State of California
Bid SN159010
5
Solicitation SN159010
Telephone System & Cable Maintenance
Bid designation: Public
State of California
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p. 1
State of California
Bid SN159010
Bid SN159010 Telephone System & Cable Maintenance Bid Number
SN159010
Bid Title
Telephone System & Cable Maintenance
5
Expected Expenditure $100,000.00 (This price is expected - not guaranteed) Bid Start Date
Feb 27, 2015 1:07:22 PM PST
Bid End Date
Mar 26, 2015 2:00:00 PM PDT
Bid Contact
Nicole Holscher Contract Analyst 707-938-6426
[email protected]
Pre-Bid Conference
Mar 17, 2015 10:00:00 AM PDT Attendance is mandatory Location: Porter Administration Building, Room 216 Contract Services Sonoma Developmental Center 15000 Arnold Drive, Eldridge, CA, 95431
Standard Disclaimer The State of California advises that prospective bidders periodically check the websites, including but not limited to Bidsync, and/or other state department links for modifications to bid documents. The State of California is not responsible for a prospective bidder's misunderstanding of the bid solicitation or nonresponsive bid due to failure to check these websites for updates or amendments to bid documents, and/or other information regarding the bid solicitations. Failure to periodically check these websites will be at the bidder's sole risk. The information published and/or responded to on these websites is public information. Confidential questions/issues/concerns should be directed to the contact on the ad.
Description Contractor agrees to provide all labor, materials, tools, transportation and equipment necessary to perform moves, additions, changes and repairs to intra facility telephone systems at multiple locations on grounds at Sonoma Developmental Center (SDC). The intra facility system consists of cable, wiring, generic and proprietary telephone sets, key systems and PBX switch. Contractor will also be installing, testing and repairing CAT 5 and CAT 6 cables. Contractor agrees to advise and coordinate services from outside telephone vendors to be accomplished at SDC as requested by the Project Representative. Contractor will also perform minor administrative and craft maintenance of PBX switchboard.
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State of California
STATE OF CALIFORNIA--HEALTH AND HUMAN SERVICES AGENCY
Bid SN159010
EDMUND G. BROWN JR., Governor
DEPARTMENT OF DEVELOPMENTAL SERVICES SONOMA DEVELOPMENTAL CENTER CONTRACT SERVICES 15000 ARNOLD DRIVE, P.O. BOX 163 ELDRIDGE, CA 95431 (707) 938-6426 (707) 938-6635
(FAX)
INVITATION FOR BID Notice to Prospective Bidders Telephone System & Cable Maintenance February 27, 2015
You are invited to review and respond to this Invitation for Bid (IFB), entitled “Telephone System & Cable Maintenance“, #SN159010. In submitting your bid, you must comply with these instructions. Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site www.ols.dgs.ca.gov/Standard+Language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below. In the opinion of Sonoma Developmental Center, this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:
Nicole Holscher Sonoma Developmental Center (707) 938-6426
[email protected]
Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum. Nicole Holscher Contract Administrator
Note: All mandatory DVBE participation goals have been waived for this contract, but DVBE incentives will be accepted. See DVBE Bid incentive instructions included in this IFB for more information. 2/27/2015 2:09 PM
p. 3
State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 1 of 12
Table of Contents Section
Page
A) Purpose and Description of Services ................................................................. 2 B) Bidder Minimum Qualifications ........................................................................... 2 C) Bid Requirements and Information ..................................................................... 2 1) 2) 3) 4) 5) 6) 7) 8)
Key Action Dates .......................................................................................... 2 Mandatory Pre-bid Conference/walkthrough ............................................... 3 Submission of Bid ........................................................................................ 3 Evaluation and Selection.............................................................................. 4 Award and Protest ........................................................................................ 5 Disposition of Bid ......................................................................................... 5 Agreement Execution and Performance ...................................................... 5 Darfur Contracting Act of 2008 .................................................................... 6
D) Preference Programs.......................................................................................... 6 1) Small Business Preference .......................................................................... 6 2) Disabled Veteran Business Enterprise (DVBE) Incentive ............................ 6 E) Required Attachments ........................................................................................ 6 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11)
Required Attachment Check List ................................................................. 7 Bid/Bidder Certification Sheet ................................................................... 8-9 Bid Proposal ............................................................................................... 10 Bidder References ..................................................................................... 11 Darfur Contracting Act Form ...................................................................... 12 Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions Disabled Veteran Business Enterprise Declarations (STD 843) Bidder Declaration (GSPD-05-105) Small Business Identification Questionnaire (DS1152) Payee Data Record (STD 204) Contractor's Certification Clauses (CCC) (page 1)
F) Sample Standard Agreement (STD 213) 1) 2) 3) 4) 5) 6)
Exhibit A, Scope of Work Exhibit B, Budget Detail and Payment Provisions Exhibit C, General Terms and Conditions Exhibit D, Special Terms and Conditions Exhibit E, IT General Provisions Exhibit F, IT Maintenance Special Provisions
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 2 of 12
A) Purpose and Description of Services Contractor agrees to provide all labor, materials, tools, transportation and equipment necessary to perform moves, additions, changes and repairs to intra facility telephone systems at multiple locations on grounds at Sonoma Developmental Center (SDC). The intra facility system consists of cable, wiring, generic and proprietary telephone sets, key systems and PBX switch. Contractor will also be installing, testing and repairing CAT 5 and CAT 6 cables. The term of this contract will be from July 1, 2015 through June 30, 2017.
B) Bidder Minimum Qualifications No bidder may bid on work of any kind that the bidder is not properly licensed. Any such bid received will be disqualified. a. Contractor is required to have 10 years of experience maintaining in-plant telephone systems. Contractor must have experience installing, testing, and repairing CAT 5 and CAT 6 cables according to industry standards (TIA/EIA 568A Standard and IEEE). Certification and experience maintaining Definity PBX switch and peripherals is also required. Contractor shall submit proof of these requirements with the bid proposal. b. Contractor needs to respond within 72 hours to SDC, Monday through Friday 7:30 a.m. to 4:00 p.m. Contractor needs to be available to respond to emergencies only, seven days per week, within 12 hours to SDC.
C) Bid Requirements and Information
1) Key Action Dates
Event
Date
IFB available to prospective bidders
February 27, 2015
Mandatory Pre-bid conference and/or Walkthrough
March 17, 2015 @ 10:00 a.m.
Final Date for Bid Submission
March 26, 2015 @ 2:00 p.m.
Bid Opening
March 26, 2015 @ 2:00 p.m.
Notice of Intent to Award
March 30, 2015
Proposed Award Date
March 30, 2015
(Note: Times and dates for the Pre-bid conference and Bid Submission are strictly adhered to.)
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 3 of 12
2) Mandatory Pre-Bid Conference/walkthrough.
a) A mandatory pre-bid conference/walkthrough is scheduled at 10:00 a.m. on March 17, 2015, at Sonoma Developmental Center, Contract Services, Porter Admin. Building Room 216, 15000 Arnold Drive, Eldridge, CA 95431, for the purpose of discussing concerns regarding this IFB. b) In the event a potential prime contractor is unable to attend the mandatory pre-bid conference/walkthrough, an authorized representative may attend on their behalf. The representative may only sign-in for one (1) company. Subcontractors may not represent a potential prime contractor at a mandatory pre-bid conference/walkthrough. c) For contractors who need assistance due to a physical impairment, a reasonable accommodation will be provided by the awarding agency upon request for the pre-bid conference/walkthrough. The Contractor must call Nicole Holscher at (707) 938-6426 no later than the fifth working day prior to the scheduled date and time of the pre-bid conference to arrange for a reasonable accommodation.
3) Submission of Bid
a) All bids must be submitted under sealed cover and sent to Sonoma Developmental Center by dates and times shown in Section C, Bid Requirements and Information, Item 1) Key Action Dates, (page 2). The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example: SN159010 “Telephone System & Cable Maintenance” Sonoma Developmental Center Attn: Nicole Holscher, Contract Services 15000 Arnold Drive – P.O. Box 163 Eldridge, CA 95431 DO NOT OPEN Bids not submitted under sealed cover may be rejected. A minimum of one (1) copy of the bid must be submitted. b) All bids shall include the documents identified in Section E, Required Attachment Checklist (see page 7). Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements. c) All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. d) Mail or deliver bids to the following address: U.S. Postal Service Deliveries Sonoma Developmental Center Contract Services P.O. Box 163 Eldridge, CA 95431
Hand Deliveries or UPS, Express Mail, Federal Express Sonoma Developmental Center Contract Services/Porter Administration Bldg., Room 216 15000 Arnold Drive Eldridge, CA 95431
e) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 4 of 12 f)
A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.
g) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California. h) An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification Sheet, page 8. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. i)
A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.
j)
A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.
k) The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package. l)
The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.
m)
Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.
n) Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications. o) The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. p) No oral understanding or agreement shall be binding on either party.
4) Evaluation and Selection
a) At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. b) The State will evaluate each bid to determine its responsiveness to the published requirements. c) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected. d) Award if made, will be to the lowest responsive responsible bidder.
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 5 of 12 5) Award and Protest a) Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement. b) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement. c) If any bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the (insert name of awarding agency) on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. d) Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third th Street, 7 Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail. e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at www.osp.dgs.ca.gov under the heading FORMS MANAGEMENT CENTER. No payment shall be made unless a completed STD 204 has been returned to the awarding agency. f)
Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at www.dgs.ca.gov/contracts. This document is only required if the bidder has not submitted this form to the awarding agency within the last three (3) years.
6) Disposition of Bids
a) Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. b) Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.
7) Agreement Execution and Performance
a) Performance shall start not later than five (5) days, or on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor. b) All performance under the agreement shall be completed on or before the termination date of the agreement.
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 6 of 12
8) Darfur Contracting Act of 2008
Effective January 1, 2009, all Invitations for Bids (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 sample 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). (See # 2 on the sample Attachment).
D) Preference Programs 1) Small Business Preference: www.pd.dgs.ca.gov “A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the bid response must include a list of the small businesses) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one 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 Section 14837(d)(4). “The required list of California certified small business subcontractors must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor. “Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (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 Certification (OSCC) no later than 5:00 p.m. on the bid due date, and the OSDC must be able to approve the application as submitted. Questions regarding certification should be directed to the OSCD at (916) 375-4940.” 2) DVBE Bid Incentive: The DVBE Incentive program is being applied on this project. Refer to the DVBE Program Requirements for details.
E) Required Attachments Refer to the following pages for additional Required Attachments that are a part of this agreement.
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 7 of 12
ATTACHMENT 1
REQUIRED ATTACHMENT CHECK LIST A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also.
Attachment
Attachment Name/Description
_____
Attachment 1
Required Attachment Check List
_____
Attachment 2
Bid/Bidder Certification Sheet
_____
Attachment 3
Bid Proposal
_____
Attachment 4
Bidder References
_____
Attachment 5
Darfur Contracting Act Form
_____
Additional Attachment
Small Business Identification Questionnaire (DS1152)
_____
Additional Attachment
Payee Data Record (STD 204)
_____
Additional Attachment
Contractor Certification Clauses (CCC-307). The CCC can be found on the Internet at www.ols.dgs.ca.gov/Standard+Language.
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 8 of 12 ATTACHMENT 2 BID/BIDDER CERTIFICATION SHEET This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.
Do not return Section C, Bid Requirements and Information (pages 2 through 6) nor the "Sample Agreement" at the end of this IFB.
A.
Our all-inclusive bid is $_______________________.
B.
All required attachments are included with this certification sheet.
C.
The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.
An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection 1. Company Name
2. Telephone Number ( )
2a. Fax Number ( )
3. Address Indicate your organization type: 4. Sole Proprietorship
5.
Partnership
6.
Corporation
Indicate the applicable employee and/or corporation number: 7. Federal Employee ID No. (FEIN) 8. California Corporation No. 9. Indicate applicable license and/or certification information:
10. Bidder’s Name (Print)
11. Title
12. Signature
13. Date
14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as: a. California Small Business b. Disabled Veteran Business Enterprise Yes No Yes No If yes, enter your service code below: If yes, enter certification number: NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”. Date application was submitted to OSBCR, if an application is pending:
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 9 of 12
Completion Instructions for Bid/Bidder Certification Sheet
Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below. Item Numbers 1, 2, 2a, 3
Instructions Must be completed. These items are self-explanatory.
4
Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.
5
Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.
6
Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.
7
Enter your federal employee tax identification number.
8
Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.
9
10, 11, 12, 13
14
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Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured. Must be completed. These items are self-explanatory.
If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 10 of 12 ATTACHMENT 3
BID PROPOSAL Telephone System & Cable Maintenance In compliance with your Invitation for Bid for Telephone System and Cable Maintenance, I hereby propose to perform the work, as specified and described during the term July 1, 2015 through June 30, 2017, at the following rates: Hourly Rate
Number of Hours
Total
Regular Hours
$___________
X
800
=
$______________
Emergency Hours
$___________
X
200
=
$______________
TOTAL BID
$________________
(Enter this amount on page 8, Attachment 2, #A)
Bidder understands the above number of hours needed is an estimate to be performed during the contract term. The number of hours provided is to identify the lowest responsible bidder for the purpose of awarding this contract only.
Authorized Signature: Printed Name: Title: Company: Address: Street / P.O. Box
City
Telephone Number: Fax Number:
State
Code (
)
(
)
Zip
Email Address: Federal Taxpayer No: Type of Business: ( ) Corporation ( ) Partnership ( ) Individual Are you claiming the 5 percent Small Business Preference? ( ) Yes ( ) No If yes, attach a copy of your OSDC small business certification approval letter.
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 11 of 12 ATTACHMENT 4
BIDDER REFERENCES Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.
List below three references for services performed within the last five years, which are similar to the scope of work to be performed in this contract.
REFERENCE 1 Name of Firm Street Address Contact Person
City
State Telephone Number
Dates of Service
Zip Code
Value or Cost of Service
Brief Description of Service Provided
REFERENCE 2 Name of Firm Street Address
City
State
Contact Person
Telephone Number
Dates of Service
Value or Cost of Service
Zip Code
Brief Description of Service Provided
REFERENCE 3 Name of Firm Street Address
City
State
Contact Person
Telephone Number
Dates of Service
Value or Cost of Service
Zip Code
Brief Description of Service Provided
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State of California
Bid SN159010
Sonoma Developmental Center SN159010 Page 12 of 12
ATTACHMENT 5 – DARFUR CONTRACTING ACT CERTIFICATION Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal. If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form. OPTION #1 - CERTIFICATION If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California. Company/Vendor Name (Printed)
Federal ID Number
By (Authorized Signature) Printed Name and Title of Person Signing Date Executed
Executed in the County and State of
OPTION #2 – WRITTEN PERMISSION FROM DGS Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below. We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. Company/Vendor Name (Printed) Federal ID Number Initials of Submitter Printed Name and Title of Person Initialing
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State of California
Bid SN159010
Note to Awarding Agency preparing this IFB. Include a complete sample contract after this page in the IFB using the most current version(s) of the Standard Form(s).
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State of California
Bid SN159010
Contractor SN159010 Page 1 of 2 EXHIBIT A SCOPE OF WORK 1.
General Scope Contractor agrees to provide all labor, materials, tools, transportation and equipment necessary to perform moves, additions, changes and repairs to intra facility telephone systems at multiple locations on grounds at Sonoma Developmental Center (SDC). The intra facility system consists of cable, wiring, generic and proprietary telephone sets, key systems and PBX switch. Contractor will also be installing, testing and repairing CAT 5 and CAT 6 cables. Contractor agrees to advise and coordinate services from outside telephone vendors to be accomplished at SDC as requested by the Project Representative. Contractor will also perform minor administrative and craft maintenance of PBX switchboard.
2.
Project Representative The Project Representatives during the term of this Agreement will be: Sonoma Developmental Center (SDC) General Services Tina Maldonado (707) 938-6000 Information Systems Bill Kurata (707)938-6306 Contractor Phone
3.
Requirements Contractor is required to have 10 years of experience maintaining in-plant telephone systems. Contractor must have experience installing, testing, and repairing CAT 5 and CAT 6 cables according to industry standards (TIA/EIA 568 Standard and IEEE). Certification and experience maintaining Definity PBX switch and peripherals is also required. Contractor shall submit proof of these requirements with the bid proposal. Failure to submit proof of these requirements can result in a rejection of contractor’s bid.
4.
Parts and Supplies All parts and supplies shall be purchased by Sonoma Developmental Center.
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State of California
Bid SN159010
Contractor SN159010 Page 2 of 2
5.
Availability Contractor needs to be available Monday through Friday, 7:30 a.m. to 4:00 p.m. and respond within 72 hours to SDC. Regular rates will apply. Contractor needs to be available to respond to emergencies only, seven days per week, within 12 hours to SDC. Emergency rates will apply.
6.
Facility Orientation Contractor agrees to attend, prior to the commencement of the contract, facility orientation at no additional cost. Orientation shall consist of an overview of SDC’s policies and procedures as they relate to the people who reside here. Orientation shall not exceed four (4) hours.
7.
Effective Date The effective date of this contract is either July 1, 2015, or the approval date by the Department of General Services, whichever is later. No work shall commence until the effective date.
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State of California
Bid SN159010
Contractor SN159010 Page 1 of 1 Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS 1.
Payment Provisions a. Upon submission of an invoice, stating the services provided, the time period covered, and the Agreement number, Contractor shall be paid in arrears monthly at the rates specified herein or attached hereto, for services performed in a manner acceptable to the State. Payments shall be made after receipt of notification from the Project Representative that acceptable work has been performed by Contractor for a given month. Invoices shall be sent to the Project Representative. Send invoices to: Sonoma Developmental Center Attn: Contract Services P.O. Box 163 Eldridge, CA 95431 b. Payments to Contractor, as specified herein, shall include all taxes, federal, state, and local, payable by Contractor by reason of this Agreement.
2.
Rates Regular Hourly Rate: Emergency Hourly Rate:
3.
$ $
Budget Contingency Clause a. It is mutually agreed that if the Budget Act of the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for this program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an amendment to Contractor to reflect the reduced amount.
4.
Agreement Budget Changes If this Agreement contains a budget, all proposed transfers between individual line items and additions or deletions of line items shall be requested in writing to the appropriate Project representative. Such requests shall contain an explanation of the need for the change, identification of the line items to be changed, and a revised budget. The State reserves the right to deny any request for line item transfers, additions, or deletions.
5.
Accounting Procedures Contractor shall establish and maintain fiscal control and accounting procedures as may be necessary to assure proper accounting for all funds under this Agreement.
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State of California
Bid SN159010
Contractor SN159010 Page 1 of 9 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1.
Termination for Convenience The State may terminate performance of work under this Agreement for any reason the State determines that such termination is in the best interests of the State. A written notice will be provided to Contractor at least thirty (30) days prior to the termination.
2.
Contractor Overpayments If it is determined that an overpayment has been made to the Contractor, the State will seek recovery immediately upon discovery of the overpayment by: (a) requesting in writing that Contractor refund the overpayment amount within thirty (30) days after receipt of notice; or (b) offsetting subsequent Contractor payments by the amount of the overpayment if Contractor repayment is not received within thirty (30) days from the date of notice.
3.
Accounting Requirements Contractor shall establish an accounting system using generally accepted accounting principles that will provide information for reports to the State and which will provide documentation for the fiscal activities of the organization related to this Agreement. The accounting system must include adequate cost accounting procedures that will provide accurate costing for contractual amendments, and for any other costs incurred which relate to payment claimed by Contractor.
4.
Service Standards Contractor agrees to comply with all state and federal laws and regulations which are applicable to the services to be provided under this Agreement. In the course of providing such services, Contractor agrees to treat all people with developmental disabilities in a manner that assures their safety, health, rights, dignity, and privacy as specified in, Welfare and Institutions Code, Section 4500; California Code of Regulations, Title 17, Subchapters 5 and 8 and Title 22, Code of Regulations, Sections 70707, 72527, and 76525.
5.
Agreement Titles Statement The clause headings appearing in this agreement have been inserted for the purpose of convenience and ready reference. They do not purport to and shall not be deemed to define, limit, or extend the scope of intent of the clauses to which they pertain.
6.
Limitation of State Liability The liability of the State under this Agreement shall not exceed the amount of funds appropriated for this Agreement by the California Legislature.
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State of California
Bid SN159010
Contractor SN159010 Page 2 of 9 EXHIBIT D 7.
Licenses Contractor shall be responsible for obtaining and maintaining all applicable federal, state and local licenses, registrations, permits, and certifications during the entire term of this Agreement.
8.
Travel and Per Diem If travel is a reimbursable item, necessary travel expenses and per diem rates must not exceed the rates specified by the Department of Personnel Administration for comparable classes of state employees. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.
9.
Additional Non-Discrimination Clause (Supplements Article 10, Exhibit C, General Terms and Conditions) In accordance with and in addition to Article 10 of the Standard Terms and Conditions, Exhibit C, the Department requires all contractors to comply with DDS’ policy on sexual harassment. This policy is attached. The contractor is responsible for reviewing it with all applicable employees and requiring their strict adherence to this policy.
10.
Insurance Contractor shall have and maintain throughout the entire term of this Agreement or any extension thereof insurance appropriate to the work to be performed, providing coverage during any performance by the Contractor under this Agreement. This insurance shall be for general liability and/or professional liability and/or any other form as may be proper in the industry in which the Contractor is performing under this Agreement. Contractor agrees that the liability insurance herein provided for shall be in effect at all times during the term of this Agreement. If insurance coverage expires at any time during the term of this Agreement, Contractor agrees to provide, at least thirty (30) days before said expiration date, a new Certificate of Insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Agreement or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to such approval. The State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. If the contract requires work of a professional nature, then Contractor agrees to maintain such types and amounts of professional liability or responsibility insurance as are customary in the industry for the work being performed under the terms of the Agreement. In no case shall the amount of the insurance be less than $1,000,000 for any one occurrence and $3,000,000 in the aggregate.
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State of California
Bid SN159010
Contractor SN159010 Page 3 of 9 EXHIBIT D Contractor shall furnish to the State Certificates of Insurance stating that each type and amount of insurance, as set forth above, is presently in effect for Contractor. The Certificate of Insurance must provide that the State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed for the State of California under the Agreement. 11.
Subcontracting Contractor shall not enter into subcontracts for the performance of work under this Agreement, without the prior written approval of the State.
12.
13.
Performance and Evaluation Provisions Approval of Performance a.
Performance of this Agreement by Contractor shall be approved by the Project Representative. Monthly payment for performance is conditioned upon the Project Representative’s determination of whether Contractor has provided satisfactory services in accordance with the terms and conditions of the Agreement.
b.
When services by Contractor are not satisfactorily provided in accordance with the terms and conditions of the Agreement, the Project Representative, may withhold monthly payments until the matter is resolved to the satisfaction of the State.
Resolution of Agreement Disputes a.
Should any questions or conflicts arise regarding the interpretation or performance of the Agreement, an attempt shall be made by the Contractor and the Project Representative, responsible for the Agreement, to discuss and resolve the matter.
b.
If resolution is not reached, the Contractor shall notify the Deputy Director of Administration (DDA) or the Administrative Services Director (ASD), whichever is appropriate, in writing of the dispute within fifteen (15) days of the discussion between the Contractor and the Project Representative.
c.
Any dispute concerning interpretation or performance of this Agreement shall be decided by the Officer who shall state the factual basis for his/her decision in writing and shall serve a copy of the decision on the Contractor. The DDA/ASD decision shall be rendered within thirty (30) days of receipt of a dispute submitted by the Contractor.
d.
In the event the State terminates this Agreement the State may procure, upon such terms and such manner as the Project Representative may deem appropriate, supplies or services similar to those terminated, the Contractor shall be liable to the State for any excess costs reasonably incurred for such supplies or services similar to those terminated. In the event of a termination for default, Contractor shall be paid at the rate specified in the Agreement for the period of satisfactory performance prior to the effective date of cessation of work as provided in the notice of termination.
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State of California
Bid SN159010
Contractor SN159010 Page 4 of 9 EXHIBIT D
14.
Notice of Termination of Agreement a.
If the State terminates this Agreement for any reason, it may fix a date for the cessation of Contractor’s performance under the terms of this Agreement. The State shall notify Contractor in writing of its decision to terminate the Agreement. The termination notice shall contain the date upon which the Contractor shall cease performance under the terms of this Agreement. During the period between the Notice of Termination and the date fixed for cessation of performance, Contractor agrees to continue to satisfactorily perform all of the terms and provisions of this Agreement. In addition Contractor agrees to cooperate with the State and any successor Contractor during this “transition” period.
b. The State may extend the date specified in any notice of termination or any subsequent extension thereof to any date in the future and Contractor agrees to continue to satisfactorily perform the terms and conditions of this Agreement until the new date. Contractor shall be paid at the same rate provided in the Agreement for the extension period for all services which are satisfactorily performed. 15.
Procedures for Termination of Agreement Upon receipt of a notice of termination Contractor shall take such steps as are reasonably necessary to prepare to terminate its operations on the date specified in the notice of termination or any extension thereof.
16.
Waiver of Breach No waiver of any breach of this Agreement shall be held as a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative; that is, in addition to every other remedy provided therein or by law. The failure of the State to enforce at any time any of the provisions of this agreement or to require at any time performance by Contractor of any of the provisions thereof, shall in no way be construed to be a waiver of such provisions nor in any way affect the validity of this agreement or any part thereof or the right of the State to thereafter enforce each and every provision.
17.
Contractor Resource Levels, Reporting Requirements, Standards a.
Contractor shall meet all the contractual requirements listed herein. Contractor shall provide all labor, materials, supplies, and equipment necessary to perform fully, all responsibilities required by this Agreement in accordance with the Project Representative’s directions.
b.
Contractor shall provide the Project Representative, upon request, coinciding with the submittal of an invoice for services, a written report showing:
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State of California
Bid SN159010
Contractor SN159010 Page 5 of 9 EXHIBIT D 1) 2) 3) 4)
5) c.
18.
19.
All assigned work areas Individuals working within each area The number of hours worked by each individual on a daily basis throughout the month Listing of all terminations and new hires during the month, including any information on individuals with developmental disabilities interviewed and/or hired Any other information requested, as necessary, by the Project Representative in order to assess Contractor’s performance
Contractor further agrees that its performance of work, services, materials, equipment, and supplies under this Agreement shall conform to the professional standards generally accepted in the relevant industry.
Cooperation with the State, Other Contractors a.
Services provided under this contract shall be performed by Contractor in a manner that will not disrupt the operational needs of the State.
b.
Contractor shall cooperate and coordinate with the Department of Developmental Services and the developmental center administration in performing all work.
c.
Contractor shall cooperate with other state contractors who may be engaged in the same or related contracts. Contractor shall also cooperate with a successor Contractor.
Loss Liability The State is not responsible for Contractor’s losses on State property, or otherwise, caused by any reason.
20.
21.
Protection of State Property a.
All buildings, appurtenances, and furnishings shall be protected by Contractor from damage caused by work performed under this Agreement.
b.
Such damages to the foregoing, upon approval by the State, shall be repaired and/or replaced at Contractor’s expense by State approved methods, so as to restore the damaged areas to their original condition.
c.
Contractor shall ensure that its employees will exercise all necessary caution to avoid any injury to persons or any damage to property.
d.
Contractor shall adhere to the Department’s policies, i.e., policy on identification badges and policy regarding keys.
Contractor Responsibilities for Employees a.
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Except for approved subcontractors, all personnel shall be direct employees of Contractor. Contractor shall pay all salaries, taxes, and fringe benefits of its p. 24
State of California
Bid SN159010
Contractor SN159010 Page 6 of 9 EXHIBIT D personnel, including, but not limited to, Workers’ Compensation and Unemployment Insurance, as well as costs incurred for physical examinations and fingerprinting required by the terms of this Agreement. Contractor expressly agrees that it is responsible for the acts or omissions of its employees or their agents. Contractor, at its own expense, shall immediately upon notification by the State, remove any of its employees from providing any services under the terms of this Agreement and shall not return said employee to work until notified in writing by the State. Contractor shall assure that said employee is not physically present at this facility or any other facility covered by the terms of this Agreement until notified in writing by the State that said employee may return to work. The State shall not be the employer of any such personnel.
22.
b.
Should the State or Contractor discover that any employee of Contractor does not meet the standards as set forth above, Contractor agrees at its own expense to immediately relieve the individual of further duties and involvement with the Agreement and assure that they are not physically present at any developmental center.
c.
Should any Contractor employee engage in any act detrimental to the Department’s mission of providing care and protection to its residents, any act of injury or abuse to persons or property, or any act of theft or drug abuse, Contractor agrees that it shall be liable for the acts or omissions of its employees or their agents. Contractor agrees to immediately relieve the individual of further duties and involvement with the Agreement and assure that they are not physically present at any developmental center.
Management Responsibilities a.
During the course of this Agreement, the Department reserves the right to approve, in advance, in writing any changes to be made by Contractor as to the individuals identified as managers and supervisors. The Department’s review and approval will be made by the Project Representative to ensure that individuals replacing key personnel shall have comparable technical knowledge, experience, and qualifications in scope, breadth, and depth to those originally accepted as part of Contractor’s bid proposal.
b.
The review and approval will also be made to better ensure that individuals replacing staff in these key positions shall have the ability to develop cooperative and constructive working relationships with staff and clients in the performance of their duties. Departmental approval shall not be unreasonably withheld.
c.
At the onset of the Agreement, Contractor will provide to the Project Representative an assignment roster of each employee by location. In addition, no changes to the roster/assignments will be made until approved by the Project Representative.
d.
Contractor shall make every effort to assure continuity of on-site management staff.
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State of California
Bid SN159010
Contractor SN159010 Page 7 of 9 EXHIBIT D
23.
24.
Health and Safety Responsibilities a.
Contractor is responsible for the health and safety protection of its employees in the performance of this Agreement.
b.
Contractor shall comply with applicable laws relating to safety, including, but not limited to, the regulations of the Division of Occupational Safety and Health, and the State of California Department of Industrial Relations. Contractor’s personnel shall exercise precautions at all times for the protection of persons and property.
c.
In order to protect the health of the developmental center residents, Contractor shall require and be responsible for assuring that all personnel employed to work in the developmental centers undergo a pre-employment and annual health examination prescribed by California Code of Regulations, Title 22, and Section 72535 (a) and (b) testing for Hepatitis B antigen and tuberculosis.
d.
Employees with signs or symptoms of, or known, infectious disease shall not be permitted to work until a physician’s clearance is obtained.
e.
Contractor shall maintain a health record for each employee which includes reports of all employment-related health examinations. Such records shall be kept for a minimum of three (3) years following termination of employment.
f.
Contractor shall be responsible for all costs incurred for health examinations, blood tests, and x-rays for Contractor’s employees.
g.
Contractor’s employees shall participate in emergency disaster exercises.
Ownership of Products Notwithstanding whether or not it may be the subject of a patent or a copyright and or whether or not it is tangible or intangible or intellectual, all products, deliverables, or any like items that are produced, created, developed, or the like, during the term of this Agreement shall immediately become the sole and complete property of the State upon their creation.
25.
Weapons Contractor expressly agrees that it will not permit any of its employees or subcontractors to carry any weapons onto state property. Contractor further expressly agrees that it will be solely responsible for any acts of its employees while on state property. Contractor also states that it has read Penal Code, Section 171b and understands that it prohibits the carrying of weapons on state property.
26.
Federal Health Care Programs Exclusion Certification Contractor hereby certifies that Contractor, Contractor’s employees, and/or subcontractors providing services under this Agreement have not been excluded from participating in federally funded health care programs (www.oig.hhs.gov). Contractor
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State of California
Bid SN159010
Contractor SN159010 Page 8 of 9 EXHIBIT D understands and agrees that should any such exclusion occur during the term of this Agreement, Contractor shall report it to the facility Director in writing within five (5) days from the date of the exclusion or the time Contractor learns of the exclusion. In addition, Contractor understands and agrees that payment shall not be made for any services provided during the period of exclusion, or if payment has already been made, Contractor will be required to reimburse the facility the full payment. 27.
Disabled Veteran Business Enterprise (DVBE) Participation Reporting If for this agreement contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military and Veterans Code [M&VC] Section 999.5 (d))
28.
Substitution of Disabled Veteran Business Enterprise (DVBE) Subcontractors Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code (M&VC) Section 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of Developmental Services (DDS) and the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC Section 999.9; Public Contract Code (PCC) Section 10115.10, or PCC Section 4110 (applies to public works only).
29.
Client Confidentiality All information and records regarding any client obtained in the course of providing services under this Agreement shall be confidential in accordance with Welfare and Institutions Code, Sections 5328 and 4514, et seq.
30.
Professional Responsibility In accordance with the California Code of Regulations, Title 22, Division 5, Section
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State of California
Bid SN159010
Contractor SN159010 Page 9 of 9 EXHIBIT D 70713, Contractor is hereby notified the facility retains all professional and administrative responsibility for services rendered under this Agreement. In addition, Sections 70713, 76507, and 72511 require that when acting as a consultant, Contractor shall apprise the facility Administrator of recommendations, plans for implementation, and continuing assessment through dated and signed reports, which shall be retained by the Administrator for follow-up action and evaluation of performance. 31.
Safety and Security In order to insure the safety of the clients and employees, and the safekeeping of Contractor’s property, Contractor’s vehicle(s) must be locked at all times while on the grounds of the facility.
32.
Confidentiality of Data All financial, statistical, personal, technical, and other data and information relating to the State’s operations, that is designated confidential by the State and made available to Contractor in order to carry out this contract, or which become available to Contractor in carrying out this contract, shall be protected by Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State’s procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the Contractor. If the methods and procedures employed by Contractor for the protection of the Contractor’s data and information are deemed by the State to be adequate for the protection of the State’s confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in Contractor’s possession, is independently developed by Contractor outside the scope of this Agreement, or is rightfully obtained from third parties.
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State of California
Bid SN159010
Contractor SN159010 Page 1 of 5 EXHIBIT F IT Maintenance Special Provisions The following terms and conditions are superseded and replaced by any alternate or inconsistent terms and conditions in the Statement of Work. 1.
Maintenance of Equipment The Contractor is responsible under this Contract to maintain the Equipment identified in the Statement of Work. The Contractor shall keep the Equipment in good operating condition and shall always be responsive to the maintenance requirements of the State. Equipment maintenance shall be provided in accordance with this Contract, with the maintenance charges, Period of Maintenance Coverage, locations, etc. listed in the Statement of Work.
2.
Exclusions a. Maintenance service does not include: 1) Electrical work external to the Machines or maintenance of accessories, alterations, Attachments, or other devices not listed in the Statement of Work. 2) Repair of damage or increase in service time caused by: accident; disaster, which shall include, but not be limited to, fire, flood, water, wind, and lightning; transportation; neglect, misuse, fault or negligence of the State; and alterations, which shall include, but not be limited to, any deviation from Contractor's physical, mechanical, or electrical Machine design, and Attachments. 3) Repair of damage or increase in service time resulting from failure to provide a suitable installation environment with all facilities prescribed by the appropriate Contractor Installation Manual–Physical Planning (including, but not limited to, failure of, or failure to provide adequate electrical power, air conditioning or humidity control). 4) Repair of damage or increase in service time attributable to the use of the Machines for other than the data processing purpose for which it was acquired. 5) Furnishing platens, supplies or accessories; painting or refinishing the Machines or furnishing material therefore; inspecting Machines altered by other than Contractor; making specification changes or performing services connected with the relocation of Machines; or adding or removing accessories, Attachments or other devices. 6) Such service which is impractical for Contractor to render because of alterations or connection by mechanical or electrical means to another Machine. 7) Repair of damage, replacement of parts (due to other than normal wear) or repetitive service calls caused by the use of supplies or materials not meeting Contractor's specifications for such supplies or materials. 8) Repair of damage or increase in service time caused by conversion from one Contractor model to another or the installation or removal of a Contractor feature whenever any of the foregoing was performed by other than the Contractor.
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State of California
Bid SN159010
Contractor SN159010 Page 2 of 5 9) Repair or maintenance by Contractor that is required to restore Equipment to proper operating condition after any person other than Contractor's employee had performed maintenance or otherwise repaired an item of Equipment. b. The Contractor may be required to perform repair or maintenance on excluded items in paragraph a, above. An additional charge for such repair or maintenance shall be at the established Contract rates in the Statement of Work, or if not stated, be at Contractor's applicable time and material rates and terms then in effect. The procedures for authorization of such maintenance may be the same as those for Remedial Maintenance outside of the Principle Period of Maintenance. 3.
Responsibilities of the Contractor a. This maintenance service includes the following and may be further described in the Statement of Work: 1) Scheduled Preventive Maintenance based upon the specific needs of the individual Machines as determined by manufacturer. 2) Unscheduled, on-call Remedial Maintenance. Such maintenance will include lubrication, adjustments, and replacement of maintenance parts deemed necessary by the Contractor. b. Maintenance parts will be furnished by Contractor and will be new or equivalent to new in performance when used in these Machines. Replaced maintenance parts become the property of the Contractor. c. Preventive maintenance shall be performed on a schedule which is mutually acceptable to the State and the Contractor, which is consistent with the State's operating requirements, and which is based upon the specific needs of the Equipment as determined by the manufacturer. Such schedules shall be in writing and shall specify the frequency and duration of Preventive Maintenance for the Equipment in the Statement of Work. d. Remedial Maintenance shall be commenced promptly after notification by an authorized State representative that Equipment and/or Software is inoperative.
4.
Responsibilities of the State a. The State shall provide an appropriate operating environment, including temperature, humidity, and electrical power, in accordance with the environmental requirements contained in the Contractor's published specifications for the Equipment listed on the Statement of Work. b. Unless mutually agreed to by the Contractor and the State, State personnel will not perform maintenance or attempt repairs to the Equipment while such Equipment is governed by the terms of this Contract.
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State of California
Bid SN159010
Contractor SN159010 Page 3 of 5 c. Subject to the State's security regulations, the Contractor shall have full and free access to the Machines to provide service thereon. 5.
Maintenance Coverage a. Period of Maintenance Coverage: 1) The State may select a period or periods of maintenance coverage, as stated in the Statement of Work, in accordance with the following: (a) A minimum monthly maintenance charge entitles the State to maintenance coverage during the Principal Period of Maintenance. (b) The State may select in lieu of the hours available for the minimum monthly maintenance charge, one or more of the optional periods of maintenance coverage for an additional charge as shown in the Statement of Work 2) The hours of maintenance coverage for a Machine on Monday through Friday shall be the same each day; and the hours on Saturday and Sunday shall be the same hours on all Saturdays or Sundays. All Machines covered under this Contract must have a simultaneous span of time within the selected periods of maintenance coverage, at least equal to the shortest period offered for any Machine in the System. 3) The State may change its selected Period of Maintenance Coverage by giving Contractor fifteen (15) days prior written notice. b. Preventive Maintenance (scheduled) Preventive maintenance can either be performed within or outside of the Principal Period of Maintenance (PPM). An additional charge may be made for Preventive Maintenance to be performed outside of the PPM, as set forth in the Statement of Work. No additional charge shall be made for Preventive Maintenance that is to be performed within the PPM. c. Remedial Maintenance (unscheduled) 1) Remedial Maintenance shall be performed after notification by authorized State personnel that the Equipment is malfunctioning. 2) The Contractor shall provide the State with a designated point of contact and will initiate the Remedial Maintenance. 3) There shall be no additional maintenance charges for: (a) Remedial Maintenance during the Period of Maintenance Coverage unless the Remedial Maintenance is due to the fault or negligence of the State. (b) Time spent by maintenance personnel after arrival at the site awaiting the arrival of additional maintenance personnel and/or delivery of parts, etc., after a service call has been commenced.
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State of California
Bid SN159010
Contractor SN159010 Page 4 of 5 (c) Remedial Maintenance required because the scheduled Preventive Maintenance preceding the malfunction had not been performed, unless the State had failed to provide access to the Equipment. (d) For time of delay beyond the PPM, Contractor shall continue to perform maintenance for the same amount of time outside the covered period without additional charge to the State. (e) The first hour of work performed when Remedial Maintenance service is requested during the covered Period of Maintenance and the actual work is begun outside such period. 6.
Maintenance Charges a. The monthly maintenance charges described include all maintenance costs, and the State will pay no additional charges unless specifically set forth in this Contract. Maintenance rates shall be firm for the Contract period subject to any maximum annual maintenance escalation as set forth in the Statement of Work. b. Maintenance charges for fractions of a calendar month shall be computed at the rate of 1/30 of the applicable Total Monthly Maintenance Charge, for each day maintenance was provided. c. There will be no charge for travel expense associated with maintenance service or programming service under this Contract except that actual travel expenses will be charged in those instances where the site at which the Machine is located is not normally accessible by private automobile or scheduled public transportation. d. All maintenance and other service activities (including but not limited to activities relating to pre-installation planning, inspections, relocation of Machines, engineering changes and altered programming) which may be made available by Contractor to the State at no additional charge or at Contractor's then applicable time and material charges, in connection with any Machines or programming supplied under this Contract, shall be subject to the terms and conditions of this Contract, unless such activities are provided under another written agreement signed by the State and the Contractor.
7.
Maintenance Credit for Inoperative Machines The Contractor shall grant a proportionate maintenance credit on a Machine shown in the Statement of Work when the Machine is inoperative for consecutive scheduled work periods totaling 24 hours from the time the State notifies the Contractor the Machine was inoperative, provided (1) the Machine became inoperative through no fault of the State, and (2) the breakdown was attributable to Equipment Failure. The credits to be granted by the Contractor to the State shall be as reflected in the Statement of Work.
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State of California
Bid SN159010
Contractor SN159010 Page 5 of 5 8.
Engineering Changes Engineering changes, determined applicable by Contractor, will be controlled and installed by Contractor on Equipment covered by this contract. The State may elect to have only mandatory changes, as determined by Contractor, installed on Machines so designated. A written notice of this election must be provided to the Contractor for confirmation. There shall be no charge for engineering changes made. Any Contractor-initiated change shall be installed at a time mutually agreeable to the State and the Contractor. Contractor reserves the right to charge, at its then current time and material rates, for additional service time and materials required due to non-installation of applicable engineering changes after Contractor has made a reasonable effort to secure time to install such changes.
9.
Relocation of Equipment a. In the event the Equipment being maintained under the terms and conditions of this Contract is moved to another location within the State of California, the Contractor shall continue to maintain the Equipment at the new location. b. The charges of the Contractor to dismantle and pack the Equipment and installation at the new location shall be at the rates set forth in the Statement of Work. The State agrees to pay all costs incidental to any move, including costs for packing, crating, rigging, transportation, unpacking, uncrating, insurance, installation, and State and local sales tax, if any. c. If Contractor is responsible for the move, no re-certification charges to confirm continued maintenance eligibility will be applicable. If the move is conducted by other than Contractor, State agrees to pay re-certification charges to Contractor at rates set forth in the Statement of Work.
10.
Termination Notwithstanding the Termination for Convenience provisions contained in the General Provisions, upon thirty (30) days’ written notification to the Contractor, State may terminate, at no cost to the State, maintenance for all or any portion of the Equipment identified in the Statement of Work.
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State of California
Question and Answers for Bid #SN159010 - Telephone System & Cable Maintenance
Bid SN159010
5
Overall Bid Questions There are no questions associated with this bid.
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