State Water Resources Control Board

March 18, 2026 Invitation for Bid (IFB) No. 25-075-230

Notice to Prospective Bidders

Prospective Bidders are invited to review and respond to the attached Invitation for Bid (IFB) No. 25-075-230 entitled, “Translation, Interpretation, and Language Services” for the State Water Resources Control Board (Water Board). When preparing and submitting a bid, compliance with the instructions found herein is imperative.

If a discrepancy occurs between the information in the advertisement and the information herein, the information in this notice and in the attached IFB shall take precedence.

Inquiries regarding the processing of this bid should be referred to Ana Conrad at ContractBidsGeneral@waterboards.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Thank you for your interest in the Water Board’s service needs.

Sincerely, Ana Conrad, Contract Analyst State Water Resources Control Board Division of Administrative Services Business Operations Branch mailto:ContractBidsGeneral@waterboards.ca.gov

Invitation for Bid (IFB) No. 25-075-230

TABLE OF CONTENTS

A. Purpose and Description of Services B. Event Schedule C. Agreement Term/Period of Performance D. Bidder Questions

1. What to Include in an Inquiry

2. How to Submit Questions

3. Question Deadline

E. Scope of Work F. Bidder Minimum Qualification Requirements G. Bid Format and Content Requirements

1. General Instructions

2. Bid Package Requirements

H. Electronic Submission of Bids I. Bid Opening J. Bid Requirements and Information

1. Nonresponsive Bids

2. Withdrawal and/or Resubmission of Bids

a. Submitting a Withdrawal Request

b. Bid Mistakes

c. Resubmitting a Bid Package

3. Evaluation and Selection

4. Agreement Award and Protests

a. Agreement Award

b. Settlement of Tie Bids

c. Protests

1) Who can Protest

2) Grounds for Protests

3) Protest Timelines

4) Submitting a Protest

5. Disposition of Bids

6. Obtaining Copies of Bids

7. Verification of Bidder Information

8. Water Board Rights

a. IFB Corrections

b. Immaterial Bid Defects

c. Correction of Clerical or Mathematical Errors

d. Right to Remedy Errors

e. No Agreement Award or IFB Cancellation

K. Preference Programs

1. Small/Micro Business Preference

2. Non-Small Business Subcontractor Preference

3. Nonprofit Veteran Service Agency (NVSA) Small Business Preference

4. Combined Preferences

5. Disabled Veteran Business Enterprise (DVBE) Participation

6. Small Business and Disabled Veteran Business Enterprise Advocate

L. Americans with Disability Act (ADA) M. Request for Language Services N. Agreement Terms and Conditions

1. Resolution of Differences Between IFB and Agreement Language O. Health and Safety P. Executive Order N-6-22 – Russian Sanctions Q. Generative Artificial Intelligence (GenAI) Requirements R. Required Bid Attachments ……………………………………………….…………………...24 S. Sample Agreement Forms / Exhibits ………………..………………………..……………..57

A. Purpose and Description of Services

The State Water Resources Control Board (Water Board) is soliciting bids from firms that can provide translation, interpretation, and language services. Bidders must have the capabilities and qualifications to perform all the services described in the IFB Section S. Sample Agreement Forms/Exhibits entitled, Exhibit A, Scope of Work.

The Water Board intends to make a single Agreement award to the most responsive and responsible firm offering the lowest bid. This solicitation is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Event Schedule

Below is the tentative event schedule for this solicitation. The Water Board reserves the right to amend the event schedule based on the State’s needs.

Event Description Date/Time IFB Available to Prospective Bidders On March 18, 2026 Questions Must be Submitted By March 25, 2026, by 2:00 PM PST

Question/Answer Summary Posted March 27, 2026 Bids Must be Received By April 1, 2026, by 2:00 PM PST Due Date to Request Bid Opening Link April 1, 2026, by 2:00 PM PST Bid Opening April 2, 2026, 10:00 AM PST *Anticipated Start Date of Agreement Upon Approval

* The “Anticipated Start Date of Agreement” shall not be considered as the actual start date of the Agreement. No work shall begin until all required approvals and signatures are obtained.

C. Agreement Term/Period of Performance

The anticipated term of the resulting Agreement is expected to be 33 months and is anticipated to be effective from Upon Approval, through December 31, 2028. The Agreement term may change if the Water Board makes an award earlier than expected or if the Water Board cannot execute the Agreement in a timely manner due to unforeseen delays.

The period of performance for this Agreement shall be as identified on the Standard Agreement Form (STD. 213). The “Start Date” identifies when services may begin and “Through End Date” identifies when services must be completed.

The Water Board reserves the right to amend once to add not more than $250,000.00, at the originally agreed upon rates, if contract usage is higher than originally anticipated. The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until written approval has been obtained from all entities. Any delivery or performance of service that is commenced prior to the signing of this Agreement or after the term of this Agreement has passed shall be considered voluntary on the part of the Contractor and non-compensable. If performance commences before all approvals are obtained, said services may be considered to have been voluntary and the Contractor may pursue a claim for payment by filing with the Department of General Services (DGS) Government Claims Program.

The maximum amount of the resulting Agreement shall not exceed $900,000.00.

D. Bidder Questions

Immediately notify the Water Board if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions or requirements.

At its discretion, the Water Board 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 its accompanying materials or fail to seek clarification and/or correction of this IFB and/or its 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.

1. What to Include in an Inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, e-mail address, area code and telephone number, and fax 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.

2. How to Submit Questions

Submit questions or inquiries using the following method:

Email:

Subject Line: Question(s)- IFB No. 25-075-230 Attn: Ana Conrad, Contract Analyst Email: ContractBidsGeneral@waterboards.ca.gov Note: An autoreply will be generated from this inbox. This autoreply will serve as confirmation of your question(s) submission.

3. Question Deadline

Submit written questions and inquiries no later than the Date and Time as identified in the “Event Schedule” table located in Section B of this solicitation.

Questions submitted after this date will not be considered.

Notwithstanding the question submission deadline, the Water Board will accept questions or inquiries about IFB errors or irregularities up to the bid due date.

E. Scope of Work

Refer to Section S. Sample Agreement Forms and Exhibits, “Exhibit A, Scope of Work” of this IFB. “Exhibit A, Scope of Work” contains a detailed description of the services and work to be performed as a result of this solicitation.

F. Bidder Minimum Qualification Requirements

Failure to meet the following requirements by the bid due date will be grounds for the Water Board to deem the Bidder non-responsive. In submitting a bid, each Bidder must provide proof that it possesses the following qualification requirements:

1. Resumes and Certifications

a. Resumes from key interpreters and translators must be provided to certify a minimum of two (2) years of experience in providing translation and interpretation services.

b. At least one (1) submitted resume from a key interpreter and translator must be provided to certify a minimum of two (2) years of experience in English/ Spanish interpretation and translation services.

c. Resumes from key interpreters and translators must be provided to certify a minimum of two (2) years of experience translating and interpreting terminology, including but not limited to the following: Legal, Water, Scientific, Engineering, and Health.

d. Resumes from key interpreters and translators must be provided to certify a minimum of two (2) years of experience in English/Spanish translation and interpretation of terminology, including but not limited to the following: Legal, Water, Scientific, Engineering, and Health.

e. Proof of one (1) of the following valid and current certifications must be provided:

(A valid and current copy of certificate or valid ID badge will be accepted)

• Spanish-English Federal Court Interpreter Certificate

• Spanish-English State of California Court Interpreter Certificate

f. Proof of valid and current certification from the following:

(A valid and current copy of certificate or valid ID badge will be accepted)

• American Translators Association: Spanish-English

g. Resume, References, and Certifications for all Translators and Interpreters working on Water Board assignments must be provided (submit at least three (3)).

2. Equipment

Bidder shall own their equipment and must be able to provide a table-top sound booth, interpreter control unit, FM transmitters, and a minimum of 250 headsets/receivers at each scheduled event. Please provide written certification attesting that your firm can provide the required equipment.

G. 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 bid, the Water Board will reject all bids submitted by that firm or individual.

b. Develop bid by following all IFB instructions and 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.

d. Submit bid via email in a timely manner by request due date as identified in the “Event Schedule” table located in Section B.

e. Do not wait until shortly before the bid submission deadline to submit the bid.

2. Bid Package Requirements

a. The “Bid Submittal Checklist” found in Section S. specifies the order and content required for each bid.

b. Sign applicable IFB attachments/forms. Ensure that the person signing is legally authorized to sign on behalf of the bidding entity. Digital and/or electronic signatures are acceptable. The Water Board may request documentation to show that the person signing is legally authorized to sign on behalf of the bidding firm.

c. When completing the attachments, follow the instructions on each attachment. Do not include supplemental information in your bid package or other materials that the Water Board has not requested in this solicitation.

d. Bid package must be complete with all required attachments and documentation.

e. When possible, use plain, white background with minimal graphics. This is to keep file size as minimal as possible due to limitations on email file sizes.

f. Ensure bid package is Americans with Disabilities Act (ADA) compliant to the extent practicable.

g. Bid package must be submitted as one PDF unless multiple emails are required due to PDF size. Note, if the Cost Sheet is advertised as a separate Excel Spreadsheet, then it should be completed and submitted as an Excel Spreadsheet.

h. Reduce PDF’s to smallest size before submitting.

i. After completing and signing the applicable attachments, assemble all items in the order shown on the Bid Submittal Checklist found in Section S.

j. Bidders are cautioned to not rely on the Water Board during the evaluation to discover and report to the Bidder any defects and errors in the submitted documents. Before making submittals, Bidders should carefully proof all documents for errors and adherence to the IFB requirements.

H. Electronic Submission of Bids

Bids must be received by the bid due date and time listed in the “Event Schedule” table in Section B of this solicitation. Bids received after this date and time will not be considered. Complete bid responses shall be submitted electronically by email as follows:

Subject Line: IFB No. 25-075-230 [Company Name] Attn: Ana Conrad, Contract Analyst Email: ElectronicBidSubmission@waterboards.ca.gov An autoreply will be generated and shall serve as the only proof of receipt of the bid submission.

a. Only bids received to this mailbox will be considered. Bids shall not be sent to any other mailbox. In the event that a bid is inadvertently sent to an incorrect mailbox, Bidders must take all appropriate corrective steps.

b. Zip files are acceptable and encouraged.

c. Email bid submissions should clearly identify the following in the Subject Line:

IFB No. 25-075-230 [Company Name] mailto:ElectronicBidSubmission@waterboards.ca.gov

d. If multiple emails are required, they should be identified in the subject line as follows: 1 of 2, 2 of 2 etc.

e. Emails will not be opened by the Procurement Official until the required bid due date and time.

f. Once submitted, an autoreply from ElectronicBidSubmission@waterboards.ca.gov will be received. If you do not receive the autoreply, then your email is too large, and it will not be received by the Water Board(s). This autoreply shall serve as the only proof of receipt of the bid.

Note: Emails should not exceed one hundred fifty (150) megabytes (MB). The Water Board(s) mail server may automatically reject excessively large emails.

Bidders may submit multiple emails if file size exceeds the recommended fifty

(50) MB. Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.)

in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved. Zip files are acceptable and encouraged for submission.

Hard copy bids will not be accepted for this solicitation. However, if you require any reasonable accommodations, please direct requests to our general inbox: ContractBidsGeneral@waterboards.ca.gov.

I. Bid Opening

All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read vis Zoom as identified in the “Event Schedule” table located in Section B. Bidders that would like to attend the Virtual Bid Opening must send an email request to the following email by the deadline identified in the “Event Schedule” table in Section B to receive a Zoom link to the virtual bid opening.

Subject Line: Bid Opening for IFB No. 25-075-230 Attn: Ana Conrad, Contract Analyst Email: ContractBidsGeneral@waterboards.ca.gov

J. Bid Requirements and Information

1. Nonresponsive Bids

In addition to any condition previously indicated in this IFB, the following occurrences may cause the Water Board to deem a bid nonresponsive.

a. Failure of a Bidder to:

1) Meet DVBE participation goals, when required.

mailto:ElectronicBidSubmission@waterboards.ca.gov

2) Meet bid format/content or submission requirements including the timely and proper delivery of proposal packages.

3) Submit all required documentation listed on the Bid Submittal Checklist.

b. If a Bidder submits:

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

The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

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

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

c. If the Water Board 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 exhibits cited in this IFB and/or the resulting Agreement.

d. If a Prospective Bidder has Delinquent Tax Obligations (Public Contract Code (PCC) section 10295.4)

During the bid process, if a Prospective Bidder appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code, the Prospective Bidder’s submittal will be deemed nonresponsive and will not be considered.

e. If other irregularities occur in a bid response that are not specifically addressed herein (i.e., the Bidder places any conditions on performance of the scope of work, submits a counteroffer/proposal, etc.).

2. Withdrawal and/or Resubmission of Bids

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 prior to the Bid Submission deadline identified in the “Event Schedule” in Section B.

a. 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 the following method:

Withdrawal IFB No. 25-075-230

3) An original or copy of signed withdrawal request is required before the

Water Board will return/release a bid package to a Bidder. The Water Board may grant an exception if the Bidder informs the Water Board that the Bidder will submit a new or replacement bid package immediately following the withdrawal.

b. Bid Mistakes

If prior to bid opening a Bidder discovers a mistake in a bid that renders the Bidder unable or unwilling to perform all scope of work services for the price/costs offered, the Bidder must immediately notify the Water Board and submit a written request to withdraw its bid following the procedures set forth above.

c. Resubmitting a Bid Package

After withdrawing a bid package, Bidders may resubmit a new bid package according to the submission instructions. Replacement bid packages must be received at the following email:

ElectronicBidSubmissions@waterboards.ca.gov by the due date and time specified in the “Event Schedule” table in Section B.

3. Evaluation and Selection

This section describes, in general, the process that the Water Board 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 will be publicly opened and read.

b. Bid Package Review

1) Shortly after the bid opening and reading, 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.

mailto:ElectronicBidSubmissions@waterboards.ca.gov

2) If deemed necessary by the Water Board, additional Bidder documentation may be collected to confirm the claims made by each Bidder and to ensure that each Bidder is responsive to all bid requirements.

3) If the materials submitted by a Bidder do not prove, support or substantiate the claims made on the Required Bid Submittal Checklist, the bid will be deemed nonresponsive and rejected from further consideration.

4) If applicable, the Water Board will adjust bid amounts for any claimed preference or incentive following confirmation of eligibility with the Department of General Services.

5) A “Notice of Intent to Award” will be sent out upon request or when the bid is not awarded to the lowest bidder.

6) The Water Board will email a written “Notice of Award” to all firms that submitted a bid.

4. Agreement Award and Protests

a. Agreement Award

1) Award of the Agreement, if awarded, will be to the responsive and responsible Bidder that offers the lowest cost. The lowest cost will be determined after the Water Board adjusts Bidder costs for applicable preferences and incentives.

2) If the Agreement is not being awarded to the bidder offering the lowest cost, the Water Board will notify the low Bidder at least five (5) working days prior to award that the Agreement is not being awarded to them.

3) The Water Board will confirm the Agreement award to the winning Bidder in writing via e-mail.

4) Upon written request from any bidder, or if award does not go to the lowest bidder, the Water Board will post a notice of the proposed Agreement award on https://www.waterboards.ca.gov/contracts/

5) Steps to view “Intent to Award”:

• Click on link: https://www.waterboards.ca.gov/contracts/

• Click on Contract Number for IFB Number 25-075-230 to view Intent to

Award

6) The “Intent to Award” will be available to the public for five (5) days prior to confirming the Agreement award to the winning bidder if no protests are filed or following the Department of General Service’s resolution of all https://www.waterboards.ca.gov/contracts/ https://www.waterboards.ca.gov/contracts/ protests. The Water Board may confirm an award verbally, via e-mail, or in writing.

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 DVBE that is also a certified small business, the Agreement will be awarded to the DVBE Bidder per Government Code Section 14838(f) et seq.

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 and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the Agreement will be awarded to the certified DVBE.

4) In the absence of a California law or regulation governing a specific tie, the Water Board will settle all other tie bids in a manner the Water Board determines to be fair and equitable (e.g., coin toss, lot drawing, etc.). In no event will the Water Board 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 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 PCC Section 10345. The Water Board will not make an award until all protests are withdrawn by the protestant, denied, or resolved to the satisfaction of the Department of General Services (DGS).

3) Protest Timelines

a) Within five (5) calendar days after filing a “Notice of Intent to Protest,” the protestant must file with both the Water Board and the Department of General Services a full and complete written protest statement identifying the specific grounds for the protest. The statement must contain, in detail, the reasons, law, rule, regulation, or practice that the protestant believes the Water Board have improperly applied in awarding the Agreement.

4) Submitting a Protest

A protest may be submitted to the appropriate agencies identified below.

Label, address, and submit an initial protest notice and/or a detailed protest statement using one method below.

State Water Resource Control Board (Water Board):

Protest to Water Board’s IFB No. 25-075-230 State Water Resources Control Board, Attn: Ana Conrad, Contract Analyst Email Address: ContractBidsGeneral@waterboards.ca.gov

Department of General Services (DGS) Hand Delivery, Mail, Overnight Express Email:

Protest to Water Board’s IFB No. 25-075-230 Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95798-9052

Protest to Water Board’s IFB No. 25-075-230 Department of General Services Office of Legal Services Email Address:

OLSProtests@dgs.ca.gov

5. Disposition of Bids

a. All materials submitted in response to this IFB will become the property of the

Water Board and, as such, are subject to the Public Records Act (GC Section 7920.00, et seq.). The Water Board will disregard any language purporting to render all or portions of any bid package confidential.

b. Upon making an award, all documents submitted in response to this IFB and all documents used in the selection process (e.g., review check lists, letters of intent, etc.) will be regarded as public records under the California Public Records Act (G C Section 7920 et seq.) and shall be subject to review by the public.

6. Obtaining Copies of Bids

a. Any person or member of the public can inspect or obtain copies of bid materials.

b. Once bids are opened, all bids, Bidders list, conference sign-in/attendance sheet, check lists and/or evaluation sheets become public records.

mailto:OLSProtests@dgs.ca.gov

c. Persons wishing to obtain copies of bid materials may email a written request to the Water Board office identified below.

Submit requests for copies to:

Request for Copies - IFB No. 25-075-230

7. Verification of Bidder Information

By submitting a bid, Bidders agree to authorize the Water Board to:

a. Verify any and all claims made by the Bidder including, but not limited to verification of prior experience and the possession of other qualification

8. Water Board Rights

In addition to the rights discussed elsewhere in this IFB, the Water Board(s) reserves the rights listed below:

a. IFB Corrections

1) The Water Board 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 or the IFB “Event

Schedule” table.

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

c) Waive any IFB requirement or instruction for all Bidders if the Water

Board deems the requirement or instruction unnecessary, erroneous or unreasonable. If deemed necessary by the Water Board, the Water Board may also waive any IFB requirement or instruction after the bid submission deadline.

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

2) If deemed necessary by the Water Board to remedy an IFB error or defect that is not detected in a timely manner, the Water Board may also issue correction notices or waive any unnecessary, erroneous, or unreasonable IFB requirement or instruction after the bid submission deadline.

3) If applicable, the Water Board will post on California’s Online Marketplace at https://caleprocure.ca.gov/pages/index.aspx clarification notices or addenda. Be sure to check this website often.

4) The Water Board at its sole discretion, 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 needed to correct or remedy an immaterial defect in a bid package.

b. Immaterial Bid Defects

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

2) The Water Board’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

c. Correction of Clerical or Mathematical Errors

1) The Water Board reserves the right, at its sole discretion, to overlook, 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 Water Board 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 Water Board will use the unit price to settle the discrepancy.

d. Right to Remedy Errors

The Water Board(s) reserves the right to remedy errors caused by:

https://caleprocure.ca.gov/pages/index.aspx

1) The Water Board’s office equipment malfunctions or negligence by agency staff.

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

e. No Agreement Award or IFB Cancellation

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

K. Preference Programs

To confirm the identity of the lowest responsive Bidder, the Water Board will adjust the total bid cost for applicable claimed preference(s). The Water Board will apply preference adjustments to eligible Bidders according to State regulations following verification of eligibility with the appropriate office of the Department of General Services (DGS).

1. Small/Micro Business Preference

a. A responsive California small/micro business or Bidder, certified in a relevant business category or type, will be granted a preference of five percent (5%) of the lowest responsive bid, if that bid is submitted by a non-small/micro business. Non-small business means a responsive/responsible Bidder that is not certified by the California Department of General Services as a small business or microbusiness. The “service” category is the business type that will most likely apply to this solicitation. Nonprofit Veteran Service Agencies (NVSA) are to view the instructions in provision 3 of this section (Preference Programs).

b. In granting small/micro business preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

c. To be eligible for a bidding preference, the California certified small business must perform a “commercially useful function” under the Agreement.

d. To be certified as a California small/micro business, the business concern must meet the State’s eligibility requirements and must have submitted an application for small/micro business status prior to the bid submission deadline.

e. Firms desiring small/micro business certification must obtain the Small

Business Certification Application (i.e., STD 812 or other form) from the appropriate office of the Department of General Services, fully complete the application, and submit it to the Department of General Services as instructed in the application. Prospective bidding firms desiring small business certification assistance, may contact DGS by the following means:

1) (916) 322-5060 (24 hour recording and mail requests),

2) (916) 375-4940 (Small business assistance) or (800) 559-5529 (live operator-Central receptionist), or

3) Internet address: http://www.pd.dgs.ca.gov/smbus/default.htm or

4) Fax: (916) 375-4950, or

5) Email: osdshelp@dgs.ca.gov

2. Non-Small Business Subcontractor Preference

a. Non-small business means a Bidder that is not certified by DGS as a small business or microbusiness.

b. If the tentative low Bidder is not a certified DVBE or small/micro business, a bid preference of five percent (5%) is available to a responsive non-small business claiming twenty-five percent (25%) small business subcontractor participation with one or more small businesses. This preference is authorized pursuant to California Code of Regulations, title 2, section 1896.2 and Government Code section 14835.

c. If a Bidder claims the non-small business subcontractor preference, the bid response must identify each proposed small business subcontractor, the participation percentage amount committed to each identified subcontractor, and substantial proof to enable verification of each subcontractor’s small business status. The total small business subcontractor participation must equal no less than twenty-five percent (25%) of the total bid price or cost offered.

d. To be granted preference, each proposed small business subcontractor must possess an active small business or micro business certification issued by the California Department of General Services, must perform a “commercially useful function” under the Agreement and the basic functions to be performed must be identified at the time of bidding.

e. In granting the non-small business subcontractor preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

f. Complete the Non-Small Business Subcontractor Preference Request and

Small Business Subcontractor Supplier Acknowledgement to request the non-small business subcontractor preference.

g. Any firm that is granted the Non-Small Business Subcontractor preference cannot displace an award to a certified small business.

3. Nonprofit Veteran Service Agency (NVSA) Small Business Preference http://www.pd.dgs.ca.gov/smbus/default.htm mailto:osdshelp@dgs.ca.gov

a. Pursuant to Military and Veteran Code Section 999.50 et seq., responsive/responsible nonprofit veteran service agencies (NVSAs) claiming small business/microbusiness preference and verified as such in the relevant category or business type prior to the bid submission due date will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a Bidder not certified as a small business/microbusiness. The “service” category is the business type that will most likely apply to this solicitation.

b. In granting small business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

c. To be eligible for the NVSA small business preference, the business concern must:

1) Request preference at the time of bid submission, and

2) Become certified as a small business or micro business by the appropriate office of the DGS prior to the bid submission due date.

4. Combined Preferences

a. The combined cost of preferences granted shall not exceed one hundred thousand dollars ($100,000). In bids in which the state has reserved the right to make multiple awards, this fifty-thousand-dollar ($50,000) maximum preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of small businesses, including microbusinesses, in the contract award.

5. Disabled Veteran Business Enterprise (DVBE) Participation

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 State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPS-05-105 and confirmed by the State. The incentive amount for awards based on low price is as follows:

Confirmed DVBE Participation of: DVBE Incentive:

5% and 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%

To confirm the identity of the lowest responsive Bidder, 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 No. 1 ranked responsive, responsible bid is a California certified small business, the only Bidders eligible for an incentive will be California certified small businesses.

6. Small Business and Disabled Veteran Business Enterprise Advocate

For all SB and DVBE related assistance and/or questions including Prompt Payment Act issues for SBs, please contact the Water Boards’ SB/DVBE Advocate at DAS-SBDVBEAdvocate@waterboards.ca.gov.

L. Americans with Disability Act (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the State to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you may contact the assigned Water Board Contract Analyst listed in this solicitation document.

Note: To ensure that the Water Board can meet your need, it is best that the State Water Board Contract Analyst receives your request for reasonable modification at least ten (10) working days before the scheduled event or the due date for procurement documents.

Procurement Division TTY:

Sacramento Office: (916) 376-1891 California Relay Service:

Voice: 1-800-735-2922 or 1-888-877-5379 TTY: 1-800-735-2929 or 1-888-877-5378 Speech to Speech: 1-800-854-7784

M. Request for Language Services

With respect to this IFB, the Water Board shall provide interpretation and translation services in any language at no cost to you.

To request these services, please use the following link: Public Request for Language Services | California State Water Resources Control Board

N. Agreement Terms and Conditions

The winning Bidder must enter an Agreement that may contain the Bidder’s bid form or budget, a Scope of Work, standard Agreement provisions, and one or more of the Agreement forms and/or exhibits identified in Section T: Sample Agreement Forms / Exhibits.

mailto:DAS-SBDVBEAdvocate@waterboards.ca.gov https://www.waterboards.ca.gov/about_us/public_participation/language-access.html https://www.waterboards.ca.gov/about_us/public_participation/language-access.html

The exhibits identified in this IFB contain Agreement terms that require strict adherence to various laws and contracting policies. A Bidder’s unwillingness or inability to agree to the terms and conditions shown below or contained in any exhibit identified in this IFB may cause the Water Board to deem a Bidder non-responsible and ineligible for an award.

The Water Board will not accept alterations to the General Terms and Conditions (GTC), Special Terms and Conditions, the Scope of Work or alternate Agreement/exhibit language submitted by a prospective Contractor. The Water Board will consider a bid containing such provisions “a counter proposal” and may reject such a bid.

The Contractor shall begin work when the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the Water Board, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the Water Board for the difference between Contractor's bid price and the actual cost of performing work by another Contractor.

All performance under the Agreement shall be completed on or before the termination date of the Agreement.

No oral understanding or Agreement shall be binding on either party.

1. Resolution of Differences Between IFB and Agreement Language

If an inconsistency or conflict arises between the terms and conditions appearing in the final Agreement and the proposed terms and conditions appearing in this IFB, any inconsistency or conflict will be resolved by giving precedence to the Agreement.

2. California Civil Rights Laws Certification

Pursuant to Public Contract Code section 2010, if a bidder executes or renews a contract over $100,000 on or after January 1, 2017, the bidder hereby certifies compliance with the following:

a. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

b. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

O. Health and Safety

Contractors are required to, at their own expense, comply with all applicable health and safety laws and regulations. Upon notice, Contractors are also required to comply with the state agency’s specific health and safety requirements and policies.

Contractors agree to include in any subcontract related to performance of this Agreement, a requirement that the subcontractor comply with all applicable health and safety laws and regulations, and upon notice, the state agency’s specific health and safety requirements and policies.

P. Executive Order N-6-22 – Russian Sanctions

The Contractor represents that the Contractor is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Contractor is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). The Contractor is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Contractors with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.

For Contractors with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:

a. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;

b. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and

c. Direct support to the government and people of Ukraine.

Q. Generative Artificial Intelligence (GenAI) Requirements

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.

https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions

Bidder 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 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 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.

R. Required Attachments

ATTACHMENT 1

BID SUBMITTAL CHECKLIST

A complete bid package consists of one (1) original bid package with original signatures of each item identified below. Place a check mark or “X” in the box corresponding to each item that you are submitting to the Water Board. For your bid to be responsive, all required attachments detailed below must be returned. Bidders must comply with all requirements of this solicitation.

Bidders must also provide this checklist as part of the bid package.

Attachment Attachment Name/Description Confirmed by Water Board

1 Yes No Bid Submittal Checklist Yes

No

2 Yes No Bidder Certification Sheet Yes

No

3 Yes No Cost Sheet Yes

No

4 Yes No Payee Data Record (STD 204) Form Yes

No

5 Yes No

Contractor Certification Clauses (CCC-04/2017).

(Page 1 must be signed and submitted)

Yes No

Yes No N/A

*California Disabled Veteran Business Enterprise (DVBE) Program Requirement (Revised 10-2021) and DVBE Declarations (STD. 843).

Yes No N/A

Yes No Bidder Declaration (GSPD-05-105) Yes

No

No Darfur Contracting Act

No

Yes No N/A

*Small Business Preference/Certification If you are a certified Small Business (SB), include a copy of your SB certification Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise

Yes No N/A

Yes No N/A

*Non-Small Business Preference/Subcontractor Small Business (SB) Certification(s) If you are a non-SB claiming 25% California certified SB subcontractor participation, include copy(ies) of each subcontractor’s SB certification

Yes No N/A https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise

Yes No N/A

*Commercially Useful Functions Compliance Yes No N/A

Yes No N/A

*California Civil Rights Laws Certification (Page 1 must be signed and submitted)

Yes No N/A

Yes No N/A

**Insurance Certificate Yes No N/A

Yes No N/A

*Certificate of Good Standing If required by law, Bidder must be on file and in good standing with the California Secretary of State (SOS).

Provide a printout from the Secretary of State website or a copy of a Certificate of Good Standing

Yes No N/A

15 Yes No

Federal Court Interpreter Certificate

OR

State of California Court Interpreter Certificate

Yes No

16 Yes No American Translators Association Certificate Yes

No

17 Yes No Resumes Yes

No

18 Yes No Certification of Equipment Capability Yes

No

*Indicate N/A if not applicable.

** These documents are not required with the bid package but are required within ten (10) business days of request or contract award. Please see Exhibit D for insurance certificate requirements. Failure to submit insurance documents will result in cancellation of contract award.

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

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package. Original signatures are required.

A. All-inclusive bid is submitted as detailed in Attachment 3, “Cost Sheet”.

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

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

An unsigned bid/bidder certification sheet may be cause for rejection.

1. Company Name 2. Telephone

2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN)

8. California Corporation No.

Indicate applicable license and/or certification information:

9. Contractor’s State Licensing

Board Number:

10. PUC License Number

CAL-T-

11.…