RFQ_CSL-0000003048.pdf

Windows Server Datacenter and Standard Editions

RFQ # CSL-00000003048

Request for Quotation (RFQ) Solicitation

Digitization Project: Windows Server Datacenter and Standard Editions

RFQ # CSL-0000003048

You are invited to review and respond to this Request for Quotation (RFQ) solicitation.

To submit a bid for these services, you must comply with the instructions contained in this document. By submitting a quote, your firm agrees to the terms and conditions stated in this RFQ.

Please read the attached document carefully. The RFQ due date is Wednesday, January 7, 2025 by 3PM Pacific Time (PT). Responses to this RFQ and any required copies must be submitted via email to jessica.truong@library.ca.gov. The California State Library will not accept Facsimile (Fax) bids.

Department Contact:

Jessica Truong (Jessica.Truong@library.ca.gov) mailto:jessica.truong@library.ca.gov mailto:Jessica.Truong@library.ca.gov

Bid Requirements

1. Delivery – Final delivery, inspection and acceptance shall be at the location described herein.

California State Library Jessica.Truong@library.ca.gov

2. Quotation Award: For the purposes of this solicitation, contract award will be made on the basis of “All or None”.

3. Cash Discounts: Cash discounts will not be considered when evaluating bid responses for award purposes. However, cash discounts may be offered and taken by departments processing invoices within the timeframe specified.

4. Shipment: For the purposes of this solicitation, only bid responses quoting

F.O.B Destination will be accepted.

5. Bidder’s Instructions and General Provisions: The Bidder’s Instructions and General Provisions indicated in the General Terms and Conditions for Information Technology Service Contracts section below have recently been revised. Please read carefully.

6. Quotation attachments: Bid responses that reference a supplier’s own terms and conditions or provisions will be considered non-responsive and will be rejected.

Important Note: Only bids quoted on the State’s own quotation forms will be considered. Bids shall be electronically via email with the solicitation number in the subject line.

Period of Performance

The agreement term is February 1, 2026 through January 31, 2029.

mailto:Jessica.Truong@library.ca.gov

Key Action Dates

Listed below are the key action dates by which the actions must be taken or completed.

All dates after the submission of quotes are approximate and may be adjusted by the California State Library, as conditions require, without addendum to this RFQ.

Key Actions Date

1. Request for Quotation release December 18, 2025

2. RFO Response Submission Due Date January 7, 2026 by 3:00 PM PT

3. Anticipated Contract Award January 14, 2026

4. Anticipated Contract Start Date February 1, 2026

Anticipated Dates are approximate and may be adjusted by the State Library without an addendum to this RFO.

Funding Limit

The maximum of this agreement (and any future amendments) cannot exceed $100,000.00 per state policy. Bids must be under this amount. Bids over the amount will be rejected.

Additionally, funding for each state fiscal year is subject to an annual appropriation by the State Legislature or Congress. If full funding does not become available, the State Library will either cancel the resulting agreement or amend it to reflect reduced funding and reduced activities.

Addenda

The State Library may modify any part of the RFQ by issuance of one (1) or more addenda. Addenda will be numbered consecutively.

Clarifications

The State Library may request clarifications from Bidder(s) at any phase of the assessment and selection process for clarifying ambiguities in the information presented in the bids. The State Library 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 State Library to deem the bid non-responsive and/or the Bidder non-responsible.

Irrevocable Offer Acknowledgement

A Bidder’s final bid in response to this RFQ shall remain irrevocable up to ninety (90) calendar days following the date responses are due specified in Table 1.

This expiration date may be further extended by agreement between the State Library and the Bidder to accommodate processing time for required approvals and other procurement-related reviews. The State Library’s execution of an Agreement from this RFQ will not be considered a rejection of any other bid. Such other Bids shall remain irrevocable for the period described above.

The State Library reserves the right, upon termination of any Agreement and without initiating a new RFQ, to accept any other Bidder’s bid and form an Agreement with the other Bidder.

By signing Attachment 1, Cover Sheet and submitting bid, the Bidder commits to adhering to this Irrevocable Offer Acknowledgement.

General Terms and Conditions for Information Technology Contracts

The following State of California’s Provisions for Information Technology will be included in this agreement by reference:

a. Bidder Instruction (DGS PD 451) – Updated November 9, 2011

b. Department of General Services Procurement Division, INFORMATION

TECHNOLOGY – GENERAL PROVISIONS CLOUD - COMPUTING SERVICES,

DGS PD 402-ITGP (Cloud) - Revised and Effective 02/20/2025

All can be found on the California Department of General Services, Required Language for Solicitations and Contracts page.

Generative Artificial Intelligence (GenAI) Disclosure

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.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts https://www.dgs.ca.gov/Resources/SAM/TOC/4900/4986-2

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.

Bidder Questions

If a Bidder(s) discovers any ambiguity, conflict, discrepancy, omission or any other errors in this RFQ, the Bidder(s) should immediately provide written notice to the State Library of such error and request clarification or modification of the affected document.

Bidders requiring clarification of the intent and content of this RFQ may request clarification by submitting questions electronically to jessica.truong@library.ca.gov.

Responsible Bidder

The California State Library may require Bidder(s) to submit evidence of their qualifications at such times and under conditions as it 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 particular items requested by the pertinent solicitation. If a Bidder has been determined to be non-responsible, the bid shall be rejected.

Small Business and/or Disabled Veteran Business Enterprise Preferences and Incentives

Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (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.

Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due.

Questions regarding certification should be directed to the OSDS at (916) 375-4940.

For the purposes of this solicitation, the DVBE program requirements are waived due to the nature of Microsoft Licensing Agreements.

Note: The total of all preferences combined may not exceed 15% or $100,000 whichever is lower.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=11549.64.&highlight=true&keyword=Generative%20Artificial%20Intelligence

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.

RFQ Response Requirements Responses must contain all requested information and data and conform to the format described in this section. It is the Bidder’s responsibility to provide all necessary information for the State to evaluate the response, verify requested information and determine the Bidder’s ability to perform the tasks and activities defined in this RFQ.

Bids received without all the requested information, data or documentation may be deemed non-responsive.

If your firm is interested in submitting a response for this opportunity, please review and submit the following as part of the bid:

A. Completed Cover Sheet (Attachment 1) B. Completed Cost Worksheet (Attachment 2) C. Completed Bidder Declaration (Attachment 3) D. Department of General Services, Office of Small Business and Disabled Veteran

Business Enterprise Services (OSDS) Certificate (if applicable, required for Small Businesses and Disabled Veteran Business Enterprises only) (Attachment 4)

E. Completed STD 204 (mandatory), Payee Data Record, and STD 205 (optional) (Attachment 5)

F. Signed declaration of Generative AI disclosure (Attachment 6) G. Completed Small Business Preference Declaration (if applicable) (Attachment 7) H. Completed Conflict of Interest and Confidentiality Statement (Attachment 8)

Quote Submission The Bidder must submit one copy of their response via email to jessica.truong@library.ca.gov by the Bid Submission Date.

Bid Evaluation Bids will be evaluated on final total cost, including preferences and incentives, but before taxes and shipping fees. The lowest cost bid from a responsible, responsive bidder will be awarded the final purchase order. RFQ responses that meet all requirements for a complete response will be considered “responsive.”

In the event of a tie, the California State Library will award via a coin toss. Affected bidders will be invited to a virtual meeting to witness the tiebreaker.

Attachment 1 – Cover Sheet The submission of this quote does not obligate the California State Library to fund the proposed Agreement. If the quote is approved for funding, an Agreement will be executed between State Library and the Offeror. Bidder offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions.

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

A duly authorized representative of the Bidder must sign the quote certifying that it is a valid and binding quote and that they are authorized to sign the quote.

Full Legal Name of Offeror’s Organization

Mailing Address City State Zip

Telephone Number Fax Number CMAS #

Federal Taxpayer Identification Number CA Seller’s Permit #, if applicable

Offeror’s Contact Person Contact Person’s Telephone Number

Contact Person’s E-mail SB/DVBE Cert #, if applicable

Enter information below for the principal who is authorized to bind the Offeror.

Typed Name Title

Original Signature Submittal Date (mm/dd/yyyy)

Attachment 2 – Cost Worksheet Instructions: Please provide an itemized offer on the following items. Please include ordering information (product #), Max SLP Price, and Reseller’s Unit Price for each item, as well as any applicable discounts, postal/freight charges, and sales/tax.

Line Product # / SKU Description Quantity Unit of

Measure Reseller’s Unit Price

Reseller’s Extended Price

1 9EA-00039 Win Server DC Core ALng LSA 2L (Academic Pricing)

86 EA

9EM-00562 Win Server Standard Core ALng

LSA 2L

(Academic Pricing)

EA

Postal/Freight:

Sales Tax:

Applicable Discounts:

Grand Total:

Comments:

Attachment 3 – Bidder’s Declaration All Contractors must complete the Bidder Declaration GSPD-05-105 and include with bid response: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf When completing the declaration, bidders must identify all subcontractors (if any) proposed for participation in the 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.

Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy online from the Department of General Services Procurement Division, Office of Small Business and DVBE Services (OSDS) website at www.pd.dgs.ca.gov/smbus. The completed form should be included with the bid response.

Note: Please complete question 1b, even though 1a says it can be skipped.

Please also sign at the bottom in the empty space.

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

Attachment 4 - DGS Office Of Small Business and Disabled Veteran Business Enterprise Services (OSDS)

(Required for Small Business or Disabled Veteran Businesses only).

Please include a copy of the certification letter issued by DGS. If the letter cannot be supplied, include a printout from the DGS’s Office of Small Business & Disabled Veteran Business Enterprise Services (OSDS) website to prove the Bidder’s current active status (link below). The State Library will verify that SB/DVBE certifications are valid at the time the quote is due. In accordance with California Government Code (GC) §14837(d) and California Military and Veterans Code §999, all SB and DVBE Bidders, subcontractors, and suppliers that bid on or participate in a State contract shall perform a Commercially Useful Function (CUF).

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Attachment 5 - Payee Data Record and Supplement (Std.204 and 205)

The Payee Data Record (STD.204) indicates the Bidder is subject to state income tax withholdings pursuant to California Revenue and Taxation Code §18662.

The Bidder must complete and submit the Payee Data Record (STD 204) with its bid.

The Bidder must provide the company’s Federal Employer Identification Number (Business IRS Number) on this form.

Bidders may also submit the optional STD 205, Payee Data Record Supplement if the payee's remittance address information if different than the mailing address on STD 204.

Payee Data Record (STD.204)

Payee Data Record Supplement (STD 205) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

Attachment 6 - Generative Artificial Intelligence Disclosure Bidder 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.

If Offeror does not have any GenAI to disclose, Offeror may simply submit a signed statement confirming no GenAI is being used for the goods or services being procured.

https://www.dgs.ca.gov/Resources/SAM/TOC/4900/4986-2

Attachment 7 – Small Business Regulations and Bid Preference

Section 14838 et seq. of the California Government Code requires that a 5% preference be given to bidders who qualify as a small business, and a non-small business claiming at least 25% California certified small business participation for requirements. See Title 2, California Code of Regulations Section 1896 et seq. The requirements for Nonprofit Veteran Service Agencies qualifying as a small business are contained in Section

999.50 et seq. of the Military and Veterans Code.

Small Business Regulations: The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. If applicable, claim the preference in the box below.

Non-Small Business Subcontractor Preference: A 5% bid preference is now available to a non-small business claiming 25% California certified small business subcontractor participation. If applicable, claim the preference in the box below.

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, claim the preference in the box below.

Attachment with bid required if claiming the Small Business Preference: All bidders must complete and include the Bidder Declaration form GSPD-05-105 (Attachment 3). If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which you commit to subcontract in an amount of at least twenty-give percent (25%) of the net bid price. All certified small businesses must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

ARE YOU CLAIMING PREFERENCE AS A SMALL BUSINESS:

YES ________ NO ________

IF YES, MANUFACTURER?

YES ________ NO ________

ARE YOU A NON-SMALL BUSINESS CLAIMING AT LEAST 25% SMALL

BUSINESS SUBCONTRACTOR PREFERENCE?

YES ________ NO ________

Attachment 8 – Conflict of Interest and Confidentiality Statement As an authorized representative or corporate officer of the company name below, I have the authority to bind the company contractually, and I agree that all persons employed by this company will adhere to the following policy:

All information belonging to the California State Library (CSL) or its affiliated agencies is considered sensitive and confidential and cannot be disclosed to any person or entity that is not directly approved to participate in the work required to execute this Agreement.

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

I fully understand that any unauthorized disclosure I make may be basis for civil and/or criminal penalties. I agree to advise the California State Library project representative immediately in the event of an unauthorized disclosure, inappropriate access, misuse, theft or loss of data.

I warrant that if my company is awarded the Contract, it will not enter into any agreements or discussions with a third party concerning such materials prior to receiving written confirmation from the State that such third party has an agreement with the State similar in nature to this one. All materials provided for this project, except where explicitly stated will be promptly returned or destroyed, as instructed by an authorized State Library representative. If the materials are destroyed and not returned, a letter attesting to their complete destruction, which documents the destruction procedures, must be sent to the California State Library project representative before payment can be made for services rendered. In addition, all copies or derivations, including any working or archival backups of the information, will be physically and/or electronically destroyed within five (5) calendar days immediately following either the end of the Contract period or the final payment, as determined by the contracting State entity.

Representative Name:

Title:

Phone Number:

Company Name:

Address:

City/State/Zip Code:

Signature:

Attachment 9 – Final Checklist The Contractor’s RFO response package must include the following to be considered responsive:

☐ Attachment 1: Cover Sheet

☐ Attachment 2: Cost Worksheet

☐ Attachment 3: Bidder’s Declaration

☐ Attachment 4: Copy of Valid SB Certification provided by Department of General Services OSDS (if applicable)

☐ Attachment 5: STD 204 (mandatory), STD 205 (optional)

☐ Attachment 6: Signed Generative Artificial Intelligence Disclosure

☐ Attachment 7: Small Business Preference (if applicable)

☐ Attachment 8: California Civil Rights Laws Certification (DGS OLS 04) (if applicable)