RFQ_C5612456.pdf

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

REQUEST FOR QUOTATION ‐ IT GOODS/SERVICES ‐ INFORMAL COMPETITIVE

EIS 4004(C) (REV. 07/2024) SOLICITATION # _______________________

REQUEST FOR QUOTATION - IT GOODS IT SERVICES

CDCR INFORMATION

Requestor:

Email:

Phone:

Shipping Address:

Solicitation Number:

Release Date:

Response Due Date:

Responses must be delivered via email to requestor listed above on or before 2:00 p.m. on the quote response due date.

Delivery is required to be completed within ____ calendar days after receipt of order (ARO).

METHOD OF AWARD: The lowest responsive and responsible bidder meeting all administrative and technical requirements, terms, and conditions of this solicitation will be awarded. For the purposes of this solicitation, requested items shall be awarded based on the option selected below:

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

On the basis of individual items – the lowest bid on each line item will be awarded. The State may accept and award any single line item or combination of line items as specified in this solicitation.

FREE ON BOARD (F.O.B.): Only bid responses quoting F.O.B. Destination to the ordering organization’s receiving point will be accepted.

Responsibility and liability for loss or damage for all orders shall remain with the contractor until final inspection and acceptance, when all responsibility shall pass to the ordering organization, except the responsibility for latent defects, fraud, and any warranty obligations. Acceptable freight payment terms shall be defined based on the selected option below (F.O.B terms do not apply to Services):

Only quotes offering Freight Prepaid by the contractor will be accepted. All shipping costs must be included in the price of the goods.

Shipping costs may NOT be listed as a separate stand‐alone cost.

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

Signature: ___________________________________________ Date: _______________________________________________

BIDDER INFORMATION

Contact Name:

Email:

Phone:

Business Name:

Business Address:

CA Seller’s Permit #:

Federal Employer Identification (FEIN) #:

SB/MB/DVBE Cert. # & Exp. Date:

Are you the manufacturer? Yes No

Are you a non‐Small Business claiming at least 25% Small Business Subcontractor preference? Yes No

Discount Payment Offer: _____% cash discount for payment within _____days.

BIDDER SIGNATURE AUTHORIZATION

By virtue of submitting a bid, the Authorized Representative signing this RFQ accepts all terms and conditions expressed herein. Bidder offers and agrees that if this response is accepted within forty‐five (45) calendar days following the date the response is due to furnish all the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. DECLARATIONS UNDER PENALTY OF PERJURY: By signing above, with the inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows:

(1) (STATEMENT OF COMPLIANCE). The above signed complied with the non‐discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct. (3) If a claim is made for the Small Business or Disabled Veterans Business preference, the information set forth within is true and correct.

Signature: ___________________________________________ Date: _______________________________________________

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

CASH DISCOUNTS: Cash discounts will not be considered when evaluating bid responses for award purposes. However, cash discounts may be offered and taken by the State when processing invoices within the specified timeframe. Discount offered must be at least one percent and a minimum of $50.00.

ADVANCED PAYMENT PROHIBITED: Advanced payment is prohibited, unless for software subscription maintenance and support. This practice shall be limited to a maximum advanced payment of one (1) year.

PRICES: Pricing shall be all inclusive. Only the price/charges submitted in the quote response shall be accepted and included in the awarded purchase order.

NEW EQUIPMENT: All equipment to be provided in response to a State of California solicitation shall be new and latest model in current production. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.

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

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

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

BIDDER TERMS & CONDITIONS/QUOTATION ATTACHMENTS PROHIBITED: Bid responses that reference a bidder’s own terms and conditions, legal terms, or provisions that conflict with the State’s General Provisions shall be considered non‐responsive and will be rejected. The State objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder.

CALIFORNIA SELLER'S PERMIT: If applicable, award will be conditional on providing your company’s California retailer’s seller’s permit number or certificate of registration and, if applicable, the permit or certification of all participating affiliates, issued by the California Department of Tax and Fee Administration (CDTFA), pursuant to all requirements as set forth in Section 6487, 7101 and Sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract Code. To expedite the process of verifying the validity of the permit, provide the CDTFA issued seller’s permit number on page 1 of this Request for Quote or attach a copy of the permit with your bid response.

GENAI REPORTING AND FACTSHEET (STD 1000): 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. (a) Bidder must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors. (b) The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder. (c) Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder. (d) Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. (e) Upon receipt of a Bidder GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids that present an unacceptable level of risk to the state. (f) During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. (g) At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State. (h) Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure. (i) The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or or terminate any contract that presents an unacceptable level of risk to the State.

BIDDERS DECLARATION (GSPD-05-105): All bidders must complete the Bidder Declaration GSPD‐05‐105 and include it with the bid response.

When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract, including equipment manufacturers, equipment distributors, and resellers. A subcontractor is any person, firm, corporation, or organization contracting to perform any part of the prime’s contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract. All certified Small Businesses (SBs) and/or Disabled Veteran Business Enterprises (DVBEs) must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837 (d)(4). At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the required written information as specified may be grounds for bid rejection.

SUBCONTRACTING: The maximum amount of subcontracting shall not exceed 40%. If the amount of subcontracting exceeds 40%, the responding bidder must include a letter of explanation clearly defining the need for further subcontracting. Any bid submission that is received by the CDCR that indicates more than 40% subcontracting, as noted on the Bidder Declaration GSPD‐05‐105, and does not include a letter of explanation, will be deemed non‐responsive by the CDCR and subsequently disqualified from further evaluation of this bid.

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS (DGS PD 843): Per the Military and Veterans Code Section 999.2, the DVBE Declarations (DGS PD 843) must be completed and signed by all disabled veteran business owner(s) and disabled veteran business manager(s) when a DVBE contractor or subcontractor will provide materials, supplies, services, or equipment. When applicable, the completed form must be included with the bid response.

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

https://www.calrecycle.ca.gov PAYEE DATA RECORD & CDCR SUPPLEMENT: The successful bidder may be required to submit a Payee Data Record (STD 204) and/or a CDCR Supplement Vendor Payee Data form listing payee information and their Taxpayer Identification Number (if currently not on file with CDCR or if there are business information updates needed).

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION: Pursuant to Public Contract Code Section 2010, a person that submits a bid to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000.00) or more shall certify, under penalty of perjury, at the time the bid is submitted or the contract is renewed, compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section12960 of the Government Code).

IRAN CONTRACTING ACT VERIFICATION: Prior to submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code Section 2203(c) or (d). The DGS list of entities prohibited from contracting with public entities in California per the Iranian Contracting Act, 2010, can be found at: https://www.dgs.ca.gov.

TARGET AREA CONTRACT PREFERENCE ACT (TACPA) PREFERENCE (STD 830): This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid. 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. Visit https://www.dgs.ca.gov/PD for required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone. By submitting TACPA forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code Section 4535 and provided in Section 1896.40 of Title 2 of the California Code of Regulations (CCR) in addition to requirements specified on the TACPA form STD 830.

TOBACCO-FREE ENVIRONMENT: Pursuant to Penal Code Section 5030.1, the possession or use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of CDCR is prohibited.

PROHIBITION ON TAX DELINQUENTS: Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or California Tax and Fee Administration (CDTFA) under the authority of Sections 7063 or 19195 of the Revenue and Taxation Code shall be disqualified from the bidding process. PCC Section10295.4. Contractors included on tax delinquency lists; contracts void and unenforceable; (a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable. (b) This section shall apply to any contract executed on or after July 1, 2012.

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

SB/DVBE CERTIFICATION: The Department of General Services (DGS) Procurement Division (PD), Office of Small Business and DVBE Services (OSDS) is the State’s certifying agency. Suppliers claiming preferences and/or incentives must provide their California Small Business (SB), Micro Business (MB), or Disabled Veteran Business Enterprise (DVBE) certification number on page 1 of this RFQ. Completed certification applications and required support documents must be submitted to the OSDS no later than 5:00 p.m. on the bid due date and the OSDS must be able to approve the application as submitted. SB/Nonprofit Veteran Service Agencies (NVSA’s) must possess certification by California prior to the day and time bids are due. Online applications are available at https://caleprocure.ca.gov. Questions regarding certification should be directed to the OSDS at OSDSHelp@dgs.ca.gov or (916) 375‐4940.

SMALL BUSINESS PREFERENCE: Section 14838 et seq. of the California Government code requires that a 5% preference be given to bidders who qualify as a certified small business. If applicable, a bidder can claim the small business preference by providing their small business certification number on page 1 of this RFQ.

NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE: A 5% bid preference is available to non‐small business claiming 25% California certified small business subcontractor participation. If applicable, claim the preference on page 1 of this RFQ and provide the small business subcontractor information and percentages on the Bidder Declaration (GSPD‐05‐105) form included in this solicitation packet.

SMALL BUSINESS NONPROFIT VETERAN SERVICE AGENCIES (SB/NVSA): SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference. If applicable, provide certification number on page 1 of this RFQ.

DVBE PROGRAM REQUIREMENTS: The State has established goals for DVBE participation in State contracts. The intent of the DVBE participation requirement and incentive is to encourage DVBE certified suppliers to participate in bidding opportunities, and to encourage non‐DVBE firms to seek and include DVBE’s as sub‐contractors. For the purposes of this solicitation, the department elects to exempt the DVBE Program Requirements, but opts to include the DVBE Incentive. This solicitation does not include a required minimum DVBE participation percentage or goal.

DVBE INCENTIVE: A DVBE incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply a DVBE bid incentive to bids that propose a California certified DVBE participation as identified on the Bidder Declaration, GSPD‐05‐105, and confirmed by the State. Bidders that fail to submit the required Bidder Declaration to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The net bid price of responsive bids will be reduced, for evaluation purposes only, by the amount of DVBE incentive as applied to the lowest net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the DVBE incentive will be California certified small businesses. The following incentive percentages will apply to this solicitation:

Confirmed DVBE Participation of: DVBE Incentive:

5% or greater 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 3%

2% to 2.99% inclusive 2%

1% to 1.99% inclusive 1%

DVBE SUBCONTRACTING – REPORTING REQUIREMENTS: Contractor understands and agrees to comply with the requirements set forth in Military and Veterans Code Section 999 et seq. Should award of this contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code Section 999.5 (g), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by both the awarding department and the DGS prior to the commencement of any work by the proposed subcontractor. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in MVC Section 999.9; Public Contract Code (PCC) Section 10115.10. Upon completion of this Contract, the department requires the prime contractor to certify information using the Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817). If for this Contract, the Contractor made a commitment to achieve the DVBE participation goal by subcontracting to a DVBE, the Department will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements above. A Contractor that fails to comply with the certification requirement shall, after written notice, be allowed to cure the defect. Notwithstanding any other law, if, after 30 calendar days from the date of written cure notice, the prime contractor refuses to comply with the certification requirements, the department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. (MVC Section 999.7) A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (MVC Section 999.5(d); Govt. Code Section 14841). Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the MVC, including, but not limited to, the requirements of Section 999.5(d). (PCC Code Section 10230). DVBE subcontractors will be notified at the time of award that their firm has been listed for participation in an agreement. Upon request, the prime contractor shall also provide proof of payment to the DVBE for subcontractor work.

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

RESPONSIBLE BIDDER: Bidders may be required to submit evidence of their qualifications at such times and under conditions as the State may deem necessary. The question of whether a particular bidder is a responsible bidder may involve an evaluation of the bidder’s experience, type of facility, expertise, or financial resources regarding the items requested by the pertinent solicitation. If a bidder has been determined to be non‐responsible, the bid shall be rejected.

BID EVALUATION – TIE BETWEEN BIDDERS: In the event of a precise tie between bidders, the CDCR procurement official will conduct a coin toss.

At least one witness must observe and document the coin toss. Affected bidders will be given the opportunity to attend the tie breaker coin toss.

An email notification will be sent to the affected bidders at least 24 hours prior to the coin toss. Note: In the event of a precise tie between two SB suppliers in which one is also a DVBE, the award shall go to the SB that is also a DVBE. [Government Code, Section 14838 (f) and Title 2 CCR, Section 1896.8(f)].

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

AWARD OF CONTRACT: For IT solicitations over $100,000, 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. 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.

PROTESTS: For IT solicitations over $100,000, 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: Deputy Director, Procurement Division, 707 Third Street, Second Floor South, West Sacramento, CA 95605, Facsimile No.: (916) 375‐4611, Email: PDProtest@dgs.ca.gov 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.

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

Visit http://www.dgs.ca.gov/PD to view Bidder Instructions, General Provisions, and Special Provisions. Please read carefully.

• Bidder Instructions (DGS PD 451) (Revised 11/09/2011)

• General Provisions ‐ Information Technology (DGS PD‐401) (Revised and Effective 06/21/2022) o These terms and conditions apply only to IT services and IT tangible goods procurements (including subscriptions and warranties), Infrastructure as a Service (IaaS), and Platform as a Service (PaaS). General Provisions – Information Technology does not apply to Software as a Service (SaaS).

• Cloud Computing General Provisions Software as a Service (SaaS) (Revised and Effective 06/21/2022) o These terms and conditions apply only to Software as a Service (SaaS). They do not apply to Infrastructure as a Service (IaaS), or Platform as a Service (PaaS). Additionally, the General Provisions – Information Technology terms and conditions do not apply to SaaS procurements.

• Cloud Computing Special Provisions for Software as a Service (SaaS) (Revised 03/01/2018 and Effective 03/15/2018) o These terms and conditions apply only to Software as a Service (SaaS). Cloud Computing Special Provisions for SaaS are applicable and are included as additional terms and conditions to be used only with Cloud Computing General Provisions SaaS terms and conditions.

• Cloud Computing Special Provisions for Infrastructure as a Service (IaaS) & Platform as a Service (PaaS) (Effective 05/11/2016) o These terms and conditions apply only Infrastructure as a Service (IaaS), or Platform as a Service (PaaS). They do not apply to

Software as a Service (SaaS).

• Line Item Cost Worksheet (Commodity Information/Specifications/Descriptions) (Page 6)

• GenAI Reporting and Factsheet (STD 1000)

• Bidder Declaration (GSPD‐05‐105)

• Disabled Veteran Business Enterprise Declarations (DGS PD 843)

• Postconsumer Recycled ‐Content Certification (CalRecycle 74)

• Payee Data Record (STD 204)

• CDCR Supplement Vendor Payee Data Record Form

• California Civil Rights Laws Certification

• Iran Contracting Act Verification

• TACPA Preference Request Form (STD 830)

• Other: ____________________________________________________________________________________________ RESPONSE CHECKLIST: Mandatory Documents ‐ The following checklist identifies the items that must be completed and returned to be evaluated for award: (*Indicates if applicable) Failure to return any item in the above checklist with your bid response may result in your bid being considered non‐responsive and may be rejected.

CDCR Requires Bidder Fulfilled Mandatory Document

Complete signed & dated Request for Quote response [EIS 4004(C) (All Pages)]

Seller’s Permit Information (or a copy of the CA Seller’s Permit)

Line Item Cost Worksheet (or Vendor Quote)

GenAI Reporting and Factsheet (STD 1000)

Bidder Declaration (GSPD‐05‐105)

Disabled Veteran Business Enterprise Declaration (DGS PD 843)*

Postconsumer Recycled ‐Content Certification (CalRecycle 74)*

Payee Data Record (STD 204) and CDCR Supplement Vendor Payee Data Record Form

California Civil Rights Laws Certification*

Iran Contracting Act Verification*

TACPA Preference Request Form (STD 830)*

REQUEST FOR QUOTATION- IT GOODS/SERVICES - INFORMAL COMPETITIVE

EIS 4004(C) (REV. 07/2024) SOLICITATION # _______________________

LINE ITEM COST WORKSHEET

BUSINESS NAME: _______________________________________ For Software only: New Request Renewal

Software term start date and end date: ____________________________

LINE

NUMBER

QUANTITY UNIT

PRODUCT OR SERVICES DESCRIPTION

(Commodity Information/Specifications/Descriptions)

UNIT PRICE

EXTENDED

PRICE

General Provisions for Information Technology (GSPD-401-IT)

SaaS – Software as a Service – General Provisions & Special Provisions

IaaS – Infrastructure as a Service – Special Provisions & General Provisions for Information Technology

PaaS – Platform as a Service – Special Provisions & General Provisions for Information Technology

SUBTOTAL:

SHIPPING &

HANDLING:

TOTAL:

Comments: (Use the box below for any additional comments regarding the solicitation)

The following Terms & Conditions apply. Refer to https://www.dgs.ca.gov/PD to review.

NASEEM.Fallahi Rectangle

Supervisory Control and Data Acquisition (SCADA) RFQ C5612456 Computer System Technical and Maintenance Services California Department of Corrections and Rehabilitation (CDCR) Attachment 1

RESPONSE REQUIREMENTS

A. GENERAL INFORMATION

Definitions:

Contractor- A Contractor/Contractor staff is considered to be a staff augmentation that does not offer any consultation services as it relates to the consultation of further purchasing of goods/software or services under any services Contract. A Contractor who does not advise on the procurement or contracting of further services under a services Contract is also not required to submit a Form 700, Statement of Economic Interests. In addition, a Contractor is also called the owner of a company or firm, (services or consulting) and their staff are considered Contractor staff if they do not advise on further procurement or contracting.

This RFQ contains the requirements that interested Contractors (hereinafter also referred to as “bidder”) must meet in order to submit a responsive bid. It provides information regarding the format in which bids must be submitted, the material to be included, the requirements that must be met to be eligible for consideration, and the Contractors responsibilities.

Bids submitted in response to this RFQ must contain all data/information requested and must conform to the format prescribed. It is the Contractors responsibility to provide all required data and other information deemed necessary for the CDCR’s Evaluation Team to determine and verify the Contractors ability to perform the tasks and activities defined in Exhibit A, SOW. Bids may be disqualified if they fail to respond completely to RFQ requirements and subsequent Addenda. Only one (1) Contractor will be awarded the resulting Agreement.

1. Key Action Dates

Contractors are advised of the dates and times shown below and are expected to adhere to them. The CDCR may modify any part of the RFQ, prior to the date bids are due, by issuance of one (1) or more Addendum. Addendums will be numbered consecutively and posted to Cal eprocure alongside the original RFQ advertisement. Interested bidders may submit questions and/or requests for clarification, via e-mail on or before the date and time listed in the table below, to:

Lisa.Marquez@cdcr.ca.gov. The CDCR’s responses to bidder questions that provide new or additional information will be provided to all bidders via an Addendum, and sent to all potential bidders.

California Department of Corrections and Rehabilitation (CDCR) Attachment 1

Event Date Time RFQ Release date 9/09/2024 2:00 PM RFQ Questions Due 9/13/2024 2:00 PM RFQ Response to Questions 9/17/2024 4:00 PM RFQ Solicitation Due Date 9/23/2024 2:00 PM RFQ Evaluations* 9/23-9/26/2024 Intent to Award (5-Day Period)* 9/26/2024 Award of Agreement (Proposed)* 10/04/2024 Proposed Agreement Start Date* 10/14/2024

*Dates subject to change

The CDCR will not consider bids submitted by fax. The CDCR reserves the right to reject all bids and reissue this RFQ.

2. Period of Performance

a. The period of performance for this Agreement shall be from October 14, 2024, or upon final execution of this Agreement by the CDCR, whichever is later, through September 30, 2027 with one (1) optional one (1) year extension, consistent with the original Scope of Services and at the contracted hourly rate as referenced in Exhibit B-1, Rate Sheet, and the dollar amount of the first year amendment shall not exceed the first full fiscal year funds encumbered.

b. The selected Contractor shall not be authorized to start work under this Agreement until notified by the CDCR. If the Contractor starts performance before final approval (execution) of the Agreement, it shall be considered voluntary on the part of the Contractor and non-compensable by the CDCR.

c. Any and all Amendments must be in writing and signed by both parties prior to commencement of additional work.

d. The total budget amount cannot exceed $390,000.00 ($130,000.00 per fiscal year for three years).

3. Admonishment Regarding Follow-On Contracts

Per Public Contract Code (PCC) 10365.5, no person, Contractor or subsidiary thereof, who has been awarded a consulting services contract, or a contract which includes a consulting component, may be awarded a contract for the provision of services, delivery of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the consulting services contract. Therefore, any Contractor who contracts with the

California Department of Corrections and Rehabilitation (CDCR) Attachment 1

CDCR to develop and provide formal recommendations for the acquisition of IT products or services is precluded from contracting for any work recommended in the formal recommendation.

4. Written Questions

a. All questions regarding the content of this RFQ must be submitted via email.

The CDCR shall be notified immediately if clarification is needed. Consultants (or Contractors, whichever is applicable) that fail to report a known or suspected problem with the RFQ, or fail to seek clarification, shall submit an bid at their own risk. All questions must be received by the date and time listed in the Key Action Dates. Questions submitted via email after the deadline may be answered at the CDCR’s option. At its discretion, the CDCR may contact and inquire to seek clarification of any inquiry received.

b. When the CDCR has completed its assessment of the questions, all questions and answers will be posted to Cal eprocure alongside the original RFQ advertisement.

What to include in an inquiry:

a. Contractor’s firm name, individual’s name submitting the question or inquiry, e-mail address, and RFQ number.

b. A description of the subject, issue, or discrepancy found.

c. RFQ section, page number, and/or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any.

5. Proprietary Information

Any documentation submitted which has been marked “Confidential” or “Proprietary” will not be accepted. All documents submitted in response to this RFQ are the property of the CDCR and are subject to review or release to the public under the California Public Records Act (PRA), GC 6250 et seq.

6. Cost for Developing Bids

Costs for developing bids are entirely the responsibility of the Contractor and shall not be chargeable to the CDCR.

7. Method of Award

This evaluation will be based on Request for Quote (RFQ). The CDCR will compare bids submitted in response to this RFQ based on Lowest Cost to the CDCR, which means the bid that best meets, and potentially exceeds, CDCR’s requirements at the lowest overall cost wins matrix. If award of an Agreement is made, it will be made on an “All or None” basis in accordance with the RFQ assessment requirements to a responsible Contractor whose bid complies with all the requirements (administrative and technical), terms and conditions of the RFQ, and any Addenda thereto, except for such immaterial defects as may be waived by the State. The Contractor, including all proposed candidates and/or subcontractors, shall be headquartered and doing business within the United States only. No foreign or international firms, including all proposed candidates and/or subcontractors, shall be allowed to respond to this RFQ. In the event of a tiebreaker, the CDCR may use references to determine a winner.

B. RESPONSE FORMAT AND REQUIREMENTS

1. Format

a. Contractors must submit a bid in a format compatible with the CDCR’s standard software applications (i.e., Microsoft [MS] Office). Printed documents must be single-spaced, using a 12 point font. A smaller font may be used for tables.

The CDCR’s standard software applications include MS Windows XP Professional, MS Office Professional (including Outlook) 2010, Excel 2010, and Project 2010. Contractors are required to submit their response in one (1) complete PDF or Word doc. Multiple documents submitted will be rejected and deemed non-responsive.

b. The CDCR must receive one (1) copy via email of a bid no later than the date and time specified in the Key Action Dates. Bids not received by the date and time specified in the Key Action Dates may be rejected.

c. Any copy of the bid emailed must be clearly marked "RFQ C5612456.”

d. For any services, including Consulting services awarded by the CDCR, the maximum amount of Subcontracting shall not exceed 40%. If the amount of Subcontracting exceeds 40%, the responding Contractor must include a letter of explanation which clearly defines the need for further Subcontracting. Any of bid submission that is received by the CDCR that indicates more than 40% Subcontracting, as noted on the Bidder Declaration GSPD-05-105, and does not include a letter of explanation, will be deemed non-responsive by the CDCR Administrative Evaluation Team, and subsequently disqualified from further evaluation of this quote. In addition, the CDCR Evaluation Team will be the final determining body that approves any Subcontracting of more than 40% as indicated on the Bidder Declaration form GSPD-05-105, and that is also accompanied by the Contractors letter of explanation.

2. Requirements

This RFQ and the Contractor’s response will be made part of the CDCR Procurement documents and Contract file. Bids submitted in response to this RFQ must include the following information:

a. Signed/date Request for Quote - IT Goods/Services - Informal Competitive EIS

4004(C) (all pages) including:

i. Company name, mailing address, telephone number.

ii. Name, telephone number and email address of the

Contractor’s contact person.

iii. Date of the submitted bid.

b. The Contractor’s Small Business and/or Disabled Veteran’s Business

Enterprise (SB/DVBE) Certification, if applicable. The State will verify SB/DVBE certifications are valid at the time the responses are due. In accordance with GC Section 14837(d) and Military and Veterans Code Section 999, all SB and DVBE contractors, subcontractors, and suppliers that bid on or participate in a State contract, regardless of being an oral or written solicitation, must perform a Commercially Useful Function (CUF). See CUF Policy.

c. A copy of the Contractor’s valid California city or county business license (if applicable); or, if a corporation located within the State of California, incorporation documents or letter from the Secretary of State; or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which the business is headquartered.

d. The total number of years the Contractor has been in business performing services as described in Exhibit A, SOW.

e. A Copy of the Contractor’s valid California Contractors State License Board “C-

7” or “C-10” specialty license or a “B” license with a subcontractor who possesses the required specialty license.

f. A copy(s) of any valid licenses, permits, and/or certifications, if applicable, for each Contractor’s service technician providing services under this Agreement, as applicable.

g. Proof of the required training for each service technician providing service under this agreement or proof the Contractor’s service technicians have a minimum of three (3) consecutive years of experience in working on water/wastewater treatment related control systems, telemetry and instrumentation, including supervisory control, and data acquisition computer systems. (References.)

h. At least three (3) client references for the Contractor and Contractor staff from prior Agreements similar in size and scope. Complete Attachment #2, Customer Reference Form for each reference to include a contact person, phone number, and e-mail address. Reference descriptions must include the department/project name that relates to the experience. The CDCR may contact referenced organizations when reviewing an bid to verify the information provided. A reference must be external to a Contractor’s organization and corporate structure.

i. Completed Rate Sheet Exhibit B-1. The rate sheet must be complete, including an authorized signature and price extension (if applicable).

(Note: Some attachments as noted below may not be applicable to this type of solicitation, therefore, they may not be included and the CDCR may not list all 13 required or optional Attachments.)

j. Completed Bidder Declaration Form (GSPD-05-105), Attachment #3.

All Contractors must complete GSPD-05-105 and include it with the bid response. When completing the declaration, Contractors must identify all subcontractors proposed for the Agreement. The Contractor awarded the resulting Agreement is contractually obligated to use the subcontractors for the corresponding work identified, unless the CDCR agrees to a substitution incorporated by an amendment to the Agreement.

k. Completed Payee Data Record (STD 204) and Supplemental Payee Data

Record (STD 205), Attachment #4.

l. Completed Project Management Methodology (PMM) Statement Attachment

#5, (if applicable).

When responding to an RFQ associated with a CDCR IT project, Contractors must include a declaration, agreeing to comply with and utilize the CA-PMM and the CDCR-PMM, including the use of the CDCR’s schedule management tool Attachment #5.

m. Completed Disabled Veteran Business Enterprise Declaration (STD. 843), Attachment #7, if applicable.

n. Completed California Civil Rights Laws Certification, Attachment #8

o. Completed TACPA Preference Request Form (STD. 830), Attachment #9, if applicable.

p. Completed and signed STD 1000 form Generative Artificial Intelligence

(GenAI) which is in compliance with Executive Order N-23-23

3. Other Requirements

The Contractors and/or Candidates shall be required to complete the following prior to award. Do not submit the following with a bid response.

a. Confidentiality Statement and Non-Disclosure Agreement Attachment #6.

b. A copy of a Liability Insurance Certificate.

The Contractor must furnish to the CDCR a certificate of insurance stating that there is liability insurance presently in effect for the Contractor of not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage liability. The certification of insurance must include the following provisions:

1) The insurer will not cancel the insured’s coverage without thirty (30) calendar days’ prior written notice to the CDCR.

2) The State of California/CDCR is included as additional insured.

c. Proof of Workers Compensation Insurance.

The Contractor shall furnish to the CDCR a certificate of insurance stating that there is Workers’ Compensation insurance on all employees engaged in the performance of this contract. The certificate of insurance must include the provision that the insurer will not cancel the insured’s coverage without thirty

(30) calendar days’ prior written notice to the CDCR.

d. Additional Insurance Requirements (if applicable)

Refer to Exhibit D – CDCR Special Provisions.

C. ASSESSMENT AND SELECTION PROCESS

1. All bids will be reviewed for being Responsive and Responsible (R&R) as defined in the State Contracting Manual, Volume 2, Section 1404.2, to the requirements of this RFQ. Incomplete bids will not be considered. If a response is missing required information, it will be deemed non-responsive. The CDCR may, at its discretion, determine if a response is either non-responsive or non-responsible. Bids will be assessed based solely upon the information presented in the written response.

a. Completeness of a bid and adherence to all Response Requirements of this

RFQ.

b. Qualifications of the proposed Candidates as listed in the Statement of Work (SOW), Scope of Work Section 19, and Minimum or Mandatory qualifications.

These qualifications are in addition Section “d” listed below.

c. Rate Sheet – Exhibit B-1.

d. Compliance with all Mandatory Qualifications and Desirable Qualifications (as listed in the SOW, Sections 18-19).

3. Administrative Requirements (100 % Pass/Fail)

The Assessment Team will review the bids to determine whether all Administrative Requirements were provided. Administrative Requirements will be assessed as 100% pass or fail. Responsiveness to the requirements in this RFQ will be either given a “pass” (e.g., complied with requirement, completed and returned document) or “fail” (e.g., did not comply with requirement, did not complete or return document). Only those bids that receive a 100% passing approval will proceed to the next step, cost evaluation. Administrative requirements shall include:

Item Administrative Requirements Score a.

Signed/date Request for Quote - IT Goods/Services - Informal Competitive EIS 4004(C) (all pages)

Pass/Fail

b. Company name, mailing address, and telephone number. Pass/Fail c.

Name, telephone number, and email address of the Contractor’s contact person.

Pass/Fail

d. Date of the submitted bid. Pass/Fail

f. Contractor’s SB/DVBE Certification, if applicable. Pass/Fail g.

A copy of the Contractor’s valid California city or county business license (if applicable).

Pass/Fail h.

A copy of the Contractor’s valid California Contractors State License Board “C-7” or "C-10" specialty license or a “B” license with a subcontractor who possesses the required specialty license.

Pass/Fail i.

Total number of years the Contractor has been in business performing services as described in Exhibit A, SOW.

Pass/Fail j.

A copy(s) of any valid licenses, permits, and/or certifications, if applicable, for each Contractor’s service technician providing services under this Agreement, as applicable.

Pass/Fail k.

Proof of the required training for each service technician providing service under this Agreement or proof the Contractor’s service technicians have a minimum of three

(3) consecutive years of experience in working on water/wastewater treatment related control systems, telemetry and instrumentation, including supervisory control, and data acquisition…