STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES

715 P STREET, 7th FLOOR P.O. BOX 942836

SACRAMENTO, CA 94236-0001

Rev. 12-10-2025

INVITATION FOR BID

Notice to Prospective Bidders

February 9, 2026

You are invited to review and respond to this Invitation for Bid (IFB) number 10214817 for repair and maintenance services for motor control centers and switchgear components. The anticipated term of this agreement is five (5) years with the option to renew for three (3) years. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, incorporates, by reference, the State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services (DGS) website:

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

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

The CCC package contains clauses and conditions that may apply to your Agreement and to anyone doing business with the State. The Certification will be kept on file in a central location. Inquiries regarding the processing of this bid should be referred to Marissa Garcia at (916) 902-5368. 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.

Sincerely, Armando Ortiz

Armando Ortiz, Manager Electrical Engineering Services Division of Oeprations and Maintenance Department of Water Resources

Attachment(s) 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 #10214817

TABLE OF CONTENTS

Page Purpose and Description of Services 4 Bidder Minimum Qualifications 4 Bid Requirements and Information 6 Bid Key Action Dates 6 Mandatory Pre-Bid Conference 7 Submission of Bid 7 Evaluation and Selection Process 9

Tax Delinquent Status Verification Generative Artificial Intelligence (GenAI) Disclosure

Department of Industrial Relations Registration of Contractors and Prevailing Wage Monitoring and Enforcement 10

Award and Protest 11 Disposition of Bids 12 Standard Conditions of Service 12 Payee Data Record (Std. 204) 12

Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

Economic Incentive Programs 12 Small Business Preference Program 13 Disabled Veteran Business Enterpise Program 16 Pending Small Business or Disabled Veteran Business Enterprise Certification Application 18 Bid Checklist 19 Attachment I – Bid Sheet 21 Attachment II – Bid/Bidder Certification Sheet 24 Completion Instructions for Bid/Bidder Certification Sheet 25 Attachment III – Bidder References 26 Attachment III(a) – Location of Contractor’s Service Shop 28

Attachment IV – Darfur Contracting Act Certification 29

Attachment V – Generative Artificial Intelligence (GenAI) Disclosure (DWR 9834) 30 Attachment VI – Bidder Certification of DVBE Participation (DWR 9526) 31 Attachment VII – DVBE Declarations (DGS PD 843) 32 Attachment VIII – Bidder Declaration (DGS PD 05-105) 33 Attachment IX – California Civil Rights Laws Attachment 34 Attachment X – Iran Contracting Act 35 Sample Contract – Standard Agreement (Std. 213) 36

Exhibit A – Scope of Work 37 Attachment 1 – Sample Service Request 46 Attachment 2 – Sample Letter of Authorization 47 Exhibit B – Budget Detail and Payment Provisions - Private Entities 54

Attachment 1 – Bid Sheet Placeholder 55 Attachment 2 – Department of Industrial Relations (DIR) Registration Certification 56

Exhibit C – General Terms and Conditions 57 Exhibit D – Special Terms and Conditions for Department of Water Resources – Over

$10,000 Standard Payable (DWR 9544) 58

Attachment 1 – Recycled Content Certification Form (DWR 9557) 61 Exhibit E – Additional Provisions 63

Attachment 1 – Travel and Per Diem Expenses (DWR 9580) 70 Attachment 2 – Standard Clauses – General Conditions for Public Works and/or Drilling

Contracts (DWR 4197) 72

Attachment 3 – Protection of Confidential and Sensitive Information 74 Attachment 4 – Non-Disclosure Certificate 76 Attachment 5 – Small Business Subcontractor Payment Certification (DWR 9683) 77 Exhibit F – Bidder’s Bond (DWR 4021) 78 Exhibit G – Non-collusion Declaration (DWR 4206) 79 Exhibit H – Payment Bond (DWR 3373) 80 Exhibit I – Performance Bond (DWR 156) 81

A. Purpose and Description of Services

The Contractor (Contractor) will provide engineering, maintenance, refurbishment, repair, modification, testing, procurement, and commissioning for switchgear, motor control centers (MCC), switchboards, and related components.

B. Bidder Minimum Qualifications

General

1. The Department has determined that Bidders responding to this solicitation must comply with Disabled Veteran Business Enterprise (DVBE) Program participation requirements, which is a minimum of three percent (3.0%) committment. Bidders must complete and submit the following forms: Attachment VI, Bidder Certification of DVBE Participation (DWR 9526), Attachment VII, DVBE Declaration (DGS PD 843); Attachment VIII, Bidder Declaration (DGS PD 05-105) and DVBE bidder’s and/or subcontractor(s)’ Department of General Services Office of Small Business and Disabled Veteran Business Enterprise Services (DGS/OSDS) certification(s). Failure to fulfill the DVBE requirement will render your bid non-responsive and shall be cause for bid rejection.

2. Bidder and any identified subcontractors must be registered as a Public Works Contractor with the Department of Industrial Relations (DIR) at the time of bid submittal and for the duration of the contract period.

3. Bidder must maintain a valid General Engineering Contractors license (Class A) issued by the Department of Consumer Affairs, Contractors State License Board (CSLB) for the duration of the contract period. Bidder must submit a copy of their license.

4. Bidder must maintain a valid Electrical Contractor license (C-10) issued by the CSLB for the duration of the contract period. Bidder must submit a copy of their license.

5. Bidder must maintain a valid California Business license (city, county, or State) for the duration of the contract period. Bidder must submit a copy of their license.

6. Bidder will provide personnel qualified to perform in compliance with applicable national standards to include:

a. Underwriters Laboratories (UL).

b. American National Standards Institute (ANSI).

c. American Society for Testing and Materials (ASTM).

d. American Society of Mechanical Engineers (ASME).

e. American Welding Society (AWS).

f. Society of Protective Coating (SSPC)

g. Institute of Electrical and Electronics Engineers (IEEE).

h. United States Military Standards (MIL).

i. National Electrical Manufacturers Association (NEMA); and

j. Any other applicable industry standards, depending on the type of equipment being serviced.

7. Well-established, documented quality assurance/quality control (QA/QC) and safety programs in accordance with industry requirements for the type of work expected under this contract. Bidder must provide a copy of their standard QA/QC plan and safety plan, or a copy of QA/QC plans and safety plans used on previous project(s) from the last five (5) years.

8. References from five (5) customers that have had motor control center (MCC), switchboard, switchgear, and related equipment service work performed within the last three (3) years by the bidder. Reference will have the bidder’s pertinent prior experience and capabilities in providing MCC/switchgear maintenance services for the previously mentioned equipment.

9. Bidder must have key personnel with at least five (5) years of experience working on Low Voltage (LV) and Medium Voltage (MV) switchgears and related equipment. Bidder will provide resumes of key personnel with submission of bid.

Shop/Facility Requirements

1. The service shop must be located within the State of California. Bidder must provide their service shop address by completing and submitting Attachment IIIa, Location of Contractor’s Service Shop.

2. Capability to repair or replace all or any component of the switchgear or MCC, including:

a. Enclosure.

b. Control Transformers.

c. Control/protection System including Programmable Logic Controllers (PLCs), instrument transformers (voltage and current), switches, circuit breakers, protective relays, voltage regulators, interlocks, and annunciator panels.

d. Power Circuit Breakers.

e. Power and communications conductors, bus, and busways.

f. Distribution Panelboard.

g. Backup Power including transfer switch (Automatic Transfer Switch [ATS], Manual

Transfer Switch [MTS], Uninterruptible Power Supply [UPS], and Direct Current [DC] System).

h. Grounding System.

i. Communications Systems including Local Area Network (LAN).

3. All necessary test equipment to perform component, system, and site testing. The test equipment will have the capability to perform all required testing for all components that were refurbished, repaired, or replace all or any part of the switchgear, MCC, and all components as specified in Exhibit A (Scope of Work) in a dry and clean environment.

4. Qualified staff or third-party vendor that is able to perform testing at the shop and site of all switchgear equipment provided and specified in the Letter of Authorization (LOA). The shop testing will be in accordance with ANSI/NETA ATS or Original Equipment Manufacturer (OEM) procedures, and the field testing will be in accordance with ANSI/NETA ATS and will include:

a. Visual and Mechanical inspection: Inspect the physical condition of switchgear or components of the switchgear that is being supplied including enclosure.

b. Electrical Testing including,

i. Power Circuit Breakers testing (primary and secondary injection, resistance, trip, timing minimum pickup, travel, and Power Factor),

ii. Control Transformers testing (CT/VT ratio, burden, polarity, phase angle error, knee point /magnetization curve, and withstand voltage testing),

iii. Instrument and power transformers,

iv. Contact resistance in breakers, busbars joints and critical connections,

v. Grounding System,

vi. Hi Pot,

vii. Insulation resistance,

viii. Continuity, and

ix. Operational testing of the communications system, protection relays and meters.

DWR reserves the right to determine bidder responsiveness and responsibility. This determination may include, an inspection of the low bidder’s service shop/facility according to this IFB’s Shop/Facility Requirements Items 1-4 above and the verification of the low bidder’s listed references prior to a contract being awarded. If the low bidder does not meet DWR’s specified requirements, then the service shop/facility and references of the next lowest bidder may be inspected and verified, and so forth with respect to the other bidders.

By submitting a bid, you are affirming that you meet all the minimum qualifications listed above but must submit all required documents as stated on Attachment I (Bid Checklist).

C. Bid Requirements and Information

1. BID KEY ACTION DATES

All bidders must adhere to the following time schedule.

Bid Openings: Sealed bids will be publicly opened and read via a TEAMS link. You may participate using the link provided below.

Topic: Public Bid Opening IFB #10214817- Motor Control Centers and Switchgear Services Time: March 18, 2026 at 9:00 AM

Join TEAMS Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjFhMjMxMDYtYTY3NS00ZTFkLWE0MmItYjkxMGM3OTI0YjQ0%40thread .v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd- 7fd177884564%22%2c%22Oid%22%3a%226123260d-4443-45db-86bd- 4d1b5796d31d%22%7d

IFB available to prospective bidders on February 10, 2026 Mandatory Pre-bid Conference to be held on March 3, 2026 at 9:00 AM Mandatory Pre-bid Conference doors close at March 3, 2026 at 9:10 AM

No bidder will be allowed into the conference once doors close.

Bids must be received by March 17, 2026 by 3:30 PM Bid opening to be held on March 18, 2026 at 9:00 AM Anticipated start date of agreement is May 2026 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjFhMjMxMDYtYTY3NS00ZTFkLWE0MmItYjkxMGM3OTI0YjQ0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226123260d-4443-45db-86bd-4d1b5796d31d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjFhMjMxMDYtYTY3NS00ZTFkLWE0MmItYjkxMGM3OTI0YjQ0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226123260d-4443-45db-86bd-4d1b5796d31d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjFhMjMxMDYtYTY3NS00ZTFkLWE0MmItYjkxMGM3OTI0YjQ0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226123260d-4443-45db-86bd-4d1b5796d31d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjFhMjMxMDYtYTY3NS00ZTFkLWE0MmItYjkxMGM3OTI0YjQ0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226123260d-4443-45db-86bd-4d1b5796d31d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjFhMjMxMDYtYTY3NS00ZTFkLWE0MmItYjkxMGM3OTI0YjQ0%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226123260d-4443-45db-86bd-4d1b5796d31d%22%7d

Meeting ID: 295 741 872 493 28 Passcode:ug7wh7Hm

Or by Telephone (audio only):

Dial: (916) 573-2034 Phone Conference ID: 449 722 605#

*Please note that the bid opening via TEAMS will be visual only with no opportunity for questions and answers.

2. LOCATION WHERE WORK WILL BE PERFORMED

The services requested will be performed in various State Water Project (SWP) facilities throughout the State of California, as well as in the Contractor’s service facility.

3. MANDATORY PRE-BID CONFERENCE

a. Contractors must attend the mandatory pre-bid conference in order to have their bid accepted.

The mandatory pre-bid conference will be held at:

Delta Field Division

Admnistrative Building 5280 Bruns Road

Byron, California 94514-1917

b. Substantive questions regarding bidding and contracting requirements will be addressed at the pre-bid conference only. No questions with regards to requirements and provisions detailed in the Scope of Work will be addressed before or after the conference.

c. The pre-bid conference will be the sole forum for addressing questions regarding bid and contract requirements. If appropriate, DWR may issue an Addendum to this IFB as a result of items discussed at the pre-bid conference.

d. Prospective bidders attending this pre-bid conference will receive information regarding the bid. In the event a prospective bidder is unable to attend a mandatory pre-bid conference, an authorized representative may attend on the prospective bidder’s behalf. The representative may sign in for only one (1) company. If this is not an option available to you, please contact the State for possible alternative accommodations.

e. If a prospective bidder needs assistance because of physical impairment, reasonable accommodation will be provided by DWR if requested. To request reasonable accommodation, please call Marissa Garcia at (916) 902-5368 no later than 3:30 p.m. on the fifth (5th) business day prior to the scheduled date of the pre-bid conference.

4. SUBMISSION OF BID

a. Bids must be submitted by United States Postal Service (USPS) mail, hand delivery, United

Parcel Service (UPS), express mail, or Federal Express.

i. Bids submitted by USPS must be addressed to:

Contract Services Attn: Marissa Garcia

P.O. Box 942836 715 P Street, 5th Floor

Sacramento, California 94236-0001

ii. Bids submitted by hand delivery, must be given to Marissa Garcia on or before the bid due date and time. Please coordinate a day and time via phone (916) 902-5368 or e-mail marissa.garcia@water.ca.gov.

iii. Bids submitted by UPS, express mail, or Federal Express must be addressed to:

Contract Services

Attn: Marissa Garcia 715 P Street, 5th Floor

Sacramento, California 95814

b. All bids must include original signatures on the following documents: Bid/Bidder Certification Sheet and any other documents specified in the Bid Checklist.

c. Bids not including the documents identified in the Bid Checklist shall be deemed non-responsive and will be rejected.

d. All bids are to be sent to DWR within the time frame indicated in the Time Schedule. Bids received after the due date and time will be returned unopened to the prospective bidder.

e. All bids must be submitted under sealed cover. The sealed cover must be plainly marked with the IFB title and number, must show your firm’s name and address, and must be marked with

“DO NOT OPEN.”

f. Bids not submitted under sealed cover will be rejected. A minimum of two (2) signed bids must be submitted. One (1) bid must be submitted in hardcopy. One (1) bid must be submitted in an electronic format (Word and/or PDF File) on a USB Drive. Both bids must be signed and submitted in the same envelope. USB Drives can be returned at the request of the bidder once the solicitation is concluded.

g. Bids must be submitted for the entire service described within the Scope of Work. Deviations from the specifications will not be considered and will be cause for rejection of the bid.

h. The State does not accept alternate language from a bidder. 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.

i. A bid may be rejected if conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with the objectives if awarded the Agreement. The State may reject all bids if deemed necessary.

j. Costs for developing bids and preparation of award of the Agreement are entirely the responsibility of the bidder and shall not be chargeable to the State.

mailto:marissa.garcia@water.ca.gov

k. This IFB must be signed by an individual who is authorized to bind the bidding firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid will be rejected.

l. A bidder may modify a bid after its submission by withdrawal and resubmission before the bid due date. Modification of a bid offered in any other manner, oral or written, will not be considered.

m. A bidder may withdraw their bid by submitting a written request to the State for its withdrawal, signed by the bidder or an agent authorized in accordance with Paragraph l above. A bidder may thereafter submit a new bid before the bid submission deadline. Bids may not be withdrawn after the bid due date. Bids received after the due date and time will be returned unopened to the prospective bidder.

n. DWR may modify the IFB prior to the date fixed for submission of bids by the issuance of an

Addendum to all parties who received a bid package.

o. If all bids are too high, DWR is not required to award an Agreement.

p. Bids are public upon bid opening.

q. Bidders are cautioned not to rely on the State during the evaluation to discover and report all defects and errors in the bid documents. Bidders should carefully proof read documents for errors and adherence to the IFB requirements prior to bid submittal.

r. Where applicable, the bidder should carefully examine the worksite and specifications. Bidder shall investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made because of failure to thoroughly examine the worksite and specifications.

s. Public Bid Openings may be conducted in person or online. Bid openings conducted online will be done virtually using TEAMS. You may participate using the link provided in the solicitation under Section C Paragraph 1 above.

5. EVALUATION AND SELECTION PROCESS

a. The State will put each bid through a process of evaluation to determine the responsiveness of bidders to the State's needs. The final selection will be made on the basis of the lowest responsible bid meeting the specifications.

b. Bids containing false or misleading statements or providing references that do not support an attribute or condition claimed by the bidder may be rejected. If, in the opinion of the State, information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

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

d. Bids submitted that include option years will be evaluated based on the total bid amount for all years provided for the overall bid ranking. However, the total bid amount, for determining the contract amount will not include the option years.

e. The contract will be awarded to the lowest responsible bidder after consideration of any applicable preferences. If there are tied bids, representatives of the State will draw straws to pick the winning bidder. The drawing will be witnessed and documented by two (2) or more

State employees.

6. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012 Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the web sites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

7. GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) DISCLOSURE

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

8. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION OF CONTRACTORS AND

PREVAILING WAGE MONITORING AND ENFORCEMENT

a. In addition to complying with other applicable laws, effective for all bids on public works received on or after March 1, 2015, each bidder submitting a bid for such contract work must be a Department of Industrial Relations Registered Contractor pursuant to Labor Code §

1725.5 (“DIR Registered Contractor”). A Bidder who is not a DIR Registered Contractor when submitting a bid for the contract work is deemed “not qualified.” Pursuant to Labor Code § 1725.5, all subcontractors identified in a Bidder’s Subcontractor’ List shall also be DIR Registered Contractors.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10295.4.&lawCode=PCC https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

b. Effective for contracts for public works awarded on or after April 1, 2015, all awarded Prime

Contractors, and all subcontractors of any tier, at all times during the performance of the work, shall be DIR Registered Contractors. Also, all such contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (of the Division of Labor Standards Enforcement). The contracts are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

c. Effective January 1, 2016, all public works projects whether new or ongoing are subject to the requirement to furnish electronic certified payroll records directly to the Labor Commissioner.

d. All contractors who are awarded a contract shall also post any required notice adopted by DIR regarding prevailing wage monitoring and enforcement program.

9. AWARD AND PROTEST

A bidder may protest the award of a contract on the grounds that it (the bidder) is the lowest responsible bidder meeting the specifications and should therefore be awarded the contract.

A protestant must be able to prove that the awarding agency has committed a material error in the conduct of the bid award process.

Public inspection of all bids will be allowed after the bid opening.

Protests must be received in a timely manner pursuant to Public Contract Code Section 10345, as applicable. In order to be considered timely, a protest must be filed with the State Agency conducting the solicitation and DGS before the contract award is made.

Please note that if the award will be made to other than the low bidder, any protests must be filed within five business days of notice to the low bidder that the contract was awarded to another bidder. If a written request was submitted by a bidder to the State agency requesting that a notice of intent to award be posted, the protest must be filed during the five business days the notice is posted.

Within five business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

Both the original protest and/or the detailed statement of protest, if any, must include the IFB number, the name of the State Agency conducting the solicitation, State agency contact person, and protestant’s fax number, if any.

The protest documents may be sent by regular mail, email, courier, or personal delivery to:

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

AND

Contract Specialist Email Address: marissa.garcia@water.ca.gov

Upon receipt of the protest, DGS shall send the protestant an acknowledgement letter and mailto:OLSProtests@dgs.ca.gov mailto:marissa.garcia@water.ca.gov thereafter communicate with the parties regarding further disposition of the protest.

10. DISPOSITION OF BIDS

Upon bid opening, all documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 7920 et seq.) and are subject to review by the public. Bids may be returned at the request and expense of the bidder.

D. Standard Conditions of Service

1. Service(s) shall not commence until the Agreement is fully executed and all approvals have been obtained.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement unless this Agreement is amended to extend the term.

3. No oral understanding or agreement shall be binding on either party.

E. Payee Data Record

1. The Contractor awarded this Agreement must have completed and submitted form STD 204, Payee Data Record, to determine if the Contractor is subject to a seven percent State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

2. No payment shall be made unless the Payee Data Record form has been completed and returned to the State.

F. Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors)

The selected contractor awarded this Agreement must complete and submit the form DWR 9524a, Key Employee Policies and Guidelines Notice Acknowledgment. These policies and guidelines communicate expectations for contractors. Every contractor or subcontractors employee is expected to read and understand the material contained within. Primary contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. Economic Incentive Programs

Bidders may be eligible for additional preferences when their place of business is located within certain economic regions and when they hire persons living and working within those economic regions. Please access the following links to read information about these economic incentive programs.

TACPA CONTRACT PREFERENCE

This solicitation contains Target Area Contract Preference Act (TACPA) preference request forms. Please carefully review the forms and requirements. Bidders are not required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of the bid.

The State as part of its evaluation process reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from bidders, manufacturers, subcontractors and any other sources available at the time of the bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State's request may result in denial of preference requested.

Contracts awarded with applied preferences will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce preference programs.

Links to forms and contact information are below.

• TACPA Preference Request (STD 830)

• Manufacturer’s Summary of Contract Activities and Labor Hours (DGS PD 525)

• Bidder’s Summary of Contract Activities and Labor (DGS PD 526)

Any questions regarding the TACPA preference should be directed to DGS, Procurement Division at (916) 375-4609 or TACPA@dgs.ca.gov.

H. Small Business Preference Program

1. The Small Business Procurement and Contract Act Government Code (GC) Section 14838 et.

seq. requires that a fair share of the State’s purchases and contracts for goods, information technology services and construction be placed with a certified Small Business (SB) or Micro- Business (MB). The Act mandates that state agencies:

a. Establish participation goals,

b. Provide a five percent (5.0%) SB calculation preference, and

c. Provide the opportunity for bidders to receive a five percent (5.0%) non-small business (NSB) calculation preference when achieving twenty-five percent (25.0%) SB participation through subcontracted efforts.

Bidder which is awarded the contract is committed to paying the stated percentage of the total contract amount (including contract amendments) to the SB subcontractor(s) as declared on the DGS PD 05-105 form. SB bidders and subcontractors must be certified by DGS/OSDS to participate in SB Preference program.

2. SMALL BUSINESS PREFERENCE

The SB Preference offers certified SB’s and MB’s a calculation preference in the amount of five percent (5%) of the lowest responsible bid submitted by a bidder who is not a certified SB. The SB Preference is used as a calculation for determining the lowest bidder and does not affect the actual price bid. Responding bidders must:

a. Includes in its bid a notification to the awarding department that it is an SB or that it has submitted to The Department of General Services, Office of Small Business & Disabled Veteran Business Enterprise Services (DGS/OSDS) a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by DGS/OSDS as an SB; and

b. Include copy of firm’s DGS/OSDS SB certification

c. Submits a timely, responsive bid; and

d. Be determined to be a responsible bidder.

3. NON-SMALL BUSINESS PREFERENCE

Non-small business (NSB) bidders will be granted a five percent (5.0%) NSB preference on a bid evaluation when a responsible NSB has agreed to subcontract at least twenty-five percent https://www.dgs.ca.gov/PD/Search-Results?search=830&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1 https://www.dgs.ca.gov/PD/Search-Results?search=525&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1 https://www.dgs.ca.gov/PD/Search-Results?search=526&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1 mailto:TACPA@dgs.ca.gov https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14838.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14838.&lawCode=GOV

(25.0%) of their bid price with a California certified SB and if the NSB bidder’s bid is not the low price bid, or when a proposal has been not been ranked as the highest scored bid pursuant to the evaluation of the solicitation. Responding bidders must:

a. Include information on required form DGS PD 05-105, Attachment VIII, of the DGS/OSDS certified SB subcontractor(s) with which it commits to subcontract a total of at least twenty-five percent (25%) of its net bid price (refer to page two of form for detailed instructions);

b. Include copy of the DGS/OSDS certification for each identified SB;

c. Submits a timely, responsive bid; and

d. Be determined to be a responsible bidder.

4. NON-SMALL BUSINESS PREFERENCE CALCULATION

The NSB calculation preference five percent (5.0%) is used for bid evaluation purposes only.

Awards made as a result of the NSB preferences shall be awarded at the bidder’s original bid price. The preference shall be computed as follows:

Bidder A, (Low Bid), non-small business: $125,000 Bidder B, non-small business (subcontracting 25% to a certified small business)

$131,000

Calculation Preference: $125,000 x .05 = $6,250

Bidder B $131,000 Subtract calculated preference - $6,250

Adjusted Bid for Bidder B $124,750

Award is made to Bidder B as the low bidder at the bid price of $131,000.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the bid of an SB and the bid of a Disabled Veteran Business Enterprise (DVBE) that is also an SB, the award shall go to the DVBE that is also an SB.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the SB or NSB subcontractor preferences awarded on a single bid exceed $50,000, and in no event shall the combined cost of the SB or NSB subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000.

The five percent (5%) calculation preference is used for computation purposes only and does not alter or affect the actual bid price or the amount of the executed contract. When a certified SB is the lowest responsive, responsible bidder, then there is no need to compute the SB preference as the SB is the low bidder.

7. COMMERCIALLY USEFUL FUNCTION (SBs) (Government Code (GC) section 14837(d) (4))

A certified SB, micro-business (MB) contractor, subcontractor or supplier, must meet commercially useful function (CUF) requirements under Government Code (GC) section 14837(d) (4). Selected firms must perform a CUF relevant to this contract.

The term “small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements in accordance with GC section 14837(d) (4) and provides services or goods that contribute to the fulfillment of the contract https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837.&lawCode=GOV requirements by performing a CUF. A person or an entity is deemed to perform a CUF if that person or entity does all of the following:

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

b. Carries out contractual obligations by actually performing, managing, or supervising the work involved.

c. Performs work that is normal for its business services and functions.

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

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

f. Its role is not an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

8. BIDDER CUF REQUIREMENTS

The Department will determine, to the best of its ability, that your firm meets the criteria above for CUF. In responding to this solicitation, you are confirming that, under GC 14837 (d) (4) above, your business provides goods and/or services meet the definition of CUF. All bidders are required to provide CUF documentation using the State’s Bidder Declaration form DGS PD 05-105, Attachment VIII, included in the solicitation document.When completing the DGS PD 05-105, bidders must identify all subcontractors proposed for participation in the contract. Any bidder awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless the State agrees to a substitution.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14837&lawCode=GOV

I. Disabled Veteran Business Enterprise Program

DVBE Program Participation is Required for Solicitation This solicitation includes DVBE Program participation requirements, which is a minimum of three percent (3.0%) commitment. Complete and provide the following forms for DVBE Program participation compliance:

1. DWR 9526, Attachment VI (Bidder Certification of DVBE Participation)

2. DGS PD 843 Attachment VII (DVBE Declarations)

3. DGS PD 05-105, Attachment VIII (Bidder Declaration) − Refer to page two of form for detailed instructions

4. DGS/OSDS Certification(s) for bidder and/or subcontractor(s). Bidder and/or subcontractors must be certified by DGS/OSDS in order to take part in DVBE Participation Program.

DVBE Incentive is as follows:

DVBE Required Participation Incentive Percentage (%) 5.0% or over 5.0%

4.0% to 4.99% 4.0% 3.0% to 3.99% 3.0%

If you need assistance with finding a certified DVBE subcontractor, you can contact California Department of Veterans Affairs (CalVet) DVBE Program:

o Website: https://www.calvet.ca.gov/contact o Phone Number: 800-952-5626 o Email: DVBE@calvet.ca.gov

You can also do a certified vendor search on Cal eProcure:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true

1. DWR SB/DVBE PROGRAM MANAGER PRE-REVIEW OF DVBE DOCUMENTATION

The Department’s SB/DVBE Program Manager offers a pre-review of a bidder’s DVBE documentation prior to proposal submission. Since non-compliance with the DVBE program is immediate cause for rejection, the State strongly recommends firms interested in bidding take advantage of this opportunity to ensure they are fully compliant with DVBE Program participation requirements.

Bidders should allow at least five (5) working days for pre-review of their DVBE documentation and submit them to the following:

SB/DVBE Program Manager

Email: SB.DVBE@water.ca.gov

Upon satisfactory review of the bidder’s DVBE documentation, the DWR SB/DVBE Program Manager issues a Notification of Compliance which the bidder will submit with their bid submittal.

2. DVBE INCENTIVE PROGRAM

Under CCR 1896.99.100, the California DVBE Incentive provides responsive and responsible bidders the opportunity to receive additional incentive calculations. The incentive is applied at the https://www.calvet.ca.gov/contact mailto:DVBE@calvet.ca.gov https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true mailto:SB.DVBE@water.ca.gov https://govt.westlaw.com/calregs/Document/IB12922901BF311EE8DA6DAFA82226BB2?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1 time of solicitation evaluation when a proposing firm identifies and commits to using a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract.

Application of the DVBE Incentive may place the bidder in line for contract award.

The following are key elements of the DVBE Incentive Program:

a. The DVBE Incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation.

b. DVBE Incentive participation is at the discretion of the bidder and is optional when overall

DVBE Program requirements are exempt by the State for that solicitation.

c. When requesting the DVBE Incentive Application, a bidder must complete and return the DVBE Incentive Application Request included within this solicitation with their proposal at time of submission.

d. DVBE certified firm (bidder and/or subcontractor(s)) must be certified by DGS/OSDS.

e. Services or commodities provided by the DVBE firm MUST meet the definition of CUF as defined under Government Codes: 14837 and 14842.5; Military and Veterans Code 999 (B)

(i) (ii); and California Code of Regulations 1896.71. A DVBE firm determined as not meeting CUF regulations will render the responding firm ineligible for the DVBE Incentive Application.

f. Bidder which is awarded this contract, is committed to paying the stated percentage (on each form DWR 9526) of the total contract amount (including contract amendments) to the DVBE subcontractor declared on this form.

3. COMMERCIALLY USEFUL FUNCTION - DVBEs (MVC 999(B))

Firms selected must perform a “commercially useful function” relevant to this contract. The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of CCR 1896.61(f); is certified in accordance with CCR 1896.70 and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. As defined in MVC 999(B), a person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following:

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

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

c. Performs work that is normal for its business services and functions

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

e. 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; and

f. Its role is not an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://www.law.cornell.edu/regulations/california/2-CCR-1896.61 https://www.law.cornell.edu/regulations/california/2-CCR-1896.70 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999&lawCode=MVC

4. ORDER OF EVALUATION

For purposes of evaluation, first SB Preference will be applied, followed by the DVBE Incentive calculation.

J. Pending Small Business or Disabled Veteran Business Enterprise Certification Applications

Bidders wishing to apply for the SB Preference, NSB Preference or DVBE Incentive related to this solicitation and have pending SB or DVBE certification(s) applications under review by DGS/OSDS, you must have:

1. notified DGS/OSDS that you are responding to a solicitation and are seeking an expedite review of your SB or DVBE certification application in relation to the solicitation;

2. provided DGS/OSDS with the Bid Key Action Dates page from the solicitation itself; and

3. must have submitted a complete application with all required forms and documentation to

DGS/OSDS for review and approval by close of business of the Bid Submittal due date.

Bidders must notify the State in writing at the time of bid submission that they have an application for SB or DVBE certification under review at the DGS/OSDS, and that they wish to be considered for the SB Preference, NSB Preference or DVBE Incentive.

Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process. Website:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS

BID CHECKLIST

Please review the following checklist for a list of documents that must be returned with your bid package.

Please read the State of California’s General Terms and Conditions (GTC) before signing and submitting your bid package. The State does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The GTC’s are not negotiable. Unless otherwise noted, failure to include the required documents will be cause for bid rejection.

DOCUMENTS REQUIRED WITH SUBMISSION OF BID

Attachment I – Bid Sheet (must be signed and include all pages) Attachment II – Bid/Bidder Certification Sheet Attachment III – Bidder References Attachment III(a) – Location of Contractor’s Service Shop

Attachment IV – Darfur Contracting Act Certification Attachment V – GenAI Disclosure (DWR 9834)

Attachment VIII, Bidder Declaration (DGS PD 05-105) – include all subcontracting information for entire bid on this one form also indicate if you are not subcontracting services.

Attachment IX – California Civil Rights Laws Attachment Attachment X – Iran Contracting Act Bidder’s Bond (DWR 4021)

– Bidder’s Bond must be equal to 10% of the bid amount

– Bidder’s Bond must be the original document

– Surety must be registered with the CA Department of Insurance

Copy of valid General Engineering Contractors license (Class A) issued by the Department of Consumer Affairs, Contractor’s State License Board (CSLB)

Copy of valid C-10 License (Electrical Contractor) issued by the CSLB Copy of valid California State Business License Resumes of key personnel Copy of bidder’s standard QA/QC plan and Safety Plan, or a copy of QA/QC and Safety Plans used on previous project(s) from the last five (5) years Copy of valid Public Works Contractor registration(s) with DIR of bidder and any identified subcontractors Non-Collusion Declaration (DWR 4206)

SMALL BUSINESS PREFERENCE PROGRAM

If you are a prime firm which is SB-certified and/or subcontracting to an SB, you must complete and return the following forms

- List all subcontracting information on Attachment VIII, Bidder Declaration (DGS PD 05-105) mentioned above; and

- Copy of current DGS/OSDS DVBE certification(s) for prime and/or subcontractor(s)

DVBE PARTICIPATION AND INCENTIVE PROGRAMS

If you are a prime firm which is DVBE-certified and/or subcontracting to a DVBE, you must complete and return the following forms:

- Attachment VI, Bidder Certification of DVBE Participation (DWR 9526);

- Attachment VII, DVBE Declaration (DGS PD 843);

- List all subcontracting information on Attachment VIII, Bidder Declaration (DGS PD 05-105) mentioned above; and

- Copy of current DGS/OSDS DVBE certification(s) for prime and/or subcontractor(s)

SB/DVBE Program Manager’s Notification of Compliance (if obtained in advance from the SB/DVBE Program Manager)

DOCUMENTS…