IFB_SDM-TAP-2024W_Repost_Mar_2024.pdf

“The Council advocates, promotes & implements policies and practices that achieve self-determination, independence, productivity & inclusion in all aspects of community life for Californians with developmental disabilities and their families."

INVITATION FOR BID

Notice to Prospective Bidders

IFB – SDM-TAP Warmline Services

IFB SDM-TAP-2024W

March 8, 2024

You are invited to review and respond to this Invitation for Bid (IFB) for the Supported Decision Making - Technical Assistance Program (SDM-TAP) Warmline Services being offered by the State Council on Developmental Disabilities (SCDD).

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 4/2017) and Contractor Certification Clauses (CCC 4/2017) that may be viewed and downloaded at the following internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the Program Manager listed below.

Bidders are encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submission of bids is the responsibility of the bidder and cannot be overemphasized. Please ensure insurance requirements and, if applicable, prevailing wages are considered in your bid amounts.

In the opinion of the SCDD this IFB is complete and without need of explanation. However, if you have questions regarding this IFB please contact the below listed Program Manager.

Please note that verbal information given will not be binding on the State unless such information is issued in writing as an official addendum to this IFB.

The deadline for bid submission is April 19, 2024, at 12:00 PM PST. Responses to this IFB and any required copies must be submitted to the address below:

Attention: Hannah Dunham, SDM-TAP State Council on Developmental Disabilities

3831 North Freeway Blvd. #125 Sacramento, CA 95834

SDM-TAP Warmline Services

IFB SDM-TAP-2024W; Page 2 of 43

Table of Contents

Section Page

A. BACKGROUND 3

B. PURPOSE AND DESCRIPTION OF SERVICE 3

C. BIDDER MINIMUM REQUIREMENTS

1) Licenses 5

2) Insurance 5

3) References 5

4) Disabled Veteran Business Enterprise (DVBE) Participation 5

D. BID REQUIREMENTS AND INFORMATION

1) Key Action Dates 6

2) Written Questions 6

3) Submission of Bid 7

4) Rejection of Bid Submission 8

5) Errors in Bid Submission 8

6) Evaluation and Selection 9

7) Award and Protest 10

8) Disposition of Bids 11

9) Performance of Service 11

E. PREFERENCE AND INCENTIVE PROGRAMS

1a) Small Business Preference 13 1b) Non-Small Business Subcontractor Preference 13

2) Disabled Veteran Business Enterprise (DVBE) Incentive 14

3) Target Area Contract Preference Act (TACPA) 16

4) Applying Preferences and Incentives 16

IFB ATTACHMENTS

1) Bid Submission Attachment Checklist 17

2) Bid/Bidder Certification Sheet 18

3) Bidder Declaration Sheet 20

4) Payee Data Record 21

5) Bidder References 22

6) Certifications - Darfur Contracting Act 23 6A) Certifications - Iran Contracting Act Certification 25 6B) Certifications –Unruh Civil Rights Act (California Civil Rights Laws Attachment) 26

7) Proof of Insurance 27

8) Cost Sheet 28

9) Sample Standard Agreement (STD 213) and Exhibits 29

IFB SDM-TAP-2024W; Page 3 of 43

A. Background

As mandated by the State of California (CA), the State Council on Developmental Disabilities (SCDD) operates the Supported Decision-Making – Technical Assistance Program (SDM-TAP).

SDM-TAP a statewide resource for people seeking information about SDM with a goal to increase the use of Supported Decision Making (SDM) statewide, especially in underserved communities. It provides support, education, guidance, assistance and training to Californians who wish to use or expand supported decision-making in their professional or personal life. To learn more, please visit the SDM-TAP website: https://scdd.ca.gov/sdm-tap/

SDM-TAP will be administering contracts for a Resource Library (online), Warmline (free, non-emergency phone service), Evaluation, and Branding/Advertising Coordination. SDM-TAP will also be awarding a maximum of 5 grants to expand the understanding and use of SDM by families/individuals or professionals. Each applicant can apply for multiple SDM-TAP contracts and/or grants, but can only receive 1 award. This means each applicant can only be awarded either 1 contract OR 1 grant.

B. Purpose and Description of Services

1) SCDD is looking for a contractor who can create and operate a Warmline assistance center to answer questions and connect users with resources to assist with implementation of SDM.

Inquiries may come from individuals with Intellectual or Developmental Disabilities (I/DD) along with individuals mental health issues, members of the aging population, and others who wish to use SDM. Additionally, inquiries may be received from supporters of those individuals or professionals who are working with those individuals.

2) The Warmline staff will answer questions that are received via phone call and email. The contractor will be responsible for responding to all inquiries in a timely manner (within 1 business day) and would need to be able to work with individuals in their language of choice, either by employing someone who is bilingual or by utilizing a language line. A message or answering service may be used for calls outside of normal business hours if staffing is not available.

3) Contractor should plan to scale services accordingly as SCDD anticipates there will be fewer inquiries at the beginning of the contract. Inquiries will likely increase as the Warmline is advertised and as other SDM-TAP contractors and grantees perform outreach efforts throughout the state.

4) The contractor will provide a first point of contact (Warmline Operator) for basic inquiries, such as requests for forms, materials, or other resources. Due to the potential legal nature of inquiries, it is imperative that Warmline Operators receive training on SDM, how to answer questions without exceeding the limits of their training, and how to utilize escalation protocol.

5) The contractor will establish a protocol to escalate inquiries to SDM subject matter experts (SME) for inquiries outside of training provided by contractor to Warmline Operator. This may include questions regarding implementation and honoring SDM within professional settings.

6) Contractor is responsible for identifying SME(s) qualified to assist with inquires and ensuring professionalism/qualifications in utilizing SDM. Contractor is responsible for compensating SME, if applicable.

IFB SDM-TAP-2024W; Page 4 of 43

7) The anticipated term of the contract will be from June 1, 2024, through July 31, 2025. SCDD reserves the right to extend the contract term for up to 6 months. SCDD shall endeavor to give notice of its intention to extend the contract term at least sixty (60) days before expiration of the contract term.

8) The Bidder’s required services are provided in Attachment 9, Sample Standard Agreement and

Exhibits. The winning Bidder will be required to adhere to all Agreement terms as indicated in Attachment 9, Sample Standard Agreement and Exhibits. Please note that any red font language in the attached sample contract is for informational purpose only and will not appear in the final contract.

9) The Bidder must be advised of Executive Order N-6-22 Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order (EO) N-6-22 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, Bidder represents that it is not a target of Economic Sanctions. Should the State determine Bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Bidder’s bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

C. Bidder Minimum Requirements NOTE: Bidders that do not meet all minimum requirements will be rejected.

The bidder must disclose any current or known potential conflicts of interest regarding the SDM-TAP program or related contracts or grant programs the bidder is currently or may be engaged. SDM-TAP reserves the right to review and deny any bidder should the current bid, and any outstanding bids or contracts by the bidder, create a conflict of interest for SDM-TAP, SCDD, or the bidder. A state officer or employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, or in conflict with, or inimical to his or her duties as a state officer or employee. (Government Code §19990).

1) Licenses:

a. A Bidder must be registered with the State of California, Secretary of State, if required by law.

2) Insurance:

A Bidder must submit current proof of insurance for the following:

a. General Liability

b. Commercial Automobile Insurance

c. Worker’s Compensation

A certificate of insurance (COI) may be provided as proof of insurance. The COI or proof of insurance documents will be named Attachment 7, Proof of Insurance, and be submitted with the bid. Endorsements to insurance policies are not required for bid submission.

Endorsements to insurance policies are only required by the winning Bidder as indicated in Attachment 9, Sample Standard Agreement and Exhibits.

IFB SDM-TAP-2024W; Page 5 of 43

NOTE: Contact your insurance representative to ensure your insurance program satisfies the requirements of the sample contract found in IFB Attachment 9, Exhibit D, Section 9, prior to bidding.

3) References: Bidders must provide three (3) or more references. Required Attachment 5, Bidder References, must be completed and submitted with the bid submission. NOTE:

References to include satisfactory job performance on operations within the last five (5) years that are similar to printing services as required in this solicitation.

4) Pursuant to Public Contract Code section 10115 subdivision (c) and Military and Veterans Code (MVC) section 999.2 subdivision (a), Bidders must meet a Disabled Veteran Business Enterprise (DVBE) participation goal. The required participation for this agreement is 3%.

Bidder must document the required DVBE program participation on Attachment 3, Bidder Declaration (GSPD-05-105).

NOTES:

Multiple DVBEs can be used to fulfill the requirements of this contract. Each DVBE must be listed on Attachment 3 (GSPD-05-105) Pursuant to MVC section 999.5, only a DVBE who performs a Commercially Useful

Function (CUF) relevant to the Scope of Work included in this IFB may qualify the Bidder, or be used to qualify the Bidder, for DVBE participation.

IFB SDM-TAP-2024W; Page 6 of 43

D. Bid Requirements and Information

1) Key Action Dates

Listed below are the important action dates and times by which actions must be taken or completed. If SCDD finds it necessary to change any of these dates, it will be accomplished by addendum to this IFB and will be posted 10 days prior to the due date.

Event Date Time (PT) IFB available to prospective bidders 3/8/2024 Written Question Submission Deadline 3/22/2024 Questions and Answers to be Posted 3/29/2024 Deadline for Final Bid Submission 4/19/2024 12:00 p.m.

Bid Opening 4/19/2024 2:00 p.m.

2) Written Questions

a. Bidders requiring clarification of the intent or content of this IFB, or on procedural matters regarding the competitive procurement process, may request clarification by submitting questions in writing. Bidders must submit questions to the Program Manager listed on the Notice to Prospective Bidders via email with the subject line “Questions Relating to IFB SDM-TAP-2024W Warmline Services”. To ensure a response, questions must be received in writing by the date given for written questions in Key Action Dates (See Section C.1.). Question and Answer Sets will be provided to all Bidders and will be posted as an official Addendum. A Bidder who desires clarification or further information on the content of the IFB, but whose questions relate to a proprietary aspect of that Bidder’s bid submission and if disclosed to other Bidders, would expose that Bidder’s bid, may submit such questions in the same manner as above, marked “CONFIDENTIAL,” not later than the scheduled date specified herein to ensure a response. The Bidder must explain why any questions are of a sensitive nature. If SCDD concurs that the disclosure of the question or answer would expose the proprietary nature of the bid, the question will be answered, and both the question and answer will be kept in confidence during the IFB process. If SCDD does not concur with the explanation of the proprietary aspect of the question(s), the question(s) will not be answered in this manner and the Bidder will be so notified.

b. Requests for Changes to the IFB – If the Bidder believes that one or more of the IFB requirements is onerous, unfair, or imposes unnecessary constraints to the Bidder in proposing less costly or alternate solutions, the Bidder may request a change to the IFB by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. Such requests must be submitted to the Program Manager by the date specified herein for written questions concerning the IFB. Such changes will be made at the sole option of SCDD. If SCDD determines that any requested change is in the best interest of the State, all Bidders will be notified of the change in the form of an Addendum to this IFB.

c. If a Bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this

IFB, the Bidder will immediately notify SCDD of such error(s) in writing and request clarification or modification of the document. If a Bidder fails to notify SCDD, prior to the Deadline for Final Bid Submission, of an error known to the Bidder, or an error that reasonably should have been known, the Bidder will bid at their own risk, and if awarded

IFB SDM-TAP-2024W; Page 7 of 43 the contract, will not be entitled to additional compensation or time by reason of the error or its later correction.

3) Submission of Bid

a. The bid submission is a mandatory step for all Bidders. Bidders are strongly encouraged to carefully read the entire solicitation prior to a submission of bid. The need to verify all documentation and responses prior to the submission of the bid cannot be overemphasized.

b. Bids must be mailed to:

Attention: Hannah Dunham, SDM-TAP

State Council on Developmental Disabilities

c. Bidders may contact ONLY the individual identified above and shall not contact other SCDD personnel for meetings, conferences or technical discussion related to this IFB.

No questions may be answered by other SCDD staff. If Bidders are discovered to have contacted other SCDD personnel, SCDD may reject their proposal.

d. The bid submission must be complete in all respects as described in this IFB. A bid submission may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A bid submission will be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements.

e. If the Bidder believes that they will be providing SCDD with proprietary or confidential information as part of their bid, those aspects must be discussed with SCDD in the form of a Confidential Written Question not later than the scheduled key action date specified for Written Questions Submission Deadline to ensure a response. Please refer to Section C.2. Written Questions. SCDD will determine whether the Bidder may protect that information in their bid submission as proprietary or confidential. NOTE: Pricing, reports, terms and conditions would not be considered proprietary or confidential.

f. A completed bid package must consist of all items identified in the Attachment 1, Bid

Submission Attachment Checklist, including Attachment 1. Documents must be submitted in the order listed in Attachment 1, Bid Submission Attachment Checklist. A bid submission not including all required attachments will be deemed non-responsive.

A non-responsive bid is one that does not meet the basic bid requirements and is considered a material deviation which is cause for rejection.

g. An individual who is authorized to bind the bidding firm contractually will sign

Attachment 2, Bid/Bidder Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. The “Bid/Bidder Certification Sheet” must be submitted with bid submission/package.

h. Bids and related documents must be completed in ink, typewritten or electronically prepared. No erasures or “white out” are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent to the error. The person signing Attachment 2, Bid/Bidder Certification Sheet, must initial corrections, in ink.

IFB SDM-TAP-2024W; Page 8 of 43

i. The bid submission implies no obligation on the part of SCDD to purchase or contract for services.

4) Rejection of Bid Submissions

a. A bid submission not received by the date and time specified in Section C.1. Key

Action Dates will be rejected.

b. The bid submission must not contain false or misleading statements, or provide contradictory attributes or conditions claimed by the Bidder. If, in the opinion of SCDD, such information was intended to mislead SCDD in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid submission.

c. Deviations in the bid submission, whether or not intentional, may cause the bid submission to be non-responsive and not considered for award.

d. Any material submitted by any Bidder in the final bid submission that is marked “CONFIDENTIAL” or “PROPRIETARY” will cause the entire bid submission to be deemed non-responsive and rejected.

e. The State does not accept alternate contract language from a prospective contractor.

A bid submission with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

f. SCDD is not required to award a contract. SCDD reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received and to accept all or any portion of a bid, if deemed in the best interest of the State and not contrary to law. SCDD’s waiver of any immaterial deviation or defect will in no way modify the IFB documents or excuse the contractor from full compliance with the IFB specification, if awarded the contract.

5) Errors in the Bid Submission

a. The Bidder is cautioned to not rely on SCDD during the evaluation to discover and report to the Bidder any defects and errors in the submitted documents. The Bidder, before providing a bid submission, should carefully proof their documents for errors and adherence to the IFB requirements.

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

c. The Bidder may withdraw a bid by submitting a written withdrawal request to SCDD, signed by the Bidder or an authorized agent. A Bidder may thereafter submit a new bid prior to the final bid submission deadline. Bids may not be withdrawn without cause subsequent to final bid submission deadline.

d. SCDD may modify the IFB prior to the key action date for submission of bids by posting an Addendum on the CSCR website, located at the following address:

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

IFB SDM-TAP-2024W; Page 9 of 43

e. SCDD reserves the right to reject any/all bid submissions. SCDD is not required to award an agreement.

6) Evaluation and Selection

a. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

b. At SCDD’s option prior to award, bidders may be required to submit additional written clarifying information. However, the answers cannot change or alter the bid submission.

Should a discrepancy exist between the answer provided and the bid submission, the bid submission will be considered correct. Failure to submit the requested written information as specified may be grounds for bid rejection.

c. SCDD verify and evaluate the bid submissions as described in the IFB to identify the lowest responsive responsible bidder. The further review may also include, but is not limited to:

i. Cost Sheet calculations have been verified;

ii. SB Preferences have been evaluated, confirmed and calculated;

iii. DVBE Participation Requirement and Incentives have been evaluated, confirmed and calculated;

iv. Darfur certification has been evaluated;

v. Iran certification has been evaluated;

vi. California Civil Rights Attachment has been evaluated;

vii. Largest tax delinquents eligibility confirmed;

viii. Corporate standing has been verified with State of California, Secretary of State;

ix. Review of Russia Sanctions, pursuant to EO N-6-22;

x. Validation of References

xi. Department of Industrial Relations (DIR) registration;

xii. Commercially Useful Function (CUF) analysis

d. During further review, if any of the required documents are missing, SCDD may reject the bid submission as non-responsive. If any of the required documents are incomplete, SCDD may reject the bid submission as non-responsive. If any of the required documents have been modified or contain alterations, SCDD may reject the bid submission as non-responsive.

e. The Bidder will need to complete the Cost Sheet including the calculations in the table(s) provided in IFB Attachment 8, Cost Sheet.

f. The Total Calculated Amount identified in the cost sheet summary will become the Net

Bid Amount. The Net Bid Amount will be used to determine the lowest responsive responsible bidder to apply preference and incentives, as applicable, in a Final Bid Tabulation.

IFB SDM-TAP-2024W; Page 10 of 43

Sample Final Bid Tabulation:

Bidder A B C Responsive & Responsible?

Small Business (SB)

NET BID AMOUNT

Initial Ranking SB Preference Amount Subtotal Ranking after SB Preferences DVBE Incentive Percentage DVBE Incentive Amount Evaluated Bid Subtotal - 1 Ranking after DVBE Incentives Evaluated Bid Subtotal - 2 Final Ranking

g. SCDD will determine the validity of references, DIR registration, and signatory authority of winning bidder prior to awarding contract or posting Notice of Intent to Award.

SCDD’s determination of a bid being responsive and responsible will be final.

h. Nothing in this section will require the awarding of the contract if no bids are received offering a contract price that, in the opinion of SCDD, is a reasonable price.

7) Award and Protest

a. Contract award, if made, will be awarded to the Bidder whose bid has the lowest responsive responsible submission.

i. In the event of a tie, representatives of -SCDD will flip a coin to determine the winning bidder. The coin flip will be witnessed and documented by two (2) or more SCDD employees. An SCDD designee will make the call on the coin toss.

b. Whenever an Agreement is awarded under a procedure that provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be given notice five (5) working days prior to the award of the Agreement by email.

c. Upon written request by any bidder, a Notice of Intent (NOI) to Award will be posted on SCDD webpage five (5) working days before the award of the contract, if required by law. NOIs will be posted on the SDM-TAP homepage: https://scdd.ca.gov/sdm-tap/

d. Any bidder wishing to protest the award must file an initial protest to DGS, Office of

Legal Services (OLS) and SCDD, prior to the award of the agreement. When a protest has been submitted, the agreement will not be awarded until either the protest has been withdrawn or DGS/OLS has decided the matter. The written protest must be sent to the addresses below:

Department of General Services, Office of Legal Services (OLS), Attention: Bid Protest Coordinator;

707 Third Street, 7th Floor, Suite 7-330;

West Sacramento, CA 95605;

Email Address: OLSProtests@dgs.ca.gov.

IFB SDM-TAP-2024W; Page 11 of 43

Bid Protest Attention: Ken Da Rosa

3831 N. Freeway Blvd. #125

Email Address: ken.darosa@scdd.ca.gov

e. Within five (5) days after filing the notice of protest, the Protestant will file with DGS a full and complete detailed written statement specifying the grounds for the protest. The notice of protest and the full and complete detailed written statement must be sent to the same addresses above.

f. Both the initial protest letter and detailed written statement must include the IFB number and information identifying SCDD as the contracting agency and SCDD contact information.

g. SCDD and OLS will accept protests via mail, email, courier, or personal delivery; the preference is via email. Protestants should include their email address and advise SCDD and the DGS Bid Protest Coordinator if they will accept service of documents pertaining to the protest via email.

8) Disposition of Bids

a. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 7920 et. Seq).) and subject to review by the public.

b. If the solicitation is cancelled prior to award, SCDD will offer to return the bid at Bidder’s expense. A Bidder may request that SCDD destroy the bid, rather than pay for its return.

9) Performance of Service

a. Upon award of contract, the winning Bidder must provide a COI within ten (10) working days from award of contract. This COI will identify the required insurance as indicated in Attachment 9, Standard Sample Agreement, Exhibit D, Item 9, Insurance Requirement and will provide the required insurance endorsements as indicated in Attachment 9, Standard Sample Agreement, in Exhibit D, Item 9, Insurance.

b. Upon award of the contract, the winning Bidder agrees to sign the contract on the State’s Standard Agreement (STD 213), with Exhibits. The STD 213 (See sample contract agreement provided in Attachment 9, must be signed by an individual authorized to bind the firm contractually.

c. Upon award of the contract, the winning bidder must provide a Payee Data Record STD

204 for each subcontractor listed on Attachment 3, Bidder Declaration (GSPD-05-105), within ten (10) working days.

d. Upon award of the contract, the winning bidder may need to provide a DGS PD 843

Disabled Veteran Business Enterprise Declarations form if the contractor is a DVBE and

IFB SDM-TAP-2024W; Page 12 of 43 for all DVBE subcontractors identified on Attachment 3, Bidder Declaration (GSPD-05-

105) within ten (10) working days. If you do not have Internet access, a hard copy can be provided by contacting the SCDD Contract Manager listed on the Notice to Prospective Bidders of the IFB. Otherwise, the DGS PD 843 is available at the following link: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

E. Preference and Incentive Programs

Preference and Incentive Programs are each identified below. When the Bidder satisfies the requirements and requests bid preferences and incentives, the Bidder must clearly identify in their bid submission for which of the programs it qualifies. Denial of those preference or incentive requests is not a basis for rejection of the bid.

1) Small Business Preference:

California Government Code (GC) section 14835, et seq., requires a five percent (5%) preference be given to Bidders who qualify as a California Certified Small Business (SB). The rules and regulations of this law, including the definition of a SB for the delivery of goods and services, are contained in California Code of Regulations, title 2, section 1896 et seq.

a. A preference is available to a certified SB. A Bidder claiming this preference must be certified by the Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a SB. Questions regarding certification should be directed to the OSDS at

(916) 375-4940.

To be considered as a certified SB, the Bidder must have a complete application package on file with the OSDS by 5:00 p.m. on the Deadline for Final Bid Submission date. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small- Business-Disabled-Veteran-Business-Enterprise

To claim the Small Business Preference please see Attachment 3, Bidder Declaration

(GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may qualify the Bidder for a SB preference. A business that is performing a commercially useful function is one that does ALL of the following:

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

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

iii. Performs work that is normal for its business, services and function;

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

v. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

IFB SDM-TAP-2024W; Page 13 of 43

b. Non-Small Business Subcontractor Preference:

A preference is available to a non-small business (NS) claiming 25% California-certified small business subcontractor participation. A Bidder claiming this preference must list one or more SB subcontractor(s), whom the Bidder commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract.

To claim the Non-Small Business Subcontractor Preference please see Attachment 3, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may be used to qualify the Bidder for the Non-Small Business Subcontractor Preference. A business that is performing a commercially useful function is one that does ALL of the following:

involved;

iii. Performs work that is normal for its business, services and function;

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

v. Is responsible, with respect to products, inventories, materials, and supplies

2) Disabled Veteran Business Enterprise Requirement and Incentive:

There is a three percent (3%) DVBE participation minimum requirement for this contract.

Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to Bidders who provide additional (more than the minimum requirement of 3%) DVBE participation on the contract.

The DVBE Incentive is as follows:

Confirmed DVBE Participation Incentive 7% and above 5% 6% to 6.99% 4% 5% to 5.99% 3% 4% to 4.99% 2%

3.01% to 3.99% 1% 0% -3% No incentive – minimum

3% participation required

A Bidder is eligible to receive this additional DVBE incentive if they are a certified DVBE or if a non DVBE Bidder commits to use a certified DVBE(s) as subcontractor(s).

a. Certified DVBE Bidder additional incentive considerations:

i. Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-

105).

IFB SDM-TAP-2024W; Page 14 of 43

ii. At the State’s option a DVBE Bidder working in combination with other DVBE(s) will submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105). When requested, the written confirmation must be submitted via email within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.

b. Non-DVBE Bidder additional incentive considerations:

i. Commit to using certified DVBE(s) for more than 3% of the bid value.

ii. Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-

105).

iii. At the State’s option prior to contract award, a Bidder is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105). The IFB Acquisitions Analyst named in the solicitation may contact each listed DVBE, by mail, email, fax or telephone, for verification of the Bidder’s submitted DVBE information. When requested, the document(s) must be submitted to the address specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.

c. Locating DVBE Subcontractors

i. State Resources: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at: www.caleprocure.ca.gov

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

ii. Local Resources: For a list of local DVBE organizations:

https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Referral- Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE2

64BE

NOTE: Pursuant to Military and Veterans Code section 999.5, only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may qualify the Bidder or be used to qualify the Bidder for a DVBE participation and/or DVBE incentive. A business that is performing a commercially useful function is one that does ALL of the following:

involved;

iii. Performs work that is normal for its business, services and function;

IFB SDM-TAP-2024W; Page 15 of 43

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

v. Is responsible, with respect to products, inventories, materials, and supplies

3) TACPA Preference: Pursuant to Government Code (GC) commencing with Section 4530, the

Target Area Contract Preference Act (TACPA) preference applies for bids in excess of $100,000 and in which the worksite is not fixed by the provisions of the contract. Bidders wishing to take advantage of this preference will need to review the following website and submit the appropriate TACPA request documentation with the bid:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Request-a-Target-Area-Contract-Preference.

4) Applying Preference and Incentives

Preferences and incentives are used for bid tabulation purposes to determine the lowest responsive responsible bid. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting contract. Please be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance to statutory, regulatory and contractual requirements.

The SB preference of 5% will be applied when a responsible bidder that is not a CA certified SB submits the lowest responsive bid. NS will receive a 5% preference if the lowest responsive bid is not a SB. (Note: NS claiming SB subcontractor preference cannot displace an award from a certified SB.)

The DVBE incentive will be applied to each qualified bidder’s verified DVBE participation percentage from the number 1 ranked responsive and responsible net bid, regardless if the number 1 bidder is an SB/DVBE. If a SB is ranked number 1 after SB preference has been applied, the DVBE incentive is only calculated for bidders certified as SBs.

IFB SDM-TAP-2024W; Page 16 of 43

Sample bid tabulation with TACPA:

Bidder A B C Responsive & Responsible? Yes Yes Yes Small Business SB NS No

NET BID AMOUNT $110,100.00 $109,500.00 $107,300.00

Initial Ranking 3 2 1 SB Preference Amount $5,365.00 $5,365.00 none Subtotal $104,735.00 $104,135.00 $107,300.00 Ranking after SB Preferences 2 1 3 DVBE Incentive 2% None 3% DVBE Incentive Amount $2,146.00 $3,219.00 Evaluated Bid Subtotal - 1 $102,589.00 $104,135.00 $104,081.00 Ranking after DVBE Incentive 1 3 2 TACPA Worksite $3,997.00 $3,997.00 None

TACPA Workforce None $1,599.00 None

Evaluated Bid Subtotal - 2 $98,592.00 $98,539.00 $104,081.00

Ranking after TACPA Preferences

2 1 3

IFB SDM-TAP-2024W; Page 17 of 43

ATTACHMENT 1

BID SUBMISSION ATTACHMENT CHECKLIST

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

Attachment Required Attachment Name/Description

_____ Attachment 1 YES Bid Submission Attachment Checklist

_____ Attachment 2 YES Bid/Bidder Certification Sheet

_____ Attachment 3 YES Bidder Declaration

_____ Attachment 4 YES Payee Data Record

_____ Attachment 5 YES Bidder References

_____ Attachment 6 YES Certifications - Darfur Contracting Act

_____ Attachment 6A YES Certifications - Iran Contracting Act

_____ Attachment 6B YES Certifications – Unruh Civil Rights Act (California Civil Rights Laws Attachment)

_____ Attachment 7 YES Proof of Insurance

_____ Attachment 8 YES Cost Sheet

_____ Attachment 10 Yes Contractor Certification Clauses (CCC 04/2017)

The following attachment is included in the IFB as reference only and should not be included in the bid submission.

_N/A_ Attachment 9 NO Sample Standard Agreement (STD 213) and Exhibits

IFB SDM-TAP-2024W; Page 18 of 43

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

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

A. Our all-inclusive bid is submitted as identified on IFB Attachment 1, Bid Submission

Attachment Checklist.

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

C. I have read and understand the DVBE participation requirements.

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

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Rejection

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

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

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

a. California Small Business Yes No

If yes, enter certification number:

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

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

Date application was submitted to OSDS, if an application is pending:

IFB SDM-TAP-2024W; Page 19 of 43

Completion Instructions for Bid/Bidder Certification Sheet

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

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation.

The sole proprietor is solely liable for all the debts of the business.

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

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

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

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

10, 11, 12, 13

Must be completed. These items are self-explanatory.

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

IFB SDM-TAP-2024W; Page 20 of 43

ATTACHMENT 3

BIDDER DECLARATION

A Bidder must complete the Bidder Declaration form GSPD-05-105, located at the following internet site: http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

If you do not have Internet access, a hard copy can be provided by contacting the Contract Manager listed on the Notice to Prospective Bidders.

When completing the declaration, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution.

The completed Bidder Declaration GSPD-05-105 must be included in the bid submission, as Attachment 3.

IFB SDM-TAP-2024W; Page 21 of 43

ATTACHMENT 4

PAYEE DATA RECORD

A Bidder must complete the Payee Data Record form STD 204, located at the following internet site:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

If you do not have Internet access, a hard copy can be provided by contacting the Acquisition Analyst listed on the Notice to Prospective Bidders.

The completed Payee Data Record STD 204 must be included in the bid submission, as Attachment 4.

IFB SDM-TAP-2024W; Page 22 of 43

ATTACHMENT 5

BIDDER REFERENCES

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

References to include satisfactory job performance on operations by the Bidder within the last five (5) years that are similar in scope and type of work required in this solicitation.

REFERENCE 1

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 2

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code

Contact Person Telephone Number

IFB SDM-TAP-2024W; Page 23 of 43

ATTACHMENT 6

DARFUR CONTRACTING ACT

Bidder must complete and submit the Darfur Contracting Act Certification with their bid submission as Attachment 6.

Effective January 1, 2009, a company will not bid on or submit a proposal for a contract for goods or services without addressing the requirements of the Darfur Contracting Act of 2008 (Act). The Act was passed to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part). Understand that a scrutinized company is a company doing business in Sudan as defined in Public Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services unless it has been granted permission by the Department of General Services. (Pub. Contract Code § 10477, subd. (a)). The Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a State agency for goods or services, if it is in the best interest of the State.

Public Contract Code Sections 10475-10481, applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States.

For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either:

1. A contractor that has NOT had business activities or other operations outside of the United States within the previous three (3) years;

or

2. A contractor that has had business activities or other operations outside of the United States within the previous three (3) years, but is NOT a scrutinized company per Public Contract Code section 10476;

or

3. A contractor that is a scrutinized company as defined in Public Contract Code section 10476, but has received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477, subdivision (b).

IFB SDM-TAP-2024W; Page 24 of 43

Darfur Contracting Act Certification

1. I, the official named below who is authorized to legally bind the bid submission, Certify under

Penalty of Perjury that the contractor listed below has NOT had, within the previous three (3) years, business activities or other operations outside of the United States.

Contractor/ Company Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

OR

2. I, the official named below who is authorized to legally bind the bid submission, Certify Under Penalty of Perjury that the contractor listed below has had, within the previous three (3) years, business activities or other operations outside of the United States, but is NOT a scrutinized company per Public Contract Code section 10476. This certification is made under the laws of the State of California.

Date Executed Executed in the County and State of

3. We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to public Contract Code section 10477, subdivision (b). A copy of the written permission from DGS is included with our bid submission.

IFB SDM-TAP-2024W; Page 25 of 43

ATTACHMENT 6A

Iran Contracting Act Certification

1. CERTIFICATION:

I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Vendor Name/Financial Institution Name (Printed)

Date Executed Executed in the County and State of

2. EXEMPTION:

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/ Financial Institution Name (Printed)

Printed Name and Title of Person Signing Date

IFB SDM-TAP-2024W; Page 26 of 43

ATTACHMENT 6B

CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

OFFICE OF LEGAL SERVICES

DGS OLS 04 (Rev. 01/17)

Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or above shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of the following:

1. CALIFORNIA…