RFQ__SOW_-_24-0172957-Battery_String_Replacement-A1.pdf

Date: 4/22/2025

Request for Quote (RFQ) 24-0172957 Uninterruptable Power Supply (UPS), Battery String Replacement Addendum 1

You are invited to review and respond to this Request for Quote (RFQ) for Information Technology (IT) Equipment, entitled RFQ 24-0172957, Uninterruptable Power Supply (UPS), Battery String Replacement. In submitting your quote, you must comply with the instructions found herein.

ALL QUOTES MUST BE SIGNED AND DATED PRIOR TO SUBMISSION.

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

Please email your offer to Jason.Lu@state.ca.gov no later than 1:00 PM Pacific Time (PT), on 5/8/2025. Your RFQ response shall be emailed to the Department Contact named below.

CDT will not accept late, faxed, nor physically mailed/delivered bids. Bids must be emailed and received on, or before, the date and time specified herein.

Department Contact:

Jason Lu

California Department of Technology Acquisition and IT Program Management Branch

(916) 857-9465 Jason.Lu@state.ca.gov

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

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

• Bidders Instructions (GSPD-451), Effective 11/09/2011

Link to GSPD-451

• Information Technology - General Provisions (ITGPs), Effective 02/20/2025

Link to IT – GP (Non-Cloud Goods & Services, DGS PD 403-ITGP (Non-Cloud) - Rev.

02/20/25 mailto:Jason.Lu@state.ca.gov https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-NonCloud-DGS-PD-403ITGP-Revised-02202025.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/IT-General-Provisions-NonCloud-DGS-PD-403ITGP-Revised-02202025.pdf

State of California RFQ Continued Department of Technology Solicitation # 24-0172957

TABLE OF CONTENTS

RFQ REQUIREMENTS

I. General Information

1. Background

2. Key Action Dates

3. Written Questions

4. Authority to Contract Out

5. Availability

6. RFQ Response Guidelines

7. RFQ Response Content

8. Administrative Information

II. Evaluation Information

1. Evaluation Process

2. Responsible Bidder

3. Evaluation Criteria

4. Tiebreaker

III. Award and Protest Information

1. Award of Contract

2. Protests

ATTACHMENTS

Attachment 1 – Cover Letter Attachment 2 – Requirements Checklist Attachment 3 – Security and Confidentiality Statement Attachment 4 – Payee Data Record, Std. 204 Attachment 5 – Certification with the Secretary of State Attachment 6 – California Civil Rights Laws Certification Attachment 7 – Bidder Declaration Form Attachment 8 – Commercially Useful Function Certification Attachment 9 – Byrd Anti-Lobbying Amendment Form

EXHIBITS

EXHIBIT A - Statement of Work

EXHIBIT A -1 - DELIVERABLE ACCEPTANCE DOCUMENT (DAD)………………..……………33

EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS………………………………

EXHIBIT B -1 - Cost Worksheet EXHIBIT C - Information Technology – General Provisions – Non Cloud Goods & Services, DGS PD-403-ITGP (Non-Cloud) Revised 02/20/25 EXHIBIT D - Special Terms & Conditions to Safeguard Federal Tax Information EXHIBIT E - Security and Data Protection

SECTION I – GENERAL INFORMATION

1. BACKGROUND

The California Department of Technology, (hereinafter referred to as the “CDT” or “State,”), is currently undergoing plans to replace battery string at CDT’s Gold Camp Data Center. The batteries supporting the Uninterruptable Power Supply (UPS) are approaching their normal end-of-life. This project is intended to facilitate UPS battery replacement prior to a battery failure.

2. KEY ACTION DATES

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

** Key action dates (by date and time) are approximate and may be changed without addendum to this RFQ to allow CDT additional time for evaluation and Contract execution.

3. MANDATORY PRE-PROPOSAL WALKTHROUGH

A. The mandatory walk-through will be held at 3101 Gold Camp Drive Rancho Cordova, CA 95670 on April 29, 2025 @ 10:00 AM, PT. Contractors are to meet at the Security Desk, prior to the start of the walkthrough to check in with security. The purpose of this walk-through is to provide Respondents an opportunity to examine the work site before submitting RFQ in order to have full knowledge of the area(s) and/or specific equipment affecting the work that may not be specifically described herein. Contractors that do not attend the mandatory walk-through will not have their bid evaluated.

B. The Contractor must contact Jason Lu at Jason.Lu@state.ca.gov, no later than April 28, 2025 by 10:00PM, PT, to provide the names of those who will be in attendance.

C. In the event if a potential Contractor is unable to attend the mandatory pre-proposal walkthrough, an authorized representative may attend on their behalf. The representative may only sign-in for one (1) company.

D. For Respondents that need assistance due to physical impairment, reasonable accommodation will be provided by the awarding agency upon request for the pre-proposal walk-through. The Respondent must call Jason Lu at 916-857-9465 no later than one day prior to the scheduled date and time of the pre-proposal walk-through to arrange for reasonable accommodation.

E. Specific questions during the walk-through should be limited to the work site.

KEY ACTION DATES DATE TIME

Release of RFQ 4/22/2025 Site Walkthrough 4/29/2025 10:00 AM Last Day to Submit Questions and Request for Changes 5/2/2025 1:00 PM Response to Questions 5/6/2025 Last Day to Submit Intent to Bid Letter and Confidentiality Statement 5/6/2025 1:00 PM Last Day to Protest Requirements 5/6/2025 1:00 PM Submission of Final Bid Responses** 5/8/2025 1:00 PM Evaluations** 5/13/2025 11:00 AM Notification of Intent to Award** 5/15/2025 Last Day to Protest Selection** 5/21/2025 1:00 PM Proposed Contract Execution Date** 5/30/2025

4. WRITTEN QUESTIONS

Every attempt has been made to produce complete specifications for this service. Should the Bidder/Respondent discover any ambiguity, conflict, omission or other error in the RFQ, or have any questions concerning interpretation or clarification, the Bidder shall immediately notify CDT of such in writing and request clarification or modification of the document. All questions or concerns regarding this RFQ must be sent to Jason Lu by email to Jason.Lu@state.ca.gov on or before 1:00 PM, PT, on 05/02/2025.

5. AUTHORITY TO CONTRACT OUT

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

6. AVAILABILITY

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

7. RFQ RESPONSE GUIDELINES

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

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

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

8. RFQ RESPONSE CONTENT

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

A. RFQ Response

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

B. Table of Contents

A table of contents that lists the response sections.

C. Cover Letter (Attachment 1)

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

D. Administrative Requirements Checklist (Attachment 2)

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

E. Security and Confidentiality Statement (Attachment 3)

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

F. Completed Cost Worksheet (Exhibit B-1)

All costs shall be filled out by the Respondent. Provide the unit cost and total cost for the description of services/task(s) described in this RFQ SOW (Exhibit A).

G. Payee Data Record, Std. 204 (Attachment 4)

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

H. Certification with the Secretary of State (Attachment 5)

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

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

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

SOS Search.

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

For more information, refer to the SOS website at: SOS Website

I. California Civil Rights Laws Certification (Attachment 6)

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

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code (GC)); and https://bizfileonline.sos.ca.gov/search/business http://www.sos.ca.gov/business/be/faqs.htm

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 GC).

Respondents must complete and sign Attachment 6 California Civil Rights Laws Certification and submit with their bid response. Respondents must also agree to re-certify if the option to extend or an amendment to add time or funding to the contract is utilized.

J. Disabled Veteran Business Enterprise (DVBE) Program Requirements

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

K. DVBE Incentive

In accordance with Section 999.5(a) of the Military and Veterans Code (MVC) an incentive will be given to Respondents who provide DVBE participation. For evaluation purposes only, CDT shall apply an incentive to quotes that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105, Attachment 7 and confirmed by CDT.

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

CONFIRMED DVBE

PARTICIPATION OF

DVBE INCENTIVE

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

L. Small Business Regulations

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

M. Small Business Preference

The Respondents claiming the small business preference must be certified by California as a small business. A 5% preference will be available to California certified SB. This preference must be claimed by completing the Bidder Declaration form GSPD-05-105, Attachment 7.

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

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

N. Non-SB Subcontracting Preference

A 5% preference is also available to a non-small business claiming 25% California certified SB sub-contractor participation. This preference must be claimed by completing the Bidder Declaration form GSPD-05-105, Attachment 7. The form must list all California certified SBs with which you commit to sub-contract with for an amount of at least 25% of the net contract price.

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

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

SB/NVSA prime Bidders meeting requirements specified in the MVC999.5 et seq. and obtaining a California certification as a SB are eligible for the 5% SB preference. This preference must be claimed by completing the Bidder Declaration form GSPD-05-105, Attachment 7.

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

P. Bidder Declaration Forms (Attachment 7)

All Respondents must complete the Bidder Declaration GSPD-05-105 and include it with the quote if Respondent is a SB or DVBE or subcontracting. When completing the declaration, the Respondent must identify ALL proposed subcontractors for participation in the contract. The document and instructions may be accessed at the website link:

Bidder Declaration Form

Q. Commercially Useful Function Certification (Attachment 8) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

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

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

Respondent must complete Attachment 8, CUF Certification. All Respondents and subcontractors identified in the response to fulfill the requirements for one (1) or more of the socio-economic programs (DVBE and SB) must perform a CUF in the resulting Contract. CUF is defined pursuant to MVC 999(b)(5)(B) and GC 14837(d)(4)(A) for the DVBE and small business programs, respectively.

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

R. TACPA Preferences

The TACPA preference will be granted if this solicitation is an Information Technology (IT) procurement valued at $100,000 and greater. Bidders wishing to take advantage of this preference will need to review the following website and submit the appropriate response with their bid: Link to TACPA The maximum preference allowed for TACPA is 9 percent of the bid amount but may not exceed $50,000 for any bid.

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

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

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

Manufacturer Summary of Contract Activities and Labor Hours (goods)

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

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

T. Byrd Anti-Lobbying Amendment (31 U.S.C 1352) (Attachment 9)

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

U. Mandatory GenAI Disclosure Notification

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

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_2.pdf

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.

GC 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. SAM 4819.2 also includes a similar definition of GenAI.

9. ADMINISTRATIVE INFORMATION

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

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

C. Upon an executed Contract, the Contractor shall submit a signed Conflict of Interest, Statement of Economic Interest Form 700 (provided by CDT Contract Administrator) for himself, his employees and any subcontractors assigned to this effort. This document is required by the Fair Political Practices Commission and further information is available at the following address: http://www.fppc.ca.gov

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

E. Prime Contractor’s DVBE Subcontracting Reporting Requirements

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

F. Security and Data Protection Requirements

CDT must ensure agreements with state and non-state entities include provisions which protect and minimize risk to the state when engaging in the development, use, http://www.fppc.ca.gov/ or maintenance of information systems, products, solutions, or services. In order to comply with the SAM Section 5305.8, Bidders must comply with Exhibit E, Security and Data Protection.

G. Seller’s Permit

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

Retailer’s Seller’s Permit Number: _______________________

H. 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 Offeror or a subcontractor has been identified either by published list or by advice from the Board, to be in violation of certification requirements.

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

Any employer who wishes to contract with the State for goods is subject to the provisions of GC 12990 and Non-Discrimination relating to discrimination in employment. Contractors that do not meet the provisions of GC 12990 and Non-Discrimination are not eligible to contract with the State for IT goods. Ineligible contractors are found in the California Regulatory Notice Register. To access the California Regulatory Notice Register:

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

J. RFQ General Information

i) Issuance of this RFQ in no way constitutes a commitment by the State to award an

Agreement. The State reserves the right to reject Bids received and cancel this RFQ if the State determines that it is in the State’s best interest to do so. RFQ responses that reference a Bidder’s own terms and conditions, provisions, assumptions, and/or conditional language will be considered non-responsive and be rejected. Any response that is conditional or incomplete may also be considered to be non-responsive. Assumptions made by the Bidder in responding to this RFQ do not obligate the State. Additionally, assumptions may make the Bid conditional and cause the Bid to be rejected.

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

iii) The State may modify any part of the RFQ, by issuance of one (1) or more addenda.

Addenda will be numbered consecutively and posted online at caleprocure.ca.gov.

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

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

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

SECTION II – EVALUATION INFORMATION

1. EVALUATION PROCESS

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

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

2. RESPONSIBLE BIDDER

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

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

3. EVALUATION CRITERIA

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

A. Administrative Requirements Evaluation (Pass/Fail)

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

ADMINISTRATIVE REQUIREMENTS YES

(PASS)

NO

(FAIL)

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

2. Table of Contents

3. Cover Letter (Attachment1)

4. Administrative Requirements Checklist (Attachment 2)

5. Security and Confidentiality Statement (Attachment 3)

6. Completed Cost Worksheet (Exhibit B-1)

7. Payee Data Record, Std. 204 (Attachment 4)

8. Certification with the Secretary of State (Attachment 5)

9. California Civil Rights Laws Certification (Attachment 6)

10. Bidder Declaration Forms (Attachment 7)

11. Commercially Useful Function Certification (Attachment 8)

12. Byrd Anti-Lobbying Amendment Form (Attachment 9)

13. Seller’s Permit Number

14. DVBE Incentive If applicable

15. Small Business Preference If applicable

16. Non-SB Subcontractor Preference If applicable

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

If applicable

18. TACPA Preferences If applicable

4. Tiebreaker

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

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

SECTION III – AWARD AND PROTEST INFORMATION

1. AWARD OF CONTRACT

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

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

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

2. PROTESTS

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

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

All protests of award must be made in writing, signed by an individual authorized to bind the Respondent contractually and financially, and contain a statement of the reason(s) for protest; citing the law, rule, regulation or procedure on which the protest is based. The protester must provide facts and evidence to support the claim. Protests must be emailed to:

Department of General Services

Dispute Resolution Unit Procurement Division

707 Third Street, Second Floor South West Sacramento, CA 95605

PDProtest@dgs.ca.gov

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

California Department of Technology Jennifer Herrera, Deputy Branch Chief

Acquisition & IT Program Management Branch P.O. Box 1810

Rancho Cordova, CA 95741-1810 Jennifer.Herrera@state.ca.gov

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

mailto:PDProtest@dgs.ca.gov mailto:Jennifer.Herrera@state.ca.gov

ATTACHMENT 1

COVER LETTER

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

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

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

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

2. Mailing Address and contact information:

Street City State Zip

Telephone FAX Email

3. Federal Taxpayer Identification Number:

4. Principal who is authorized to bind the Contractor:

Typed Name Title

Original Signature Date

5. The Contractor’s contact person shall be:

Name Phone Number

The Respondent offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items at the prices quoted and delivered to the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. By signing, with inclusion of the date of signature, the above signed Contractor DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE) The above signed has complied with the non-discrimination program requirements of Government Code 12990 and Non-Discrimination and Title 2, California Administrative Code Section 8103, and such declaration is true and correct; (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct; and (3) If a claim is made as a Small Business or Disabled Veterans Business, the information set forth within is true and correct.

ATTACHMENT 2

ADMINISTRATIVE REQUIREMENTS CHECKLIST

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

1. Administrative Checklist

Check

Attachment # Name/Description Form Provided Required

Attachment 1 Cover Letter YES YES Attachment 2 Administrative Requirements Checklist YES YES Attachment 3 Security and Confidentiality Statement YES YES Attachment 4 Payee Data Record, Std. 204 LINK YES Attachment 5 Certification with the Secretary of State LINK YES Attachment 6 California Civil Rights Laws Certification YES YES Attachment 7 Bidder Declaration Forms LINK YES Attachment 8 Commercially Useful Function Certification YES YES Attachment 9 Byrd Anti-Lobbying Amendment Form YES YES

EXHIBITS EXHIBIT NAME/DESCRIPTION

Exhibit B-1 Cost Worksheet YES YES

OTHER DESCRIPTION

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

Response N/A YES

Section I.8.G Seller’s Permit Number N/A YES

OPTIONAL DESCRIPTION

Section I.7.K California DVBE Quote Incentive LINK OPTIONAL Section I.7.M Small Business Preference LINK OPTIONAL Section I.7.N Non-SB Subcontracting Preference LINK OPTIONAL Section I.7.R TACPA Preferences LINK OPTIONAL

ATTACHMENT 3

SECURITY AND CONFIDENTIALITY STATEMENT

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

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

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

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

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

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

REPRESENTATIVE NAME TITLE PHONE NUMBER

COMPANY NAME

STREET ADDRESS

CITY STATE ZIP CODE

SIGNATURE DATE

ATTACHMENT 4

PAYEE DATA RECORD, STD. 204

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

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

ATTACHMENT 5

CERTIFICATION WITH THE SECRETARY OF STATE

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

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

SOS Search.

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

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

ATTACHMENT 6

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

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

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

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

CERTIFICATION

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

Proposer/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

ATTACHMENT 7

BIDDER DECLARATION FORM

All Respondents must complete the Bidder Declaration GSPD-05-105 and include it with the quote if Respondent is a SB or DVBE or subcontracting. When completing the declaration, the Respondent must identify ALL proposed subcontractors for participation in the contract. The document and instructions may be accessed at the website link:

Bidder Declaration Form

The Respondent awarded the Contract is contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract. (2 CCR § 1896.10.)

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

ATTACHMENT 8

COMMERCIALLY USEFUL FUNCTION CERTIFICATION

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

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

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

• Certified SB/DVBE prime contractors using any subcontractors

• Certified SB/DVBE subcontractors

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

Respondent Name: Certification #:

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

Yes No

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

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

Certified vendor Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

Certified vendor is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices?

If the answer to any of the questions listed above is “No”, the certified vendor in question is not performing a CUF and will not be considered for the proposed contract “as is”.

Please refer to the Bidder Declaration (GSPD-05-105), the STD. 843, and the vendor SB and/or DVBE certification for additional information regarding CUF requirements.

Please sign and return this form as required by the solicitation.

Print Name:

Title:

Signature:

Date:

ATTACHMENT 9

BYRD ANTI-LOBBYING AMENDMENT FORM

Contractors who apply or bid for an award of $100,000 or more shall file the required certification.

Each tier certifies to the tier above that it will not and has not been used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. section 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned [Contractor] certifies, to the best of his or her knowledge, that:

1. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this Federal contract, grant, loan, or cooperative agreement , the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities”, in accordance with the instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31, U.S.C. section 1352 (as amended by the Lobbying Disclosure Act of 1995). Any who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, _______________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. section 3801 et seq., apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official Date

Name and Title of Contractor’s Authorized Official

EXHIBIT A - STATEMENT OF WORK

1. Contract Description:

Contractor’s name (hereinafter referred to as the “Contractor”) agrees to provide the California Department of Technology, (hereinafter referred to as the “CDT” or “State,”), with Uninterruptable Power Supply (UPS), battery string at CDT’s Gold Camp Data Center. The batteries supporting the UPS are approaching their normal end-of-life. This project is intended to facilitate UPS battery replacement prior to a battery failure as listed below in the Statement of Work (SOW) and Exhibit B-1, Cost Worksheet.

2. Equipment and Service(s):

*Please See Exhibit B-1 Cost Worksheet for detailed information.

3. Warranty/Support Services:

One year Contractor’s warranty, including all parts, labor, travel and incidental costs beginning after equipment startup and acceptance of equipment installation, per signed Deliverable Acceptance Document (DAD), Exhibit A-1, by both parties for each unit. The specified warranty period is in addition to, and to run concurrent with, multiyear manufacturer warranty that is prorated based on the age of the battery cells, and does include travel, parts, or any services and requires a share in the cost of replacing the cell from years 2-10, provided on the Exhibit B-1 cost worksheet.

4. Equipment Delivery Site:

Equipment shall be delivered to the equipment delivery site listed below. There are no partial shipments accepted. As well, Purchase Order #xxxx must be included clearly on the outside of the shipped box/container.

California Department of Technology Office of Technology Services – Rancho Cordova Data Center 3101 Gold Camp Drive Rancho Cordova, CA 95670 Attention: Ian Noumov

(916) 822-9205

Delivery Hours: Monday – Friday 7:00am - 11:00pm and 1:00pm – 4:00 pm.