RFQ_26-0212374_Dark_Optic_Fiber.pdf

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Dark Optic Fiber Lease and Maintenance Services
Solicitation number
0000040060
Issued by
California

About this file

This is a Request for Quote issued by the California Department of Technology for the renewal of Dark Optic Fiber Lease and Maintenance Services. The solicitation seeks quotes from qualified vendors to provide ongoing lease and maintenance services for dark optic fiber infrastructure. The RFQ document outlines the technical specifications, service level requirements, and operational parameters necessary to support the state's fiber optic network. Potential bidders should refer to Section I.3 of the RFQ for instructions on submitting written questions and clarifications regarding the solicitation requirements. The complete solicitation documents are available through the event package download portal, which contains detailed information about deliverables, performance standards, and evaluation criteria that will guide the quote submission and selection process.

The pricing structure, specific renewal terms, contract duration, and any renewal options are detailed within the full RFQ documentation. Interested vendors should review the complete solicitation package to understand all financial requirements, incumbent contractor information if applicable, and any special considerations or set-asides that may apply to this procurement. All bidders must carefully review the technical specifications and service requirements outlined in the RFQ to ensure their quotes accurately reflect the scope of work and meet the state's operational needs for this critical infrastructure renewal.

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Date: 8/13/2026

Request for Quote (RFQ) 26-0212374 Dark Optic Fiber Lease and Maintenance Services

You are invited to review and respond to this Request for Quote (RFQ) for Information Technology (IT) Equipment, entitled RFQ 26-0212374, Dark Optic Fiber Lease and Maintenance Services. In submitting your quote, you must comply with the instructions found herein.

ALL QUOTES MUST BE SIGNED AND DATED PRIOR TO SUBMISSION.

Respondent must email one (1) electronic copy to the Department Contact named below.

Please email your quote to Erica.Seghesio-Groves@state.ca.gov no later than 3:00 PM Pacific Time (PT), on 8/27/2026. Your quote must be emailed to the Department Contact named below. CDT will not accept late, faxed, nor physically mailed/delivered quotes. Quotes must be emailed and received on, or before, the date and time specified herein.

Department Contact:

Erica Seghesio-Groves

California Department of Technology Acquisition and IT Program Management Branch

(916) 898-0494 Erica.Seghesio-Groves@state.ca.gov

Award of Contract, if made, will be based on the lowest, responsive, responsible Bidder. Failure to adhere to the RFQ specifications may be considered a material deviation from the requirements of this RFQ and may cause the quote to be rejected.

State Terms and Conditions and Bidder’s Instructions applicable to this order are listed on the Department of General Services’ (DGS) websites listed below:

Bidders Instructions (DGS PD 451), Effective 11/09/2011 Link to DGS PD 451 Information Technology - General Provisions (ITGPs), Effective 02/20/25 Link to IT - GPs (Non-Cloud Goods & Services, DGS PD 403-ITGP (Non-Cloud)- Rev 2/20/2025) mailto:Erica.Seghesio-Groves@state.ca.gov https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf 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/IT-General-Provisions-NonCloud-DGS-PD-403ITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-NonCloud-DGS-PD-403ITGP-Revised-02202025.pdf

State of California RFQ Continued Department of Technology Solicitation #26-0212374

TABLE OF CONTENTS

RFQ REQUIREMENTS

I. General Information

1. Purpose

2. Key Action Dates

3. Written Questions

4. Authority to Contract Out

5. Availability

6. RFQ Response Guidelines

7. RFQ Response Content

8. Administrative Information

II. Evaluation Information

1. Evaluation Process

2. Responsible Bidder

3. Evaluation Criteria

4. Cost Requirements Evaluation Criteria

III. Award and Protest Information

1. Award of Contract

2. Protests

ATTACHMENTS

Attachment 1 – Cover Letter Attachment 2 – Administrative Requirements Checklist Attachment 3 – Technical Requirements Acceptance Attachment 4 – Company References Attachment 5 – Security and Confidentiality Statement Attachment 6 – Payee Data Record, STD 204 Attachment 7 – Certification with the Secretary of State Attachment 8 – California Civil Rights Laws Certification Attachment 9 – Declaration Forms Attachment 10 – Commercially Useful Function Certification Attachment 11 – Byrd Anti-Lobbying Amendment Form Attachment 12 – Certification of Insurance Requirement Attachment 13 – Worker’s Compensation Certificate Attachment 14 – Pre-Employment Background Check

EXHIBITS

EXHIBIT A - Statement of Work EXHIBIT B – Budget Detail and Payment Provisions EXHIBIT B-1 – Cost Worksheet EXHIBIT C –Information Technology – General Provisions Non-Cloud Goods & Services, DGS PD 403-ITGP (Non-Cloud) Revised 2/20/2025 EXHIBIT D – Special Terms & Conditions to Safeguard Federal Tax Information

SECTION I – GENERAL INFORMATION

1. PURPOSE

The purpose of this RFQ is to solicit quotes from dark fiber service providers to provide lease, maintenance, and monitoring service of two (2) pairs of single mode optical fibers connecting two (2) campuses for the California Department of Technology (CDT), Office of Technology Services (OTech), Statewide Telecommunications and Network Division (STND). The services required are described in Exhibit A, Statement of Work (SOW). The term dates for the support will be one (1) year from October 1, 2026, through September 30, 2027, with an option to extend for two (2) additional one-year terms at the State’s sole discretion.

2. KEY ACTION DATES

Listed below are the key action dates and times by which specific actions must be taken or completed. If the CDT finds it necessary to change any of these dates, it will be accomplished by issuing an addendum.

**All dates after the Submission of Quote Responses (by date and time) are approximate and may be changed without addendum to this RFQ to allow the CDT additional time for evaluation and contract execution.

3. WRITTEN QUESTIONS

Every attempt has been made to produce complete specifications for this service. Should the Bidder/Respondent discover any ambiguity, conflict, omission or other error in the RFQ, or have any questions concerning interpretation or clarification, the Bidder shall immediately notify CDT of such in writing and request clarification or modification of the document. All questions or concerns regarding this RFQ must be sent to Erica Seghesio- Groves by email to Erica.Seghesio-Groves@state.ca.gov on or before 3:00 PM, PT, on 8/18/2026.

4. AUTHORITY TO CONTRACT OUT

This RFQ is being conducted under the policies and procedures developed by the DGS as provided under Public Contract Code (PCC) sections 12100 et seq.

5. AVAILABILITY

The selected Respondent must be able to meet all requirements of this RFQ.

KEY ACTION DATES DATE TIME

Release of RFQ 8/13/2026 Last Day to Submit Questions and Request for Changes 8/18/2026 3:00 PM Response to Questions 8/20/2026 Last Day to Protest Requirements 8/21/2026 3:00 PM Submission of Quote Responses 8/27/2026 3:00 PM Evaluations** 8/28/2026 Notification of Intent to Award** 9/1/2026 Last Day to Protest Selection** 9/8/2026 3:00 PM Proposed Contract Execution Date** 9/9/2026

6. RFQ RESPONSE GUIDELINES

This RFQ and the Respondent’s quote in response to this document will be made a part of the Contract. Responses to this RFQ must contain all data/information requested and must conform to the format described in this RFQ. It is the Respondent’s responsibility to provide all required data and any other information deemed necessary for the CDT evaluation team to determine and verify the Respondent’s ability to perform the tasks and activities defined in Exhibit A, SOW.

Quotes are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFQ. Emphasis should be concentrated on conformance to the RFQ instructions, responsiveness to the RFQ requirements, and on completeness and clarity of content.

Unless otherwise specified, all electronic files and media submitted in response to this RFQ must be in formats compatible with the CDT’s standard desktop computing environment, which consists of Microsoft (MS) Windows 11, Microsoft 365, and Adobe Acrobat Reader

DC.

7. RFQ RESPONSE CONTENT

The following documents must be submitted in the RFQ response, in the order specified below and will be reviewed for completeness as pass or fail. Any quote response that fails may be deemed non-responsive.

A. RFQ Response

The Respondent must submit one (1) original electronic copy of quote response.

B. Table of Contents

A table of contents that lists the response sections.

C. Cover Letter (Attachment 1)

The Respondent must complete and sign the entire cover letter form.

D. Administrative Requirements Checklist (Attachment 2)

The Respondent must complete the required attachment checklist to confirm that all items are contained with the RFQ.

E. Technical Requirements Acceptance (Attachment 3)

Bidders must meet and adhere to all of the requirements included in the Technical Requirements Acceptance of this RFQ. All requirements listed are mandatory and scored as pass/fail. A “Fail” will result in a bid being deemed non-responsive and, therefore, will be disqualified. Answering “No” to any of these requirements will result in a bid being deemed non-responsive and, therefore, will be disqualified.

F. Company References (Attachment 4)

The respondent must submit a company reference from one (1) corporate and/or governmental agency customer to whom the company has delivered the same or similar services, as described in Exhibit A, SOW, within the past three (3) years. The CDT may be used as a reference.

The descriptions of these services must be detailed and comprehensive enough to permit the State to assess the similarity of those projects to the work anticipated in the award of the contract resulting from this procurement.

The State may contact said customer references during the week following submission of quotes to validate the information provided by the respondent and to determine the customer’s overall satisfaction with the services provided. Therefore, it may prove beneficial to the respondent to contact its referenced customers to ensure their contact information provided on the Company Reference form is up-to-date and that the reference will be available during the period of time that the State will be validating references.

Negative responses may be cause for rejection.

G. Security and Confidentiality Statement (Attachment 5)

One individual authorized to bind the company must complete the Security and Confidentiality form and include it with their quote.

H. Completed Cost Worksheet (Exhibit B-1)

All costs must be filled out by the Respondent. Provide the monthly rate(s) for the description of services/task(s) described in this RFQ Exhibit A, SOW.

I. Payee Data Record, STD 204 (Attachment 6)

The Respondent is required to submit a Payee Data Record, STD 204 listing their Taxpayer Identification Number.

J. Certification with the Secretary of State (Attachment 7)

If required by law, the Prime Contractor must submit a Certificate of Status from California Secretary of State (SOS), showing Prime Contractor is certified with the SOS to do business in the State of California.

Domestic and foreign Corporations, Limited Liability Companies (LLCs) and Limited Partnerships (LPs) must be registered with the California SOS to be awarded the Contract.

The SOS Certificate of Status must be included with the response. The required document(s) may be obtained through the SOS, Certification and Records Unit at (916) 657-5448 or through the following website:

SOS Search

If the Respondent does not currently have this certification, the firm must be certified before a Contract award can be made and must provide information in the RFQ response to support the status of its application to be certified to do business in the State of California.

For more information, refer to the SOS website at: SOS Website https://bizfileonline.sos.ca.gov/search/business http://www.sos.ca.gov/business/be/faqs.htm

K. California Civil Rights Laws Certification (Attachment 8)

Pursuant to PCC section 2010, if a Bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the Bidder or proposer hereby certifies compliance with the following:

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

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

Respondents must complete and sign Attachment 8 California Civil Rights Laws Certification and submit with their bid response. Respondents must also agree to re-certify if the option to extend or an amendment to add time or funding to the contract is utilized.

L. Disabled Veteran Business Enterprise (DVBE) Program Requirements

The DVBE Participation Requirements for this RFQ have been waived, but the CDT opts to include the DVBE Incentive. See DVBE Incentive below.

M. DVBE Incentive

In accordance with Section 999.5(a) of the Military and Veterans Code (MVC) an incentive will be given to Respondents who provide DVBE participation. For evaluation purposes only, CDT shall apply an incentive to quotes that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105, Attachment 9 and confirmed by CDT.

For awards based on low price, the net quote price of the responsive quote will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net quote price. If the #1 ranked responsive, responsible quite is a California certified small business, the only Bidders eligible for the incentive will be California certified small businesses. Incentive percentage is applied to cost points earned by the Respondent. The following illustrates the incentive percentage available based on the respondent’s confirmed percent of DVBE participation.

CONFIRMED DVBE

PARTICIPATION OF

DVBE INCENTIVE

5% and above 5% 4% - 4.99% 4% 3% - 3.99% 3% 2% - 2.99% 2% 1% - 1.99% 1%

N. Small Business Regulations

The Small Business (SB) regulations pursuant to the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, section 1896 et seq.) concerning the application and calculation of the SB preference, SB certification, responsibilities of SBs, department certification, and appeals can be viewed at (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking- Regulations-for-SB-DVBE?search=sb%20peference). Access the regulations by clicking on “Notice of Rulemaking” in the right sidebar. For those without Internet access, a copy of the regulations can be obtained by calling the DGS Office of SB and DVBE Services (OSDS) at (916) 375-4940.

O. Small Business Preference

The Respondents claiming the small business preference must be certified by California as a small business. A 5% preference will be available to California certified SB. This preference must be claimed by completing the Bidder Declaration form GSPD-05-105, Attachment 9.

All certified SBs must perform a “commercially useful function” (CUF) in the performance of the contract, as defined in Government Code 14837(d)(4). See Section S. Commercially Useful Function.

Certification applications and required support documents must be submitted to the OSDS no later than 5:00 p.m. on the RFQ due date; and the OSDS must be able to approve the application as submitted. Respondents may contact the OSDS for any information or questions concerning certification.

P. Non-SB Subcontracting Preference

A 5% preference is also available to a non-small business claiming 25% California certified SB sub-contractor participation. This preference must be claimed by completing the Bidder Declaration form GSPD-05-105, Attachment 9. The form must list all California certified SBs with which you commit to sub-contract with for an amount of at least 25% of the net contract price.

All certified SBs must perform a “commercially useful function” (CUF) in the performance of the contract, as defined in Government Code 14837(d)(4). See Section S. Commercially Useful Function.

Q. SB Nonprofit Veteran Service Agencies (SB/NVSA) Preference

SB/NVSA prime bidders meeting requirements specified in the MVC Section 999.5 et seq.

and obtaining a California certification as a SB are eligible for the 5% SB preference. This preference must be claimed by completing the Bidder Declaration form GSPD-05-105, Attachment 9.

All certified SBs must perform a “commercially useful function” (CUF) in the performance of the contract, as defined in Government Code section 14837(d)(4). See CUF letter S of this section.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE?search=sb%20peference https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE?search=sb%20peference https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE?search=sb%20peference

R. Declaration Forms (Attachment 9)

All Respondents must complete the Bidder Declaration GSPD-05-105 and include it with the quote response. When completing the declaration, the Respondent must identify ALL subcontractors proposed for participation in the contract. The Respondent awarded the Contract is contractually obligated to use the subcontractors for the corresponding work identified. If the Respondent is claiming the Small Business Preference and/or DVBE Incentive, they must complete all sections of the Bidder Declaration GSPD-05-105, as applicable. The document and instructions may be accessed at the website link:

Bidder Declaration Form

Respondents who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form DGS PD 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The completed form should be included with the quote response. Refer to the following website link to obtain the appropriate form:

DGS PD 843 (if applicable)

S. Commercially Useful Function Certification (Attachment 10)

If the Respondent or any subcontractors are a California certified SB or DVBE, in accordance with AB 669 (Chapter 623, Statutes of 2003), the Respondent must address specific aspects of the legislation that requires to perform a CUF as defined by Government Code Sections 14837, 14838.6, 14839, 14842, and 14842.5.

A Respondent or subcontractor will not be considered to perform a CUF if the Respondent’s or Subcontractor’s role is limited to that of an extra participant in the transaction, the awarded Contract, or project through which funds are passed to obtain the appearance of SB or micro business participation.

Respondent must complete Attachment 10, CUF Certification. All Respondents and Subcontractors identified in the response to fulfill the requirements for one (1) or more of the socio-economic programs (DVBE and SB) must perform a CUF in the resulting contract. CUF is defined pursuant to MVC section 999(b)(5)(B) and Government Code section 14837(d)(4)(A) for the DVBE and small business programs, respectively.

If Respondent is not using subcontractors, complete and sign Attachment with “Not Applicable”. Failure to submit the requested written information as specified may be grounds for rejection.

T. TACPA Preferences

The TACPA preference will be granted if this solicitation is an Information Technology (IT) procurement valued at $100,000 and greater. Bidders wishing to take advantage of this preference will need to review the following website and submit the appropriate response with their bid: Link to TACPA

The maximum preference allowed for TACPA is 9 percent of the bid amount but may not exceed $50,000 for any bid.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference

Contracts excluded from this Preference Program include construction contracts and contracts with designated worksite. Bidders wishing to take advantage of this preference are required to submit the following applications/forms:

TACPA (Std. 830) TACPA preference request (STD.830).

Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 525) Bidder's Summary of Contract Activities and Labor Hours (goods and services) Manufacturer Summary of Contract Activities and Labor Hours (DGS/PD 526).

Manufacturer Summary of Contract Activities and Labor Hours (goods)

U. Debarment and Suspension (Executive Orders 12549 and 12689)

Please complete, sign and return the Federal Debarment Certification Form https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_2.pdf

V. Byrd Anti-Lobbying Amendment (31 U.S.C 1352) (Attachment 11)

Please complete, sign and return the Byrd Anti-Lobbying Amendment Form

W. Certification of Insurance Requirements (Attachment 12)

The Contractor must maintain in force (as required by State law) a valid Certificate of Insurance (COI) for all employees engaged in the performance of the Contract and agree to furnish the Department of Technology satisfactory evidence thereof within ten days of the contract award and at any time the Department of Technology may so request.

X. Worker’s Compensation Certificate (Attachment 13)

Bidders must agree to the provisions of section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this Contract.

Y. Pre-Employment Background Checks for Contractors (Attachment 14)

CDT recognizes the need for hiring practices that will ensure the greatest degree of security for data center operations and the data maintained within the Department (Policy Number 2021). Under the authority of Government Code 11546.6, a criminal background check utilizing California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) records must be conducted on every prospective contractor, subcontractor, volunteer, or vendor whose duties include, or would include, working on data center, telecommunications, or network operations, engineering, or security with access to confidential or sensitive information and data on the network or computing infrastructure.

All fingerprints shall be taken digitally using Live Scan technology and transmitted electronically to the DOJ.

Upon award, the Contractor must have each and every employee (including any subcontracted employees) engaged in the resulting contract get a criminal background check utilizing California DOJ and FBI records. See Attachment 14, Pre-Employment Criminal Background Check Policy, for further instructions. Failure to comply with the criminal background check policy will result in disqualification or contract termination.

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_2.pdf

The State reserves the right to request substitution of employees who fail the criminal background check. Contractor must provide a substitute of equal or better qualifications for the same rate as proposed in Cost Worksheet.

Z. Mandatory GenAI Disclosure Notification

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

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

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

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

Government Code 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. ADMINISTRATIVE INFORMATION

A. The RFQ and the Bidder’s response will be incorporated by reference into the resulting Contract.

B. Upon Notice of Award posting, all documents submitted in response to this RFQ will become the property of the State of California and will be regarded as public records under the California Public Records Act (PRA) (Government Code 6250 et. seq.) and subject to review by the public.

C. For this project there will be no changes in occupancy or use; remodel or modification, and no flammable, combustible or hazardous material are to be stored or planned for the site. In addition, there is to be no construction of new, permanent or temporary buildings and facilities, or renovation or structural repair, alteration, or addition to existing buildings and facilities.

D. Prime Contractor’s DVBE Subcontracting Reporting Requirements

MVC 999.5(d), Government Code 14841, and California Code of Regulations (CCR) 1896.78(e) requires all Prime Contractors that had a DVBE firm perform any element of work for a contract to report DVBE information.

E. Security and Data Protection Requirements

CDT must ensure agreements with state and non-state entities include provisions which protect and minimize risk to the state when engaging in the development, use, or maintenance of information systems, products, solutions, or services. The Contractor must comply with the State Administrative Manual (SAM) Section 5305.8.

F. Seller’s Permit (If Applicable)

You must provide your company’s California retailer seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization (BOE), pursuant to all requirements as set forth in Sections 6487, 7101, 6452.1, 6487.3, and 18510 of the Revenue and Taxation Code, and Section 10295.1 of the PCC. In order to expedite the process of verifying the validity of the permit, attach a copy of the permit with your RFQ response.

G. Plastic Trash Bag Certification Violations

Public Resources Code 42290 et seq. prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors, that have been determined to be noncompliant with the recycled content plastic trash bag certification requirements. This includes award of a State contract or subcontract or renewal, extension, or modification of an existing contract or subcontract.

Prior to award the State shall ascertain if the intended awardee or proposed subcontractor is a business identified on the current CalRecycle noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the California Integrated Waste Management Board of the proposed award and afford the Board the opportunity to advise the State. No award will be made when either the Offeror or a subcontractor has been identified either by published list or by advice from the Board, to be in violation of certification requirements.

H. GC 12990 and Non-Discrimination (IT and Non-IT Goods Only)

Any employer who wishes to contract with the State for goods is subject to the provisions of GC 12990 relating to discrimination in employment. Contractors that do not meet the provisions of GC 12990 are not eligible to contract with the State for IT goods. Ineligible contractors are identified in the California Regulatory Notice Register. To access the California Regulatory Notice Register: https://oal.ca.gov/publications/notice_register/

I. RFQ General Information

i) Issuance of this RFQ in no way constitutes a commitment by the State to award an Agreement. The State reserves the right to reject Bids received and cancel this RFQ if the State determines that it is in the State’s best interest to do so. RFQ responses that reference a Bidder’s own terms and conditions, provisions, assumptions, and/or conditional language will be considered non-responsive and be rejected. Any response that is conditional or incomplete may also be considered to be non-responsive.

Assumptions made by the Bidder in responding to this RFQ do not obligate the State.

Additionally, assumptions may make the Bid conditional and cause the Bid to be rejected.

https://oal.ca.gov/publications/notice_register/

ii) If a Bidder discovers any ambiguity, conflict, discrepancy, omission or any other errors in this RFQ, the Bidder should immediately provide written notice to the State of such error and request clarification or modification of the affected document. Bidders requiring clarification of the intent and content of this RFQ may request clarification by submitting questions via email to the Department Contact listed on the cover page of this RFQ.

iii) The State may modify any part of the RFQ, by issuance of one or more addenda. Addenda will be numbered consecutively and posted online at caleprocure.ca.gov.

iv) The State may request clarifications from Bidders at any phase of the assessment and selection process for the purpose of clarifying ambiguities in the information presented in the Response. The State is under no obligation to request clarification if information in the Bid is unclear.

v) All costs for developing Responses are entirely the responsibility of the Bidder and shall not be chargeable to the State.

vi) The attached Agreement in its entirety (Exhibits A-D) will be a part of the final purchase order when executed.

SECTION II – EVALUATION INFORMATION

1. EVALUATION PROCESS

Each RFQ response will be checked for the presence of required information in conformance to the submission requirements of this RFQ. CDT will evaluate each RFQ response to determine its responsiveness to the requirements. CDT reserves the right to make mathematical corrections to cost worksheets and/or ask clarifying questions.

The overall responsiveness of each quote is based on the complete response from the Respondent to the RFQ requirements, including Exhibit A, SOW. An award, if made, will be to the responsive and responsible Bidder providing the lowest cost in accordance with Section II.3, Evaluation Criteria.

2. RESPONSIBLE BIDDER

This RFQ will be awarded to the lowest, responsive, responsible Bidder after application of any applicable incentives and preferences. CDT may require Bidder(s) to submit evidence of their qualifications at such times and under conditions as CDT deems necessary. If a Bidder has been determined to be non-responsible, the RFQ response shall be rejected.

The Bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. CDT may reject any or all Bids and may waive any immaterial deviation in the Bid. CDT’s waiver of an immaterial defect shall in no way modify the Bid document or excuse the Bidder from full compliance with all the requirements if awarded the Agreement.

3. EVALUATION CRITERIA

The following sections and criteria will be reviewed by CDT’s evaluation team:

A. Administrative Requirements Evaluation (Pass/Fail)

Respondents must pass the Administrative Requirements Evaluation to continue on to the Cost Requirements Evaluation. All required attachments, forms, and documents as outlined below must be submitted.

ADMINISTRATIVE REQUIREMENTS YES

(PASS)

NO

(FAIL)

1. One (1) Master Electronic Copy of Quote Response

2. Table of Contents

3. Cover Letter (Attachment1)

4. Administrative Requirements Checklist (Attachment 2)

5. Technical Requirements Acceptance (Attachment 3)

6. Company References (Attachment 4)

7. Security and Confidentiality Statement (Attachment 5)

8. Completed Cost Worksheet (Exhibit B-1)

9. Payee Data Record, STD 204 (Attachment 6)

10. Certification with the Secretary of State (Attachment 7)

11. California Civil Rights Laws Certification (Attachment 8)

12. Declaration Forms (Attachment 9)

13. Commercially Useful Function Certification (Attachment 10)

14. Byrd Anti-Lobbying Amendment Form (Attachment 11)

15. Certificate of Insurance (Attachment 12)

16. Worker’s Compensation Requirement (Attachment 13)

17. Pre-Employment Criminal Background Checks for Contractors (Attachment 14)

18. DVBE Incentive If applicable

19. Small Business Preference If applicable

20. Non-SB Subcontractor Preference If applicable

21. SB Nonprofit Veteran Service Agencies (SB/NVSA) Preference

If applicable

22. TACPA Preferences If applicable

4. COST REQUIREMENTS EVALUATION CRITERIA

If the RFQ response passes all Administrative Requirements, it shall be evaluated based on the Grand Total Price as reflected on Exhibit B-1, Cost Worksheet.

APPLICATION OF OPTIONAL PREFERENCES AND INCENTIVE PROGRAMS

Cost adjustments for preference claims (TACPA and SB) and incentives (DVBE) will be performed during cost assessment.

LOWEST COST

The basis of award shall be lowest evaluated cost. Contracts may be amended to exercise optional years or for additional funds (at the rates bid and evaluated). The State makes no guarantee as to the minimum or maximum usage of any one contract.

TIEBREAKER

In the event of a tie, contract award will be made as a result of a coin toss. Tied Bidders will be invited to attend the coin toss and State witnesses will also be present.

Note: In the event of a precise tie between suppliers claiming the incentive, the Bidder’s proposal of an SB and the Bidder’s proposal of a DVBE that is also a SB, the award shall go to the DVBE that is also an SB. (Reference Chapter 3 and GC section 14838 (f) and 2 CCR section 1896.8(f)).

SECTION III – AWARD AND PROTEST INFORMATION

1. AWARD OF CONTRACT

Award of a Contract, if made, will be to a single responsive and responsible Respondent having the lowest cost, with all the requirements of the RFQ Section II – Evaluation, and any addenda thereto, except for such immaterial defects as may be waived by the State. The award will be made within forty-five (45) days after the scheduled date for Contract Award as specified in the RFQ; however, a Respondent may extend the offer beyond 45 days in the event of a delay of Contract execution.

The State reserves the right to determine the successful Respondent(s) either on the basis of individual items or combination of all items included in its RFQ, unless otherwise expressly provided in the State’s RFQ. Unless the Respondent specifies otherwise in their quote, the State may accept any item or group of items of any quote. The State reserves the right to modify or cancel in whole or in part this RFQ.

Written notification of the State’s intent to award will be made to all respondents who submit a quote. If a respondent, having submitted a quote, can show that their quote, instead of the quote selected by the State, should be selected for contract award, the respondent will be allowed five (5) working days to submit a protest to the Intent to Award, according to the instructions contained in the paragraph titled “Protests” of this RFQ.

2. PROTESTS

Any Respondent’s issues regarding solicitation requirements must be resolved (or attempts to resolve them must have been made) before a protest may be submitted according to the procedure below. These issues will first be resolved by the contact for the solicitation or if they result in a protest, the protest will be submitted to DGS Procurement Division Deputy Director to hear and resolve issues and whose decision will be final.

If a Respondent has submitted a quote which it believes to be totally responsive to the requirements of the RFQ and to be the quote that should have been selected according to the evaluation procedure in the solicitation section on Evaluation and the Respondent believes the State has incorrectly selected another Respondent for award, the Respondent may submit a protest of the selection as described below. Protests regarding selection of the “successful vendor” will be heard and resolved by the DGS’ Office of Legal Services whose decision will be final.

All protests of award must be made in writing, signed by an individual authorized to bind the Respondent 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 emailed to:

Department of General Services

Procurement Division Statewide Procurement Oversight, Consulting and Support Services Section

707 Third Street, Second Floor West Sacramento, CA 95605

PDProtest@dgs.ca.gov

The protester must provide a copy of the protest to CDT. A copy of the protest must be emailed to:

California Department of Technology Acquisitions & IT Program Management Branch

P.O. Box 1810 Rancho Cordova, CA 95741-1810 ciohardwareprocurement@state.ca.gov

All protests to the RFQ or protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by the DGS Procurement Division Deputy Director as promptly as possible, but no later than the date indicated in the Notification of Intent to Award.

mailto:PDProtest@dgs.ca.gov mailto:ciohardwareprocurement@state.ca.gov

ATTACHMENT 1

COVER LETTER

The submission of this quote does not obligate the California Department of Technology (CDT) to fund the proposed Contract. If the quote is approved for funding, a Contract will be executed between CDT and the Contractor. When funding is authorized, the Contractor will be expected to adhere to the terms of the executed Contract.

The undersigned Contractor hereby proposes to furnish all labor, materials, tools and equipment, to provide services in accordance with the specifications and provisions contained in the solicitation.

The undersigned Contractor further states that it can meet and will adhere to all of the requirements, as outlined in the SOW.

1. Full Legal Name of the Contractor’s Organization:

2. Mailing Address and contact information:

Street City State Zip

Telephone FAX Email

3. Federal Taxpayer Identification Number:

4. Principal who is authorized to bind the Contractor:

Typed Name Title

Original Signature Date

5. The Contractor’s contact person shall be:

Name Phone Number

The Respondent offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items at the prices quoted and delivered to the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. By signing, with inclusion of the date of signature, the above signed Contractor DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE) The above signed has 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; and (3) If a claim is made as a Small Business or Disabled Veterans Business, the information set forth within is true and correct.

ATTACHMENT 2

ADMINSTRATIVE REQUIREMENTS CHECKLIST

Please complete the required Administrative Requirements Checklist to confirm that all items are contained with your RFQ response. Place a check mark or “” next to each item that you are submitting to the State.

Check

Attachment # Name/Description Form Provided Required

Attachment 1 Cover Letter YES YES Attachment 2 Administrative Requirements Checklist YES YES Attachment 3 Technical Requirements Acceptance YES YES Attachment 4 Company References YES YES Attachment 5 Security and Confidentiality Statement YES YES Attachment 6 Payee Data Record, STD 204 LINK YES Attachment 7 Certification with the Secretary of State LINK YES Attachment 8 California Civil Rights Laws Certification YES YES Attachment 9 Declaration Forms LINK YES Attachment 10 Commercially Useful Function Certification YES If Applicable Attachment 11 Byrd Anti-Lobbying Amendment Form YES YES Attachment 12 Certificate of Insurance YES YES Attachment 13 Worker’s Compensation Requirement YES YES Attachment 14 Pre-Employment Background Check YES UPON

AWARD

EXHIBITS EXHIBIT NAME/DESCRIPTION

Exhibit B-1 Cost Worksheet YES YES

OTHER DESCRIPTION

Final RFQ Response One (1) Master Electronic Copy of Quote

Response N/A YES

Exhibit A.12 Contractor’s Work Plan N/A YES

OPTIONAL DESCRIPTION

Section I.7.M DVBE Incentive LINK OPTIONAL Section I.7.O Small Business Preference LINK OPTIONAL Section I.7.P Non-SB Subcontracting Preference LINK OPTIONAL Section I.7.T TACPA Preferences LINK OPTIONAL

ATTACHMENT 3

TECHNICAL REQUIREMENTS ACCEPTANCE

Technical Requirements RFQ Reference

Meets Requirement Yes or No

(Reference in Bid Response-cite section and page number)

1. Minimum Qualifications Exhibit A.6

2. Tasks and Responsibilities Exhibit A.7

3. Network – Technical Specifications Exhibit A.8

4. Maintenance Requirements Exhibit A.9

5. Other Administrative Requirements Exhibit A.10

6. Network Map Exhibit A.11

7. Contractor’s Work Plan Exhibit A.12

8. Permits Exhibit A.13

9. Notifications Exhibit A.14

10. Documentation Exhibit A.15

11. Problem Escalation Exhibit A.16

12. Prevailing Wage Exhibit A.17

13. Cancellation Provision Exhibit A.20

SIGNATURE DATE

NAME AND TITLE FIRM NAME

(PRINT OR TYPE)

ATTACHMENT 4

COMPANY REFERENCES

Complete this form for each reference.

SUBMITTING FIRM’S NAME

CLIENT COMPANY/ORGANIZATION DATES OF SERVICE

to

STREET ADDRESS

CITY STATE ZIP CODE

CONTACT PERSON NAME PHONE NUMBER

PROJECT NAME/DESCRIPTION

DESCRIPTION OF SERVICE PROVIDED

Describe the services provided for this client as it relates to the SOW Requirements. The description of services must be detailed and comprehensive enough to permit the Department of Technology to assess the similarity of these services to the work anticipated in the award of the Contract resulting from this solicitation.

ATTACHMENT 5

SECURITY AND CONFIDENTIALITY STATEMENT

As an authorized representative and / or corporate officer of the company named below, I agree that all persons employed by this company will adhere to the following policy:

All information belonging to the California Department of Technology, or its affiliated agencies is considered sensitive and / or confidential and cannot be disclosed to any person or entity that is not directly approved to participate in the work required to execute this Agreement.

I certify that I will keep all project information, including information concerning the planning, processes, development or procedures of the Project, confidential and secure. I will not copy, give or otherwise disclose such information to any other person unless the Department of Technology has on file a Security and Confidentiality Statement signed by the other persons, and the disclosure is authorized and necessary for the Project. I understand that the information to be kept confidential includes, but is not limited to, specifications, administrative requirements, terms and conditions, concepts and discussions, as well as written and electronic materials. I further understand that if I leave this project before it ends, I must still keep all project information confidential. I agree to follow any instructions provided by the Project relating to the confidentiality of project information.

I fully understand that any unauthorized disclosure I make may be basis for civil or criminal penalties and / or disciplinary action (for state employees). I agree to advise the contract manager immediately in the event of an unauthorized disclosure, inappropriate access, misuse, theft or loss of data.

All materials provided for this Project, except where explicitly stated will be promptly returned or destroyed, as instructed by an authorized Department of Technology representative. If the materials are destroyed and not returned, a letter attesting to their complete destruction which documents the destruction procedures must be sent to the contract manager at the Department of Technology before payment can be made for services rendered. In addition, all copies or derivations, including any working or archival backups of the information, will be physically and / or electronically destroyed within five (5) calendar days immediately following either the end of the contract period or the final payment, as determined by the Department of Technology.

All personnel assigned to this project shall be provided a Security and Confidentiality Statement and will be expected to sign and return it to the representative listed below before beginning work on this project.

REPRESENTATIVE NAME TITLE PHONE NUMBER

COMPANY NAME

STREET ADDRESS

CITY STATE ZIP CODE

SIGNATURE DATE

ATTACHMENT 6

PAYEE DATA RECORD, STD 204

The Respondent is required to submit a Payee Data Record, STD 204. Refer to the following link for more details.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

ATTACHMENT 7

CERTIFICATION WITH THE SECRETARY OF STATE

If required by law, the Prime Contractor must submit a Certificate of Status from California Secretary of State (SOS), showing Prime Contractor is certified with the SOS to do business in the State of California.

Domestic and foreign Corporations, Limited Liability Companies (LLCs) and Limited Partnerships (LPs) must be registered with the California SOS to be awarded the Contract. The SOS Certificate of Status must be included with the response. The required document(s) may be obtained through the SOS, Certification and Records Unit at (916) 657-5448 or through the following website:

SOS Search.

If the Respondent does not currently have this certification, the firm must be certified before a Contract award can be made and must provide information in the RFQ response to support the status of its application to be certified to do business in the State of California.

For more information, refer to the SOS website at: SOS Website https://bizfileonline.sos.ca.gov/search/business http://www.sos.ca.gov/business/be/faqs.htm

ATTACHMENT 8

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

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

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

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

CERTIFICATION

I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

ATTACHMENT 9

DECLARATION FORMS

All Respondents must complete the Bidder Declaration GSPD-05-105 and include it with the quote response. When completing the declaration, the Respondent must identify ALL proposed subcontractors proposed for participation in the contract. If the Respondent is claiming the Small Business Preference and/or DVBE Incentive, they must complete all sections of the Bidder Declaration GSPD-05-105, as applicable. The document and instructions may be accessed at the website link:

Bidder Declaration Form

The Respondent awarded the Contract is 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. (2 CCR § 1896.10.)

If the Respondent is a certified DVBE, the Disabled Veteran Business Enterprise Declarations (DGS PD 843) form must be submitted. The form may be accessed at the following website link:

DGS PD 843

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

ATTACHMENT 10

COMMERCIALLY USEFUL FUNCTION CERTIFICATION

All Bidders must complete the CUF Certification Form and include it with the response.

This form must be completed and returned in order for the bid to be considered responsive if any of the following are involved:

• Certified SB/DVBE prime contractors who are not the direct manufacturer of the contracted goods or direct provider of contracted services and not using subcontractors

• Certified SB/DVBE prime contractors using any subcontractors

• Certified SB/DVBE subcontractors

Military and Veterans Code Section 999 and Government Code Section 14837 establish that a certified SB or DVBE must perform a “commercially useful function (CUF)”. CUF is defined as a business that meets ALL of the following five requirements:

Respondent Name: Certification #:

Certified vendor is responsible for the execution of a distinct element of the work of the proposed contract?

Yes No

Certified vendor carries out its obligation by actually performing, managing, or supervising the work involved?

Certified vendor performs work that is normal for its business, services and function?

Certified vendor is responsible, with respect to products, inventories, materials, and supplies…

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