RFQ_DTD-FY2024-003_Gambel_s_Quail_Transmitters.docx

STATE OF CALIFORNIA

DEPARTMENT OF FISH AND WILDLIFE DATA AND TECHNOLOGY DIVISION

Request for Quote

DUE DATE

03/14/2025 Responses must be received by the California Department of Fish and Wildlife before 2:00PM on the due date.

DTD-FY2024-003

REV.

DATE

5897TANT: Read attached General Provisions carefully before bidding. AGENCIES QUALIFYING AS A SMALL BUSINESS ARE CONTINED IN S 02/26/2025

DELIVERY DATE

As Specified

PAGE

SUPPLIER CONTACT:

EMAIL:

SUPPLIER NUMBER:

FOR FURTHER INFORMATION, CONTACT:

Procurement Contact: Edward Drennan Email: Edward.Drennan@Wildlife.ca.gov Phone: 916-508-0197

Ship To:

California Department of Fish and Wildlife 1010 Riverside Parkway West Sacramento, CA 95605 Attn: Wildlife Branch

ARE YOU CLAIMING PREFERENCE

AS A CALIFORNIA CERTIFIED 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

NAME (PRINT)

TITLE

Return Quote To:

Email: ITProcurement@Wildlife.ca.gov RFQ DTD-FY2024-003 in the subject line

SECTION 14835 ET SEQ. OF THE

CALIFORNIA GOVERNMENT CODE REQUIRES THAT A 5% PREFERENCE BE GIVEN TO BIDDERS WHO QUALIFY AS A SMALL BUSINESS OR BIDDERS WHO QUALIFY AS 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.

SIGNATURE DATE

TELEPHONE NUMBER FAX NUMBER

FEDERAL EMPLOYER IDENTIFICATION NUMBER

Bidder offers and agrees if this response is accepted within 45 calendar days from the date of opening to (a) comply with all terms and conditions of this RFQ, and (b) furnish all of 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 above and subject to the attached General Provisions. DECLARATIONS UNDER PENALTY OF PERJURY: By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed 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 preference, the information set forth within is true and correct.

A. SCOPE

The California Department of Fish and Wildlife requests a quote for 100 Gambel’s Quail telemetry transmitters as detailed below:

1. Tags need to be < 4g to meet ≤3% of average Gambel’s quail mass at their lightest point throughout the year.

2. Tags need to be rump-mounted (leg loops).

3. Battery life must last at least 1 year and preferably longer.

4. Tags must collect temperature.

5. Tags must collect behavior.

6. Tags must collect location.

A possible solution would include Druid’s Nano M1 Transmitters with Debut Hub:

Qty: Item:

If you propose a different solution, please provide evidence or materials showing your solution meets the above requirements.

B. KEY ACTION DATES

Listed below are the important actions and dates by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to this Request for Quote (RFQ).

*These Key Action Dates are subject to change, depending on the length of time taken for the evaluation process. Only active participants will be notified of such date changes.

C. METHOD OF AWARD

This solicitation shall be awarded on an “All or None” basis to the lowest responsive and responsible Bidder meeting all administrative and technical requirements, terms, and conditions of this solicitation.

The State will use a FI$Cal Purchase Order for the purchase execution (Agreement). Award of contract, if made, will be in accordance with the RFQ information on evaluation to a responsive and responsible Bidder whose bid complies with all the requirements of the RFQ documents and any addenda thereto, except for such immaterial defects as may be waived by the State.

The State reserves the right to modify or cancel this RFQ in whole, or in part.

Written and/or electronic notification of the State’s Notice of Intent to Award will be made to all Bidders.

Award, if made, will be completed within fifteen (15) business days after the scheduled date for Agreement Execution as specified in the RFQ Key Action Dates or as specified on the FI$Cal Purchase Order.

D. PROTESTS

Any bidder’s issues regarding the Intent to Award shall submit a protest in written format via email, to the procurement contact identified in the solicitation by the date and time specified in section B. Key Action Dates. Failure to submit a timely, written notice of intent to protest waives Bidder’s right to protest.

These issues will first try to be resolved by the contact for the solicitation. If they result in a protest, the protest will be submitted to the California Department of General Services. The buyer (procurement contact) will check the “protest flag” in the FI$Cal system. When the protest flag is checked, the system will put the solicitation on hold. The protest flag will also trigger a protest notification to the buyer (procurement contact) and DGS/PD/DRU.

Bidder is to send the notice of intent to protest to:

Dispute Resolution Unit Department of General Services Procurement Division 707 Third St., 2nd Floor West Sacramento, CA 95605 Dispute Resolution Unit Department of General Services Procurement Division 707 Third St., 2nd Floor West Sacramento, CA 95605

Email: PDProtest@dgs.ca.gov

Copies of the protest are to be sent to the Procurement Contact listed on the first page of this RFQ.

Within 10 calendar days after filing a protest, the protesting bidder shall file with the Department of General Services a full and complete statement specifying in detail the grounds of the protest and the facts in support thereof. Untimely submission of the complete protest filing waives the Bidder’s right to protest.

E. RESPONSIVE BIDDER

A supplier provides a bid response that is compliant with solicitation requirements and indicates performance without material deviation from the terms and conditions of the proposed contract. A deviation is material if the Bidder’s response is not in substantial accord with the solicitation requirements, provides an advantage to one Bidder over other Bidders, or has a potentially significant effect on the delivery, quantity, or quality of items bid[footnoteRef:1], amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived. [1: The word "bid" as used throughout is intended to mean “quote” "proposed," "propose" or "proposal" as appropriate.]

F. RESPONSIBLE BIDDER

A supplier who is responsible and submits a responsive quote is one who clearly indicates compliance without material deviation from the solicitation’s terms and conditions and who possesses the experience, facilities, reputation, and financial resources existing at the time of contract award.

G. BID SUBMISSION INSTRUCTIONS

This document is intended to assist bidders with standard instructions for who and where to submit a bid. The Department of Fish and Wildlife Data and Technology Division makes no guarantee that following these instructions will ensure a compliant submission. Bidders are required to carefully read the solicitation document and adhere to any submission requirements. If there is a question regarding how to submit a bid, please contact the Procurement Contact listed on the first page of the solicitation document.

1. STATE’S OWN BID FORM

Only bids quoted on the Department of Fish and Wildlife Request for Quotation form will be accepted. Bids submitted referencing supplier attachments which include legal terms and conditions that conflict with the State’s General Provisions—Information Technology (GSPD-401IT) shall be considered non-responsive and may be rejected.

2. ELECTRONIC BID SUBMISSION

Responses must be submitted by the due date and time identified on the first page and in the Key Action Dates of this RFQ.

3. CONFIDENTIALITY

Bids are public upon posting of the Notice of Intent to Award; however, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a Bidder's proposal shall be held in the strictest confidence until notification of award. Bidders should be aware that marking a document “confidential” or “proprietary” in a submission under this solicitation may exclude it from consideration for award and will not keep that document from being released after notice of award as part of the public record unless a court has ordered the state not to release the document. The content of all working papers and discussions relating to the Bidder’s proposal shall be held in confidence indefinitely, unless the public interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement, or the evaluation of the bid. Any disclosure of confidential information by the Bidder is a basis for rejecting the Bidder’s proposal and ruling the Bidder ineligible to further participate. Any disclosure of confidential information by a state employee is a basis for disciplinary action, including dismissal from state employment, as provided by Government Code section 19570 et seq. Total confidentiality is paramount; it cannot be over emphasized.

4. SUBMISSION METHODS

a. Approved Submission Methods

· Emailed Quotes: Quotes submitted via email must be submitted to ITProcurement@wildlife.ca.gov by the date and time specified on page one of this RFQ.

b. Excluded Submission Methods

· Facsimile (Fax) will not be accepted.

H. QUESTIONS REGARDING THE RFQ

Bidders requiring clarification of the intent or content of this RFQ 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 clearly marked “Questions Relating to RFQ-DTD-FY2024-003” to the Procurement Contact identified on the first page of this RFQ. If a Bidder submits a question after the scheduled date(s), the State will attempt to answer the question but does not guarantee that the answer will be prior to the quote due date.

I. REQUEST TO CHANGE REQUIREMENTS OF THE RFQ

Bidders may request changes to the requirements of the RFQ if the Bidder believes that one or more of the RFQ requirements is onerous, unfair, or imposes unnecessary constraints on the Bidder in proposing less costly or alternate solutions. The Bidder shall submit recommended change(s) and facts substantiating the recommended change by the date(s) identified in the Key Action Dates, in an email clearly marked “Request to Change Requirements of the RFQ-DTD-FY2024-003” to the Procurement Contact identified on the first page of this RFQ. If the State accepts the recommended changes, an addendum will be issued to reflect the change to the RFQ requirements. No request for changes will be accepted other than in writing per the instructions above.

J. PRICES

Prices noted on Attachment 3, Cost Worksheet shall be all inclusive. Only the prices/charges submitted in the quote response shall be accepted and included in the awarded contract. Bidder’s quote shall be an irrevocable offer for 60 days following the scheduled date for submission of the quote as specified in the Key Action Dates on page one of this RFQ. A Bidder may extend the offer in the event of a delay of contract award.

For purposes of this bid, only bids quoted Free On Board (F.O.B.) Destination—Freight Prepaid will be accepted. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or any other purpose will be paid by the State, unless expressly included and itemized in the Agreement. International shipments will be delivered Duty Paid. Import costs, duties, taxes, value added tax, or any other transportation or customs costs will not be paid by the State, unless expressly included and itemized in the Agreement.

Sales tax if applicable will be included as a separate line of the quote; sales tax will not be used in calculation of lowest bid. If awarded this quote, sales tax should be added as a separate line item in the cost worksheet. The sales tax rate applied should be based on the rate of the area where the product is to be delivered.

K. OPTION TO INCREASE QUANTITIES

The State reserves the right to increase quantities up to 30%, at the awarded price, for up to 90 calendar days from contract agreement date.

L. DELIVERY

Delivery shall be completed in full by 05/01/2025 unless otherwise specified on the agreement. In accordance with Paragraph 14, Delivery, of the General Provisions—Information Technology (GSPD-401IT Rev.9/5/2014), the Supplier shall adhere to the delivery terms and completion schedule as specified in this solicitation. Failure to comply with the delivery requirements may be considered a Breach of Contract and may subject the Supplier to Paragraph 25, Rights and Remedies of the State for Default, of the General Provisions—Information Technology (GSPD-401IT Rev. 9/5/2014).

M. BIDDER INSTRUCTIONS:

The Bidder Instructions applicable to this solicitation are located here:

http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf

N. GENERAL PROVISIONS:

Bidders are advised that deviations from the State approved Terms and Conditions may be grounds for rejection of their quote.

The contract awarded as a result of this solicitation shall automatically incorporate by reference the General Services Procurement Division – Information Technology General Provisions – (Cloud Computing Services) – GSPD-ITGP (Cloud):

https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-Cloud-DGS-PD-402ITGP-Revised-02202025.pdf

General Services Procurement Division – Information Technology General Provisions (Non-Cloud Goods and Services) – GSPD-ITGP (Non-Cloud) https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-NonCloud-DGS-PD-403ITGP-Revised-02202025.pdf

O. SPECIFICATION COMPLIANCE:

All products offered must conform to the specifications outlined in Attachment 1, Statement of Work and Attachment 2 Requirement Worksheet. Bidders must indicate proposed brand & model on the Attachment 3 Cost Worksheet.

P. WARRANTY

All products offered must conform to the warranty language identified in the General Provisions, Section 18. Warranty, unless otherwise stated in Attachment 1 Statement of Work or Attachment 2 Requirement Worksheet.

Q. CALIFORNIA SELLER’S PERMIT

This RFQ is subject to all requirements set forth in §6452, §6487, §7101 and §18510 of the Revenue and Taxation Code, and §10295 of the Public Contract Code, requiring Bidders to provide a copy of their retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates issued by the State of California Department of Tax and Fee Administration. For more information on seller’s permit or certification of registration, refer to the following link:

https://www.cdtfa.ca.gov/services/permits-licenses.htm

R. CALIFORNIA CIVIL RIGHTS LAWS

Procurement that exceeds $100,000 must include at the bid or proposal stage, certifications documenting compliance with the Unruh Civil Rights Act and the Fair Employment & Housing Act (the Acts. PCC section 2010). It is intended to preclude State agencies generally from contracting with entities that have policies or practices that violate the Acts. Bidders must complete and return Attachment 4, California Civil Rights Laws Certification with their bid response.

S. PROHIBITION ON TAX DELINQUENTS BIDDING

Public Contract Code section 10295.4 provides that a state agency shall not enter into any contract for 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. This section applies to contracts executed on or after July 1, 2012. The Franchise Tax Board (FTB) and the California Department of Tax and Fee Administration (CDTFA) will post and periodically update lists of the 500 largest tax delinquencies on their websites as required by law. Starting on July 1, 2012 prior to executing contracts state agencies must check the FTB and CDTFA lists to ensure the proposed awardee/vendor is not on either list. If the proposed awardee is on either list, the bid may be considered non-responsive.

https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

T. DARFUR CONTRACTING ACT CERTIFICATION

Effective January 1, 2009, all Invitations for Bid (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).

Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. (See #1 on the Attachment).

A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b).

The Darfur Contracting Act form can be located at:

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

U. DECLARATION FORMS

1. BIDDER DECLARATION (GSPD-05-105)

All Bidders must complete the Bidder Declaration form and include it with the bid response. When completing the declaration, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded an Agreement 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 Agreement. The Bidder Declaration (GSPD-05-105) form can be located at:

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

2. DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS (STD 843)

Bidders who have been certified by the State of California as a DVBE (or who are bidding rental equipment and have obtained the participation of Subcontractors certified by the State of California as a DVBE) must also submit a completed Disabled Veteran Business Enterprise Declaration form. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The completed form should be included with the bid response. The Disabled Veteran Business Enterprise Declarations (STD 843) can be located at:

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

At the State’s option prior to award, Bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for quote rejection.

V. FACTORY AUTHORIZED DISTRIBUTOR/DEALER/PARTNER REQUIREMENT

The Supplier must be either the Manufacturer or a Factory Authorized Distributor/Dealer/Partner for the Manufacturer.

Only bids submitted by a Manufacturer or an “Authorized Distributor/Dealer/Partner” will be accepted. An “Authorized Distributor/Dealer/Partner” is a Supplier who is normally and regularly engaged in the business of selling the products of the Manufacturer. To qualify as an Authorized Distributor/Dealer/Partner”, a Supplier must have technical expertise in the product line(s) being offered for sale, employ individuals who are knowledgeable in/with the products, maintain an inventory of finished product and/or spare parts, and offer technical assistance and repair capabilities. All “Authorized Distributors/Dealers/Partners” must provide substantially the same level of service.

“Authorized Distributors/Dealers/Partners” must either be listed on the Manufacturer’s website OR submit a signed agreement or other documentation from the Manufacturer indicating its status as “factory authorized”. A “one-time agreement” is not acceptable.

If applicable, please provide the Manufacturer’s website address here: _________________________________

W. 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 modes are not acceptable.

X. PAYEE DATA RECORD

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

Bidders must complete a Payee Data Record and submit it with their quote. The Bidder must provide the company’s Federal Employer Identification Number (Business IRS Number) with their final proposal submission on this form. The form can be located at the following website: http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Y. SECRETARY OF STATE CERTIFICATION

If required by law, the prime contractor must submit a certificate of status from the California Secretary of State, showing that the prime contractor is certified with the California Secretary of State to do business in the State of California. If the Bidder does not currently have this certification, the firm must be certified before a contract award can be made and must provide information in their quote to support the status of its application to be certified to do business in the State of California.

Domestic and foreign corporations, Limited Liability Companies (LLCs), Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded the contract. The California Secretary of State Certificate of Status must be included with the quote.

https://businesssearch.sos.ca.gov/

Z. POSTCONSUMER RECYCLED-CONTENT PRODUCTS

The State Agency Buy Recycled Campaign requires State Agencies to report purchases in many product categories. In order to comply with those requirements, Contractors are required to complete and return the Postconsumer-Content Certification (CIWMB 74) form with their bid response. Failure to complete and return the form may disqualify a Contractor’s bid from consideration. The Postconsumer-Content Certification (CIWMB 74) form can be located here:

https://www.calrecycle.ca.gov/BuyRecycled/StateAgency/VendorEd/Form74Guide/

AA. PLASTIC TRASH BAG CERTIFICATION VIOLATIONS

Public Resources Code §42290 et seq. prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a State contract or subcontract or renewal, extension, or modification of an existing contract or subcontract. Prior to award the State shall ascertain if the intended awardee or proposed subcontractor is a business identified on the current CalRecycle noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the Board of the proposed award and afford the Board the opportunity to advise the State. No award will be made when either the bidder or a subcontractor has been identified either by published list or by advice from the Board, to be in violation of certification requirements.

AB. GENERATIVE ARTIFICIAL INTELIGENCE

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

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

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

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

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

AC. TIEBREAKER LANGUAGE

In the event of a tie between lowest cost or highest scoring bidders, a coin toss shall be conducted in the presence of witnesses. Bidders will be invited to witness the coin toss, in addition state staff witnesses will also be present.

Note: In the event of a precise tie between suppliers claiming the incentive, the bid of an SB and the bid of a DVBE that is also a SB, the award shall go to the DVBE that is also an SB.

AD. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM REQUIREMENTS AND DVBE INCENTIVE

For the purposes of this solicitation, the Disabled Veteran Business Enterprises (DVBE) participation requirement has been waived.

This solicitation provides an incentive for DVBE participation.

In accordance with Military and Veterans Code §999.5(a), an incentive will be given to all Bidders who exceed the three percent (3%) DVBE mandatory participation. For Contract award evaluation purposes only, the State shall apply the incentive amount based on the amount of DVBE participation obtained above the three percent (3%) requirement. The incentive is only given to those Bidders who are responsive to the DVBE program requirement and propose DVBE participation in the resulting Contract that exceeds the mandatory three percent (3%) requirement. If the Bidder is claiming a DVBE incentive, the Bidder must complete the Bidder Declaration GSPD-05-105 form (Attachment 6), the DVBE Declaration (STD 843) (Attachment 7) for each DVBE, and Bidding Preferences and Incentives (Attachment 8) if applicable, and submit with their Final bid. If the Bidder is not using subcontractors, the Bidder is still required to complete Attachment 6 Bidder Declaration GSPD-05-105 form, answering the applicable questions on the form and submit with final bid.

AE. SMALL BUSINESS PREFERENCE

§14835 et seq. of the California Government Code requires that a five percent (5%) preference be given to Bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business, or qualifying non-small business, are contained in Title 2, California Code of Regulations, §1896 et seq. The definition of nonprofit veteran service agencies qualifying as a small business is contained in §999.50 et seq. of the Military and Veterans Code. Bidders must mark the appropriate box on the first page of this RFQ indicating whether or not they are claiming the Small Business Preference and complete the Bidder Declaration GSPD-05-105.

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 quote due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

More information regarding the Small Business Preference may be found at:

https://www.dgs.ca.gov/PD/Certification-Program

AF. NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE

A five percent (5%) proposal preference is available to Bidders who qualify as a non-small business claiming at least 25 percent (25%) California-certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the Bidder’s response must include a list of the small businesses with which the firm commits to subcontract in an amount of at least 25 percent (25%) of the net proposal price with one (1) or more California-certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code §14838(b)(1)(2).

Bidders claiming the five percent (5%) preference must commit to subcontract at least 25 percent (25%) of the net proposal price with one (1) 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 p.m. on the quote due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

The preference to a non-small business firm that commits to small business or microbusiness subcontractor participation of 25 percent (25%) of its net proposal price shall be five percent (5%) of either the lowest responsive, responsible firm’s price. A non-small business, which qualifies for this preference, may not take an award away from a certified small business.

If claiming a small business preference or using small business subcontractors, the Bidder must complete and submit GSPD-05-105 Bidder Declaration. If Bidder is not using subcontractors, complete the Bidder Declaration answering the applicable questions and return with the final proposal.

AG. 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 can be viewed at https://www.dgs.ca.gov/PD/Services/OSDS/Regulations

AH. COMMERCIALLY USEFUL FUNCTION

All certified small business, micro business, and/or DVBE Contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code Section 14837 (for SB), Military and Veterans Code Section 999 (for DVBE), and Title II California Code of Regulations, Section 1896.4 and 1896.62.

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor(s), or supplier’s role is limited to that of an extra participant in the transaction, the awarded contract, or project through which funds are passed to obtain the appearance of small business or micro business participation.

All Bidders and subcontractors identified in the proposal response to fulfill the requirements for one (1) or more of the socio-economic programs (DVBE and small business) must perform a commercially useful function (CUF) in the resulting contract. CUF is defined pursuant to Military and Veterans Code §999(b)(5)(B) and Government Code §14837(d)(4)(A) for the DVBE and small business programs, respectively.

Bidders claiming one (1) or more of the socio-economic programs must complete and submit as part of the quote GSPD-05-105 Bidder Declaration, available at: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

If Bidder is not using subcontractors, complete the Bidder Declaration answering the applicable questions and return with the quote. Bidder(s) may be required to submit additional written clarifying information regarding CUF. Failure to submit the requested written information as specified may be grounds for quote rejection.

AI. TARGET AREA CONTRACT PREFERENCE ACT (TACPA)

TACPA will be granted to California-based firms in accordance with Government Code §4530 whenever contracts for goods or services are in excess of $100,000 and the Bidder meets certain requirements as defined in the California Administrative Code (Title 2, §1896.30 et seq.) regarding labor needed to produce the goods or provide the services being procured. The TACPA is optional on the part of the Bidder (not mandatory), is for proposal evaluation purposes only, and does not alter the amount of the awarded Contract.

Bidders wishing to take advantage of this preference will need to review the website below and submit the appropriate response forms in quote response.

The required applications/forms are as follows:

· TACPA (Std. 830)

· Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 525)

· Manufacturer Summary of Contract Activities and Labor Hours (DGS/PD 526).

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference?search=tacpa

AJ. CHANGE ORDERS

Any Contract resulting from this quote may be amended, modified, or terminated at any time by mutual agreement of the parties in writing. Changes amending, modifying or terminating the Contract, including any modifications of the compensation payable, may be issued only by the State Procurement Contact. All such change orders shall be in writing and issued only upon written concurrence of the supplier. Termination, as that term is used in this section, does not include termination for default of the supplier.

AK. RESPONSE CHECKLIST

The following checklist identifies the applicable items that must be completed and returned in order to be evaluated for award:

|_| Signed RFQ solicitation document |_| Attachment 2, Requirements Worksheet |_| Attachment 3, Cost Worksheet |_| Seller Permit Information: Bidder to label as Attachment 4 |_| Attachment 5, California Civil Rights Laws Certification (for all acquisitions that exceed $100,000) |_| Darfur Contracting Act Certification: Bidder to label as Attachment 6 |_| Bidder Declaration Form (GSPD-05-105): Bidder to label as Attachment 7 |_| Disabled Veteran Enterprise Declarations (Std. 843) (if applicable): Bidder to label as Attachment |_| Attachment 9, Bidding Preferences and Incentives |_| Factory Authorized Distributor/Dealer/Partner documentation (if applicable): Bidder to label as Attachment 10 |_| Payee Data Record, STD 204: Bidder to label as Attachment 11 |_| Secretary of State Certification (if applicable): Bidder to label as Attachment 12 |_| Postconsumer-Content Certification form (CIWMB 74): Bidder to label as Attachment 13 |_| TACPA Preference Package (if applicable): Bidder to label as Attachment 14

Failure to return any of these items with your quote response may result in your quote being considered non-responsive.

Note: The State makes no warranty that the checklist is a full and comprehensive listing of every requirement specified in the RFQ. Checking off the items on the checklist does not establish your firm’s intent nor does it constitute responsiveness to the requirement(s). The checklist is only a tool to assist participating Bidders in compiling their final quote response. Bidders are encouraged to carefully read the entire RFQ. The need to verify all documentation and responses prior to the submission of final quotes cannot be over emphasized.

State of California – Department of Fish and Wildlife – RFQ DTD-FY2024-003

RFQ DTD-FY2024-003

State of California – Department of Fish and Wildlife

ATTACHMENT 1 STATEMENT OF WORK - SPECIFICATIONS

This Statement of Work (“Agreement”) reflects the goods and services to be provided by the awarded Bidder hereinafter referred to as the “Contractor” or “Supplier” for the Department of Fish and Wildlife, hereinafter referred to as the “CDFW”.

0. Background CDFW is conducting research on the Gambel’s Quail in the southern desert region of California. We will be deploying 100 tag transmitters on captured Gambel’s Quail and then released back near their burrows to conduct this project.

0. Technical Requirements

1.2.6 Tags must collect location.

ATTACHMENT 2 REQUIREMENTS WORKSHEET

Instructions: Please type appropriate information. This worksheet must be completed in order to be evaluated for award. Make sure you fill in the Vendor name. By checking yes to a requirement, you are indicating that your product has the feature required. If your product can meet the requirement, but not as it is explicitly stated, explain in the comments how it meets the requirement. CDFW will determine if the deviation meets our needs.

Vendor name: _______________________________________________

meets Y/N Comments

|_| NO

ATTACHMENT 3 COST WORKSHEET

or Proposed Brand:______________________________ Model:______________________________ Description:______________________________

Or other in field transmitter if applicable Proposed Brand:______________________________

1.

Proposed Brand:______________________________

1.

Proposed Brand:______________________________

1.

Proposed Brand:______________________________

Shipping/Freight Charges*:

Shipping will be FOB Destination, Prepaid. Successful Bidder will prepay and add shipping fees to final invoice. All shipping/freight charges of $50.00 or more must be invoiced separately. If estimated shipping/freight charges are over $500, prior approval must be obtained from the state Transportation Management Unit.

If items will be shipped from outside of the United States, shipping charges shall include Duty, Value Added Tax (VAT), Customs, and any other related charges as applicable.

Tax*

*Tax and Shipping/Freight will not be considered in evaluating bid responses for award purposes.

ATTACHMENT 5 CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

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

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

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

CERTIFICATION

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

Proposer/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

ATTACHMENT 9 BIDDING PREFERENCES AND INCENTIVES

THE BIDDER MUST COMPLETE ALL SECTIONS BELOW AND SUBMIT WITH THE BID PACKAGE.

0. SMALL BUSINESS PREFERENCE:

Bidder must check the appropriate box from the choices below.

My DGS Small Business certification number is:

Bidder must complete and submit Attachment 6 Bidder Declaration, GSPD-05-105, indicating the percentage of the revenue that will be received by each DGS certified Small Business subcontractor. The form can also be found at the following link:

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

0. DVBE INCENTIVE:

Bidder must check the appropriate box from the choices below.

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

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