PR_10845965_-_AMS_703D_-_Invitation_for_Bid_-_Attachment_1.pdf

STATE OF CALIFORNIA

CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES

DEPARTMENT OF CORRECTIONS AND REHABILITATION

AMS 703D (Rev. 05/2026)

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INVITATION FOR BID: NON-IT GOODS

NOTICE TO PROSPECTIVE BIDDERS

SOLICITATION NUMBER: .

The California Correctional Health Care Services (CCHCS), Acquisitions Management Section, Procurement Services (AMS-PS) invites you to review and respond to this Invitation for Bid (IFB).

In submitting your bid, you shall comply with all the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

KEY ACTION DATES

Last day to submit questions: ____________________________

Final Bid Due Date and Time: _____________________________

Public Bid Opening Date and Time: ________________________

Estimated Intent to Award Posting Date: ____________________

Estimated Award Date: ___________________________________

RETURN BID TO:

PUBLIC BID / COST OPENING

All bids received by the due date and time will be opened and read at a public cost opening. Cost openings will be conducted through Microsoft Teams. All participating Bidders and interested parties may attend by using the Microsoft Teams access information below. Participants are encouraged to call in on time to be admitted.

Microsoft Teams Meeting Link: ____________ _ Call in: _________________________________ ______ Conference ID: ________________________________________

STATE OFFICIAL CONTACT INFORMATION

For technical questions regarding this solicitation package, please contact the state official below:

Name: _______________________________________________________________________________ Email: _______________________________________________________________________________ Phone: ______________________________________________________________________________

DELIVERY INFORMATION

Deliveries are to be made to the location specified below:

Program / Institution: ____________________________________________________________________ https://teams.microsoft.com/meet/23709384663866?p=OtoMsVBXkaABses2d0

STATE OF CALIFORNIA SOLICITATION #____________

DEPARTMENT OF CORRECTIONS AND REHABILITATION

AMS 703D (Rev. 05/2026)

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BIDDER INFORMATION

Business Name: ___________________________________________________________________________

Address: _________________________________________________________________________________

Contact Person: Title:

Phone: Email: ___________________________________

Federal Employer Identification Number (FEIN): __________________________________________________

Retailer’s CA Seller’s Permit Number: ________________________________________________________

California Secretary of State Entity # (does not apply to Sole Proprietorship): ___________________________

SB/MB/DVBE Certification #:

Bid Expiration Date:

Certification Expiration Date:

Are you the manufacturer? Yes No

*Payment discount offered on invoices to be paid within days of receipt = %.

X Bidder Signature Date

Bidder offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items upon which prices are quoted, at the prices set opposite each item, delivered to the designated point(s) by the method of delivery and within the times specified and subject to the General Provisions attached or included by reference.

By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) STATEMENT OF COMPLIANCE - The above signed as complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct. (3) If a claim is made for the Small Business or Disabled Veterans Business preference, the information set forth within is true and correct.

DEPARTMENT OF CORRECTIONS AND REHABILITATION

AMS 703D (Rev. 05/2026)

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BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid, the State shall select the lowest bid and reject all other bids from this bidder.

For the purposes of this solicitation, requested items shall be awarded based on the option selected below:

All or none – the lowest overall bid price for all items will be awarded.

On the basis of individual items – the lowest bid on each line item will be awarded. The State may accept and choose to award any single line item or any combination of line items

Award of contract, if made, will be in accordance with the IFB information to a responsible bidder whose bid complies with all the requirements of the IFB documents and any addenda thereto, except for such immaterial defects as may be waived by the State. Award, if made, will be made within forty-five (45) days after the scheduled bid due date as specified in the IFB; however, a bidder may extend the offer beyond 45 days in the event of a delay of contract award.

INTENT TO AWARD

Written notification of the State’s intent to award will be made to all bidders. An intent to award notice will be posted publicly via the Cal eProcure advertisement posting. All bidders will be notified of the intent to award public posting via email. CCHCS will hold all awards for the 5-day protest period. If/when no protests are submitted, buyers will proceed to award.

PROTEST AWARD

If a bidder, having submitted a bid, can show that its bid, instead of the bid selected by the State, should be selected for contract award, the bidder will be allowed five (5) working days to submit a Notice of Intent to Protest, according to the instructions contained herein

If a bidder has submitted a bid which it believes to be responsive to the requirements of the IFB and to be the bid that should have been selected according to the evaluation procedures in the solicitation and the bidder believes the State has incorrectly selected another bidder for award, the bidder may submit a protest of the selection as described below. Protests regarding selection of the “successful bidder” will be heard and resolved by the Victim Compensation and Government Claims Board whose decision will be final.

All protests of award must be made in writing, signed by an individual authorized to bind the bidder contractually and financially, and contain a statement of the reason(s) for protest; citing the law, rule, regulation or procedure on which the protest is based. The protester must provide facts and evidence to support the claim. Protests must be mailed or delivered to:

Street and Mailing Address:

Deputy Director Procurement Division 707 Third Street, Second Floor South West Sacramento, CA 95605 Facsimile No.: (916) 375-4611

All protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by DGS Procurement Division Deputy Director as promptly as possible, but not later than the date indicated in the Notification of Intent to Award. Certified or registered mail must be used unless delivered in person; in which case the protester should obtain a receipt of delivery.

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FREE ON BOARD (F.O.B.) DESTINATION

For the purposes of this solicitation, only bid responses quoting F.O.B. Destination to the ordering organization’s receiving point will be accepted. Responsibility and liability for loss or damage for all orders shall remain with the contractor until final inspection and acceptance, when all responsibility shall be passed to the ordering organization, except the responsibility for latent defects, fraud, and any warranty obligations. Acceptable freight payment terms shall be defined based on the selected option below:

Only bids offering Freight Prepaid by the contractor will be accepted. All shipping costs must be included in the cost of the goods. Shipping costs may NOT be listed as a separate stand-alone cost.

Bids offering either Freight Prepaid/ADD or Freight Prepaid by the contractor will be accepted.

*PAYMENT DISCOUNT OFFERS

Discounts will not be considered when evaluating bid responses for award purposes.

However, discounts may be offered and taken by the State when processing invoices within the timeframe specified. Whenever possible, CCHCS will accept the offer of cash discounts for payment terms other than those specified in the General Provisions Paragraph 10.2 (i.e., Net 45). Please do not reference or include payment terms that conflict with the provisions of the California Prompt Payment Act, Government Code Section 927 et. seq. The Act requires state agencies to pay properly submitted, undisputed invoices not more than 45 days after (i) the date of acceptance of goods or performance of services; or (ii) receipt of an undisputed invoice, whichever is later.

DELIVERY

Final delivery, inspection, and acceptance shall be at the shipping address location(s) described herein.

PRICES

Prices shall be all inclusive. Only the prices submitted in the bid response shall be accepted and included in the awarded purchase order.

SUBSTITUTIONS

Substitutions for like items may be accepted at the State’s discretion if the requested item is not available and the substitute item is equivalent to, or exceeds the standards, of the original request. The State reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality required.

CDCR SPECIAL TERMS AND CONDITIONS

If delivering to a CDCR institution, special terms and conditions apply. Suppliers must observe all institution security rules and regulations. Delivery drivers may be required to obtain gate clearance prior to delivery. Suppliers shall contact the institution regarding specific requirements prior to attempting delivery. All persons entering institution grounds must have a valid state driver’s license or photo identification card on their person. Clothing restrictions apply. See CDCR Special Terms and Conditions attachment for more details.

TOBACCO-FREE ENVIRONMENT

Pursuant to Penal Code § 5030.1, the possession or use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of CDCR is prohibited.

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BIDDER DECLARATION (GSPD-05-105)

All suppliers must complete the Bidder Declaration GSPD-05-105 and submit it with the bid response. When completing the declaration, suppliers must identify all subcontractors proposed for participation in the contract; this includes equipment manufacturers, equipment distributors and resellers. A subcontractor is any person, firm, corporation, or organization contracting to perform any part of the prime’s contract.

Suppliers awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract.

All certified small businesses (SBs) and/or Disabled Veteran Business Enterprises (DVBEs) must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837 (d)(4).

SB / DVBE CERTIFICATION

The DGS Procurement Division, Office of Small Business and DVBE Services (OSDS) is the state’s certifying agency. Suppliers claiming preferences/incentives must provide their California SB/MB/DVBE certification number. Completed certification applications and required support documents must be submitted to the OSDS no later than 5:00 p.m. on the bid due date and the OSDS must be able to approve the application as submitted. SB/Nonprofit Veteran Service Agencies (NVSA’s) must possess certification by California prior to the day and time bids are due. Online applications are located on the Cal eProcure website. Questions regarding certification should be directed to the OSDS at OSDSHelp@dgs.ca.gov.

SMALL BUSINESS PREFERENCE PROGRAM

Current law requires state departments to support the success of small businesses, including microbusinesses, in participation in contracting opportunities. CCHCS is committed to supporting Small/Micro Business participation in state contracting and seeks to contract with certified Small/Micro Businesses whenever possible.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq.

To claim the Small Business Preference, the bidder must either hold an active certification issued by the DGS OSDS, or;

1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by 5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you qualify as a California Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-apply as Small Business, Disabled Veteran Business Enterprise.

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, 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/Micro Business.

The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

mailto:OSDSHelp@dgs.ca.gov

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1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE

Pursuant to Title 2, CCR Section 1896, et seq., and GC Section 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit all applicable subcontractor information on the Bidder Declaration (GSPD-05-105).

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM REQUIREMENTS

This IFB is exempt from the DVBE required participation. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CCHCS is committed to meeting and exceeding the three percent (3%) goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code 999. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation. This incentive is for bid computation only.

For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply For or Re-apply as Small Business, Disabled Veteran Business Enterprise.

The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION

LEVEL

INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP or over 3%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent

(3%). Bids with DVBE participation of more than five percent (3%) will be calculated with a five percent (5%) incentive.

2. The DVBE incentive is calculated from the lowest responsive and responsible bid price.

DVBE DECLARATIONS (DGS PD 843)

Per the Military and Veterans Code Section 999.2, the DVBE Declarations (DGS PD 843) must be completed

DEPARTMENT OF CORRECTIONS AND REHABILITATION

AMS 703D (Rev. 05/2026)

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DVBE SUBCONTRACTING – REPORTING REQUIREMENTS

Contractor understands and agrees to comply with the requirements set forth in Military and Veterans Code Section 999 et seq. Should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code section 999.5 (g), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by both the awarding department and the Department of General Services (DGS) prior to the commencement of any work by the proposed subcontractor. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in MVC Section 999.9; Public Contract Code (PCC) Section 10115.10 Upon completion of this Contract, the department requires the prime contractor to certify information using the Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817). If for this Contract, the Contractor made a commitment to achieve the DVBE participation goal by subcontracting to a DVBE, the Department will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements above. A Contractor that fails to comply with the certification requirement shall, after written notice, be allowed to cure the defect. Notwithstanding any other law, if, after 30 calendar days from the date of written cure notice, the prime contractor refuses to comply with the certification requirements, the department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. (MVC § 999.7)

A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation.

(MVC § 999.5(d); Govt. Code § 14841) Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the MVC, including, but not limited to, the requirements of Section 999.5(d). (PCC Code § 10230) DVBE subcontractors will be notified at the time of award that their firm has been listed for participation in an agreement. Upon request, the prime contractor shall also provide proof of payment to the DVBE for subcontractor work.

TIRE-DERIVED PRODUCTS PREFERENCE

Per Public Resources Code (PRC) section 42890 et seq., a 5 percent (5%) recycle preference is available for recycled tire products (also known as tire-derived products). When evaluating bids, application of the tire recycle preference is only applicable if both virgin products and recycled content products (RCP) are acceptable for a line item. Should only recycled content products be bid, then the preference is not calculated. Should a solicitation include a mix of line items containing both qualified and non-qualified tire-derived RCPs, the preference shall only apply to qualified line items. If line-item awards are made, the preference shall be applied, to the extent possible, so as to maximize award to bidders proposing recycled tire products (PRC section 42892).

TARGET AREA CONTRACT PREFERENCE ACT (TACPA)

If this Agreement is in excess of $100,000 and the worksite is not fixed by the terms of this Agreement (e.g., services will not be performed at an institution or other specific work site determined by CDCR), preference may be granted to California-based bidders meeting the requirements of the Target Area Contract Preference Act (TACPA) which promote employment and economic development at designated distressed areas by persons with a high risk of unemployment (Reference: GC 4530 et seq., and Title 2, California Code of Regulations 1896.30 et. seq.).

Bidders seeking this preference must submit completed Standard Form STD 830 TACPA Preference

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Request Form and DGS/PD 526 Bidder’s Summary of Contract Activities and Labor Hours with their bid proposal. Please note that the DGS/PD 526 must be completed and signed by the bidder for each requested preference.

NOTE: FAILURE TO SUBMIT THE TACPA FORMS WITH YOUR BID PROPOSAL WILL RESULT IN THE DENIAL OF THE PREFERENCE. Download and attach copies of the STD 830 and DGS/PD 526. Forms can be found at Request Target Area Contract Preference.

MAXIMUM COMBINATION OF ALL PREFERENCES/INCENTIVES

In combination with any other preferences (TACPA, SB, non-SB subcontracting participation, recycled, etc.), the maximum limit of the combined preferences is 15% of the bid amount or $100,000.00 whichever is less.

MAXIMUM PREFERENCE ALLOWED FOR LOW PRICE AWARDS

In combination with any other preferences (TACPA, recycled, etc.), the maximum limit of the combined preferences is 15% of the bid amount and, in no case, more than $100,000.00 per bid, whichever is less.

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CCHCS must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05-105). If any changes occur in the submitted original GSPD-05- 105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CCHCS asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

RECYCLED CONTENT PRODUCTS

State agencies are required to report purchases in many product categories. To comply with those requirements, suppliers are required to complete and return the attached Postconsumer Recycled- Content Certification form (CalRecycle 74) with their bid response. Failure to complete and return the form may disqualify your bid from consideration. More information is located at:

http://www.calrecycle.ca.gov/BuyRecycled/StateAgency/.

PAYEE DATA RECORD (STD. 204) AND CDCR SUPPLEMENT

The successful bidder may be required to submit a Payee Data Record, STD. 204, and/or a CDCR Supplement Vendor Payee Data form listing payee information and their Taxpayer Identification Number (upon request prior to award if currently not on file with CDCR or if there are business information updates needed).

PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process. PCC §10295.4.

http://www.calrecycle.ca.gov/BuyRecycled/StateAgency/

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Contractors included on tax delinquency lists; contracts void and unenforceable; (a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable. (b) This section shall apply to any contract executed on or after July 1, 2012.

DARFUR CONTRACTING ACT

All bidders will be required to submit a completed DARFUR Contracting Act Certification Form. Effective January 1, 2009, CDCR generally cannot contract with “scrutinized” companies that do business in the African nation of Sudan, as described in PCC §§ 10475 - 10478. A company that currently has (or within the previous three years has had) business activities or other operations outside of the United States must certify that it is not a “scrutinized” company when it submits a bid or proposal to CDCR. A scrutinized company may still submit a bid or proposal for a contract with CDCR if the company first obtains permission from the DGS.

CALIFORNIA SELLER’S PERMIT

If applicable, award will be contingent upon providing your company’s California retailer’s seller’s permit number or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by the California Department of Tax and Fee Administration (CDTFA), pursuant to all requirements as set forth in §§ 6487, 7101 and sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract Code. In order to expedite the process of verifying the validity of the permit, provide the CDTFA issued seller’s permit number on page 1 of this IFB or attach a copy of the permit with your bid response.

CALIFORNIA SECRETARY OF STATE REGISTRATION

Any individual or entity intending to conduct business in the State of California is required to register with the California Secretary of State in accordance with the California Corporations Code. A sole proprietorship is not required to register with the California Secretary of State’s office.

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to Public Contract Code 2010, a person that submits a bid to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid is submitted or the contract is renewed, 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).

RESPONSIVE BID

A bid that clearly substantiates compliance, without material deviation, with all specifications, requirements, and the terms and conditions of the solicitation. If a bidder has been determined to be non-responsive, the bid shall be rejected.

RESPONSIBLE BIDDER

Bidders may be required to submit further evidence of their qualifications at such times and under conditions, as it may deem necessary. If a bidder has been determined to be non-responsible, the bid shall be rejected.

DEPARTMENT OF CORRECTIONS AND REHABILITATION

AMS 703D (Rev. 05/2026)

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BID EVALUATION – TIE BETWEEN BIDDERS

In the event of a precise tie between bidders, the CCHCS procurement official will conduct a coin toss. At least one witness must observe and document the coin toss. Affected bidders will be given the opportunity to attend the tie breaker coin toss. An email notification will be sent to the affected bidders at least 24 hours before the coin toss is conducted. Note: In the event of a precise tie between the bid of an SB/MB and the bid of a DVBE that is also a SB/MB, the award shall go to the DVBE that is also an SB/MB. (Reference GC section 14838 (f) and 2 CCR section 1896.8(f)). Note: Recycled tire product contracts will be awarded to the bidder whose product has the greatest percentage of recycled tire content if the fitness, quality, and price are equal. (PRC section 42894) “Recycled tire product” means a product with not less than 50 percent of its total content derived from recycled used tires. (PRC section 42890).

PUBLIC BID / COST OPENING

All bids received by the due date and time will be opened and read at a public cost opening. Cost openings will be conducted through Microsoft Teams. All participating Bidders and interested parties may attend by using the Microsoft Teams access information below:

Microsoft Teams Meeting Link: __________________ Call in: ___________________________________ Conference ID: _____________________________

Reference the Key Action Dates section for opening date/time. Participants are encouraged to call in on time to be admitted.

SUPPLIER TERMS AND CONDITIONS / QUOTATION ATTACHMENTS

Quote responses that reference a supplier’s own terms and conditions, legal terms, or provisions that conflict with the State’s General Provisions shall be considered non-responsive and will be rejected. The state objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder.

CONFIDENTIALITY

During the evaluation of bids received in response to a competitive solicitation and prior to contract award information relating to bid evaluation is confidential. Any disclosure of confidential information by the bidder during the procurement process is a basis for rejecting the bidder’s proposal and finding the bidder ineligible. Total confidentiality during the procurement process is vital to preserve the integrity of the process.

LOSS LEADER

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in § 17030 of the Business and Professions Code. A “loss leader” is any article or product sold at less than cost: (a) where the purpose is to induce, promote, or encourage the purchase of other merchandise; or (b) where the effect is a tendency or capacity to mislead or deceive purchasers or prospective purchasers; or (c) where the effect is to divert trade from or otherwise injure competitors.

CHANGE ORDERS/AMENDMENTS

Any purchase order resulting from this quote may be amended, modified (within the scope of the original agreement), or terminated at any time by mutual agreement of the parties in writing. Change orders amending, modifying, or terminating the purchase order, including modifications of compensation payable, may only be issued by an authorized State Procurement Official. All such change orders shall be in writing and issued only upon written concurrence of the supplier.

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EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

ASSEMBLY BILL 418: THE CALIFORNIA FOOD SAFETY ACT

The California Food Safety Act, chapter 17 (commencing with Section 109025) is added to Part 3 of Division 104 of the Health and Safety Code Bill Text - AB-418 The California Food Safety Act.:

Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale, in commerce a food product for human consumption that contains any of the following substances:

(1) Brominated vegetable oil (CAS no. 8016-94-2)

(2) Potassium bromate (CAS no. 7758-01-2)

(3) Propylparaben (CAS no. 94-13-3)

(4) Red dye 3 (CAS no. 16423-68-0)

GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI)

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

Bidder/Offeror/Contractor shall immediately 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 the System, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” as used in this section shall have the same meaning set forth in State Administrative Manual (SAM) 4986.2 Definitions for GenAI

The GenAI Reporting and Factsheet (OBS 1000) must be completed by the Bidder/Offeror/Contractor.

Failure to submit the GenAI Reporting and Factsheet (OBS 1000) will result in disqualification of the Bidder/Offeror/Contractor. Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief to which it may be entitled to as a result of such non- disclosure.

Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting and Factsheet (OBS 1000), 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.

ASSEMBLY BILL 778 – PURCHASE OF CALIFORNIA-GROWN AGRICULTURAL FOOD

PRODUCTS

Assembly Bill 778, Institutional Purchasers: Purchase of California-Grown Agricultural Food Products (2021-2022) amended Section 58595 of the Food and Agricultural Code, requiring a California state-owned or state-run institution that purchases agricultural food products to ensure at least 60% of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025.

If a bidder is offering agricultural food products, the OBS 1600 form is required for the state’s data collection and reporting towards the 60% goal. Bidder must identify if the agricultural food product is grown or produced in California or not.

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SOLICITATION ATTACHMENTS

The following documents are attached, or are incorporated by reference, and are considered part of this solicitation:

• CCHCS Acquisition Quote Worksheet, AMS 704B – Attachment 2

• Bid Package and Forms – Attachment 3 o CDCR Special Terms and Conditions o Bidder Instructions (DGS PD 451) o General Provisions, Revised and Effective 02/20/2025 (DGS PD 401-NITGP) o Post-Consumer Recycled Content Certification (CalRecycle 74), Guidance on Form 74 for

Vendors o Bidder Declaration (GSPD-05-105) o Darfur Contracting Act Certification (DGS PD 1) o Commercially Useful Function Verification (CCHCS MC-345) o DVBE Declarations (DGS PD 843), if applicable (Only needed from DVBE vendors) o Generative Artificial Intelligence (GenAI) Disclosure & Factsheet (AMS 708) o Voluntary Statistical Data Sheet (DGS PD 802), optional o Target Area Contract Preference Act (STD 830), for bids over $100,000, optional as determined by supplier o California Civil Rights Laws Certification (DGS OLS 04), for bids over $100,000, if applicable

(refer to page 9 for further instructions) o Distribution List / Delivery Schedule, for multiple shipping locations or delivery dates, if applicable o Special Provisions Statement of Work and/or Warranty Agreement, if applicable o Payee Data Record (STD 204) o Supplement Vendor Payee Data Record Form (STD 204 Supplement) o Payee Data Record Supplement (STD 205)

• Other Attachments o Executive Order N-6-22 – Economic Sanctions against Russia and Russian entities and individuals o Executive Order N-12-23 – Generative Artificial Intelligence (GENAI) o General Terms and Conditions (GTC - 417) and Contractor Certification Clauses (GIA - 610) o Others: _____________________________________________________________________ https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/NonIT-General-ProvisionsGoods-DGS-PD-401NITGP-Revised-02202025.pdf https://calrecycle.ca.gov/buyrecycled/stateagency/form74guide/ https://calrecycle.ca.gov/buyrecycled/stateagency/form74guide/ https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/PD_802.pdf https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf 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/2023/09/AI-EO-No.12-_-GGN-Signed.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general

DEPARTMENT OF CORRECTIONS AND REHABILITATION

AMS 703D (Rev. 05/2026)

Page | 13

RESPONSE LIST

Mandatory Documents - The following list identifies the items that must be completed and returned (when applicable) in order to be evaluated for award:

Invitation for Bid (AMS 703D) – (all pages) including:

o Signed / Dated front page o California Seller’s Permit Information (attach a copy of the CA Seller’s Permit) o FEIN # o SB/MB/DVBE Certification Number o California Secretary of State Entity #

CCHCS Acquisition Quote Worksheet (AMS 704B) Bid Package and Forms

Post-Consumer Recycled Content Certification (CalRecycle Form 74) California Grown-Produced Agricultural Food Products Vendor Certification(OBS 1600), if applicable Bidder Declaration (GSPD-05-105) Darfur Contracting Act Certification (DGS PD 1) Commercially Useful Function Verification (CCHCS MC-345) DVBE Declarations (DGS PD 843), if applicable (Only needed from DVBE vendors) Generative Artificial Intelligence (GenAI) Disclosure & Factsheet (AMS 708), if applicable Drug-Free Workplace Certification (STD 21), optional Voluntary Statistical Data Sheet (DGS PD 802), optional Target Area Contract Preference Act (STD 830), for bids over $100,000, optional as determined by supplier California Civil Rights Laws Certification (DGS OLS 04), for bids over $100,000, if applicable (refer to page 9 for further instructions) Payee Data Record (STD 204) Supplement Vendor Payee Data Record Form (STD 204 Supplement) Payee Data Record Supplement (STD 205) Others: _____________________________________________________________________

Failure to return any applicable item in the above list with the bid response may result in your bid being considered non-responsive and may be rejected.

https://calrecycle.ca.gov/buyrecycled/stateagency/certify/ https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std021.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/PD_802.pdf https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

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