IFB_Template_24-0189-IFB_-_Revised_10-07-2024.pdf

CALIFORNIA DEPARTMENT OF JUSTICE

Office of the Attorney General Division of Operations Contracts and Purchasing Unit 1300 I Street, Suite 820 Sacramento, California 95814

Tuesday, October 15, 2024

Invitation for Bid Number 24-0189-IFB

Notice to Prospective Bidders

The California Department of Justice (DOJ) invites prospective bidders to review and respond to the attached Invitation for Bid (IFB) Number 24-0189-IFB entitled, “DOJ – Division of Medi-Cal Fraud and Elder Abuse (DMFEA) – Background Investigation”. When preparing and submitting a bid, compliance with the instructions found herein is imperative.

All agreements entered into with the State of California shall include, by reference, General Terms and Conditions (GTC 04/2017) that may be viewed and downloaded at the following site:

https://www.dgs.ca.gov/OLS/Resources. If any prospective bidder lacks Internet access, a hard copy of these items can be obtained by contacting Andrew McDuffie at Andrew.McDuffie@doj.ca.gov or (916) 210-6126.

If a discrepancy occurs between the information in the advertisement appearing in the California Department of General Services, Cal eProcure website and the information herein, the information in this notice and in the attached IFB shall take precedence.

I. Bid Due Date

Regardless of postmark or method of delivery, the California Department of Justice, Contracts and Purchasing Unit must receive bid packages no later than 3:00 p.m. PST on Tuesday, November 05, 2024. For detailed submission instructions, see section L of this IFB, entitled “Submission of Bids”.

II. Disabled Veteran Business Enterprise (DVBE) Participation Requirements

The DVBE participation requirement has been waived for this solicitation. Bidders who provide DVBE participation are eligible to receive a DVBE Incentive. For more information regarding this option, see Section O of this IFB, entitled “Preference and Incentive Programs”. If you have questions, please contact the DOJ, SB/DVBE Advocate at Advocate@doj.ca.gov or (916) 210-6531.

If you go above the requirement and subcontract for 3.25 % or more of the total dollar amount of the agreement resulting from this IFB, you may be eligible to receive a DVBE Incentive. For more information regarding this option, see section O of this IFB, entitled “Preference and Incentive Programs”.

https://www.dgs.ca.gov/OLS/Resources mailto:Advocate@doj.ca.gov

Prospective Bidders

III. Funding Limit

The proposed agreement is valid and enforceable only if sufficient funds are made available by the Budget Act of the appropriate fiscal year for the purpose(s) of the agreement.

In addition, the proposed agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature, which may affect the provisions, terms, or funding of the agreement in any manner. If full funding does not become available, the DOJ will either cancel the resulting agreement or amend it to reflect reduced funding and reduced activities.

IV. Bidder Questions

In the opinion of the DOJ, this Invitation for Bid is complete and without need of explanation.

However, if questions arise or there is a need to obtain clarifying information, put all inquiries in writing and route them to the DOJ following the instructions set forth in section D of this IFB, entitled “Bidder Questions”.

V. Executive Order N-6-22 Economic Sanctions Against Russia

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. The EO directs State agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of the agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Thank you for your interest in the service needs of the California Department of Justice.

Sincerely, Andrew McDuffie Associate Governmental Program Analyst

Enclosures

Invitation for Bid 24-0189-IFB

DOJ – Division of Medi-Cal Fraud and Elder Abuse (DMFEA) – Background Investigation

California Department of Justice

Division of Operations Contracts and Purchasing Unit

1300 I Street, Suite 820

DOJ – Division of Medi-Cal Fraud and Elder Abuse (DMFEA) Background Investigation 24-0189-IFB

Page i

Table of Contents

A. Purpose and Description of Services

B. Time Schedule

C. Agreement Term

D. Bidder Questions

1. What to include in an inquiry

2. Question deadline

3. How to submit questions

4. Verbal questions

E. Pre-Bid Conference/Walkthrough

F. License/Permits/Insurance Papers

G. Statement of Work

H. Failure to Perform

I. Other Damages

J. Qualification Requirements

K. Bid Format and Content Requirements

1. General instructions

2. Bid format requirements

3. Bid content requirements

4. Required attachments/documentation

L. Submission of Bids

1. Submission instructions

2. Proof of timely receipt

3. Bidder costs

M. Bid Opening

N. Bid Requirements and Information

1. Non-responsive bids

2. Bid modifications after submission

3. Bid mistakes

4. Withdrawal and/or resubmission of bids

a. Withdrawal deadline

b. Submitting a withdrawal request

c. Resubmitting a bid package

5. Evaluation and selection

b. Bid package review

Page ii

c. Notice of Intent to Award

6. Agreement award and protests

a. Agreement award

b. Settlement of tie bids

c. Protests

1) Who can protest

2) Grounds for protests

3) Protest time lines

4) Submitting a protest

7. Disposition of bids

8. Inspecting or obtaining copies of bids

a. Who can inspect or copy bid materials

b. What can be inspected/copied and when

c. Inspecting or obtaining copies of bid materials

9. Verification of bidder information

10. DOJ rights

a. IFB corrections

b. Collecting information from bidders

c. Immaterial bid defects

d. Correction of clerical or mathematical errors

e. Right to remedy errors

f. No Agreement award or IFB cancellation

g. Agreement amendments after award

O. Preference and Incentive Programs

1. Small/Micro Business Preference (preference not to exceed $50,000)

2. Non-Small Business Subcontractor Preference (preference not to exceed $50,000)

3. Disabled Veteran Business Enterprise (DVBE) Incentive

4. Nonprofit Veteran Service Agency (NVSA) Small business Preference (preference not to exceed $50,000)

5. Other Preference Programs

P. Agreement Terms and Conditions

1. Sample Agreement Forms & Exhibits

2. Unanticipated tasks

3. Resolution of differences between IFB and agreement language

Q. Generative Artificial Intelligence (GenAI)

Required Attachments

Page iii

Attachment # Attachment Name

Attachment 1 Bid Form

Attachment 2 Required Attachment/Certification Checklist

Attachment 3 Bid Evaluation Form (For DOJ Use Only)

Attachment 4 Client References

Attachment 5 CCC 04/2017– Contractor Certification Clauses

Attachment 6 Darfur Contracting Act Certification (DGS PD 1)

Attachment 7 STD. 204 - Payee Data Record

Attachment 8 Conflict of Interest & Confidentiality Statement - Vendor

Attachment 9

Attachment 9a

California Disabled Veteran Business Enterprise (DVBE) - Bid Incentive Instructions and Resources and Information

STD 843 – Disabled Veteran Business Enterprise Declarations

Attachment 10

Attachment 10a

Non-Small Business Subcontractor Preference Instructions

Small Business Subcontractor/Supplier Acknowledgement

Attachment 11 GSPD-05-105 - Bidder Declaration and Bidder Instructions

Attachment 12

Attachment 13

DGS OLS 04 - California Civil Rights Laws Attachment

Iran Contracting Act

Page iv

Sample Agreement Forms/Exhibits

Form/Exhibit Title Form/Exhibit Name

STD. 213 Standard Agreement

Exhibit A Statement of Work

Exhibit B Budget Detail and Payment Provisions

Exhibit C General Terms and Conditions. View or download at this Internet site:

https://www.dgs.ca.gov/ols/Resources

Exhibit D Special Terms and Conditions

Exhibit E Additional Provisions https://www.dgs.ca.gov/ols/Resources

A. Purpose and Description of Services

The California Department of Justice (DOJ) is soliciting bids from firms that are able to provide Background Investigation for the DOJ, Division of Medi-Cal Fraud and Elder Abuse (DMFEA).. Bids must address all of the services described in section G of this Invitation for Bid (IFB), entitled “Statement of Work”, including those terms in the referenced exhibits.

The DOJ intends to make a single agreement award to the responsive and responsible firm offering the lowest bid. This IFB is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Time Schedule

Below is the tentative time schedule for this IFB:

C. Agreement Term

The term of the resulting agreement is expected to be for two and a half (2.5) years and is anticipated to be effective from Wednesday, January 01, 2025 through Wednesday, June 30, 2027, with the option to extend the term at the discretion of the DOJ and upon approval, if required, from the California Department of General Services (DGS). The agreement term may change if the DOJ makes an award earlier than expected or if the DOJ cannot execute the agreement by the anticipated start date due to unforeseen delays. The DOJ reserves the right to extend the term of the resulting agreement as necessary to complete the services needed by the DOJ. Agreement extensions are subject to satisfactory performance by the Contractor, funding availability, and possibly approval by the DGS.

The resulting agreement will be of no force or effect until it is signed by both parties and approved by the DGS, if required. The successful bidder is hereby advised not to commence performance until all approvals have been obtained. If performance commences before all approvals are obtained, said services may be considered to have been volunteered.

Event Date Time (If applicable)

IFB Released

Tuesday, October 15, 2024

Pre-Bid Conference (Optional) N/A

Walk Through (Optional) N/A

Questions Due Tuesday, October 29, 2024 3:00 P.M. PST

Bid Due Date Tuesday, November 05, 2024 3:00 P.M. PST

Bid Opening Wednesday, November 06, 2024 10:00 A.M. PST

Proposed Start Date of Agreement Wednesday, January 01, 2025

D. Bidder Questions

Bidders shall immediately notify the DOJ if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions, or requirements.

All inquiries must be in writing and submitted to the DOJ via electronic mail no later than the date and time stated in section B of this IFB, entitled “Time Schedule”. At its discretion, the DOJ reserves the right to contact an inquirer to seek clarification of any inquiry received.

Bidders that fail to report a known or suspected problem with this IFB and/or any accompanying materials, or fail to seek clarification and/or correction of this IFB and/or any accompanying materials, shall submit a bid at their own risk. In addition, if awarded the agreement, the successful bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error.

If an inquiry appears to be unique to a single firm or is marked “Confidential,” the DOJ will email a response only to the inquirer if the DOJ concurs with the bidder’s claim that the inquiry is sensitive or proprietary in nature. If the DOJ does not concur, the inquiry will be answered in the manner described herein and the bidder will be so notified. Inquiries and/or responses that the DOJ agrees should be held in confidence shall be held in confidence only until the Notice of Intent to Award is posted.

1. What to include in an inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, email address, area code and telephone number.

b. A description of the subject or issue in question or discrepancy found.

c. IFB section, page number or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any. A bidder that desires clarification about specific IFB requirements and/or whose inquiry relates to sensitive issues or proprietary aspects of a bid may submit individual questions that are marked “Confidential". The bidder must include with its inquiry an explanation as to why it believes questions marked “Confidential” are sensitive or surround a proprietary issue.

2. Question deadline

Submit questions and inquiries no later than the date and time (Tuesday, October 29, 2024, 3:00 p.m. PST), as stated in section B of this IFB, entitled “Time Schedule”.

Questions received after the due date and time will not be considered.

The DOJ will accept questions and inquiries about the following issues up to the bid due date:

a. DVBE participation.

b. How to complete DVBE attachments.

c. The reporting of IFB errors or irregularities.

3. How to submit questions

Please submit questions and inquiries regarding 24-0189-IFB to Andrew McDuffie at Andrew.McDuffie@doj.ca.gov.

Note: Please type “Questions 24-0189-IFB” in subject line of email.

4. Verbal questions

The DOJ reserves the right not to accept or respond to verbal questions and inquiries. Verbal remarks provided in response to verbal questions and inquiries are unofficial and are not binding on the DOJ unless later confirmed in writing. Any additional requirements shall be issued in the form of an addendum to all potential bidders.

Direct all verbal requests for DVBE assistance to the DOJ, SB/DVBE Advocate at Advocate@doj.ca.gov or (916) 210-6531 up to the bid due date.

E. Pre-Bid Conference/Walkthrough

The DOJ will not hold a Enter Pre-Bid Conference or Walkthrough for this IFB.

F. License/Permits/Insurance Papers

1. Contractor shall have and submit copies with IFB all applicable certificates of insurance, permit, licenses and other forms of documentation required to comply with the laws of the State of California.

2. Contractor shall be an individual or firm licensed to do business in California and shall obtain at its expense all license(s) and permit(s) required by law for accomplishing any work required in connection with the agreement.

3. If the Contractor is located within the State of California, the Contractor must be in good standing with the Secretary of State (if applicable). For more information regarding the Secretary of State, please visit: sos.ca.gov.

4. If the Contractor is out of State, the Contractor must provide a copy of their Board of Equalization Permit along with a copy of their Secretary of State (if applicable) to show the Contractor is eligible to do business in California.

G. Statement of Work

This Agreement shall be for the State of California. Contractor shall furnish all labor, materials, equipment and supplies necessary to conduct pre-employment or existing employee background investigations of applicants for both sworn (law enforcement peace officer) and non-sworn positions for the DOJ’s DMFEA. Details, specifications, terms and conditions of the agreement are provided below.

All work shall be done by experts with an established reputation for executing their work by the very best methods. Pursuant to the California Code of Regulations (CCR), Title 11 1953, the experts shall have successfully completed a background investigation course certified by the California Commission on Peace Officer Standards and Training (POST) before commencing any aspect of work on a background investigation for the DOJ’s DMFEA.

mailto:Advocate@doj.ca.gov

All services shall be subject to inspection by the DOJ’s DMFEA at any and all times during the performance thereof. If through inspection it is determined the services and/or materials furnished in connection therewith are not in accordance with the terms described, the DOJ’s DMFEA may direct that further work on the background investigation be ceased without payment for the work performed.

General Specifications

This Agreement shall be for the State of California. It is anticipated that due to the nature of the services to be performed, the Contractor will be required to travel throughout California in order to complete background investigations.

Services and receivables shall be provided in accordance with the Scope of Work specifications listed below:

a. Must conduct 60% of all interviews in-person unless exempted by the DOJ’s DMFEA. Video conference is not considered in-person.

b. Must verify minimum qualifications and all documents submitted by the applicant as evidence of those qualifications. The initial phase of the investigation must be directed toward verifying minimum qualifications for appointment.

c. All background investigations must begin work within three business days of request.

Routine background investigations must be completed within three to five weeks of request. Expedite background investigations must be completed within two to three weeks of request.

d. Provide a typewritten, electronic version report to the DOJ’s DMFEA at the completion of the background investigation. The investigation must conform to the standards as outlined in the California Commission on POST Background Investigation Manual. In addition, the background investigation report shall contain individual statements from persons interviewed, and such statements will include the applicant's activity surrounding social media use/postings, biases, prejudices, illicit drug use, excessive gambling and any unlawful activity engaged in by the applicant. If the report and/or investigation is deemed sub-standard (not in compliance with California Commission on POST guidelines) and as a result is rejected by the DOJ’s DMFEA payment will not be provided for the background investigation.

Due to its substantial volume, a hard copy of the POST Background Investigation Manual is not being included with this solicitation package, but can be accessed at the following address:

http://www.post.ca.gov/background-investigation-manual-guidelines-for-the-investigator.aspx.

e. Make a weekly written, background investigation status report (adhering to a prescribed format and content) to the DOJ’s DMFEA, and make an immediate verbal report when issues surface that are significant, derogatory, adverse or potentially disqualifying.

f. In addition to those areas of investigation recommended in the California Commission on POST Background Investigation Manual, investigators must review personnel files, disciplinary files, academy and training records, and previous background investigations and report the findings.

g. Incorporate exhibits within the report as appendices.

h. The background investigator may not terminate an investigation without consultation and permission from the DOJ’s DMFEA.

i. The contractor must carry and provide proof of professional, automobile and workers' compensation insurance coverage.

j. All work products including, but not limited to documents, reports, print-outs, records, photographs, and notes are the property of the DOJ’s DMFEA and are considered confidential.

http://www.post.ca.gov/background-investigation-manual-guidelines-for-the-investigator.aspx

These items shall be delivered to the custody and control of the DOJ’s DMFEA at the conclusion of the background investigation or upon demand.

k. Must be current in the latest changes with the California Commission on POST Background Investigation Manual.

I. Must testify in any forum or court to explain the background investigation procedure, if needed.

m. Background investigators must make themselves available to meet with the applicant's polygraph examiner and or computer voice stress analyzer to formulate additional questions if there is a discovered concern.

n. All work shall be done in the most professional, efficient and cost-effective manner. All services rendered shall be subject to inspection by the DOJ’s DMFEA at any time.

o. Cost and payment for a routine background investigation shall be a set fee inclusive of personnel hours, travel and any associated costs. Cost and payment for an expedite background investigation shall be a set fee inclusive of personnel hours, travel and any associated costs.

p. In addition to all of the previously mentioned items, the background investigation and report must include:

• Inquiries to local law enforcement agencies from areas an applicant currently lives, lived in the previous ten (10) years, currently works and worked in the previous ten (10) years.

• Verification of colleges, universities and high schools attended.

• Verification of citizenship.

• A military history check.

• Contact all former supervisors and referenced coworkers.

• Review of all personnel files, internal affairs files, and background investigations from previous law enforcement agencies where the applicant worked as a peace officer.

• Contact all relatives and references.

• Contact secondary references.

• Conduct social media use/postings checks.

• Conduct neighborhood checks on previous and current residences for the previous ten

(10) years.

q. DMFEA must approve the contractors workplan for the background investigation prior to starting the tasks.

All work shall be done by experts with an established reputation for executing their work by the very best methods. All services shall be subject to inspection by the DOJ’s DMFEA at any, and all times during the performance thereof. If through inspection it is determined the services and/or materials furnished in connection therewith are not in accordance with the terms described, the DOJ’s DMFEA may direct that further work on the background investigation be ceased without payment for the work performed.

H. Failure to Perform

In the event the Contractor is unable to perform the services contracted for as to quality, quantity, or for any other reason violates the specifications set forth in the agreement, such action shall constitute cause to null and void the agreement.

It is understood and agreed that the DOJ reserves the right to obtain at its discretion the contracted services outside the terms of the agreement.

I. Other Damages

If the Contractor fails in the performance of any of the Contractor’s obligations under this Agreement (such as non-performance, partial performance, inadequate performance, late and/or incomplete performance), the parties agree that damage will be sustained by the Department of Justice.

Therefore, the parties agree that, in addition to other damages, the Contractor will pay to the Department of Justice the actual cost incurred as the result of finding and using another Contractor plus late costs of $0.00 per occurrence. Such costs will be deducted by the Department of Justice from any amounts owed by the Department of Justice to the Contractor. The Department of Justice shall be entitled to take or recover any other rights and remedies under this Agreement or applicable laws, including termination of this Agreement.

J. Qualification Requirements

Failure to meet the following requirements by the bid due date will be grounds for the DOJ to deem a bidder non-responsive. In submitting a bid, each bidder must certify that it possesses the following qualification requirements.

1. Bidder shall provide all personnel, labor, equipment, required materials, tools, supplies, certificates, licenses and/or permits, and insurance necessary to provide background investigation. All certificates, licenses and permits shall be current and in effect at the time of the bid, and throughout the term of the agreement.

2. Bidder shall have a regular place of business located within the State of California.

3. BACKGROUND INVESTIGATIONS Before services commence, the DOJ may require the successful bidder and the successful bidder’s employees to submit information for background investigations. The depth of background investigations will depend on the level of access granted to DOJ information, which includes both information DOJ owns and information provided to DOJ from other agencies, and DOJ facilities. Background investigations may include inquiries into criminal history, employment history, education, finances, DMV records, and insurance coverage. The agreement executed by the DOJ and the successful bidder will include any requirements for background investigations.

4. Bidders must certify their willingness to comply with the Agreement Terms and Conditions addressed in section P of this IFB, entitled “Agreement Terms and Conditions”, including those terms and conditions in the referenced exhibits.

5. (Corporations) Corporations must certify they are in good standing and qualified to conduct business in California.

6. (Nonprofit Organizations) Non-profit organizations must certify they are eligible to claim nonprofit status.

7. Bidders must have a past record of sound business integrity and history of being responsive to past contractual obligations.

8. Before agreement execution, the winning bidder must supply proof of liability insurance that meets the requirements in Exhibit E, entitled “Additional Provisions” that is included in the Sample Agreement Form/Exhibits (STD. 213) section of this IFB.

K. Bid Format and Content Requirements

1. General instructions

a. Each individual or firm may submit only one (1) bid. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) bid, the DOJ will reject all bids submitted by that firm or individual.

b. Develop bids by following all IFB instructions and instructions or clarifications in question/answer notices, clarification notices, or IFB addenda.

c. Before preparing a bid, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood. Agreement increases will not be allowed due to poor examination of work sites and/or specifications.

d. Arrange for timely delivery of the bid package to the specified address. Bidders are advised not to wait until shortly before the bid submission deadline to submit their bid.

2. Bid format requirements

a. Submit one (1) original bid package. Bid must be complete with a copy of all required attachments and documentation.

b. Bind bid package with a single staple in the upper left-hand corner.

c. Sign applicable IFB attachments/forms in ink, preferably in a color other than black. Have a person who is authorized to bind the bidding firm sign each form that requires a signature. Signature stamps are not acceptable. Unsigned bids may be rejected.

3. Bid content requirements

This section specifies the order and content of each bid and where applicable, indicates form/attachment completion instructions.

When completing the attachments, follow the instructions in this section and any instructions appearing on the attachment. Unless otherwise indicated, do not submit supplemental information or other materials that the DOJ has not requested.

After completing and signing the applicable attachments, assemble all items in the order shown below and place them in a sealed envelope/package.

4. Required attachments/documentation

Attachment/Documentation Instructions

1 - Bid Form Complete this form entirely. Do not submit supplemental cost or rate sheets. Any corrections or changes to the dollar amounts entered on the Bid Form after the amounts are originally inserted must be initialed in ink by the bidder.

2 - Required Attachment & Certification Checklist

Check each item with “Yes” or “N/A," as applicable, and sign the form. If necessary, explain the choices on a separate sheet of paper.

If a bidder marks “Yes” or “N/A” and attaches an explanation to the checklist to clarify their choice, the DOJ considers this a “qualified response." Any “qualified response," determined by the DOJ to be unsatisfactory or insufficient to meet a requirement, may cause a bid to be deemed non-responsive.

3 - Bid Evaluation Form This form is to be completed by the DOJ employees performing the bid opening and is not required to be returned.

4 - Client References Identify three (3) clients serviced within the past five (5) years that can confirm their satisfaction with the bidder’s services. If possible, identify clients whose needs were similar in scope and nature to the services sought in this IFB. List the most recent first.

5 - CCC 04/2017 (Contractor Certification Clause)

Complete and sign this form indicating a willingness and ability to comply with the Contractor Certification Clauses (CCC) appearing in this attachment.

6 - Darfur Contracting Act All bidders must complete this form. Read the form and select the one (1) option that is appropriate for the bidder. If bidder selects option 2, a copy of the written permission from DGS must be included.

7 - Std. 204 (Payee Data Record) Complete and return this form.

8 - Conflict of Interest & Confidentiality Statement – Vendor

Read the statement and complete and sign the bottom of the form indicating willingness and ability to comply with the statement.

9a - Std. 843 (Disabled Veteran Business Enterprise Declarations)

Submission of this form is required when a certified DVBE contractor or subcontractor will provide materials, supplies, services, or equipment necessary for the performance of the proposed agreement.

Attachment/Documentation Instructions

10a - Small Business Subcontractor/Supplier Acknowledgement

Submission of this form is optional. Read and carefully follow the completion instructions in Attachments 10 and 10a. Complete and return Attachment 10a only if the bidding firm is not a certified small business, but is requesting a subcontractor bidding preference by committing to use one or more certified small business subcontractors for an amount equal to at least 25% of the total bid price.

11 - GSPD-05-105 (Bidder Declaration) All bidders must complete this form. Instructions for completing this form are on the second page of this attachment.

12 – DGS OLS 04 – (California Civil Rights Laws Attachment)

Submission of this form is required from a bidder that submits a bid or proposal to a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more.

13 - Iran Contracting Act Submission of this form is required from a bidder that submits a bid or proposal to a state agency with respect to any contract in the amount of one million dollars ($1,000,000) or more.

Business License (California Businesses Only)

California businesses must submit a copy of a current business license issued by the governmental jurisdiction in which the business is located.

Submit an explanation if this documentation cannot be supplied or there is reason to believe no license is required.

Proof of Corporation status (Corporations Only)

Corporations must either submit a copy of the bidding firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State or submit a downloaded copy of the bidding firm’s on-line status information from the California Business Portal website of California’s Office of the Secretary of State.

Submit an explanation if this documentation cannot be supplied.

Proof of Non-profit status (Non-profit Organizations Only)

Non-profit organizations must submit a copy of a current IRS determination letter indicating nonprofit or tax exempt status under United States Code, title 26, section 501(3) (c).

Submit an explanation if this documentation cannot be supplied.

L. Submission of Bids

1. Submission instructions

a. Assemble an original bid package.

b. Place bid package in a single envelope or package. Seal the envelope or package.

c. Mail the bid package to the California Department of Justice, Division of Operations, Contracts and Purchasing Unit. Bids may not be transmitted electronically by email.

d. Regardless of postmark, the DOJ, Division of Operations, Contracts and Purchasing Unit must receive the bid package by the date and time stated in section B of this IFB, entitled “Time Schedule”. NOTE: The DOJ will not publicly open or read late bids.

e. Send an email notification to Andrew McDuffie at Andrew.McDuffie@doj.ca.gov to notify of bid package submission.

f. Label and submit the bid package using one of the following methods.

Overnight Express: U. S. Mail:

IFB # 24-0189-IFB (DO NOT OPEN)

California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Andrew McDuffie 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6126

IFB # 24-0189-IFB (DO NOT OPEN)

California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Andrew McDuffie 1300 I Street, Suite 820

Phone: (916) 210-6126

g. Bidder warning

1) When mailing the bid package consider using overnight express, certified or registered mail to avoid any unforeseen delays.

NOTE: It is the bidder's responsibility to ensure their bid is received by the DOJ before the bid due date and time. The DOJ is not responsible for bids received after the bid due date and time due to circumstances beyond the DOJ's control.

2. Proof of timely receipt

a. Upon receipt of a bid package, the DOJ staff will stamp each bid package or envelope with a date/time stamp or handwrite date and time and initial.

b. To be timely, the DOJ, Division of Operations, Contracts and Purchasing Unit must receive bid packages at the DOJ mailroom located at 1300 I street, Sacramento, CA 95814 no later than the date and time stated in section B of this IFB, entitled “Time Schedule” ( Tuesday, November 05, 2024, 3:00 p.m.).

c. The DOJ shall deem late bid packages non-responsive. Any bid package received after the scheduled closing time for the receipt of bids will be returned unopened.

3. Bidder costs

Bidders are responsible for all costs of developing and submitting a bid package. Such costs cannot be charged to the DOJ or included in any cost element of a bidder’s price offering.

M. Bid Opening

All bid packages properly received according to the IFB instructions on or before the bid due date will be opened and read utilizing Microsoft Teams meeting video conferencing, at the date and time stated in section B of this IFB, entitled “Time Schedule”.

Please contact Andrew McDuffie at Andrew.McDuffie@doj.ca.gov or (916) 210-6126 to obtain a meeting ID and Participant Passcode to view the bid opening. To view, requesters must have the Microsoft Teams meeting video conferencing application. If unable to view the bid opening, a Microsoft Teams meeting call-in phone number can be provided (audio only).

N. Bid Requirements and Information

1. Non-responsive bids

Except as otherwise stated in this IFB, the following may cause the DOJ to deem a bid non-responsive.

a. Failure of a bidder to:

1) Meet bid format/content or submission requirements including, but not limited to, the sealing and/or labeling of the bid package.

2) Pass the Required Attachment/Certification Checklist review by not marking “Yes” for each item listed or by not appropriately justifying, to the DOJ’s satisfaction, all “N/A” designations.

b. If a bidder submits:

1) A bid that is conditional, materially incomplete or contains material alterations or irregularities of any kind to include obvious erasures.

2) Price information that contradicts the price/cost figures on the Bid Form (Attachment 1) or submits cost information in a format contrary to the IFB instructions.

3) False, inaccurate, or misleading information or falsely certifies compliance on any IFB attachment.

c. The DOJ discovers at any stage of the bid process or upon agreement award that a bidder is unwilling or unable to comply with the agreement terms, conditions and/or exhibits cited in this IFB and/or the resulting agreement.

d. Other irregularities occur in a bid that are not specifically addressed herein (i.e., the bidder places any conditions on performance of the Statement of Work, submits a counter offer/proposal, etc.). Any deviation from the specifications may be cause for rejection of the bid.

2. Bid modifications after submission

a. All bid packages are to be complete when submitted. However, an entire bid package may be withdrawn and the bidder may resubmit a new bid package.

b. To withdraw and/or submit a new bid package, follow the instructions appearing in section

N of this IFB, entitled “Bid Requirements and Information”, paragraph 4.

3. Bid mistakes

If prior to agreement award, award confirmation, or agreement signing, a bidder discovers a mistake in their bid that renders the bidder unable or unwilling to perform all Statement of Work services for the price/costs offered, the bidder must immediately notify the DOJ and submit a written request to withdraw its bid following the procedures set forth in section N of this IFB, entitled “Bid Requirements and Information”, paragraph 4, b.

4. Withdrawal and/or resubmission of bids

a. Withdrawal deadline

A bidder may withdraw its bid prior to the bid due date and time stated in section B of this IFB, entitled “Time Schedule”.

b. Submitting a withdrawal request

1) Submit a written withdrawal request signed by an authorized representative of the bidder.

2) Label and submit the withdrawal request using one of the following methods.

U.S. Mail: Overnight Express:

Withdrawal IFB # 24-0189-IFB California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Andrew McDuffie 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6126

Withdrawal IFB # 24-0189-IFB California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Andrew McDuffie 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6126

E-mail:

Withdrawal IFB # 24-0189-IFB Andrew.McDuffie@doj.ca.gov

A written and signed withdrawal request is generally required before the DOJ will return/release a bid package to a bidder. The DOJ may grant an exception if the bidder informs the DOJ that the bidder will submit a new or replacement bid package immediately following the withdrawal.

c. Resubmitting a bid package

After withdrawing a bid package, bidders may submit a new bid package according to the submission instructions. Replacement bid packages must be received at the stated place of delivery by the due date and time stated in section B of this IFB, entitled “Time Schedule”.

5. Evaluation and selection

This section describes, in general, the process that the DOJ will use to evaluate timely bid packages.

a. Bid opening/reading

All bid packages properly received according to the IFB instructions on or before the bid due date and time will be opened, read, and recorded.

b. Bid package review

1) After the bid opening and reading, bids are submitted to the Division of Operations

(OPS), Contracts and Purchasing Unit (CPU) for review and evaluation. One or more evaluators will convene to review each timely bid package to confirm its responsiveness to the IFB requirements. This is a pass/fail evaluation.

2) If deemed necessary by the DOJ, additional bidder documentation may be collected to confirm the claims made by each bidder and to ensure that each bidder is responsive to all IFB requirements.

3) If the materials submitted by a bidder do not prove, support or substantiate the claims made on Attachment 2 titled, “Required Attachment/Certification Checklist”, the bid will be deemed non-responsive and rejected from further consideration.

4) If applicable, the DOJ will adjust bid amounts for any claimed preference following confirmation of eligibility with DGS.

c. Notice of Intent to Award

The DOJ will post a Notice of Intent to Award as soon as possible after the bid opening and bid package review.

6. Agreement award and protests

a. Agreement award

1) Award of the agreement, if awarded, will be to the responsive and responsible bidder who offers the lowest cost. The lowest cost will be determined after the DOJ adjusts bidder costs for applicable preferences and/or incentives.

b. Settlement of tie bids

1) In the event of a precise tie between the lowest responsive bid submitted by a certified small business or microbusiness and the lowest responsive bid submitted by a certified Disabled Veteran Business Enterprise (DVBE) that is also a certified small business or microbusiness, the agreement will be awarded to the DVBE bidder that is also a certified small business or microbusiness under Government Code Section 14838 subdivision (g).

2) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted small business subcontractor preference and the lowest responsive bid submitted by a certified small business or microbusiness, the agreement will be awarded to the certified small business or microbusiness.

3) In the event of a precise tie between the lowest responsive bid submitted by a nonprofit veteran service agency (NVSA) that is a certified small business or microbusiness and the lowest responsive bid submitted by a certified DVBE that is also a certified small business or microbusiness, the agreement will be awarded to the certified DVBE that is also a certified small business or microbusiness.

4) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted the DVBE subcontractor incentive and the lowest responsive bid submitted by a certified small business or microbusiness, the agreement will be awarded to the certified small business or microbusiness.

5) In the absence of a California statute or regulation governing a specific tie, the DOJ will settle all other tie bids in a manner the DOJ determines to be fair and equitable (e.g., coin toss, lot drawing, etc.). In no event will the DOJ settle a tie by dividing the work among the tied bidders.

c. Protests

1) Who can protest

Any bidder who submits a bid may file a protest if the bidder believes it is a responsible bidder, its bid package is responsive to all IFB requirements, and its bid is the lowest dollar bid.

2) Grounds for protests

Protests are limited to the grounds described in the State Contract Manual, Volume 1, section 6.02.A.1. The DOJ will not make an award until all protests are withdrawn by the protestant, denied, or resolved to the satisfaction of the DGS.

3) Protest time lines

a. If an eligible bidder wishes to protest the intended agreement award, the bidder must file a “Notice of Intent to Protest” with both the DOJ and DGS within five (5) working days after the DOJ posts the Notice of Intent to Award. The Notice of Intent to Protest may be brief. Any Notice of Intent to Protest filed more than five

(5) working days after the DOJ posts the Notice of Intent to Award shall be untimely.

b. Within five (5) calendar days after filing a “Notice of Intent to Protest”, the protestant must file with both the DOJ and DGS a full and complete written protest statement specifying the grounds for the protest.

4) Submitting a protest

A protest may be hand delivered, mailed, or emailed to the appropriate agencies as follows:

Mail or Overnight Express: Email:

Protest to IFB # 24-0189-IFB California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Andrew McDuffie 1300 I Street, Suite 820 Sacramento, California 95814

Protest to IFB # 24-0189-IFB California Department of Justice Division of Operations Contracts and Purchasing Unit Attention: Andrew McDuffie Email: Andrew.McDuffie@doj.ca.gov

Hand Delivery, Mail or Overnight Express: Email:

Protest to DOJ IFB # 24-0189-IFB Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Protest to DOJ IFB # 24-0189-IFB Department of General Services Office of Legal Services Attention: Bid Protest Coordinator Email: OLSProtests@dgs.ca.gov

7. Disposition of bids

a. All materials submitted to the DOJ in response to this IFB are subject to the Public

Contract Code section 10342 and the California Public Records Act (Government Code section 7920, et seq.). The DOJ will disregard any language purporting to render all or portions of any bid package confidential.

b. All documents submitted in response to this IFB, and all documents used in the selection process (e.g., review checklists, letters of intent, etc.) will be regarded as public records under the California Public Records Act (Government Code Section 7920 et seq.) and shall be available for public inspection after bid opening under Public Contract Code section 10342.

8. Inspecting or obtaining copies of bids

a. Who can inspect or copy bid materials

Any person can inspect or obtain copies of bid materials.

b. What can be inspected/copied and when

After the bid opening, all bids, bidders list, conference sign-in/attendance sheet, checklists and/or evaluation sheets shall be available for public inspection and copying during the DOJ’s normal business hours.

c. Inspecting or obtaining copies of bid materials

Persons wishing to view or inspect any bid related materials must identify the items they wish to inspect and must reach out to the Department of Justice, Public Records Coordinator. The coordinator may be reached by telephone at (916) 210-6183, electronically at https://oag.ca.gov/contact/publicrecords_form, and by U.S. mail at:

Attorney General's Office Public Records Coordinator P.O. Box 944255 Sacramento, CA 94244-2550 mailto:OLSProtests@dgs.ca.gov

9. Verification of bidder information

By submitting a bid, bidders agree to authorize the DOJ to:

a. Verify any and all claims made by the bidder, including verification of prior experience and the possession of other qualification requirements, and

b. Check any reference including those identified by a bidder or other resources known by the

State to confirm the bidder’s business integrity and history of providing effective, efficient and timely services.

10. DOJ rights

In addition to the rights discussed elsewhere in this IFB, the DOJ reserves the following rights.

a. IFB corrections

1) The DOJ reserves the right to do any of the following up to the bid submission deadline:

a) Modify any date or deadline appearing in this IFB, including the Time Schedule.

b) Issue clarification notices, addenda, alternate IFB instructions, forms, etc.

c) Waive any IFB requirement or instruction for all bidders if the DOJ deems said requirement or instruction unnecessary, erroneous or unreasonable.

d) Allow bidders to submit questions about any IFB change, correction or addenda. If the DOJ allows such questions, specific instructions will appear in the cover letter accompanying the document.

2) If applicable, the DOJ will mail or email written clarification notices or addenda to all persons/firms receiving this IFB.

Exceptions may occur, when the DOJ decides, just before or on the bid due date, to extend the submission deadline. If this occurs, the DOJ may notify potential bidders of the extension by email or by telephone. The DOJ will follow-up any verbal notice in writing by email.

b. Collecting information from bidders

1) If deemed necessary by the DOJ, the DOJ may request a bidder to submit additional documentation following the bid opening and/or evaluation. The DOJ will advise the bidder orally, via email, or in writing of the documentation that is required and the timeline for submitting the documentation. The DOJ will follow-up oral instructions in writing by email or mail. Failure to submit the required documentation by the date and time indicated may cause the DOJ to deem a bid non-responsive.

2) At its sole discretion, the DOJ reserves the right to collect, by mail, email, or other method, the following omitted and/or additional information.

a) Signed copies of any form submitted without a signature.

b) Data or documentation omitted from any submitted IFB attachment/form.

c) Information/material needed to clarify or confirm certifications or claims made by a bidder.

d) Information/material or form(s) needed to correct or remedy an immaterial defect in a bid package.

3) The collection of bidder documentation may cause the DOJ to extend the date for posting the Notice of Intent to Award. If the DOJ changes the posting date, the DOJ will advise the bidders by email or mail of the revised posting date.

c. Immaterial bid defects

1) The DOJ may waive any immaterial defect in any bid package and allow the bidder to remedy those defects. The DOJ reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect.

2) The DOJ’s waiver of an immaterial defect in a bid package shall in no way modify this IFB or excuse a bidder from full compliance with all bid requirements.

d. Correction of clerical or mathematical errors

1) The DOJ reserves the right, at its sole discretion, to waive, correct or require a bidder to remedy any obvious clerical or mathematical errors on a bid form.

2) If the correction of an error results in an increase or decrease in the total price, the DOJ shall give the bidder the option to accept the corrected price or withdraw their bid.

3) Bidders may be required to initial corrections to costs and figures on the Bid Form if the correction results in an alteration of the cost(s) offered.

4) If a mathematical error occurs in a total or extended price and a unit price is present, the DOJ will use the unit price to settle the discrepancy.

e. Right to remedy errors

The DOJ reserves the right to remedy errors caused by:

1) DOJ office equipment malfunctions or negligence by agency staff.

2) Natural disasters (i.e., floods, fires, earthquakes, etc.).

f. No Agreement award or IFB cancellation

The issuance of this IFB does not constitute a commitment by the DOJ to award an agreement. The DOJ reserves the right to reject all bids and to cancel this IFB if it is in the best interest of the DOJ to do so.

g. Agreement amendments after award

As provided in the Public Contract Code governing contracts (agreements) awarded by competitive bid, the DOJ reserves the right to amend the…