24-170 RE-BID
INVITATION FOR BID
Notice to Prospective Bidders
08/29/2024 

You are invited to review and respond to this Invitation for Bid (IFB) entitled 24-170 RE-BID - Parking Lot Sweeping and Pressure Washing and/or Steam Cleaning Services at the Santa Barbara DMV Field Office. This IFB is advertised in the California State Contracts Register through Cal eProcure at:

http://www.caleprocure.ca.gov or http://www.dgs.ca.gov

Please note that you must register with Cal eProcure in order to download IFB packages and any other provided documents from the Cal eProcure website.

Bidders are advised to check the Cal eProcure website for addendums, modifications, and updates to the bid documents.  The Department of Motor Vehicles (DMV) is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure.  Failure to periodically check the website will be at the bidder's sole risk.

In submitting your bid, you must comply with the instructions found herein.  Your bid must be submitted via email (the DMV will not accept a mailed or hand-delivered bid).

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:

http://www.dgs.ca.gov

In the opinion of the DMV, this IFB package is complete and without need of explanation.  The contact person for this IFB is:

Valerie Roybal
Department of Motor Vehicles
Phone: +19168182859
Email: valerie.roybal@dmv.ca.gov

Please note that no verbal information given will be binding upon the state unless such information is issued in writing as an official addendum.
 

Valerie Roybal 
Contract Administrator

1. Parking lot sweeping and pressure washing and/or steam cleaning services at the Santa Barbara DMV Field Office.  Term: Thirty-six (36) months (see SECTION 3. SCHEDULE OF EVENTS for proposed start date of contract).  See EXHIBIT A: SCOPE OF WORK, for a complete description of services.

1. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals.  “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law.  By submitting a bid, the bidder represents that it is not a target of Economic Sanctions.  Should the State determine, at any time prior to the execution of a contract, that the bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the bidder’s bid by the DMV.
    
2. The awarded contractor shall utilize truck-mounted equipment to perform parking lot sweeping during the term of the contract.  The awarded contractor shall not utilize trailer-mounted equipment to perform parking lot sweeping during the term of the contract.

1. Submit all written questions via email to the contact person indicated on the cover page of this IFB package no later than the date and time specified in the SECTION 3. SCHEDULE OF EVENTS.  Written responses to IFB questions will be released by the date and time specified in the Schedule of Events and viewable in the online project advertisement in Cal eProcure at: http:/www.caleprocure.ca.gov. 

1. Bids must be received via email no later than the date specified in the Schedule of Events. The DMV will not accept any bids that are mailed or hand-delivered.
    
   1. Bids shall be emailed in non-fillable PDF format (one [1] file that includes all required bid documents) to DMVBIDS@dmv.ca.gov.  Only bids sent to this email will be considered.  Bids that contain any bid information in the body of the email may be rejected. Bids shall be sent to the email address listed above and contain the following information in the Subject Line only:
       
      1. Bid # 24-170 RE-BID for Valerie Roybal for Santa Barbara Parking Lot Sweeping and Steam Cleaning Services Due: 09/18/2024
          
         1. Bids may be deemed non-responsive if the subject line does not contain the above information.
             
   2. Emails shall not exceed one hundred (100) megabytes (MB) in size.
       
   3. Emailed bids will not be opened until after the date specified in the +SECTION 3. SCHEDULE OF EVENTS.
       
2. Bids must be received by the DMV no later than the date specified in the +SECTION 3. SCHEDULE OF EVENTS.  Any bid received after the specified due date shall be rejected.
    
3. Bids shall include all required bid documents identified in the REQUIRED BID DOCUMENTS CHECKLIST.  Only submit the required bid documents with your bid, not the entire IFB package. Bids not including the required bid documents shall be deemed non-responsive.  A non-responsive bid is one that does not meet the basic bid requirements.
    
4. Bidders are responsible for ensuring the accessibility and legibility of the submitted documents.  Bids that are not accessible or legible may be rejected.
    
5. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.
    
6. Bids must be submitted for the performance of all the services described herein.  Any deviation from the work specifications shall not be considered and shall cause a bid to be rejected.
    
7. Costs for developing bids in anticipation of award of the contract are entirely the responsibility of the bidder and shall not be charged to the DMV.
    
8. An individual who is authorized to bind the bidding firm contractually shall sign the ATTACHMENT 1: BID/BIDDER CERTIFICATION SHEET. The signature must indicate the title or position that the individual holds in the firm.  An unsigned bid may be rejected.
    
9. 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, shall not be considered.
    
10. A bidder may withdraw their bid by submitting a written withdrawal request to the DMV, 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.
     
11. The DMV may modify this IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.
     

12. Bidders are cautioned to not rely on the DMV during the evaluation to discover and report to the bidder any defects and errors in the submitted documents.  Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements.

     
13. Where applicable, bidders should carefully examine work sites and specifications. Bidders shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered.  No additions or increases to the contract amount shall be made due to a lack of careful examination of work sites and specifications.
     
14. All documents submitted in response to this solicitation will become the property of the State of California and may be subject to the California Public Records Act (Government Code section 6250 et seq.).  This includes any contact information within the documents, including that of references.  Additionally, to the extent that a bidder believes its bid contains trade secret or proprietary information intended to be confidential, it is the bidder’s responsibility to identify and redact such information.  A separate redacted copy of the bid must be submitted along with the original unredacted bid, and it will be the bidder’s responsibility to defend any redactions should a requester dispute them under the Public Records Act.  In the absence of a pre-redacted bid, the DMV will treat the entire bid as a public record, except any information the DMV is required to redact under California law.

1. If you plan to attend the public bid opening, you must email the contact person indicated on the cover page of this IFB no less than 24 hours prior to the bid opening date and time.  The contact person will email the bid opening information, held virtually through Microsoft Teams.

1. All documents submitted in response to this IFB shall become the property of the State of California, and shall be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.). However, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's bid, shall be held in the strictest confidence until notice of award is released.  The content of all working papers and discussions relating to a bid shall be held in confidence indefinitely, unless the public's interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement, or evaluation of a bid.

1. Each bid shall be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.
    

2. The DMV shall put each bid through a process of evaluation to determine its responsiveness to the DMV's needs.

    
3. A bidder may be deemed not responsible and their bid may be rejected if they have previously been terminated for cause/breach for the same or similar services at the location designated in this IFB.
    
4. All bids may be rejected whenever the DMV determines that the cost is not reasonable or otherwise in the best interest of the DMV.  There is no requirement to award a contract if, in the opinion of the DMV, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.
    
5. Bids that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected.  If, in the opinion of the DMV, such information was intended to mislead the DMV in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it shall be the basis for rejection of the bid.
    
6. A bid may be rejected if it is conditional or incomplete.  The DMV may reject any or all bids and may waive any immaterial deviation in a bid.  The DMV's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the contract.
    
7. A bid may be rejected if it contains any alterations of form or other irregularities of any kind.  The DMV does not accept alternate contract language from prospective contractors. Bids with such language shall be considered a counter proposal and shall be rejected.  The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed on the internet at:  http://www.dgs.ca.gov.
    
8. The final selection shall be made on the basis of the lowest responsible responsive bid.  In the event there is tie, each of the tied bidders shall be contacted by the contact person indicated on the cover page of this IFB regarding a date and time for a flip of a coin.  The bidder whose bid was received first shall make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin.

1. Upon written request by any bidder via email, regular mail, or personal delivery prior to award of the contract, the DMV shall email bidders and post in a public accessible place, a written notice of intent to award contract no less than five (5) DMV business days prior to awarding the contract.  All written requests must be submitted to and received by the contact person indicated on the cover page of this IFB prior to award of the contract.
    
2. Whenever a contract is awarded under a procedure which provides for competitive bidding, but the contract is not to be awarded to the low bidder, the DMV shall:
    
   1. Notify the low bidder in writing by email, overnight courier, or personal delivery no less than five (5) DMV business days prior to the award of the contract.

1. If any bidder, prior to the award of the contract, files an initial protest with the DMV and the Department of General Services (DGS) on the grounds that the protesting bidder is the lowest responsive responsible bidder, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.
    
2. Within five (5) calendar days after filing an initial protest with the DMV and DGS, the protesting bidder shall file a full and complete written statement with the DMV and DGS specifying the grounds for the protest, including: the IFB number, the name of the state agency involved, and the agency contract person.  Protestants should also include their fax number if they have one.
    
3. A written protest must be sent by email to the DGS, Office of Legal Services (OLS) at OLSProtests@dgs.ca.gov, as well as the Contract Administrator listed on the cover letter of this IFB. 

1. The DMV shall email, fax, or mail bidding contractors a written notice of contract award.

1. Following the release of the written notice of contract award, the DMV shall email, fax, or mail the awarded contractor a prepared contract for signature that includes a cover letter instructing the awarded contractor on how to proceed.  The cover letter may request that additional information and/or required documents be provided by the awarded contractor before the contract can be fully executed.
    
2. Services shall be available on the expressed date set by the DMV after all approvals have been obtained and the contract is fully executed.
    
3. All performance under the contract shall be completed on or before the termination date of the contract.
    

4. No oral understanding or agreement shall be binding on either party.

    

1. Prior to approval of the contract, unless otherwise specified below, the awarded contractor shall provide the DMV with all of the following required documents within ten (10) calendar days after the contract has been forwarded to the awarded contractor for signature.  If the awarded contractor fails to provide the DMV with all of the following required documents within the above specified number of calendar days after the contract has been forwarded to the awarded contractor for signature, the DMV may deem the awarded contractor as non-responsive and may rescind the contract award: 
    
   1. Contractor Certification Clauses
       
      1. The awarded contractor shall sign and submit to the DMV, page one (1) of the Contractor Certification Clauses (CCC) which can be found on the Internet at:  http://www.dgs.ca.gov.
          
   2. Insurance Requirements
       
      1. When requested by the DMV, the awarded contractor shall provide the DMV with all of the following certificate(s) of insurance (Note: The DMV shall not be responsible for any premiums or assessments on insurance policies):
          
         1. Commercial General Liability
             
            1. Coverage shall provide limits of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined.  The policy shall include coverage for liabilities arising out of premises operations, independent contractors, products/completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability.
                
            2. The insurance policy shall include the following additional insured endorsement that shall be under form acceptable to DGS, Office of Risk and Insurance Management (ORIM):
                
               1. The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.
                   
         2. Automobile Liability 
             
            1. Coverage shall provide limits of not less than $1,000,000.00 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.
                
               1. The insurance policy shall include the following additional insured endorsement that shall be under form acceptable to DGS, ORIM:
                   
                  1. The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.
                      
         3. Worker’s Compensation
             
            1. Employer liability limits of not less than $1,000,000.00 are required if the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California.  The awarded contractor shall maintain statutory workers compensation and employer’s liability coverage for all of its employees who will be engaged in the performance of the contract.  If the awarded contractor does not employ any person, in any manner, so as to not become subject to the Workers’ Compensation laws of California, the awarded contractor shall contact the DMV Contract Administrator to request a Workers’ Compensation Exemption Certification form.  This form shall be completed by the awarded contractor and submitted to the DMV prior to approval of the contract.
                
            2. The awarded contractor’s workers compensation insurance policy shall be endorsed with a waiver of subrogation in favor of the State of California in the event the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California.

1. The following preferences are applicable to this IFB:
    
   1. Small Business Enterprise (SBE) Preference
       
      1. SBE Preference information can be found at the following internet web site:  http://www.dgs.ca.gov. 
          
      2. To be eligible for a SBE Preference, the bidder must be certified by the State of California, Department of General Services (DGS), Office of Small Business and Disabled Veteran Enterprise Services (OSDS), as a Certified Small Business.
          
   2. Non-Small Business (Non-SB) Preference
       
      1. Non-SB preference information can be found at the following internet web site:  http://www.dgs.ca.gov (Note: Non-SB Preference cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

1. The following incentive is applicable to this IFB:
    
   1. Disabled Veteran Business Enterprise (DVBE) Participation Incentive
       
      1. See SECTION 3. DVBE PARTICIPATION INCENTIVE for information (Note: DVBE Participation Incentive cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

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Contractor’s Full Business Name (to be completed by the DMV), hereinafter referred to as the Contractor, agrees to provide the Department of Motor Vehicles (DMV) all labor, tools, materials, equipment, and travel necessary to perform parking lot sweeping and pressure washing and/or steam cleaning services at the Santa Barbara DMV field office (approximately 55,330 square feet of paved parking surfaces and parking lot) for the term of this Agreement.

The services shall be performed at: 535 Castillo Street, Santa Barbara, CA 93101.

The Contractor shall commence work under this Agreement on the specified start date provided by the DMV Project Manager following the execution of this Agreement by the State.  The DMV Project Manager shall provide the Contractor with written notification of the start date prior to the Contractor commencing work under this Agreement.  Note: Services may be suspended at any time during the term of this Agreement.  In the event the DMV requires suspension of services, such suspension is subject to three (3) calendar days’ written notice to the Contractor.  The DMV may choose to subsequently reinstate services at any time during the term of this Agreement and shall provide ten (10) calendar days’ written notice to the Contractor.

1. The services shall be provided during non-DMV business hours as indicated below.  Services shall not be performed on state holidays as indicated at DMV’s website: https://www.dmv.ca.gov/portal/dmv/dmv/offices.  In the event the Contractor is unable to perform duties due to a state holiday, services shall be rescheduled for the next non-holiday business day.  Services shall be performed in compliance with the city ordinance code.

    

   1. Parking Lot Sweeping: The Contractor shall perform services during non-business hours three (3) times per week, on Sunday, Tuesday, and Thursday, between the hours of 6:00 p.m. and 6:00 a.m. the next business day.

       

   2. Paved Area Pressure Washing and/or Steam Cleaning: The Contractor shall perform services during non-business hours, two (2) times per month, on the first and third weekend of each month, between the hours of 12:00 a.m. Saturday and 10:00 p.m. Sunday.

The Project Managers during the term of this Agreement shall be: 

Any questions or issues regarding the management of this Agreement shall be directed to the following Contract Coordinators:

In the event of any changes to the name, address, and/or contact information for the Project Managers and/or Contract Administrators/Coordinators identified in this Exhibit, the party making the changes shall notify the other party in writing.

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Detailed description of work to be performed and duties of all parties:

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1. For services rendered as required under this Agreement, and upon receipt and approval of the invoice(s) and any associated time-sheets, status reports, or any other required documentation of work completed, the DMV agrees to compensate the Contractor in accordance with the rates shown in the table below, all taxes included, no more frequently than on a monthly basis in arrears.  Payment is subject to pro-rata reduction for days on which services are not rendered as required under this Agreement.  The Contractor shall submit a completed Exhibit F “Maintenance Log” document with each invoice for payment.

   Description	Cost
   Parking Lot Sweeping	$TBD (to be completed by DMV) per month
   Pressure Washing and/or Steam Cleaning	$TBD (to be completed by DMV) per month

2. In the event the Contractor fails to render services required under this Agreement on a required work day during a monthly service period during the term of this Agreement, the total amount the DMV will compensate the Contractor for services rendered during the service period shall be reduced.  The total reduction per service period shall be calculated as follows:
   
   (Total work days services required under this Agreement were not rendered during service period) divided by (Total number of required work days for the service period) multiplied by (the monthly service period rate) equals (Total reduction for the service period)
    
3. Invoice(s) should include all of the following:
    
   1. Contractor’s name as indicated within this Agreement, address, telephone number, and email address.
       
   2. Name, address, and telephone number of the DMV representative or office indicated within this Agreement to whom the invoice is being mailed or delivered.
       
   3. Date the invoice was prepared.
       
   4. Period of time covered by the invoice.
       
   5. This Agreement number.
       
   6. Office name and address where services were provided.
       
   7. Brief description of the type of services for which the DMV is being billed.
       
   8. Total number of days in the billing period that the Contractor was required to perform services.
       
   9. Dates within the billing period that the Contractor failed to render required services.
       
   10. Total amount invoiced (include calculations showing how the total amount invoiced was determined by including any pro-rata reduction amounts if applicable).
        
4. If this Agreement requires the Contractor to provide time sheets, status reports, payroll information, or other documentation of work done, the Contractor shall not submit an invoice and the State shall not be liable for payment while the Contractor has failed to provide the time sheets, status reports, or other documentation of work for the segment of work covered by the invoice.
    
5. The Contractor’s invoice(s) shall be emailed to:  TBD

1. The parties mutually agree that if the Budget Act of the current year or any subsequent year covered under this Agreement does not appropriate sufficient funds for the 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 the Contractor or furnish any other consideration under this Agreement, and the Contractor shall not be obligated to perform further services under this Agreement.
    
2. 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 agreement amendment to the Contractor to reflect the reduced amount.

1. Payment shall be made in accordance with and within the time specified in the California Prompt Payment Act (Government Code Chapter 4.5, commencing with Section 927).

    

1. In addition to any other remedy available under this Agreement or applicable law, the DMV may dispute an invoice or invoices submitted by the Contractor and withhold amounts owed by the Contractor to the DMV under this Agreement, including but not limited to amounts owed for breach, amounts owed as liquidated damages, and amounts owed due to overpayments from amounts claimed by the Contractor on invoices submitted to the DMV and otherwise owed by the DMV to the Contractor under this Agreement.

    

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1. The General Terms and Conditions (GTC) shall be incorporated into the final agreement by reference on the Standard Agreement form (STD 213). The GTC may be viewed on the internet at: http://www.dgs.ca.gov. (Please note that this page will not be included in the final Agreement.)

1. Circumstances beyond the control of the Contractor or the DMV may excuse the performance of the terms of this Agreement and prevent the other party from seeking any related damages.  These circumstances include acts of war, terrorism, civil war, revolution, or rebellion, epidemics or pandemics, strikes or industrial disputes, government orders or laws, and natural disasters such as earthquake, flood, or fire (excluding weather conditions), and any other extraordinary events or circumstances that prevent or delay the performance of a party and that are not within the control of the that party or avoidable by the exercise of due care.
    
2. If either party seeks to invoke force majeure to excuse or delay the performance of the terms of this Agreement, that party must immediately notify the other party.  The invoking party must provide full details regarding the force majeure event, including the reason(s) the event is preventing or delaying performance, and the expected time frame for performance to be resumed.  The invoking party must make reasonable efforts to mitigate damages and force majeure effects and must make reasonable efforts to fulfill its obligations under this Agreement.  Upon completion of the force majeure event, the invoking party must resume performance under this Agreement as soon as practicable.
    
3. The Contactor is not entitled to payment for services not rendered during a force majeure event and is not entitled to recover costs, losses, or expenses from the DMV as result of the force majeure event. The DMV is not entitled to the cost of replacement services in the event of force majeure.

1. The Contractor understands that in the event this Agreement is terminated for cause/breach, in future bid solicitations for the same or similar services at the location designated in this Agreement, the DMV may reject the Contractor’s bid as a non-responsible bid.
    
2. The DMV may terminate this Agreement for any of the following reasons:
    
   1. The Contractor fails to perform the requirements of this Agreement at the time and in the manner herein provided.  In the event of such termination, the DMV may proceed with the work in any manner deemed proper by the DMV. All costs to the DMV shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
       
   2. When termination is in the best interest of the DMV.
       
3. The DMV may recover costs and damages from the Contractor that include, but are not limited to, the following:
    
   1. The cost of rebidding the work.
       
   2. The additional cost of obtaining required work from an alternate source less the amount the DMV would have paid the Contractor to perform the required work.
       
   3. Damages incurred as a result of going without required work in the event that the required work cannot be obtained from an alternate source due to time constraints.
       
   4. Damages incurred as a result of delays in completing work.
       
4. In the event that the DMV terminates this Agreement in the best interest of the DMV, such termination is subject to thirty (30) calendar days written notice to the Contractor.
    
5. Termination of this Agreement shall be effected by delivery of a notice of termination to the Contractor specifying whether termination is for breach of this Agreement by the Contractor or for the best interest of the DMV.  The notice of termination shall specify the date upon which such termination becomes effective.  Unless otherwise directed by the DMV Project Manager, the Contractor shall perform the following as directed by the DMV Project Manager after receipt of the notice of termination:
    
   1. Stop work under this Agreement on the date and to the extent specified in the notice of termination.
      
      OR
       
   2. Complete the work in process as directed by the DMV Project Manager.

1. The parties agree that it will be impractical and extremely difficult to ascertain and determine the actual damages sustained by the DMV in the event that the DMV is required to re-bid the work, go without the required work, or experience delays in receiving completed work.  Therefore:
    

   1. In the event that the DMV terminates this Agreement due to Contractor breach, the DMV shall be entitled to $500.00 as liquidated damages to cover the administrative costs for rebidding the work.

       
   2. In the event that the Contractor fails to perform work on any required working day, and the DMV goes without the required work because the DMV is unable to obtain the work from an alternate source due to time constraints, the DMV shall be entitled to $50.00 per day as liquidated damages.
       
2. In addition to any other remedy available under this Agreement or applicable law, the DMV may recover amounts owed to the DMV by the Contractor as liquidated damages from amounts otherwise owing by DMV to the Contractor by disputing one or more Contractor’s invoices and withholding payment.  In the event that the Contractor incurs any outstanding liquidated damages assessments with the DMV under this Agreement or any other agreement between the DMV and the Contractor, the Contractor may not be awarded any future DMV contracts until the outstanding assessments have been paid to the DMV.

1. The DMV solicitation and all required documents and quotations submitted by the Contractor, pursuant to and prior to execution of this Agreement, are incorporated by reference and made a part of this Agreement. In the event of a conflict between the Agreement language and the language of any document(s) so incorporated, the Agreement language shall prevail.

1. Name Change
    
   1. An amendment to this Agreement is required to change the Contractor’s name as specified in this Agreement.  Upon receipt of legal documentation of a name change, the DMV shall process a formal written amendment to this Agreement to change the Contractor’s name.  Invoices for work/services performed prior to execution of a written amendment to this Agreement for a name change must be submitted under the Contractor’s name as currently specified in this Agreement in order to be paid.
       
2. Assignment
    
   1. This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the DMV in the form of an approved written amendment to this Agreement.  Upon receipt of official documentation justifying an assignment (e.g. certified filing from the California Secretary of State, sales agreement signed by both parties, Notice of Assignment signed by both parties), the DMV may process a formal written amendment to assign this Agreement.  The Contractor must continue to provide all work/services required under this Agreement prior to execution of a written amendment to this Agreement for an assignment.  Invoices for services performed prior to execution of a written amendment to this Agreement for an assignment must be submitted under the assigning Contractor’s name as currently specified in this Agreement in order to be paid.

1. This Agreement is subject to any restrictions, limitations, or conditions enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner.

1. The DMV observes the state holidays identified at website:  http://www.calhr.ca.gov.  Offices will be closed if any holiday falls on or is observed on a weekday, unless otherwise stated.
    
2. In the event that furlough days are implemented, changed, or cancelled at any time throughout the term of this Agreement, the DMV shall notify the Contractor in writing.

1. The DMV reserves the right to bar any Contractor‘s employee from a DMV work site.

1. The DMV may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with other contractors and State employees.

1. The Contractor shall not substitute any subcontractor identified in the Contractor’s bid or add any subcontractor not identified in the Contractor’s bid without prior written approval from the DMV Project Manager.  The Contractor shall submit the names of all subcontractors to be utilized during the term of this Agreement to the DMV Project Manager.
    
2. All subcontractors engaged in work under this Agreement shall be considered as employees of the Contractor. The Contractor shall give personal attention to fulfillment of this Agreement and shall keep the work under the Contractor’s control.  When any subcontractor fails to complete a portion of the work in a manner satisfactory to the DMV, the Contractor shall correct the defective work or materials at no additional cost to the DMV.
    
3. All subcontractors shall possess the appropriate license for the work they perform under this Agreement.
    
4. All subcontractors utilized to perform services under this Agreement shall be covered by the Contractor’s insurance or possess insurance equal to the policies, coverages, and limits required of the Contractor under this Agreement.
    
5. The DMV shall not entertain requests to arbitrate disputes among subcontractors or between the Contractor and subcontractors concerning responsibility of performing any part of the work under this Agreement.  The Contractor is responsible for all work performed under this Agreement.

1. Should any portion of the work done or any materials, articles, or equipment delivered fail to comply with the requirements of this Agreement, such work, materials, articles, or equipment shall be rejected, and shall immediately be made satisfactory to the DMV Project Manager by the Contractor at no additional cost to the DMV. In the event the Contractor fails to take necessary steps to ensure future conformity with the requirements of this Agreement, the DMV shall have the right to:
    
   1. Procure services required by this Agreement and charge the Contractor for the procured services.
      
      AND/OR
       
   2. Terminate this Agreement.

1. Any civil action that arises out of or relates to this Agreement shall be brought in a court of competent jurisdiction of the State of California.

1. Any dispute of fact arising under the terms of this Agreement, which is not resolved within a reasonable period of time as defined by the DMV Project Manager, shall be brought to the attention of the Chief Executive Officer (or designative representative) of each organization for joint resolution.  If an agreement cannot be reached through the application of high-level management attention, either party may assert its rights and remedies under this Agreement.  Notwithstanding this paragraph, the DMV may dispute invoices for purposes of the California Prompt Payment Act (Government Code Chapter 4.5, commencing with Section 927).

    

1. The Contractor shall maintain a satisfactory standard of employee competency, appearance, conduct, and integrity, and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary.

1. The Contractor shall be solely responsible for adhering to any and all local, city, county, state, and federal laws, rules, regulations, and executive orders pertaining to the services required under this Agreement while performing services under this Agreement.

1. In the event the State determines that the Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, this Agreement may be terminated by the DMV.  The DMV shall provide the Contractor advance written notice of such termination, allowing the Contractor at least thirty (30) calendar days to provide a written response.  Termination shall be at the sole discretion of the DMV.

1. During the term of this Agreement, the Contractor must notify the State in writing if their services or any work under this Agreement includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors.  The Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

    

2. At the direction of the State, the Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

    

3. Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the Agreement by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the Agreement. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

    

4. The State reserves the right to amend the Agreement, without additional cost, to incorporate GenAI Special Provisions into the Agreement at its sole discretion and/or terminate any Agreement that presents an unacceptable level of risk to the State.

1. The Contractor shall comply with all applicable health and safety laws and regulations at the Contractor’s own expense.  Upon notice by the DMV, the Contractor shall also comply with the DMV’s specific health and safety requirements and policies.  The Contractor also agrees to include in any subcontract related to the performance of this Agreement, a requirement that the subcontractor comply with all applicable health and safety laws and regulations, and upon notice by the DMV, the DMV’s specific health and safety requirements and policies.

1. The Contractor shall be liable for any damages by the Contractor or his employees to portions of buildings, premises, equipment, furniture, material, or other DMV property. Damage resulting from the services provided shall be repaired or items shall be replaced by the Contractor to the satisfaction of the DMV at no cost to the DMV. Any items lost or stolen while in the Contractor's custody shall be replaced by the Contractor at no cost to the DMV.

    

1. This Agreement may be amended upon mutual written consent by both parties for the following:
     
   1. To extend the term of this Agreement for up to an additional six (6) months under the same terms and the same or lower rates where a protest or other legal action delays the award of a new agreement.
       
   2. To correct incidental or typographical errors.
       
   3. To change the name of the Contractor or assign this Agreement to another contractor as specified within this Agreement.
       
   4. To remove services no longer required due to a change in operations.

1. In the event the Contractor committed to provide DVBE subcontractor participation for this Agreement, the Contractor shall comply with their DVBE subcontractor participation commitment throughout the term of this Agreement.  In the event this Agreement is amended to increase the maximum Agreement amount, the Contractor shall comply with their DVBE subcontractor participation commitment for the additional amount.
    
2. Upon completion of this Agreement, the Contractor shall download from www.dgs.ca.gov, complete, sign, and submit to the DMV with the final invoice for payment at DMVASDSBDVBEADVOCATE@dmv.ca.gov, a Prime Contractor’s Certification - DVBE Subcontracting Report (STD 817) certifying all of the following:
    
   1. The total dollar amount the Contractor received under this Agreement.
       
   2. This Agreement number and the name, address, and certification ID number of all DVBE subcontractors that participated in the performance of this Agreement.
       
   3. The total dollar amount and percentage of this Agreement’s total dollar amount the Contractor committed to each DVBE subcontractor.
       
   4. The total dollar amount the Contractor paid each DVBE subcontractor.
       

   5. That all payments under this Agreement have been made to the DVBE subcontractor(s).

       
   6. The actual percentage of DVBE participation that was achieved.  Upon request, the Contractor shall provide proof of payment for the work.
       
3. The DMV will withhold $10,000.00 (or the full dollar amount if less than $10,000.00) from the final payment, until the Contractor complies with the certification requirements above.  In the event the Contractor fails to comply with the certification requirements above, the Contractor shall be allowed to cure the defect after written notice.  Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of written notice, the Contractor refuses to comply with the certification requirements above, the DMV shall permanently deduct $10,000.00 (or the full dollar amount if less than $10,000.00) from the final payment (Military and Veterans Code Section 999.7).
    
4. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military and Veterans Code Section 999.5; Government Code Section 14841).
    
5. The Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the Military and Veterans Code, including, but not limited to, the requirements of Section 999.5(d).

1. Per Military and Veterans Code Section 999.5, a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS).
    
2. The Contractor’s failure to seek a substitution and adhere to the DVBE participation level identified in the Contractor’s bid (when applicable) may be cause for termination of this Agreement, recovery of damages under rights and remedies due to the DMV, and penalties outlined in Military and Veterans Code Section 999.9; Public Contract Code Section 10115.10, or Public Contract Code Section 4110.

1. To ensure that DVBE participation is applied correctly, all DVBE subcontractor invoices submitted to the Contractor must include this Agreement number.

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Use this checklist to organize your bid. It is not necessary to return this checklist with your bid. In order for your bid to be considered responsive, please complete and submit all required bid documents listed below printed single-sided. Your bid may be deemed non-responsive by the DMV if you fail to complete and submit all required bid documents listed below printed single-sided. 

ITEM & DESCRIPTION

The Respondent must submit their completed Payee Data Record. The Payee Data Record form is available at: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

1. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for state contracts is established in Public Contract Code Section 10115 et seq., Military and Veterans Code Section 999 et seq., and California Code of Regulations, Title 2, Division 2, Chapter 3, Subchapter 10.5, Article 1, Section 1896.60 et seq. 
    
2. Only DVBEs certified by the California Department of General Services (DGS), Office of Small Business and DVBE Services (OSDS), who perform a Commercially Useful Function (CUF) relevant to this solicitation, shall be used to satisfy the DVBE goals.  As defined in Military and Veterans Code Section 999 and California Code of Regulations, Title 2, Division 2, Chapter 3, Subchapter 10.5, Article 2, Section 1896.71, a person or an entity is deemed to perform a CUF if a person or entity does all of the following:
    
   1. Is responsible for the execution of a distinct element of the work of the contract. 
       
   2. Carries out the obligation by actually performing, managing, or supervising the work involved. 
       
   3. Performs work that is normal for its business services and functions. 
       
   4. 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.
       
   5. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. 
       
3. A contractor, subcontractor, or supplier will not be considered to perform a CUF if the contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DVBE participation. 
    
4. Bidder must verify each DVBE subcontractor/supplier certification with DGS/OSDS to ensure DVBE participation eligibility prior to submitting a bid.

1. The DVBE participation requirement has been waived for this solicitation.

1. In accordance with Section 999.5 of the Military and Veterans Code, a bid incentive will be given to bidders who provide DVBE participation.  For evaluation purposes only, the DMV shall apply a bid incentive to bids that propose California certified DVBE participation as identified on ATTACHMENT 4: BIDDER DECLARATION & SUBCONTRACTOR/SUPPLIER LIST.  The bid incentive amount for awards based on lowest bid will vary in conjunction with the percentage of DVBE participation. The following bid incentive percentages will apply:

    

NOTE: The DVBE Participation Incentive cannot displace a direct award to a California certified Small Business or a California certified Micro Business. 

1. For assistance regarding the DVBE participation requirement and/or incentive, please contact the DMV’s DVBE Advocate at (916) 657-8773 regarding this solicitation.  To locate certified DVBEs and obtain additional information regarding the DVBE program, please refer to the DGS/OSDS website at http://www.dgs.ca.gov or contact the DGS/OSDS by telephone at (916) 375-4940.

1. Bidder shall document the DVBE participation commitment by completing and submitting all of the following documents with their bid:
    
   1. ATTACHMENT 4: BIDDER DECLARATION & SUBCONTRACTOR/SUPPLIER LIST included in this solicitation.  Failure to complete and submit the Bidder Declaration & Subcontractor/Supplier List included in this solicitation may render your bid nonresponsive.
       
   2. SECTION 9. DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS included in this Attachment.  Failure to complete and submit the STD 843 included in this Attachment may render your bid non-responsive.
       
   3. SECTION 10. DVBE SUBCONTRACTOR AGREEMENT included in this Attachment.  Bidder shall submit a completed DVBE Subcontractor Agreement for each DVBE subcontractor identified in the bid.  Only the bidder shall fill out this Agreement and either mail, fax, or email the Agreement to the selected DVBE(s) for signature.  Each DVBE Subcontractor Agreement will include: the term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, the percentage of the entire contract amount that will be committed to the DVBE, and the description of services and/or goods to be performed/supplied by the DVBE subcontractor.  If further verification is necessary, the DMV will obtain additional information to verify the above requirements.  Failure to submit a DVBE Subcontractor Agreement for each DVBE subcontractor identified may render your bid non-responsive.
       
   4. Proof of DVBE Certification for each DVBE subcontractor identified on the ATTACHMENT 4: BIDDER DECLARATION & SUBCONTRACTOR/SUPPLIER LIST via a printout from the DGS/OSDS Cal eProcure website. 

1. Bidder understands and agrees that should award of the contract be based in part on a commitment to use the DVBE subcontractor(s) identified in their bid, per Military and Veterans Code Section 999.5, a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS).
    
2. Failure to seek a DVBE substitution when necessary and adhere to the DVBE participation level identified in the bid may be cause for contact termination, recovery of damages under rights and remedies due to the DMV, and penalties outlined in Military and Veterans Code Section 999.9, and Public Contract Code Section 10115.10, or Public Contract Code Section 4110 (applies to public works only).

1. Contractors that make a commitment to achieve DVBE subcontractor participation for a contract shall download from www.dgs.ca.gov, complete, sign, and submit to the DMV with the final invoice for payment, a Prime Contractor’s Certification - DVBE Subcontracting Report (STD 817) certifying all of the following:
    
   1. The total dollar amount the contractor received under the contract. 
       
   2. The Agreement number and the name, address, and certification ID number of all DVBE subcontractors that participated in the performance of the contract. 
       
   3. The total dollar amount and percentage of the contract’s total dollar amount the contractor committed to each DVBE subcontractor. 
       
   4. The total dollar amount the contractor paid each DVBE subcontractor. 
       
   5. That all payments under the contract have been made to the DVBE subcontractor(s). 
       
   6. The actual percentage of DVBE participation that was achieved.  Upon request, the contractor shall provide proof of payment for the work. 
       
2. The DMV will withhold $10,000.00 (or the full dollar amount if less than $10,000.00) from the final payment, until the contractor complies with the certification requirements above.  A contractor that fails to comply with the certification requirements above shall, after written notice, be allowed to cure the defect.  Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of written notice, a contractor refuses to comply with the certification requirements above, the DMV shall permanently deduct $10,000.00 (or the full dollar amount if less than $10,000.00) from the final payment (Military and Veterans Code Section 999.7).
    
3. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military and Veterans Code Section 999.5; Government Code Section 14841).
    
4. A contractor shall comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the Military and Veterans Code, including, but not limited to, the requirements of Section 999.5(d).

1. To ensure that DVBE participation is applied correctly, all DVBE subcontractor invoices submitted to the contractor shall include the contract number.

DVBE Respondents must submit their completed DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS. The DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS form is available at: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

The Respondent must submit their completed California Civil Rights Laws Certification form. The California Civil Rights Laws Certification form is available at: 

https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.pdf

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

Bidder must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors. The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder. 

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder. Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. 

Upon receipt of a Bidder GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.