM (CCM)

IFB NUMBER C5612641-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)

_____ Public Works Rate Sheet(s) (Exhibit B-1) – For the bidder’s convenience, Exhibit B-1 is an Excel spreadsheet file. Electronically downloaded bid package includes an Excel spreadsheet file in addition to the PDF version (for additional information, see Exhibit B-1, first paragraph).

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

_____ Proof of registration with the Department of Industrial Relations

_____ Copy of a valid a valid C-2 – Insulation and Acoustical Contractor’s License or a C-33 – Painting and Decorating Contractor's License or a C-35 - Lathing and Plastering Contractor’s License or a B-General Building Contractor license with a Subcontractor who holds one of the required “C” licenses issued by the California Contractors State License Board (CSLB).

_____ Standard Contractor Certification Clauses (CCC 04/2017)

_____ Payee Data Record Form (STD 204)

_____ Payee Data Record Supplement Form (STD 205)

_____ Supplement Vendor Payee Data Record Form

_____ California Civil Rights Laws Certification (OBS 1510)

_____ GenAI Reporting and Factsheet (STD 1000)

_____ Bidder Declaration (GSPD-05-105)

_____ Non-Collusion Affidavit (CDCR 1240)

_____ Public Works Contractor Certification (OBS 1200)

_____ Bidder’s Security Bond (Required for bids $461,000 or more)

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

_____ STD 843 DVBE Declarations (if applicable)

_____ DVBE Bid Incentive Request and Subcontractor Request (OBS 554) (if applicable)

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

_____ Copy of Automobile Insurance Certificate, Workers’ Compensation Certificate, and Commercial

General Liability Insurance Certificate.

_____ Payment Bond is required after the Agreement is awarded. Refer to Exhibit D, Special Terms and

Conditions for Public Works, Item 4.3. Bonds.

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

SAMPLE

2. The term of this Agreement is:

TBB Bid Number C5612641-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

SPRAY ON FIREPROOFING SERVICES

CORRECTIONAL CONSTRUCTION MENTORSHIP PROGRAM (CCM)

1. INTRODUCTION

The Contractor shall provide Spray on Fireproofing Services on an “as-needed” basis and shall be compensated for the services in accordance with the service rates listed on Exhibit B-1, Public Works Rate Sheet. The Contractor shall include all labor, inspection, permits, licenses, insurance, bonds, transportation, travel, per diem and every other expense necessary to provide services for the California Department of Corrections and Rehabilitation (CDCR), Correctional Construction Mentorship Program (CCM) at Pleasant Valley State Prison (PVSP), 24863 West Jane Avenue, Coalinga, CA 93210.

2. CONTRACTOR RESPONSIBILITIES

The Contractor shall install CAFCO BLAZE-SHIELD Spray-on Fire Resistive Material (SFRM) patching and repair to various buildings on an “as-needed” basis. The CCM Site Supervisor will coordinate a preliminary site inspection with the Contractor at each location to verify the patching and/or repairs required, determine a work plan, and determine the accessibility of the areas where fireproofing application will take place.

The Contractor shall provide manufacturer licensed applicators and all fireproofing materials necessary for a complete, all-inclusive applied SFRM that meets or exceeds CDCR and State Fire Marshal (SFM) requirements.

The SFRM shall be applied to the structural steel roof members, precast concrete steel connections, roof pan decking and structural steel columns as needed to restore original SFRM design.

The fireproofing shall be applied (one half inch to one and seven-eighth inches in thickness) ½” to 1-7/8” thickness. Fireproofing thicknesses as shown on the plans are required by listed U.L.

Designs based on a minimum beam weight and beam perimeter (W/D ratio). The Contractor shall adjust fireproofing thickness on beams and columns with a lighter W/D ratio than the beams in the individual U.L. Designs as required per California Building Code. The Contractor shall submit the required thicknesses for each beam or column size, if required.

The Contractor shall protect all adjacent surfaces and equipment from damage by overspray and fallout. Prior to leaving premises, the Contractor shall remove debris and clean-up all worksite areas.

3. CCM RESPONSIBILITIES

CCM will:

Provide power, water, and a clean work area.

Coordinate between the Contractor, the Institution, and other trades for work and system testing, as required.

Contact an outside special inspector for testing and inspection of applied fireproofing that was completed by the Contractor.

4. PHASES OF WORK

Phase 1: Work Scope Assessment

Prior to services being provided at the Institution, a preliminary site walk, and inspection will be conducted with the CCM Site Supervisor and Contractor at each building/area to determine scope and execution of work. The preliminary site walk, and inspection may include one or multiple areas per visit.

The accessibility of each building/area will be determined during the preliminary site walk and inspection.

The plans will be provided to the Contractor at the initial site walk.

Phase 2: Work Plan Submission and Approval

Prior to services being performed, the Contractor shall submit a Work Plan/Construction Schedule within 20 calendar days from the notification by the CCM Site Supervisor.

The written Work Plan shall be submitted to:

Pleasant Valley State Prison Attn: Scott Haas Construction Supervisor (CS) II 24863 W. Jayne Ave.

Coalinga, CA 93210

The Work Plan shall be returned to the Contractor within five (5) calendar days approved for use or returned for correction and resubmission. If resubmission is required, the Contractor shall resubmit within ten (10) calendar days.

Phase 3: Application of Spray-On Fireproofing

After approval of the Work Plan, a Notice to Proceed (NTP) will be issued for each area by the CCM Site Supervisor. Work will begin within five (5) calendar days from issuance of the NTP and will be completed within the duration submitted on the approved Work Plan.

5. LICENSE REQUIREMENTS

The Contractor must possess a valid C-2 – Insulation and Acoustical Contractor’s License or a C-33 – Painting and Decorating Contractor's License or a C-35 - Lathing and Plastering Contractor’s License or a B-General Building Contractor license with a Subcontractor who holds one of the required “C” licenses issued by the California Contractors State License Board (CSLB).

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

The Contractor shall be paid monthly in arrears for services in accordance with the rate specified on Exhibit B-1 Public Works Rate Sheet, and as approved by the CCM Site Supervisor.

6. WORKING DAYS/HOURS

The Contractor shall provide services Monday through Friday, 6:00 A.M to 2:30 P.M. excluding State holidays, unless otherwise arranged and approved by the CCM Site Supervisor and mutually agreed upon by the Contractor. The CCM Site Supervisor reserves the right to modify the service business hours to accommodate the Institution and departmental needs.

7. LIQUIDATED DAMAGES

Pursuant to Provision Exhibit D, 5.3 Liquidated Damages, liquidated damages are hereby set at $500.00 per day for each day the Contractor fails to complete work past the specified completion date as outlined in this Agreement.

If the Contractor fails to pay liquidated damages, the CDCR may deduct the amount thereof, from any invoice payment due or that may become due, to the Contractor under this Agreement.

8. CDCR CONTACT INFORMATION

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

Invoice/Payment Issues

Facility Planning Construction and Management Debora Torres, CCM Contract Analyst Phone Number: (279) 223-2772 Email: Debora.Torres@cdcr.ca.gov

Performance/Scope of Work Issues Pleasant Valley State Prison Scott Haas, CCM Construction Supervisor II Phone Number: (559) 383-4345 Email: Scott.Haas@cdcr.ca.gov

General Contract Issues Office of Business Services Contract Management Branch Phone Number: (279) 210-3759 Email: M_cdcrobscontracts@cdcr.ca.gov

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

1. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s Itemized 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. There will be no additional compensation for travel, meals, lodging, including, but not limited to, the time involve with entering and exiting the institutions.

b. Invoices shall include the Agreement Number, “Ordered By” name, Project Number (if applicable) and shall be submitted by one of the following:

Monthly in arrears Progress Payments, monthly in arrears Lump Sum Payment, at the completion of services

The Contractor shall submit invoices for services rendered no later than sixty (60) days after performance of services along with any Service Reports that are required per the Scope of Work. If invoices are submitted without a required Service Report, the invoice will be disputed and returned to the Contractor.

c. The Contractor shall 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.

For electronic submission of Correctional Construction Mentorship Program (CCM, formerly the Inmate/Ward Labor Program), invoices, send invoices to: CPPS-IWL-Contract-Invoices@cdcr.ca.gov

For electronic submission of all other FPCM invoices, send invoices to:

FPCM-Contract-Invoices@cdcr.ca.gov

If you are unable to submit invoices electronically, please mail your invoices to the Contract Analyst listed on Exhibit A, Scope of Work, at the address listed below:

California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B P.O. Box 942883 Sacramento, CA 95827

2. 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

California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions for CCM/FPCM Contracts Rev. 12/2023 whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this

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.

3. 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 shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

4. 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.

5. 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.

6. 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.

TBB

Public Works Rate Sheet

Bid Number C5612641-D Exhibit B-1

DESCRIPTION COST PER VISIT X

ESTIMATED NUMBER

OF VISITS

Work Scope Assessment X 20 =

DESCRIPTION

COST PER WORK

PLAN

X

ESTIMATED AMOUNT

OF WORK PLAN

SUBMISSION AND

APPROVAL

Work Plan Submission and…