RFQ_38975_Halon_Fire_System_Services_Addendum_1.docx

REQUEST FOR QUOTE (RFQ)

Notice to Prospective Contractors Halon Fire System Services

RFQ #: 38975

April 22, 2026

Bidders are invited to review and respond to this Request for Quote (RFQ) #38975. In submitting a bid, Bidders must comply with the instructions found herein. The specific services required are defined in the attached Exhibit A, Statement of Work (SOW).

Questions regarding this RFQ must be sent via email by the date/time stated in the Key Action Dates, in Section 3, page 3, in this solicitation. An official response will be released to all interested Bidders via a Question-and-Answer document. Submit questions via email to ITSolicitations@cpuc.ca.gov with the subject line “RFQ #38975”. Verbal information given will not be binding upon the State unless such information is also issued in writing as an official addendum.

The California Government Code, Section 14835, et seq., requires a five percent (5%) preference be given to Bidders who qualify as a Small/Micro business enterprise (SB/MB). The rules and regulations of this law are contained in Title 2, California Code of Regulations Section 1896, et seq. Non-SB/MB Bidders will be granted a five percent (5%) preference when they agree to subcontract at least twenty-five (25%) of their total cost with one or more California-certified SB and/or MB.

There is no mandatory SB/MB participation requirement for this solicitation. However, the SB/MB incentive will be applied when appropriate.

The California Disabled Veteran Business Enterprise (DVBE) Program requires that state agencies take all practical actions necessary to meet or exceed a DVBE participation goal of three (3%) percent of the agency’s overall contract dollars.

There is no mandatory DVBE participation requirement for this solicitation. However, the DVBE incentive will be applied when appropriate.

Reasonable Accommodation:

STATE OF CALIFORNIA GAVIN NEWSOM, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

To comply with the non-discrimination requirements of the Americans with Disability Act (ADA), it is the policy of the State to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you may notify the CPUC by emailing ITSolicitations@cpuc.ca.gov. To ensure that we can meet your need, submit your request for reasonable modification at least five (5) business days before the scheduled event or due date listed in the Key Action Dates, in Section 3, page 3, in this solicitation.

Table of Contents

REQUEST FOR QUOTE (RFQ)

PURPOSE AND BACKGROUND

The State of California, California Public Utilities Commission (CPUC), hereinafter referred to as the “CPUC” or “State,” requires the services of a Contractor to provide the CPUC with Halon Fire Suppression System inspection, maintenance, incident response, and parts replacement services, including replacement of end-of-life, defective, or unrepairable components, in accordance with applicable fire and safety codes.

The requested services relate to the CPUC’s existing FenwalNET 8000-ML Halon fire suppression system serving the 3rd Floor Communications and Server Rooms at 505 Van Ness Avenue, San Francisco, CA 94102. Based on currently available field information, the control unit is identified as Model FenwalNET 8000-ML, Serial No. PYM 53226101, Part No. 74-800100-001.

TERM OF CONTRACT

The period of performance for the Contract shall be from June 30, 2026 through June 30, 2028. The State reserves the option to extend the term of the Contract at its sole discretion for three (3) optional additional one (1) year terms at the original rates assessed and considered via amendment.

The Contractor shall not be authorized to deliver goods or commence performance of services described in the Exhibit A - SOW prior to the Effective Date. Any delivery of goods or performance of services by the Contractor commenced prior to the Effective Date shall be considered gratuitous on the part of the Contractor.

Upon mutual consent, the CPUC and the Contractor may execute written amendments for changes to this Contract that were assessed and considered.

KEY ACTION DATES

All Bidders are advised of the following schedule and will be expected to adhere to the required dates and times. Selection of any Bidder pursuant to this RFQ is dependent upon management approval, and the availability of State funds. Dates are estimated and may be extended as necessary.

GENERAL PROVISIONS – INFORMATION TECHNOLOGY

By submitting a bid, Bidders agree to the terms and conditions stated in the Department of General Services Information Technology General Provisions – Non-Cloud 403ITGP 02202025, which can be located here: DGS

By submitting a bid, Bidders agree to the terms and conditions stated in Exhibit C – Information Security Provisions.

PREFERENCE AND INCENTIVE PROGRAMS

Bidder may qualify for a Small Business (SB) preference and/or Disabled Veteran Business Enterprise (DVBE) incentive as described in sections A through D below.

The maximum SB/DVBE preference/incentive allowed individually may not exceed $50,000 for any response, and in combination with any other preferences/incentive, the maximum limit of the combined preferences/incentive is $100,000.

To qualify for a SB/DVBE preference or incentive, the Bidder must identify any applicable certifications for themselves or any subcontractors using Attachment 3 - Bidder Declaration Form (GSPD-05-105). Bidders who want to qualify for the DVBE incentive must also fill out Attachment 4 – DVBE Declaration Form (DGS PD 843) and include it as a part of their response. Information provided on the Declaration forms will be verified by CPUC prior to the award of the contract.

A. Small Business Preference

1) Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to Bidders who qualify as a SB or Micro business enterprise (MB). The rules and regulations of this law are contained in Title 2, California Code of Regulations Section 1896, et seq.

2) Non-SB/MB Bidders will be granted a five percent (5%) preference when a responsible non-SB/MB agrees to subcontract at least twenty-five (25%) of their total proposal cost with one or more California-certified SB/MB. However, this preference for a non-SB/MBs may not be used to take an award away from a certified SB/MB.

3) The SB/MB preference is calculated by subtracting 5% of the lowest non-SB/MB cost response from the cost response of each SB/MB or non-SB/MB subcontracting 25% or more to a SB/MB.

B. DVBE Incentive

1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in Military and Veterans Code §999 et seq., and California Code of Regulations §1896.99 et seq.

2) The DVBE incentive is available to certified DVBEs and non-DVBE Contractors who commit to subcontracting with a certified DVBE. The incentive amount will vary in conjunction with the percentage of DVBE participation. The following percentages will apply:

3) The DVBE incentive is calculated by subtracting an eligible Bidder’s participation percentage of the lowest non-DVBE business’s cost response from the cost response of each DVBE Bidder.

4) Bidders can access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at: www.caleprocure.ca.gov. To begin your search, click on “Small Business and Disabled Veteran Business Enterprise Services,” then click “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes” (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.caleprocure.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the DGS OSDS at (916) 375-4940 or send an email to: OSDSHelp@dgs.ca.gov

5) Bidder understands and agrees that should award of this contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the DGS. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

6) 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 M&VC § 999.9; Public Contract Code (PCC) §10115.10.

7) Pursuant to Mil. & Vet. Code Section 999.7, ten thousand dollars ($10,000) will be withheld from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the Prime Contractor complies with the certification requirements of subdivision (d) of Mil. & Vet. Code Section 999.5. Prime Contractor shall be given 30 days’ notice to cure the defect. If, after thirty (30) calendar days from the date of notice, the Prime Contractor refuses to comply with the certification requirements, CPUC shall permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000).

8) Application of the DVBE incentive cannot displace a California certified SB/MB from a contract award. However, one SB/MB can displace another SB/MB for award as a result of application of other preferences and/or the DVBE incentive. In the event of a precise tie between the bid of a certified SB/MB and the bid of a certified DVBE that is also a SB/MB, the award shall go to the DVBE that is also a SB/MB.

C. Applying the preference/incentive If upon verification of Bidder’s business status, it is determined that a Bidder or Subcontractor is not a certified SB/DVBE business as claimed, the Bidder shall be classified as a large business which shall preclude Bidder from receiving any preference or incentive.

Any incentive or preference applied to a Bidder’s solicitation response is used only for evaluation purposes to arrive at the successful Bidder and does not alter the actual amount of the Bidder’s response. Any contract awarded from this solicitation will be in the amount of the Bidder’s actual submitted cost.

Pursuant to Government Code 14841, upon completion of the contract for which a commitment to achieve SB/MB or DVBE participation goals was made, the Contractor shall report to the awarding department the actual percentage of SB/DVBE participation that was achieved.

In order to be given a preference or incentive, a certified SB/MB or DVBE Contractor or Subcontractor must meet the commercially useful function (CUF) requirements under Government Code Section 14837(d) (4). A person or an entity is deemed to perform a "commercially useful function” if that person or entity does all of the following:

1) Is responsible for the execution of a distinct element of the work of the Contract;

2) Carries out the obligation by actually performing, managing, or supervising the work involved;

3) Is responsible with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payments;

4) Performs work that is normal for its business services and functions; and

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

A Contractor or Subcontractor will not be considered to perform a CUF if the Contractor’s or Subcontractor’s role is limited to that of an extra participant in order to obtain the appearance of SB/MB or DVBE participation. CUF compliance will be evaluated by CPUC as part of the proposal.

D. SB/DVBE Certification status Bidders with pending certification applications under review by the DGS concurrent with the proposal time frame should contact DGS/OSDS to request an expedited review/approval of their application in order to be considered for the preference or incentive during the evaluation of their solicitation response. Contact DGS OSDS at (916) 375-4940 to obtain information about the application expedition process. Bidders must notify the CPUC in writing at the time of response submission that they have an application for SB/MB or DVBE certification under review at the DGS OSDS and that they wish to be considered for the SB/MB and/or DVBE Preference Calculation.

Information on how to become certified as a SB/MB or DVBE, and other related information can be found online: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise E. Target Area Contract Preference Act (TACPA) The TACPA workplace and workforce preferences will be evaluated for this solicitation. California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid. The following webpage contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone: Request a Target Area Contract Preference By submitting TACPA forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by GC Section 4535 and provided in section 1896.40 of Title 2 of the California Code of Regulations (2 CCR 1896.40) in addition to requirements specified on the TACPA form STD 830.

QUESTIONS

Bidders requiring clarification of the intent, terms and conditions, content of this RFQ, and/or on procedural matters regarding the competitive RFQ process, may request clarification by submitting questions in accordance with the Key Action Dates in an email to ITSolicitations@cpuc.ca.gov with a subject line of “Questions – Halon Fire System Services RFQ #38975". All questions must be submitted using the following format:

If a Bidder submits a question after the scheduled Written Question Submittal Deadline date, the CPUC will attempt to answer the question but does not guarantee that the answer will be given prior to the Submission of Bid due date. Question and answer sets will be provided to all Bidders without identifying the submitters. At the sole discretion of the CPUC, questions may be paraphrased for clarity.

A maximum of ten (10) questions may be submitted by each bidder. If more than 10 questions are submitted, only the first 10 will be answered in the order they appear from top to bottom. Bullet points or any other sub-items attached to a question will each be treated as a separate question for the counter. If the CPUC determines that multiple questions are included in a single sentence and/or paragraph, they will be treated as separate questions for the counter.

A Bidder who desires clarification or further information on the content of the solicitation, but whose questions relate to the proprietary aspect of that Bidder’s response and which, if disclosed to other Bidders, would expose that Bidder’s response, may submit such questions in the same manner as above, with “CONFIDENTIAL” added to the email subject line. The questions must be received prior to the scheduled Written Question Submittal Deadline date specified in Section 3: Key Action Dates of this RFQ to ensure a response. The Bidder must explain why any questions are sensitive in nature. If the CPUC concurs that the disclosure of the question or answer would expose the proprietary nature of the response, the question will be answered, and both the question and answer will be kept in confidence. If the CPUC does not concur with the proprietary aspect of the question, the question will not be answered in this manner, and the Bidder will be so notified.

SUBMISSION OF BID REQUIREMENTS

Bids should provide straightforward and concise descriptions of how the Bidders propose to satisfy the requirements of this RFQ. The bid should be complete and accurate. Electronic signatures are accepted per DGS Management Memo 20-07. Omissions, inaccuracies, or misstatements may be sufficient cause for rejection of a bid.

A. Electronically submit (1) copy to: ITSolicitations@cpuc.ca.gov . The subject line must include “RFQ #38975/Bidder Name”.

B. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

C. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. CPUC may reject any or all bids and may waive any immaterial deviation in a bid. CPUC’s waiver of immaterial deviations shall in no way modify the RFQ document or excuse the Bidder from full compliance with all requirements if awarded the Contract.

D. The Bidder shall provide all necessary information for the CPUC to assess the bid, verify requested information, and determine the Bidder’s ability to perform the tasks and activities defined in the SOW.

E. Any documentation submitted that has been marked “confidential” or “proprietary” shall be noted in the assessment documentation. However, marking a document "confidential" or "proprietary" in a bid will not prevent that document from being released, as a public record, unless a court of competent jurisdiction has ordered the State to not release the document. All documents submitted in response to this RFQ will become the property of the State of California and are subject to the California Public Records Act, GC section 6250 et seq., the California Evidence Code and other applicable State and Federal law. Bidder has the right to withdraw its bid.

F. Costs incurred for developing bids and in anticipation of award of the Contract are entirely the responsibility of the Bidder and shall not be charged to CPUC.

G. A Bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the Final Date for Submission of Bids deadline as set forth in the Key Action Dates. Bid modifications made in any other manner, oral or written, will not be considered.

H. Issuance of this RFQ in no way constitutes a commitment by the State of California to award a Contract. CPUC reserves the right to reject any or all bids received if CPUC determines that it is in the CPUC’s best interest to do so. Assumptions made by the Bidder in responding to this RFQ do not obligate CPUC in any way. Additionally, assumptions may make the bid conditional and cause the bid to be rejected. Bids will be assessed based on determining the “lowest cost” bid; and the selection, if made, will be to a single Bidder.

I. The specific tasks associated with this RFQ are included in the Exhibit A - SOW section. The SOW and Bidder’s response to this RFQ will be made a part of the Contract.

J. If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or any other errors in this RFQ, the Bidder shall immediately provide written notice to the CPUC of such error and request clarification or modification. Bidders that fail to report a known or suspected problem with the RFQ or fail to seek clarification and/or correction of the RFQ, submit a bid at their own risk.

K. Before submitting a bid for this solicitation, Bidders should review, correct all errors, and confirm compliance with the RFQ requirements.

L. CPUC does not accept alternate Contract language from a prospective Bidder. A bid with such language will be considered a counteroffer and will be rejected. The State’s General Provisions are not negotiable.

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

SITE VISIT

The Bidder may request an on-site visit of the State's proposed work facility at any time during the bid submission and assessment process, as determined necessary by the Bidder in its sole discretion. Site visits may be used to assess operational readiness, facility capability, security controls, and the Bidder's ability to support the required services.

At the State's sole discretion, an in-person site visit may be substituted with a virtual walkthrough conducted via a State-approved conferencing platform. The State shall cooperate fully and make the facility and relevant personnel available upon reasonable notice.

RFQ RESPONSE CONTENT

This section specifies the content of each bid. Assemble the materials in the following order.

A. ADMINISTRATIVE REQUIREMENTS

This subsection contains the mandatory administrative requirements that must be met to be considered responsive to this solicitation. Each of the below requirements will be scored with either a “Pass” or a “Fail”.

Cover Page Attachment 1 – Cover page, must contain the signature of an authorized representative from your company. This signature indicates the Bidder agrees to all the terms and conditions contained with this RFQ, and the associated Contract.

Payee Data Record (STD 204) Bidders must complete Attachment 2 – Payee Data Record (STD 204) form, which is accessible electronically, under Office of State Publishing (OSP) Standard forms, STD 204, at: http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

Bidder Declaration Form (GSPD-05-105) Bidders must include a completed copy of the Attachment 3 - Bidder Declaration Form with their bid. The form can be found at: http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

Disabled Veteran Business Enterprise Declarations (DGS PD 843) If applicable, Bidders that have been certified by California as a DVBE must also submit a completed Attachment 4 - DGS PD 843 form (Disabled Veteran Business Enterprise Declaration/Certification). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form. The completed form must be included with the bid. At the State’s option prior to selection, Bidders responding to an RFQ may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection. This form is available at https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf.

California Civil Rights Laws Certification

Pursuant to Public Contract Code section 2010, if a Bidder executes or renews a contract over $100,000 on or after January 1, 2017, the Bidder must complete and submit the Attachment 5 – California Civil Rights Law Attachment and include it with their Offer.

Confidentiality Statement Attachment 6 - The Confidentiality Statement must be signed and dated by the bidder, its employees and subcontractor employees working on this project, and submitted with the bidder’s proposal.

A separate Confidentiality Statement must be submitted for each staff member that will be assigned to this contract. For example, if 5 different named staff members are listed on the Cost Worksheet, then that means bidder must submit 5 signed Confidentiality Statements.

Generative Artificial Intelligence (GenAI) Disclosure & Factsheet All respondents must include a statement with their quote identifying if their proposed solution includes GenAI.

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

Failure to report GenAI to the State may result in disqualification. The State reserves its right to seek any and all relief 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.

TACPA Forms

California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone: Request a Target Area Contract Preference

B. COST REQUIREMENTS

This is a deliverables-based Contract. The Bidder is responsible for performing all tasks and responsibilities, and providing all services identified in the resulting Contract at the rates provided on Exhibit B – Cost Worksheet for the term of the Contract as identified in the Exhibit A - SOW, Section 2 – Term of Contract, including all costs for the optional year(s).

All Bidders must provide individual costs as indicated in Exhibit B.1 – Cost Worksheet by submitting Attachment 9 – Cost Worksheet with their bid. This requirement is scored – maximum of 100 points.

BID ASSESSMENT PROCESS

A “Best Value” approach will be used in reviewing bids received for this RFQ. An assessment committee will review and assess bids based on the degree to which they offer the best value to CPUC. A multiple phase process will be used to review and/or rate bids. CPUC may reject any bid found to be non-compliant at any stage of the review. The State reserves the right to modify or cancel this RFQ in its entirety or in part at any time. If deemed necessary, CPUC may collect additional documentation (i.e., missing forms, missing appendix items, missing data from RFQ forms) to enable initial responsiveness to the RFQ requirements.

A. Phase I – Acceptance Shortly after the submission deadline, CPUC will review each bid for initial responsiveness to the RFQ requirements (i.e., timeliness and completeness).

· Bids that do not comply with the mandatory components stipulated in this RFQ may be deemed non-compliant and the Bidder disqualified.

· The Bidder is required to thoroughly review the RFQ to ensure that its bid is fully compliant with the RFQ requirements and thereby avoid the possibility of being ruled non-compliant.

B. Phase II – Response Review/Rating Bids that appear to meet the initial RFQ requirements and contain the required documentation will be submitted to the assessment team.

· The assessment team will review and compare all bids to one another and assign a numeric score to each bid based on its adequacy, thoroughness, and the degree to which the proposed solution best meets the CPUC’s needs and represents the lowest cost to the State.

· If the State finds that a Bidder’s Final Offer has a material deviation from a specified requirement, the Bidder will be deemed non-compliant, and this will be the basis for rejecting the bid.

The assessment team will use the following scoring system to assign points. The following chart is a list of the requirements that will be considered when assigning points to a response.

Administrative Requirements

Cost Requirements

i. Administrative Assessment The Administrative Requirements of this RFQ will be scored as Pass or Fail. Responsiveness to the requirements listed in this RFQ will be either given a “Pass” (i.e., complied with requirement, completed, and returned document) or “Fail” (i.e., did not comply with requirement, did not complete or return document). If a Fail is given for any of the requirements, the bid may be rejected.

ii. Cost Assessment The Cost Requirements of this RFQ will be scored and may achieve a maximum of one hundred (100) points. The Assessment Team will review, calculate, and score Attachment 9 – Cost Worksheet to verify that it is complete with total cost of the bid. The bid with the lowest total cost will receive the maximum of one hundred (100) points. The Assessment Team will perform the following formula for the cost assessment of the other bids:

(Lowest Bid total cost / Other Bid total cost) * 100 points = Score

EXAMPLE: Cost Assessment Score1

(Lowest Proposed Total Cost divided by the Respondent’s Total Cost) Cost Score

1 Points and dollar amounts in the examples above explain the calculations and have no other significance.

The below example shows how the Cost Assessment Score is calculated with other scored requirements.

EXAMPLE: Maximum Non-Cost Scores and Cost Score1

1 Points in the examples above explain the calculations and have no other significance.

The final selection will be made based on the bids’ total scores earned from Phases I and II.

DISPOSITION OF BIDS

Upon award of the Contract, all materials submitted in response to this RFQ will become the property of the CPUC and, as such, will be regarded as public records under the California Public Records Act (PRA) (Government Code Section 6250, et seq.) and subject to review by the public.

The Bidder should be aware that marking a document “confidential” or “proprietary” in a Final Bid will not keep that document from being released as part of the public record after award of the Contract.

12. IRREVOCABLE BID ACKNOWLEDGEMENT

A Bidder’s final bid in response to this RFQ shall constitute a firm bid, which shall remain irrevocable for not less than one hundred eighty (180) calendar days following the date bids are due specified in the Key Action Dates section. In the event of a delay in Contract award, a Bidder may extend the expiration date of its firm bid an additional thirty (30) calendar days by written notice to the State.

This expiration date may be further extended by mutual agreement between the State and the Bidder, to accommodate processing time for required approvals and other procurement-related reviews. The State’s execution of a Contract from this RFQ will not be considered a rejection of any unsuccessful firm bid, which such other firm bids shall remain irrevocable for the period described above.

The State reserves the right, upon termination of any Contract and without initiating a new RFQ, to accept any Bidder's firm offer and form a Contract with the other Bidder. The State may continue to terminate and Contract with any other Bidders, as described above, until the expiration of all acceptable and firm bids obtained from the original RFQ.

13. SELECTION REQUIREMENTS AND INFORMATION

A. Non-responsive Bids In addition to any condition previously indicated in this RFQ or another document, the following occurrences may cause the State to deem a bid nonresponsive:

i. Failure of a Bidder to comply with the RFQ response content or submission instructions.

ii. Receipt of a bid that is conditional, materially incomplete, or defective.

iii. The State’s discovery, at any stage of the selection or upon Contract award, that the winning Bidder is unwilling or unable to comply with the Contract terms, conditions, attachments, or exhibits cited in this RFQ, or the resulting Contract.

B. Errors in Bids An error in the bid may cause the rejection of that bid; however, the State may, at its sole option, retain the bid and make certain corrections. In determining if a correction will be made, the State will consider the conformance of the bid to the format and content required by the RFQ.

i. If the Bidder's intent is clearly established based on review of the complete bid submittal, the State may at its sole option correct an error based on that established intent.

ii. The State may, at its sole option, correct clerical errors such as discrepancy and arithmetic errors on the basis that, if intent is not clearly established by the complete bid submittal, the bid narrative shall have priority over the Contract, and the Contract shall have priority over the cost sheets.

Within each of these, the lowest level of detail will prevail. If necessary, the extensions and summary costs will be recomputed accordingly, even if the lowest level of detail is obviously misstated. The total price of unit-price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible, uncertain for any cause, or omitted, it shall be the amount obtained by dividing the total price by the quantity of the item.

iii. The State may, at its sole option, correct errors of omission. In the following situations, the State will take the indicated actions if the Bidder's intent is not clearly established by the complete bid submittal:

1) If an item is described in the narrative but omitted from the Contract and cost data provided in the response for assessment purposes, it will be interpreted to mean that the item will be provided by the Bidder at no cost.

2) If a minor item is not mentioned at all in the response and is essential to satisfactory performance, the bid will be interpreted to mean that the item will be provided at no cost.

3) If a major item is not mentioned at all in the bid, the bid will be interpreted to mean that the Bidder does not intend to supply that item.

4) If a major item is omitted, and the omission is not discovered until after Contract award, the Bidder shall be required to supply that item at no cost. The State shall have sole-discretion in determining whether an item is minor or major.

iv. If a Bidder does not follow the instructions for computing costs not related to the Contract, if any, (i.e., State personnel costs), the State may reject the bid, or at its sole option, re-compute such costs based on instructions contained in the RFQ.

v. If the re-computations or interpretations, as applied in accordance with this section result in significant changes in the amount of money to be paid to the Bidder (if awarded the Contract) or in a requirement of the Bidder to supply a major item at no cost, the Bidder will be given the opportunity to promptly establish the grounds legally justifying relief from its bid.

vi. It is essential that the Bidder carefully review the cost elements in a bid, since they will not have the option to correct errors after the time for submittal of the Final Bids.

vii. The State may request clarification of items in a bid at any phase of the assessment and selection process for the purpose of clarifying ambiguities in the information presented in the bid. The CPUC will provide written notice to the Bidder(s) of the documentation required and the timeline for submission. Failure to submit the required documentation by the date and time indicated may cause the CPUC to deem the bid as non-responsive.

C. RFQ Cancellation or No Contract Award The issuance of this RFQ does not constitute a commitment by CPUC to award a Contract. CPUC reserves the right to reject all bids and to cancel this RFQ if it is in the best interests of CPUC to do so at any stage in the process.

D. Verification of Bidder Information By submitting a bid, Bidders agree to authorize CPUC to:

i. Verify any and all claims made by the Bidder including, but not limited to verification of prior experience and possession of certifications or other RFQ requirements.

ii. Check any client reference identified by a Bidder or other resources known by CPUC to confirm the Bidder’s business integrity and history of providing effective, efficient, and timely services.

iii. Verify Secretary of State Certification. When agreements are to be carried out in the State by corporations or limited liability company/limited partnership; the CPUC will verify that the Bidder is currently qualified to do business in California to ensure that all obligations due to the State are fulfilled. Information regarding this requirement is available on the Secretary of State’s website at: https://www.sos.ca.gov/.

E. Award of Contract Award of contract, if made, will be in accordance with the RFQ information on Evaluation to a responsible bidder whose bid complies with all the requirements of the RFQ documents and an 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 date for Contract Award as specified in the RFQ; however, a bidder may extend the offer beyond 45 days in the event of a delay of contract award.

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

Written notification of the State’s intent to award will be made to all bidders. 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 in the paragraph titled “Protests” of this RFQ.

Following the Contract award, Bidders may submit a request to CPUC Public Records office at https://www.cpuc.ca.gov/about-cpuc/transparency-and-reporting/public-records-act-requests to receive a copy of any or all bids and scoring/assessment tools/forms.

F. Protests Any bidder’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 bidder has submitted a bid which it believes to be responsive to the requirements of the RFQ 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 to the RFQ or 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.

ATTACHMENT 1 – COVER PAGE

Name of Responding Firm (Legal name as it will appear on the Contract)

Mailing Address (Street address, P.O. Box, City, State, Zip Code)

Person authorized to act as the contact for this firm in matters regarding this response:

Email address:

Person authorized to obligate this firm in matters regarding this response and/or the resulting Contract:

Email address:

(CORPORATIONS ONLY) Name/Title of person authorized by the Board of Directors to sign this response on behalf of the Board:

ATTACHMENT 2 – PAYEE DATA RECORD (STD. 204)

The STD 204 Payee Data Record form is available electronically at: http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

ATTACHMENT 3 – BIDDER DECLARATION FORM (GSPD-05-105)

All Bidders must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid. This can be located at: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

ATTACHMENT 4 – DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS

When a DVBE Contract or Subcontractor will provide materials, supplies, services, or equipment, the DGS PD 843 form must be completed and submitted with the bid. (MVC, Section 999.2). The form can be located at: STD. 843 (Rev. 11/2005) (ca.gov)

ATTACHMENT 5 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Complete this form only if applicable.

Pursuant to Public Contract Code section 2010, if a Respondent or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the Respondent 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 Respondent 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

1. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Respondent has an internal policy against a sovereign nation or peoples recognized by the United States government, the Respondent 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).

The Respondent must complete and submit the Attachment 5 – California Civil Rights Law Attachment and include it with their Offer.

https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx

ATTACHMENT 6 – CONFIDENTIALITY STATEMENT

CONFIDENTIALITY CERTIFICATION

The objective of maintaining confidentiality is to ensure the integrity of the procurement process, prevent any bidder/proposer from gaining an unfair advantage, and minimize the likelihood of protests or lawsuits. It is important to understand that the disclosure of certain confidential or procurement-sensitive information could jeopardize the procurement timeline or the entire procurement. Individuals involved in the procurement must be careful to avoid a breach of confidentiality both inside and outside of the workplace. Current and potential individuals working on the procurement are required to sign a Conflict of Interest and Confidentiality Certification prior to entering into discussions related to the procurement.

CERTIFICATION - I certify the following:

1.I have read and understand the Conflict-of-Interest provisions of the Political Reform Act and understand additional information about the Political Reform Act and ethics can be found on the Fair Political Practices Commission (FPPC) website: http://www.fppc.ca.gov 2.I, my spouse, and/or dependent children, have no personal or financial interest and no present or past employment or activity, which would be incompatible with my participation in any activity, related to the planning or procurement processes for the Halon Fire System Services (hereinafter “Project”).

3.I agree not to accept any gift, benefit, gratuity, or consideration, or begin a personal or financial interest with a party who is proposing/bidding, or associated with a proposer, on the Project.

4.I will keep confidential and secure and will not copy, give, or otherwise disclose to any other party who has not signed a copy of this confidentiality agreement, with the exception of oversight agencies, any information concerning, but not limited to, the planning, processes, development or procedures of the procurement which I learn in the course of my duties on the Project.

5.I will not disclose any information to participants in the bidding process which might give a bidder, subcontractor, or supplier an unfair competitive advantage.

6.I understand that if I leave the Project before it ends, I must still keep all procurement information confidential until the procurement process is final and an award has been made or the procurement is cancelled, whichever occurs first.

7.I agree to follow any instructions provided by the Procurement Official for the Project relating to the confidentiality of procurement information.

8.I understand that disclosure of confidential/sensitive information that may jeopardize the procurement may result in civil or criminal penalties and/or disciplinary action.

9.I agree to advise the CPUC, Procurement Official and California Public Utilities Commission, ITProcurement and Project Management Services Office via email at ITSolicitations@cpuc.ca.gov immediately in the event that I either learn or have reason to believe that any person who has access to confidential information has or intends to disclose that information in violation of this agreement or has a conflict of interest.

Printed Name:________________________ Signature:_________________________ Date:_________ Title:___________________________ Organization:___________________ Project Role:_______________ Telephone Number:_________________ e-Mail Address:______________________________

ATTACHMENT 7 – RESPONSE TO STATEMENT OF WORK

Respondent Name: ____________________________________ To enable the effective review and comparison of bids received under this RFQ, Bidders are requested to adhere to a standard structure in developing their detailed narratives in response to the RFQ.

The narratives must adhere to the same structure and outline of this RFQ and use the same numbering scheme and headings for bid sections. Narratives should explain how tasks will be executed. Where additional information is felt to be appropriate or necessary, Bidders are requested to include this information in appendices to their bids, and to refer to this information within the appropriate sections of their bid.

The response to the SOW must provide:

A. A point-by-point response to all items and sub items included in Exhibit A - SOW, Section 8. Identify each task when responding.

B. Font should be Arial, Size 12 and single spaced. The response shall not exceed 100 pages, and the Attachment 1 – Cover page is not included in the count of 100 pages.

C. Overview of required tasks and outcomes.

D. Description of approach, methodology and strategies of how each task will be performed.

E. Schedule with a timeline for each task, for the project duration, including any sub tasks to complete the tasks and due dates…