Invitation_for_Bid__IFB__No._132144.pdf

September 14, 2026

TO PROSPECTIVE BIDDERS

SUBJECT: INVITATION FOR BID (IFB) No. 132144

Live Virtual Bilingual Fluency Testing Services for the Employment Development Department

Term: January 1, 2027 through December 31, 2029

The Employment Development Department (EDD) invites you to submit your bid for the above service in accordance with the attached Specifications.

If you wish to bid, see Instructions to Bidders. If you make any additions or modifications to the IFB package, it may result in the rejection of your bid. The EDD reserves the right to reject any or all bids. The Disabled Veteran Business Enterprise (DVBE) Participation Requirement is waived for this IFB. The DVBE Incentive is available to potential bidders. Please see the Instructions to Bidders for more details.

Bids must be received, and date stamped in the Contracts Services Group no later than:

Monday, September 28, 2026, by 3:00 p.m. (PT)

If you have any questions, please contact me at Taliah.Andrade@edd.ca.gov

/s/TALIAH ANDRADE Contract Analyst

Enclosures

Cc: Dolores Lecitona mailto:Taliah.Andrade@edd.ca.gov

Employment Development Department 1416 9th Street, MIC 62-C

P.O. Box 826880 Sacramento, CA 94280-0001

Bid Due Date: September 28, 2026 Time: 3:00 PM (PT)

Exhibit Pages

Instructions to Bidders A Scope of Work Exhibit A-1, Specifications B Budget Detail and Payment Provisions……………………………………….. 2 C *General Provisions – 02/2025 D Special Terms and Conditions E Sample Standard Agreement, STD 213

Attachment

1 Cost Proposal 2 Bidder Declaration 3 Contractor Contractor Clauses (CCC 04/2017)………………………………. 4 4 Darfur Contracting Act Certification……………………………………………. 2 5 California Civil Rights Laws Certification 6 Certification Regarding Lobbying 7 Payee Data Record, STD 204…………………………………………………. 2 8 Payee Data Record Supplement, STD 205……………………………………. 2

*View at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Invitation for Bid No. 132144 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

IFB No. 132144

STATE OF CALIFORNIA

EMPLOYMENT DEVELOPMENT DEPARTMENT

INSTRUCTIONS TO BIDDERS

Invitation for Bid (IFB) No. 132144

1. Submission of Bids

a. Failure to read these instructions, the Specifications, and the Terms and Conditions included in this bid package will be at the bidder's risk. Written instruction(s) regarding the submission of bids shall take precedence over any verbal instruction(s).

b. Bidders shall complete and return the IFB Requirements Checklist, found on page 10, and all supporting documents listed. If mailed, the exterior of your envelope must clearly be noted: “INVITATION FOR BID, DO NOT OPEN IN MAIL ROOM, IFB NO. 132144.”

c. All submitted documents must be signed by an authorized representative of the bidder’s firm.

The forms must be completed in ink or typewritten. If errors are made, they must be crossed out and corrections printed in ink or typewritten adjacent to error. Corrections must be initialed in ink by person signing the bid forms.

d. The EDD reserves the right to reject any or all bids and may waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the solicitation documents, or excuse the bidder from full compliance with the solicitation specification if awarded the contract. The EDD is not required to award an agreement.

e. Bid packages must be received and time stamped in Contract Services Group no later than 3:00 p.m. (PT) on the bid closing date of September 28, 2026. Signed copies of the sealed bid package are to be emailed, mailed or delivered to:

Regular, Overnight and/or Express Delivery:

Employment Development Department Mail Services 1416 9th Street, MIC 62-C Sacramento, CA 95814 Attn: Taliah Andrade

Email Delivery:

Taliah.Andrade@edd.ca.gov

Bids received and time stamped after 3:00 p.m. (PT) on the bid closing date of September 28, 2026, will be considered "late", disqualified and will be returned to sender.

Public Bid Opening

The public bid opening is scheduled for September 29, 2026 promptly at 9:00 a.m. The event will be held at the following address:

1416 9th Street Sacramento, CA 95814

Upon arrival, all attendees are required to check-in with security and sign-in on the bid opening record. All attendees will be escorted to the appropriate location.

mailto:Taliah.Andrade@edd.ca.gov

During the bid opening, each submission will be opened, read aloud, documented, and examined for preferences and incentives. To ensure efficiency, all questions and answers will be kept to a minimum.

2. Key Action Dates

Action Date Release IFB September 14, 2026 Deadline to Submit Questions September 18, 2026 by 3:00 PM PT Response to Questions September 23, 2026 by 4:00 PM PT Proposals Due September 28, 2026 by 3:00 PM PT Intent to Award Week of October 5, 2026 Contract Commencement January 1, 2027, or upon final approval

3. Online Small Business (SB) and Disabled Veteran Business Enterprise (DVBE)

Certification Process

California’s SB and DVBE firms can now file their applications and get certified online via the Department of General Services website at: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small- Business-Disabled-Veteran-Business-Enterprise. Small Businesses and DVBEs can access the numerous benefits that come along with certification in a more timely and efficient manner.

4. Replacement of Disabled Veteran Business Enterprise Subcontractors

If for this Agreement, the Contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then the Contractor must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Agreement have been made to the DVBE(s), and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military & Veterans Code section 999.5(d)).

The Contractor understands and agrees that should award of this Agreement be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code section 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services

(DGS).

Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

Failure of the Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State and penalties as outlined in Military and Veterans Code section 999.9, Public Contract Code (P.C.C.) section 10115.10 or P.C.C. § 4110 (applies to public works only).

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

5. Award of the Agreement

a. Award will be made to the lowest responsible bidder meeting specifications and offering to supply the services described. The firm submitting the lowest responsible bid may be required to submit evidence that they have available, as needed, sufficient resources to provide the necessary equipment and personnel to enable them to meet the requirements of the Contract, and may also be required to furnish information as to their financial responsibility.

b. It is understood and agreed that following the award of the Contract, the successful bidder shall agree to comply with all Exhibits attached herein, and provide the required documents requested (i.e., bonds, insurance certificates, etc.) in order for the EDD to complete the execution of a Standard Agreement (STD. 213).

c. Small Business/Microbusiness (SB/MB) and Small Business/Nonprofit Veteran

Service Agency (SB/NVSA) Certification Preferences

A SB/MB and SB/NVSA Certification Preferences are applicable to the award of this Contract.

(1) Certified SB/MB and SB/NVSAs may claim preference when submitting a bid on this

Contract. The preference is equal to five percent (5%) of the lowest responsible bid.

When the lowest responsible bid is not submitted by a certified small business, the preference becomes applicable. Please note that the preference is used for computation purposes only (to a maximum amount of $50,000) in determining the successful bidder. It does not alter the amount of the resulting contract.

(2) To learn more about the SB/MB and SB/NVSA Preference Programs and how your business might qualify, contact the Office of Small Business and DVBE Services at

(916) 375-4940.

d. DVBE BID INCENTIVE

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the EDD shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration DGS PD-05-105, (located elsewhere within the solicitation document) and confirmed by the EDD. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 3%

2% to 2.99% inclusive 2%

1% to 1.99% inclusive 1%

As applicable:

(1) Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price.

When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

(2) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.

6. Rejection of Bids

a. If the bid is received after 3:00 p.m. (PT) on the due date of September 28, 2026 as stipulated in the bid package, the bid shall be rejected and returned to sender.

b. If it is found that a bidder is not responsible (i.e., has not paid taxes; has submitted a bid when the bidder’s license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement; submitted a bid without an authorized signature; falsified any information in the proposal package or has provided poor performance on a previous contract with the EDD, etc.), the bid/proposal shall be rejected.

c. If it is found, upon license verification with the Contractor's State Licensing Board, that a bidder's license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement, the proposal shall be considered nonresponsive and shall be rejected.

d. The EDD reserves the right to reject any and all bids and to waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the bid document or excuse the bidder from full compliance with the solicitation document specifications if awarded a Contract.

7. Tie Bids

In the event of a tie between two bidders, a coin toss will be used to determine the winner.

Any coin toss shall be observed by witnesses, and the tied bidders would be invited to have representatives present. Location and time will be announced to all bidders.

8. Subcontractors

No subcontracting will be allowed for this solicitation and future contract award.

9. Disposition of Bids

All material submitted in response to this bid package will become the property of the EDD and will become a public record after Award.

10. Grounds For Protest

a. Those who may protest are as follows:

• For IFBs, the lowest responsible bidder meeting the specifications (if not awarded the Contract).

b. There is no protest if the awarding agency rejects all bids or proposals, based on the interest of the State.

11. Protest Exclusions

The State has no jurisdiction to consider a protest when:

• The Contract is considered a public works contract.

• The Contract award is for a type of contract not subject to the protest procedures. This category includes contracts for maintenance, modification, and so forth of real or personal property, including equipment and contracts for professional services under Government Code section 4525.

• The protestant was not the lowest responsible bidder or the highest-scored proposer.

• The protestant was not a bidder or proposer, and seeks to contest the award. The only recourse in this case is through the civil courts.

• The protest was not submitted in a timely manner.

• The grounds for the protest do not meet the permissible grounds stated in the P.C.C.

12. Notification of the Right to Protest

Unsuccessful bidders who wish to protest this award must submit a detailed, written statement of protest, including the IFB No., the name of the State agency involved, and the agency contact person. The protest must be submitted within five (5) working days following the bid opening. All protests must be submitted to both of the following:

Department of General Services

Office of Legal Services Attention: Bid Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

Contract Services Group 1416 9th Street, MIC 62-C

Sacramento, CA 95814 Email: BOPSDContractsExternal@edd.ca.gov

13. Conditions and Commitment

By signing and submitting a bid package, the bidder acknowledges it has read, understood, and agrees to the following provisions:

a. General Provisions – 02/2025 available for viewing at: GTC 02/2025

b. Performing a Commercially Useful Function: In accordance with Government Code section 14837 and Military and Veterans Code section 999, all certified SB/MB or DVBE contractors, subcontractors and suppliers that bid on or participate in a state contract, regardless of whether it is a verbal or written solicitation must perform a Commercially Useful Function (CUF). A certified SB/MB or DVBE is deemed to perform a CUF if the business does all of the following:

mailto:OLSProtests@dgs.ca.gov mailto:BOPSDContractsExternal@edd.ca.gov https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf

• Is responsible for the execution of a distinct element of the work of the Contract.

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

• Performs work that is normal for this business services and functions.

• 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.

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

c. Payee Data Record, STD. 204

Revenue and Taxation Code section 18646 requires state agencies to file information tax returns (IRS Form 1099) for certain types of payments made to vendors. The successful bidder will be required to complete and submit a Payee Data Record, STD. 204 to the EDD before processing payment for services. Upon completion of the work in a manner satisfactory to the EDD, the EDD agrees to make payments in accordance with the contract provisions.

d. California Taxpayer and Shareholder Protection Act of 2003

This solicitation and any resulting contract are subject to all requirements as set forth in the Public Contract Code section 10286 which includes, but is not limited to, providing written submission of a declaration stating that the supplier is eligible to contract with the State of California pursuant to statutory requirements.

Failure of the supplier to comply with and provide information, when requested by the awarding department within the time indicated, will cause the supplier's bid response to be considered nonresponsive and their bid will be rejected.

e. Registered To Do Business In California

Corporations, Limited Liability Companies (LLCs), and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded a contract. The Secretary of State Certificate of Status must be included with the bid. The Secretary of State may be contacted as follows:

California Secretary of State

Division of Corporate Filing and Services 1500 Eleventh Street, Third Floor

Sacramento, CA 95814-5701 Certification Unit: (916) 657-5251

Required document(s) may also be obtained at the following website:

https://bizfileonline.sos.ca.gov/

f. Prohibition of Tax Delinquents from Contracting

The State of California is prohibited from entering into any contracts for the acquisition of goods and services with persons whose name appears on either list of the 500 largest tax delinquencies pursuant to section 7063 or section 19195 of the Revenue and Taxation Code. Reference also to P.C.C. § 10295.4.

https://bizfileonline.sos.ca.gov/

Bidder certifies that it is not included on the California Department of Tax and Fee Administration list at: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm or the Franchise Tax Board list at: https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html

g. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in California Business and Professions Code section 17030.

h. Declaration Forms

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response.

Bidders who have been certified by California as a Disabled Veteran Business Enterprise Declaration (DVBE) (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE must also submit a completed form(s) STD. 843 Disabled Veteran Business Enterprise Declaration).

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The completed form should be included with the bid response. At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

i. Insurance Requirement

The Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, the Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and the Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the EDD may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. The Contractor shall provide written notice to the EDD within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

The Contractor shall display evidence of the following coverage on an ACORD certificate:

j. General Liability Insurance – The Contractor shall furnish to the EDD a certificate of insurance prior to commencement of work stating there is general liability insurance in effect for the Contractor in an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined.

The certificate of insurance must include the following provision stating:

“The State of California, its officers, agents, employees and servants are included as additional insured, but only with respect to work performed for the EDD under this Contract.” The additional insured endorsement must accompany the certificate.

https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf http://www.boe.ca.gov/cgi-bin/deliq.cgi https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

k. Workers' Compensation and Employer’s Liability Insurance - The Contractor shall furnish to the EDD a certificate of insurance evidencing Workers’ Compensation and Employers Liability Insurance presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to write Workers' Compensation insurance in California. Such certificate shall include the name of the carrier and the policy inception and expiration dates. If the Contractor is self-insured for Workers’ Compensation, a certificate must be presented evidencing the Contractor is a qualified self-insurer in the State of California.

l. Automobile Liability Insurance, if applicable - The Contractor shall furnish to the EDD a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor of not less than $1,000,000 per accident while utilizing a motor vehicle in the performance of this Contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

m. Environmental Liability Insurance, if applicable – The Contractor and any subcontractors shall furnish to the EDD a certificate of insurance evidencing environmental liability insurance presently in effect for the Contractor of not less than $1,000,000 per occurrence for bodily injury, property damages and costs incurred for clean-up and removal of substances causing pollution conditions. This requirement can also be met by securing one of the following: (1) an endorsement to the Contractor’s general liability insurance overriding the general liability pollution exclusion or; (2) an endorsement evidencing pesticide/herbicide coverage afforded to the Contractor’s general liability policy.

n. Iran Contracting Act Certification, if applicable

Pursuant to the Iran Contracting Act of 2010 (P.C.C. sections 2200 - 2208 are “the Act”), vendors are ineligible to bid on, submit a bid for, enter into, or renew any contract with the State for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities, in Iran, as defined in the Act.

Bidder certifies that it is not on the current list of Entities Prohibited from Contracting with Public Entities in California per the Act found at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/List-of-Ineligible-Businesses

o. California Public Records Act (PRA)

Upon award, all documents and information therein, submitted in response to this IFB become property of the State of California and will be regarded as public records under the Public Records Act, pursuant to Government Code section 6250, et seq.

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

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

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

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses

q. Generative Artificial Intelligence (GenAI) Technology

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

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code section 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

IFB REQUIREMENTS CHECKLIST

Please complete the checklist below to confirm that all items are contained with the Bid. Place a check mark () next to each item being submitted. For the Bid to be responsive, the checklist and all required documents must be submitted from the list below. Offers must be submitted electronically via email or delivered by mail prior to the closing of the solicitation.

The Bid must contain: Each required supporting document and a completed Requirements Checklist sheet.

The need to verify that all required documentation is submitted with the Bid cannot be overemphasized as failure to submit all completed documents referenced on this checklist may cause the Bid to be rejected.

CHECK

() #REFERENCE DOCUMENT NAME / DESCRIPTION REQUIRED

Attachment 1 Cost Proposal YES Attachment 2 Bidders Declaration

(Must complete all relevant sections to the prime and subcontractors including page numbers, located in the bottom right-hand corner)

YES

Attachment 3 Contractor Certification Clauses 04/2017 (CCC 04/2017) YES Attachment 5 California Civil Rights Laws Certification YES Attachment 6 Certification Regarding Lobbying YES Attachment 7 STD 204 Payee Data Records YES

The following forms are required, if applicable, at the time of submittal. Failure to submit all completed documents referenced on following checklist may cause the Bid to be rejected.

CHECK

() #REFERENCE DOCUMENT NAME / DESCRIPTION

Attachment 4 Darfur Contracting Act Certification Attachment 8 STD 205 Payee Data Record Supplement Secretary of State Certification of Status

The following document(s) are due upon award:

Copy of Vendor’s Insurance Certificates and Additional Insured

Endorsement(s) STD 843 DVBE Declarations, if applicable

I, ______________________, hereby certify under penalty of perjury that I have carefully read, reviewed, and fully completed all documents required in connection with this Invitation for Bid. I affirm that I understand the requirements and conditions set forth in the specifications and agree to provide the requested goods and/or services at the cost specified in the cost proposal. I further certify that all bid documents, responses, and information submitted by me, or on behalf of the bidder, are complete, accurate, and provided in good faith.

(Signature of representative/date)

EXHIBIT A

SCOPE OF WORK

(Standard Agreement)

1. This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as the EDD, and TBD, hereinafter referred to as the Contractor, for the purpose of providing Live Virtual Bilingual Language Fluency Testing Services for the EDD in accordance with Invitation for Bid No. 132144.

2. The Project Representatives during the term of this Agreement will be:

State Agency Contractor

Attn: Dolores Lecitona

TBD

Attn:

1416 9th Street Sacramento, CA 95814 Phone: (916) 982-1779 Email: Dolores.Lecitona@edd.ca.gov

Phone:

Email:

The Project Representatives may be changed by written notice without an amendment to this Agreement.

3. The services shall be provided in accordance with Exhibit A-1, Specifications, which is incorporated as a part of this Agreement.

mailto:Dolores.Lecitona@edd.ca.gov

EXHIBIT A-1

SPECIFICATIONS

I. GENERAL

The Contractor shall furnish all labor, tools, equipment, and materials, and pay all taxes, permits, and/or inspection fees necessary to perform the work in accordance with these Specifications. The Contractor shall provide all materials/products and administer all testing per accepted industry standards. Should there be any errors or omissions in any of the instructions, specifications, or exhibits regarding materials and or methods recommended, it shall be the Contractor’s responsibility to notify the EDD Representative, and upon agreement, use the appropriate materials, method, or process to obtain the intended finished product.

II. SCOPE OF WORK

A. The intent of this Agreement is for the Contractor to provide live virtual bilingual language fluency testing for existing and potential EDD employees. The EDD does not guarantee a specific amount of work under this Agreement. Any quantities of work listed are to be considered estimates only, unless otherwise specified.

B. All work shall be completed in compliance with any specifications and shall comply with all applicable codes, regulations, and ordinances.

C. The Contractor shall furnish all labor and equipment necessary to perform all of the services presented in these Specifications in a professional, orderly, timely, and efficient manner.

D. The Contractor shall not assign or subcontract any work covered by this Agreement.

III. SPECIFICATIONS

A. The Contractor shall provide live virtual proficiency testing services including but not limited to the following languages: Hindi, Russian, Spanish, Tagalog, Thai, Khmer-Cambodian, Korean, Japanese, Vietnamese, Cantonese, Mandarin, Traditional Chinese, Simplified Chinese, Armenian, Arabic, Farsi, and Punjabi.

B. The Contractor must provide live virtual delivery options, including telephone and online video conference, for the proficiency testing, in addition to any other formats offered.

C. The Contractor must certify that examination development, maintenance, and testing are conducted in accordance with ASTM International (formerly the American Society for Testing Materials) Standard F2889, which “describes best practices for the development and use of tests in the modalities of speaking, listening, reading, and writing for assessing ability according to the Interagency Language Roundtable (ILR) scale.”

D. The Contractor must provide testing scores to the EDD within 5 days of testing.

E. The Contractor must provide speaking, listening, reading, and writing proficiency testing.

F. The Contractor must provide scores in either ILR, American Council of Teachers of Foreign Languages (ACTFL) or Common European Framework or Reference (CEFR) for Language format for both EDD existing bilingual employees and potential candidates for hire into bilingual positions.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

I. Invoicing and Payment

A. In consideration of satisfactory services performed, the EDD agrees to pay the amount of ($ ) per test. The total amount of this Agreement shall not exceed ($ ).

B. The invoices must reference the following:

• The EDD Contract Number M132144-7100

• Identifies services provided, service period, unit price (i.e. hourly, monthly), and quantity applicable to the service

• Accurate billing address as stated on the Purchase Order or Contract

• Supplier invoice date

• Company name and remittance address

The invoice, in triplicate, in arrears shall be forwarded to the address shown below:

1416 9th Street, MIC 54 Sacramento, CA 95814 Attn: Rachelle Keeler

Email: HRSDInvoices@edd.ca.gov

II. Budget Contingency Clause

It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and/or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner.

The parties mutually agree that if the Congress and/or Legislature does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reduction in funds.

The EDD has the option to terminate the agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds.

mailto:HRSDInvoices@edd.ca.gov

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

III. California Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code section 927 et seq.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Workforce Innovation and Opportunity Act (WIOA)

The Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR, parts 37 and 38.

2. Termination Clause

This Agreement may be terminated by either party by giving written notice 30 days prior to the effective date of such termination.

3. Settlement of Disputes

Any dispute concerning a question of fact arising under the term of this Agreement which is not disposed of within a reasonable period of time (ten days) by the Contractor and the EDD employees normally responsible for the administration of this Contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution.

4. Force Majeure

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows:

Acts of war and acts of god such as earthquakes, floods and other natural disasters such that performance is impossible.

5. Inspection of Services

All services shall be subject to inspection by the EDD Representative at any and all times during the performance thereof and at the completion of the work. If the EDD Representative determines that the services or materials furnished are not in accordance with the terms and conditions described herein, the EDD Representative may opt to terminate this Agreement by providing a 30 day written notice to the Contractor.

6. Liability of Contractor

All work performed under this Agreement shall be at the risk of the Contractor until fully accepted by the EDD Representative. Until final acceptance of the work, the Contractor shall have the charge, care, and sole responsibility of the work, and shall bear the risk of injury or damage to any part thereof by the action of the elements or any cause whether arising from execution or non-execution of the work. The Contractor shall bear all expense to restore damages occasioned by any of the above actions resulting from the injuries or damages sustained or arising from the construction of this work or the consequences thereof. The EDD may retain so much of the money due the Contractor as shall be considered necessary until final disposition has been made of such suits or claims to protect persons and property from injury or damage, and shall be responsible for any injury or damage incurred. The EDD assumes no liability for Contractor's equipment or material.

7. Acceptance of Work

No payment shall become due until final inspection and acceptance is made by the EDD.

If required, the Contractor shall furnish to the EDD an affidavit showing full payment has been made by the Contractor for all labor and materials required by this Agreement.

8. Guarantees

Unless previously agreed upon a “PER TASK/WORK ORDER” basis or in specific guarantees required elsewhere in this Agreement, the Contractor shall warranty the work in general for one (1) year from the date of acceptance.

9. Correction of Work

Prior to final payment, work that does not comply with the requirements of the Agreement, either specified in writing, or by oral agreement, must be promptly replaced by the Contractor at his/her own expense with work that does comply. In making such replacement, the Contractor shall bear all expenses involved in making good all damages or destruction caused to the work of other contractors.

10. Insurance Requirements

The Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, the Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and the Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the EDD may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event.

The Contractor shall provide written notice to the EDD within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

The Contractor shall display evidence of the following coverage on an ACORD certificate:

A. General Liability Insurance – The Contractor shall furnish to the EDD a certificate of insurance prior to commencement of work stating there is general liability insurance in effect for the Contractor in an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined.

The certificate of insurance must include the following provision stating:

“The State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed for the EDD under this Contract.” The additional insured endorsement must accompany the certificate.

B. Workers' Compensation and Employers Liability - The Contractor shall furnish to the

EDD a certificate of insurance evidencing Workers’ Compensation and Employers Liability Insurance in effect with limits not less than $1,000,000 by an insurance carrier licensed to write Workers' Compensation insurance in California. Such certificate shall include the name of the carrier and the policy inception and expiration dates. If the Contractor is self-insured for Workers Compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California.

C. Automobile Liability Insurance - The Contractor shall furnish to the EDD a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor of not less than $1,000,000 per accident while utilizing a motor vehicle in the performance of this contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

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

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

“Economic Sanctions” refers to sanctions imposed by the U.S. Government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. 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 the Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Contractor advance written notice of such termination, allowing the Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

2. The term of this Agreement is:

EXHIBIT E

EXHIBIT E

ATTACHMENT 1

COST PROPOSAL

The undersigned Contractor hereby proposes to furnish all labor, materials, tools, and equipment, and hold licenses necessary to provide Live Virtual Bilingual Language Fluency Testing Services for the Employment Development Department (EDD) in accordance with the specifications and provisions received with the IFB. The Contractor shall respond to the IFB by quoting the “per test” rate for the three Bilingual Test Categories provided below. The Contract will be awarded based on the calculations as set forth on the Calculations Worksheet and summarized as follows:

I. Bilingual Test Rates

A. Live Virtual Listening/Speaking (Audio): $_________________ (Insert figure from (A) on Calculations Worksheet)

B. Writing: $___________________

(Insert figure from (B) on Calculations Worksheet)

C. Reading Comprehension: $_____________ (Insert figure from (C) on Calculations Worksheet)

LOWEST AVERAGE TEST RATE: $__________________

(Insert figure from (D) on Calculations Worksheet)

Bidder's Firm Name (DBA)

Business Address

City/State ZIP

Telephone Number (_______)_______________ FAX Number (_______)________________

E-Mail Address __________________________

Type of Business: � Individual � Partnership � Corporation � Association

Contractor's Federal ID Number (preferred) or SSAN ___________________________________

California Employer Account Number _______________________________________________

The Contractor certifies under penalty of perjury the accuracy of his/her license number, class, and expiration date. (A bid which does not contain the above information, or if the information is later proven false, shall be considered nonresponsive and rejected by the State agency.)

Small Business (SB)/Nonprofit Veteran Service Agency* � Yes � No

Small Business (SB)/Microbusiness Certification* � Yes � No

Certified Disabled Veteran Business Enterprise* � Yes � No

*If claiming any of the preferences above, provide your Office of Small Business and DVBE Services Certification Reference Number__________________.

Principal who is authorized to bind the bidder:

Typed Name

Title

Signature Date

Contractor’s contact person shall be:

Name and Phone Number

Quotes must be submitted no later than 3:00 p.m. (PT) on September 28, 2026.

CALCULATIONS WORKSHEET

Please fill in the required information in the following table:

Bilingual Test Rates

Live Virtual Listening/Speaking (Audio) (A) $

Writing (B) $ Reading Comprehension (C) $

*Lowest Average Test Rate:

(D) $_____________

* Add all 3 test rates together and divide by 3 to get the Lowest Average Test Rate.

ATTENTION ALL BIDDERS

A. Federal Employer ID Number or Social Security Number

Title 2 of the California Code of Regulations, section 11114 requires that all contracting

State agencies provide the Civil Rights Department (formerly Department of Fair Emplyment and Housing) the Federal Employer ID Numbers of all vendors awarded State contracts in excess of $5,000. Additionally, the Federal Internal Revenue Code requires the State to report certain payments to individuals. Accordingly, you must provide your Federal Employer ID Number or Social Security Account Number (SSAN) in the space provided.

B. California Employer Account Number

The number California employers use to report their Unemployment Insurance, Disability

Insurance, and Personal Income Tax payments to the State of California.

C. Original Signature Requirement on Bids

This is to remind bidders that bids must have an original signature in ink or a digital siganture to be accepted by this office. If bids do not have an original signature in ink or a digital signature, they shall be considered nonresponsive and rejected. Signature stamps are NOT acceptable.

BIDDER DECLARATION

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):

a. Identify current California certification(s) (MB, SB, NVSA, DVBE): ____________ or None ____ (If “None”, go to Item #2)

b. Will subcontractors be used for this contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary.

c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes ___ No ___

(2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes ___ No ___ N/A ___

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary):

Solicitation Number_____________________

Certification: By signing the bid response, I certify under penalty of perjury that the information provided is true and correct.

State of California—Department of General Services, Procurement Division

GSPD–05–105 (REV 08/09)

Page_____ of _____

Page 1 of 2ATTACHMENT 2

BIDDER DECLARATION Instructions All prime bidders (the firm submitting the bid) must complete the Bidder Declaration.

1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line:

1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors.

Bidders certified as MB, SB, NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999 for DVBEs and Government Code Section 14837(d)(4)(A) for small/ microbusinesses.

Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract.

1.c. This item is only to be completed by businesses certified by…