REQUEST FOR QUALIFICATIONS AND PROPOSALS …€¦ · Science #200 & Gym Bleacher‐ Phase VII 1 ... building and completion of a Gym bleacher replacement project. ... Preconstruction

RFQ – Sept 2017 Science #200 & Gym Bleacher‐ Phase VII 1

REQUEST FOR QUALIFICATIONS AND PROPOSALS FOR PRECONSTRUCTION

SERVICES AND CONSTRUCTION MANAGEMENT AT RISK SERVICES WITH A

GUARANTEED MAXIMUM PRICE

FOR THE

Wasco Union High School District Phase VII Construction Project

Science Building #200 Reconfiguration / Modernization

and Gym Bleacher Replacement Project

Issue Date: September 30, 2017

Response Due Date/Time: October 25, 2017, 4 p.m.

Contact:

Name: Nelly Sanchez Address: 2100 Seventh Street, Wasco, CA 93280 Telephone Number: (661) 438-1559 Email: [email protected]


RFQ/P – Index

1.0 Introduction 2.0 Purpose of RFQ/P 3.0 Project Description and Site Information 4.0 Pricing 5.0 Response to RFQ/P 6.0 Preparing and Packaging SOQ and Proposal 7.0 District Selection Process 8.0 Administrative Requirements

RFQ/P – Attachments

1. Form for Submission of Questions2. Fee Proposal Form3. Owner’s Qualifications Questionnaire4. Draft CM@Risk Agreement

Electronic copy of Working Project Drawings is available to firms interested in submitting a proposal at no cost by contacting Nelly Sanchez at 661-438-1559 or e-mail: [email protected]


1.1 Introduction and Preliminary Statement This Request for Qualifications and Proposals (“RFQ/P”) is the means for interested construction management at risk firms (“Firm(s)”) to submit their Statement of Qualifications (SOQ) and Fee Proposals (“Proposal(s)”) to the Wasco Union High School District (“District”) for the services described herein. The RFQ/P and all related documents and addenda are available in electronic form at http://www.wascouhsd.org The successful proposing Firm will be retained as a consultant to the District. The Firm’s employees will not directly perform the work of construction but will be expected to assist the District with Preconstruction and Construction Management Services as outlined herein and in the CM@Risk Agreement attached hereto. The Firm will not be obligated as a consultant to provide payment or performance bonds or course of construction insurance coverage for the Project. The District will let all Trade Contracts to the lowest responsive responsible bidder. All Trade Contracts awarded in excess of $25,000 will require the Trade Contractor to provide dual obligee Payment and Performance bonds and agree to assignment of the Trade Contract to the Firm selected through completion of the Project. A Guaranteed Maximum Price (“GMP”) will be arrived at utilizing the sum of the direct cost of construction represented by the sum of all Trade Contracts, the Firm’s fee and General Condition costs as stated in response to this RFQ/P and Contingency amounts agreed on by the parties prior to commencement of the Construction Phase. The GMP will be the subject of a written amendment to the CM@Risk Agreement prior to commencement of the Construction Phase. 2.1 Purpose of RFQ/P

a. The District seeks to retain the services of a qualified Firm with expertise in providing CM@Risk services to school districts and similar organizations. The Project phases are the Preconstruction Phase and the Construction Phase. The District hereby solicits SOQs and Fee Proposals to furnish Preconstruction Services and Construction Management @ Risk Services for the Project, subject to the conditions prescribed by this RFQ/P.

b. The selected Firm will apply its expertise to the Project in collaboration with other Project participants to assure a value conscious repurposing and modernization of the #200 Science building and completion of a Gym bleacher replacement project. c. The District intends to award the Project and issue a Notice to Proceed in a timely manner following the selection process indicated herein.

3.1 Project Description and Site Information

a. Science Building #200

i. The Science Building #200 portion of the project consists of reconfiguring and enlarging multiple science laboratories, realigning and adding walkways, seismic retrofitting, and an overall modernization of the building. The finished project will consist of six science laboratories, four classrooms, one lecture room, as well as restrooms and storage rooms. The building square footage is 19,844 and the estimated cost of construction is $6,000,000.

ii. The site development includes but is not limited to site preparation, underground utilities, landscape, hardscape, vehicular drives, and railings. iii. The Project will be insured under an owner’s insurance program provided by the District. The successful Firm will not be required to provide course of construction insurance or payment and performance bonds. The successful Firm will be required to carry CGL, Auto, Professional Liability and Workers Compensation insurance with limits called for in the CM@Risk Agreement of $2 million minimum, or as required by law.


iv. Commissioning. CM@Risk shall perform specific Services during all Phases of the Project to assist, review, coordinate, opine and cooperate with the District; the District’s commissioning authority, other providers of commissioning services for the District, the Architect and all other design professionals of the Project. The project will be commissioned in accordance with the requirements of California Building Code Section 5.410.2.6

b. Gym Bleacher replacement i. The gym bleacher replacement portion of the project consists of replacing the home side retractable bleachers, reinforcing the flooring structure, expanding and refurbishing two restrooms, ADA modifications, asbestos mitigation, and possible gym floor replacement. The estimated cost of construction is $400,000. ii. The Project will be insured under an owner’s insurance program provided by the District. The successful Firm will not be required to provide course of construction insurance or payment and performance bonds. The successful Firm will be required to carry CGL, Auto, Professional Liability and Workers Compensation insurance with limits called for in the CM@Risk Agreement of $2 million minimum, or as required by law. iii. Commissioning. CM@Risk shall perform specific Services during all Phases of the Project to assist, review, coordinate, opine and cooperate with the District; the District’s commissioning authority, other providers of commissioning services for the District, the Architect and all other design professionals of the Project. The project will be commissioned in accordance with the requirements of California Building Code Section 5.410.2.6

c. Estimated Schedule of Work:

i. Estimated Project start and completion dates are set forth below and include time for the District and regulatory reviews or approvals. Actual dates for each phase of the Work will be detailed in the final CM@Risk Agreement.

Preconstruction Plan Phase

Start: 11/13/2017 Complete: 1/25/18

Construction Phase Start: 4/10/12018 Complete: 6/30/2019

4.1 Pricing

a. The District’s current estimate for the Direct Cost of the Work is $6,4000,000.

b. Direct Cost of the Work does not include fixtures, furnishings, and equipment, nor does it include the building’s integrated network. These items will be provided and installed through Owner procurement and coordinated by the CM@Risk. c. The Project includes both preconstruction services and construction services.

i. Preconstruction Services. The procurement method for the Preconstruction Phase of this Project shall be a fixed price proposal.


ii. Construction Services. The procurement method for the Construction Phaseof this Project is commonly known as “Construction Manager at Risk with GuaranteedMaximum Price.”

d. Proposals must include pricing for both preconstruction and construction phases of theProject, as indicated in the Fee Proposal attached hereto as Attachment 3.

5.1 Response to RFQ/P

a. SOQs and Proposals must conform to the District requirements provided herein.

b. Interested Firms must hold and maintain a valid Class B General Contractor Licenseissued by the State of California as well as be registered as a public works contractor with theDepartment of Industrial Relations at all times. Firm shall notify the District in writing in the eventFirm’s license or registration expires, is suspended or has a change in signatory authority.

c. The District will contract with one Firm and that Firm may not self-perform constructionwork or bid on Trade Contracts or subcontractor bid packages.

d. In order to be considered, SOQs and Fee Proposals must be submitted to the District inwritten form, no later than the time and date indicated in “SOQ & Proposal Due Date and Time”set forth in the Schedule of Events below. Firms must ensure compliance with the dates, timesand processes set forth in the Schedule of Events.

Schedule of Events

No. Events Dates and Times

1 Deadline for submission of Firm’s requests for clarifications re: the RFQ/P and non-binding email of intent to respond

4 p.m., October 19, 2017

2 Clarifications, modifications and answers to questions posted at www.wascouhsd.org

4 p.m., October 24, 2017

3 SOQ and Proposal Due Date and Time 4 p.m., October 25, 2017

4 Short listed Firms posted on www.wascouhsd.org Week of October 30, 2017

5 Interviews of short-listed firms at District Office (if needed)

Week of October 30, 2017

6 Posting of intent to award on www.wascouhsd.org Week of N o v e m b e r 6 ,2 0 1 7 (estimated)

e. SOQs and Price Proposals must be received by:

Wasco Union High School DistrictAttention: Nelly Sanchez2100 Seventh StreetWasco, CA 93280

SOQs and Proposals submitted via email will NOT be considered.


f. Firms assume all risk for ensuring receipt no later than the date and time specified in the Schedule of Events. The District is not responsible for the failure of a Firm’s choice of delivery service/method. The District will not open and will return any SOQ and Fee Proposal received after the date and time specified in the Schedule of Events. g. Changes to Process for Submitting SOQ and Price Proposal and Schedule of Events. The RFQ/P and Schedule of Events are subject to change. The District will not send notifications of changes to this RFQ/P or the Schedule of Events to prospective Firms. The District is not responsible for failure of any Firm to receive notification of changes in a timely manner. Firms are advised to visit the District website @ www.wascouhsd.org frequently to check for changes and updates to the RFQ/P and the Schedule of Events.

h. Pre-Submittal Actions and Events. Firms shall submit the following according to the specified timelines in order to participate in this process.

i. Optional: Send Email Intent to Respond. Firms that intend to respond to this RFQ/P may notify the District by sending an email to Nelly Sanchez with the RFQ/P name and Phase number and Firm name in the subject line. Firm’s Intent to Respond should include the name, address, telephone, fax number, and e-mail address and contact person for the Firm. Firms are strongly encouraged to submit an Intent to Respond to assist the District in managing the RFQ/P process.

6.1 Preparing and Packaging SOQ and Proposal

a. SOQs and Proposals should provide straightforward and concise information that fulfill the requirements of the RFQ/P. Emphasis should be placed on brevity, conformity to the District’s instructions, RFQ/P selection criteria, and completeness and clarity of content. b. SOQs should be organized using tab dividers as indicated below. c. Expensive binding or elaborate displays are discouraged. d. Except as noted, attachments will not be accepted. e. Firm shall submit the following in a sealed envelope clearly marked “SOQ & PRICE PROPOSAL – Firm Name, Project Name and Phase number”

i. Five (5) copies, in paper form, of the Firm’s Cover Letter and SOQ; ii. Five (5) copies, in paper form, of Firm’s Price Proposal in a separately sealed smaller envelope clearly marked “PRICE PROPOSAL – Firm name, Project Name, RFQ/P Number”; and iii. One (1) compact disk or flash drive containing the Firm’s complete SOQ and Price Proposal.

f. SOQ Form:

Tab 1 Cover Letter Indicate your Firm’s ability to begin work in the Preconstruction Phase; Confirm that your Firm has read and understands the requirements of RFQ/P and agrees to all terms stated in the CM@Risk Agreement;


Tab 2 Firm Identification Provide the information required by the Owner’s Qualification Questionnaire Items 1 to 16 Tab 3 Resumes of Key Personnel Staff/Roster Functions: List all members of your staff who will be assigned or responsible for work as a team member on this project (except clerical) and show job titles, functions, years with firm and projects completed for company. Include company officers, responsible managing employee (RME), project manager and superintendent. Provide the following information for each individual (copy this page as many times as required). Provide an organizational chart reflecting your proposed project team for the project, including all persons on your project team.

Tab 4 Example Projects Provide example projects which best illustrate the Firm’s qualifications for this RFQ/P (i.e., references): Provide a maximum of six (6) total example projects.

Each example project listed must have been completed within the past five (5) years and have a construction cost over $ 5M. List projects in chronological order, with the most recently completed project listed first. List at least two (2) projects completed by Firm in the last five (5) years for which the Firm provided pre-construction services and then constructed the project or acted as Construction Manager for the project. For these projects, demonstrate experience in value engineering; construction estimating; and constructability review during the design phase; and delineating subcontractor scopes of work with no overlap or gaps between bid packages. List at least two (2) projects that demonstrate the Firm’s key individuals’ ability to act as a CM@ Risk with a GMP managing multiple subcontractors consistent with the type, size and complexity of this Project. Include samples of pre-bid and post-construction schedules prepared by Firm for those projects. Example projects must be relevant to California schools or buildings of similar complexity and budget and demonstrate Firm’s ability and experience to successfully plan and complete the project.

Include the following information for each example project listed: (a) Name of example project and location; (b) Owner of example project; (c) Total value of construction (include contract award amount and total change orders); (d) Completion date; (e) Owner reference (include name, current phone number, and fax number); and (f) Project description. Names and references must be current and verifiable.

Tab 5 Additional Information: Proposed Approach Provide a Project Plan for performing the services and activities required for the Project. The Project Plan must not exceed ten (10) pages and must be signed by an authorized representative of the Firm. The Firm must provide information on its proposed approach to the Project, including, Firm’s strategies for feasibility studies, Project planning, quality control, anticipation and resolution of issues throughout the Project, Firm’s methodology for coordination and issue tracking, as well as any other information the Firm feels is pertinent. Firm should show examples of between-trade coordination efforts undertaken. Use of BIM and the level of detail used in that coordination method are of interest to the District. Firm should include examples of successfully meeting tight construction schedules and recovery schedules. Indicate approach to managing Trade Contractors and subcontractors. Firm should indicate method used and give examples of coordination of low-voltage system installation, as well as system commissioning.


Tab 6 Supporting Documentation: Safety Record Provide (1) a description of Firm’s Project safety and security program, and(2) description of Firm’s ability to comply with the safety requirements of the CM@RiskAgreement.

Tab 7 Certifications Certify and confirm, under penalty of perjury, the following:

NLRB Orders. That no more than one (1) final, unappealable finding of contemptof court by a federal court has been issued against Firm within the immediatelypreceding two (2) year period because of Firm’s failure to comply with an order of theNational Labor Relations Board.

Prohibited Financial Conflict of Interest. Firm has no interest and shall notacquire any interest which would present a conflict of interest with the District pursuantto California Government Code sections 1090 et seq. and 87100 et seq. Firm furthercertifies that, to the best of its knowledge after due inquiry, no employees or agents ofthe District are now, nor in the future will they be, in any manner interested directly orindirectly in the CM@Risk Agreement, or in any profits expected to arise from CM@RiskAgreement, as set forth in California Government Code sections 1090 et seq. and 87100et seq. Covenant against Gratuities. No gratuities, in the form of entertainment, gifts, orotherwise, were offered by Firm or any agent, director, or representative of Firm, to anyofficer, official, agent, or employee of the District with a view toward securing theCM@Risk Agreement or securing favorable treatment with respect to anydeterminations concerning the performance of the CM@ Risk Agreement.

Tab 8 Outreach Provide information about your Firm’s plan to advertise and perform outreach toencourage participation of local Trade Contractors, subcontractors and vendors in providingbids to the District, including state certified disabled veteran business enterprises on theProject.

Tab 9 General Contractor License and DIR Registration Provide a copy of Firm’s Class B California General Contractor License and evidence ofcurrent DIR registration required to perform public works construction in the state ofCalifornia.

Tab 10 Financial Information Provide one original (preferred) or copy of Firm’s audited and/or reviewed alreadypublished financial statements for two (2) annual periods preceding the SOQ & PriceProposal Due Date. The statements shall be the Firm’s and in the same legal name as thatin which Firm intends to do business with the District. The statements shall not be in thename of parent organizations. Do not include other subsidiaries.

7.1 Selection Process and Conditions of Award

a. All proposals will be subjectively evaluated on the following criteria:

i. Qualifications and availability of the firm to perform the anticipated servicesdescribed;

ii. Qualifications and availability of the proposed team members to perform theanticipated services described;


iii. Previous references and relevant experience with projects of similar size and function;

iv. Understanding of the current project scope and requirements;

v. Price;

vi. All material submitted;

vii. Any other information desired by or received by Owner.

a. At the election of Owner, a short-list of the top firms may be generated, and Owner may invite the short-listed respondents to make an oral presentation to Owner’s Board or evaluation committee before reaching a final selection. After review of the proposals, and receipt of presentations, if elected by Owner, the firm(s) deemed to best meet the needs of Owner will be contacted.

b. Upon final selection, the Construction Management Contract will be processed by Owner

for award of contract.

c. Owner reserves the right to delay the selection process, withdraw the RFQ, and/or cancel

the Project.

d. This solicitation does not commit Owner to pay any costs in the preparation or presentation of a submittal.

e. Submitting firms or their agents shall not make any personal contacts with any member of

Owner's board of trustees or other governing body prior to selection and award of a contract for this work.

f. Conflict of Interest: Proposing firms shall have read and shall be aware of the provisions of

Section 1090, et seq. and Section 87100, et seq. of the Government Code relating to conflict of interest of public officers and employees. No officer or employee of Owner or member of its governing body shall have any pecuniary interest direct or indirect, in the resulting agreement or the proceeds thereof.

g. The Firm awarded the contract shall be prepared to commence Work on the Preconstruction Phase of the Project following execution of the CM@ Risk Agreement and within 10 days of receipt of a Notice to Proceed.

h. In the event an agreement cannot be reached with the selected Firm after a reasonable

amount of time as determined solely by the District, the District may choose to enter into negotiations with the next highest-ranked Firm.

8.1 Administrative Requirements a. Disabled Veteran Participation Goals

i. The District has a contract participation goal of a minimum of three (3) percent for disabled veteran business enterprises (DVBEs). The District will require the selected Firm to demonstrate DVBE compliance. The selected Firm may complete a DVBE Good Faith Effort (“GFE”) Form to document its efforts. The Firm may at any time update its GFE Form to reflect any DVBEs that take part in any Phase of the Project. ii. The GFE Form is attached as an Exhibit to the CM@Risk Agreement.


b. Public Access to Records. Records created as part of Firm’s Proposal and selectionprocess are generally available to the public absent an exemption. If a Firm’s SOQ or Price Proposalcontains material noted or marked as confidential and/or proprietary that, in the District’s soleopinion, meets the disclosure exemption requirements of the California Public Records Act(“CPRA”), that information will not be disclosed pursuant to a request for records. If the District doesnot consider such material to be exempt from disclosure under the CPRA, the material will be madeavailable to the public, regardless of the notation or markings. If a Firm is unsure if the informationcontained in its SOQ or Price Proposal is confidential and/or proprietary, it should obtain a decisionof the District prior to including the information in its SOQ and Price Proposal. A firm thatindiscriminately identifies all or most of its SOQ or Price Proposal as exempt from disclosure howevermay be deemed non-responsive.

c. Errors in the RFQ/P

i. If Firm discovers any ambiguity, conflict, discrepancy, omission, or other error in thisRFQ/P, Firm shall immediately provide the District with written notice and request that theRFQ/P be clarified or modified. Without disclosing the source of the request, the Districtmay modify the RFQ/P prior to the date fixed for submission of SOQ and Price Proposalsby issuing an addendum and posting it to its website.

ii. If prior to the date fixed for submission of SOQs and Price Proposals, Firm knowsof or should have known of an error in the RFQ/P and fails to notify the District of the error,Firm shall submit its SOQ and Price Proposal at its own risk, and if Firm is awarded thecontract it shall not be entitled to additional compensation or time by reason of the error orits later correction.

d. Addenda: The District may modify the RFQ/P prior to the date fixed for submission of SOQsand Price Proposals by posting an addendum on the District website. If Firm determines that anaddendum unnecessarily restricts its ability to submit its Proposal, it must notify the District no laterthan two (2) business days following the addendum posting.

e. Withdrawal and Resubmission/Modification of Proposals: Firm may withdraw itsProposal at any time prior to the deadline for submitting Proposals by notifying the District in writingof its withdrawal. The notice must be signed by Firm. Firm may thereafter submit a new or modifiedProposal, provided that it is received at the District no later than the Proposal due date and timelisted in this RFQ/P. Modifications offered in any other manner, oral or written, will not be considered.Proposals cannot be changed or withdrawn after the proposal due date and time listed in this RFQ/P.

f. Rejection of Proposals: The District may reject any or all Proposals and may or may notwaive an immaterial deviation or defect in a Proposal. The District’s waiver of an immaterial deviationor defect shall in no way modify the RFQ/P or excuse Firm from full compliance with the RFQ/Pspecifications. The District reserves the right to accept or reject any or all of the items in theProposal, to award the contract in whole or in part and/or negotiate any or all items with individualFirm if it is deemed in the District’s best interest. Moreover, the District reserves the right to makeno selection if Proposals are deemed to be outside the fiscal constraint or against the best interestof the District.

g. Award of Contract

i. Award of a contract, if made, will be in accordance with the RFQ/P to a responsibleFirm submitting a Proposal compliant with all the requirements of the RFQ/P and anyaddenda thereto, except for such immaterial defects as may be waived by the District.

ii. The District reserves the right to determine the suitability of Proposals for contractson the basis of Firm meeting administrative requirements, technical requirements, itsassessment of the quality of service and performance of items proposed, and cost.


h. Protest Procedure

i. General. Firm’s failure to comply with the protest procedures set forth in thisSection will render a protest inadequate and non-responsive and will result in rejection of theprotest.

ii. Prior to Submission of Proposal. An interested party that is an actual orprospective Firm with a direct economic interest in the RFQ/P may file a protest based onallegedly restrictive or defective specifications or other improprieties in the RFQ/P process.Such protest must be received prior to the Proposal Closing Time. The protestor shall haveexhausted all administrative remedies discussed herein prior to submitting the protest.Failure to comply with this Procedure shall be grounds for denying the protest.

iii. After Award

(a) A Firm submitting a Proposal may protest the award based on allegationsof improprieties occurring during the proposal evaluation or award period if it meetsall of the following conditions:

1. The Firm has submitted a Proposal that it believes to be responsiveto the RFQ/P document;

2. The Firm believes that its Proposal meets the administrative andtechnical requirements of the RFQ/P, proposes services of proven qualityand performance, and offers a competitive cost; and

3. The Firm believes the District has incorrectly selected another Firmsubmitting a proposal for an award.

(b) Protest must be received no later than two (2) business days after theprotesting party receives notice that the District did not award it the contract.

iv. Form of Protest

(a) The protest must be in writing and sent by certified or registered mail, orovernight delivery service (with proof of delivery), or delivered personally to theaddress noted above. If the protest is hand-delivered, a receipt must be requested.

(b) The protest shall include the name, address, telephone and facsimilenumbers, and email address of the protesting party or their representative.

(c) The title of the RFQ/P document under which the protest is submitted shallbe included.

(d) A detailed description of the specific legal and factual grounds of protestand any supporting documentation shall be included.

(e) The specific ruling or relief requested must be stated.

(f) At its discretion, the District may make a decision regarding the protestwithout requesting further information or documents from the protestor. Therefore,the initial protest submittal must include all grounds for the protest and all evidenceavailable at the time the protest is submitted. If the protestor later raises newgrounds or evidence that was not included in the initial protest but which could havebeen raised at that time, the District will not consider such new grounds or newevidence.


v. Determination of Protest Submitted Prior to Submission of Proposal. Uponreceipt of a timely and proper protest, the District will provide a written determination to theprotestor prior to the Proposal Due Date. If required, the District may extend the ProposalDue Date to allow for a reasonable time to review the protest. If the protesting party electsto appeal the decision, the protesting party will follow the appeals process outlined belowand the District, at its sole discretion, may elect to withhold the contract award until theprotest is resolved or denied, or proceed with the award and implementation of the contract.

vi. Determination of Protest Submitted After Submission of Proposal. Uponreceipt of a timely and proper protest, the District will investigate the protest and provide awritten response to the Firm within a reasonable time. If the District requires additional timeto review the protest and is not able to provide a response within ten (10) business days, theDistrict will notify the Firm. If the protesting party elects to appeal the decision, the protestingparty will follow the appeals process outlined below. At its sole discretion, the District mayelect to withhold the contract award until the protest is resolved or denied, or proceed withthe award and implementation of the contract.

vii. Appeals Process. The District’s decision shall be considered the final action bythe District unless the protesting party thereafter seeks an appeal of the decision by filing arequest for appeal, within ten (10) calendar days of the issuance of the District’s decision.

(a) The justification for appeal is specifically limited to:

1. Facts and/or information related to the protest, as previouslysubmitted, that were not available at the time the protest was originallysubmitted;

2. The District’s decision contained errors of fact, and such errors offact were significant and material factors in the District’s decision; or

3. The District’s decision was in error of law or regulation.

(b) Firm’s request for appeal shall include:

1. The name, address, telephone and facsimile numbers, and emailaddress of the Firm filing the appeal or their representative;

2. A copy of the District’s decision;

3. The legal and factual basis for the appeal; and

4. The ruling or relief requested.

(c) Upon receipt of a request for appeal, the District will review the request andthe decision and shall issue a final determination. The decision shall constitute thefinal action of the District.

viii. Protest Remedies. If the protest is upheld, the District will consider allcircumstances surrounding the RFQ/P in its decision for a fair and reasonable remedy,including the seriousness of the RFQ/P deficiency, the degree of prejudice to the protestingparty or to the integrity of the competitive process, the good faith efforts of the parties, theextent of performance, the cost to the District, the urgency of the procurement, and theimpact of the recommendation(s) on the District. The District may recommend, but notlimited to any of the following:

(a) Terminate the awarded contract for convenience;

(b) Re-solicit the requirement;


(c) Issue a new RFQ/P;

(d) Refrain from exercising options to extend the term under the contract, if applicable;

(e) Award a contract consistent with statute or regulation; or (f) Any other remedies as may be required to promote compliance.

ix. Disposition of Materials. All materials submitted in response to this RFQ/P will become the property of the District and will not be returned.

ATTACHMENT 1

Form for Submission of Questions

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ATTACHMENT 2

FEE PROPOSAL

The undersigned construction management at risk firm (“Firm”) hereby offers, in the amounts stated below, to furnish all services for Phases identified and to furnish the labor, materials, tools, equipment, apparatus, facilities, transportation, and permits for the construction of the above-referenced project (“Project”) in accordance with the provisions of the RFQ/P and its Attachments, the Agreement and Exhibits and appendices to these documents, and to the satisfaction of the District.

Firm shall complete the information in the following table.

Services Pricing Basis Price Submitted PRECONSTRUCTION PHASE: Services provided during the Preconstruction Phase as specified in the Agreement

FIXED PRICE TO COMPLETE THIS PHASE

$________________*

CONSTRUCTION PHASE: 1. CM@Risk’s Fee (Including all profit and overhead), which

is stated as a dollar amount but which is determined as a percentage of the Direct Cost of the Work.

This does not include the direct cost of construction (Direct Cost of the Work), but shall cover all the CM@Risk’s costs associated with providing its Services (excluding General Conditions) during the Construction Phase. **

The Direct Cost of the Work will be adjusted per the final total of direct costs as agreed by the District and the successful respondent prior to the Construction Phase.

2. CM@Risk’s General Conditions in its performance of the Work

This includes labor costs, equipment costs, materials costs, insurance costs, bond costs, etc.

CM@Risk must provide with its Fee Proposal a completed CM@Risk’s General Conditions Table in the form included herein.

Price as percentage (Expressed as a percent of the Direct Cost of the Work.)

FIXED PRICE FOR CMR’s GENERAL CONDITIONS> (assume 12 month build time)

Price in dollars (Multiply the percent at left by the District’s Estimated Direct Cost of the Work in the RFQ/P

$_________________

$_________________

Total Price for Services (Sum of ALL dollar figures in last column)

$_________________

* The price for the Preconstruction Phase, and the CM@Risk’s General Conditions in its performance of the Work shall be inclusive of all of CM@Risk’s profit and all costs expended in pursuit of performing the Services applicable to those Phases, including but not limited to any materials, payroll, overhead and administrative costs, travel and living expenses, licenses, insurance, incidentals, and any other fees or expenses expended or incurred when necessary for the performance of the Services specified in the Agreement applicable to each item. ** CM@Risk’s fee for the services during the Construction Phase shall be inclusive of all CM@Risk’s profit, overhead, administrative costs and all price risk assumed in guaranteeing the GMP in pursuit of performing Construction Phase Services for the Project applicable to the Construction Phase and in the final approved Construction Documents. A. The above amounts are to be stated in figures only and are the total amounts proposed for the entire Contract Work. Any

alteration, erasure, or change must be clearly indicated and initialed by Firm. B. In the event of any error in this Fee Proposal, the individual fee percentages will prevail. C. Firm agrees that the above fees will be held until award of the Construction Phase. D. Once the Construction Phase award and GMP are established, all Change Orders shall be processed based upon

the percentages set forth in the Change order provisions in the General Conditions.

E. A Project Contingency as a percentage of construction cost will be provided as indicated in the Contract Documents, but is not to be included in the Fee Proposal.

F. The District estimated construction schedule is 14 months concluding in December, 2017.

G. This Fee Proposal is subject to the provisions of the RFQ/P and its Attachments, the Agreement and its Exhibits, and

the appendices to these documents. H. It is anticipated that the successful Firm will be authorized to begin services within one (1) to two (2) weeks after award

of the Contract. I. This Fee Proposal Form must be completely filled out and in a sealed envelope, and delivered to the location listed

in RFQ/P, or it will be disregarded. J. No bid bond or other security is required for this Project. However, when awarded the Construction Phase portion of

the Project will.

K. ACKNOWLEDGE EACH ADDENDUM RECEIVED:

Dated this day of 20

Name of Firm:

Signed by:

Title of Person Signing:

CM@Risk’s General Conditions Table

CM@Risk shall only price the following items as indicated as part of the CM@Risk’s General Conditions in its performance of the Work

• If CM@Risk intends to include additional items or price items in a different category than indicated below, CM@Risk

shall first obtain District’s approval and add approved items under the category Other. • This table is not intended to be an exhaustive list of all components of the Project that the CM@Risk must perform to

provide a complete Project to the District.

Project (On Site Jobsite Staff)

CM@Risk’s General Conditions in its

Performance of the Work

Direct Cost of Work

Operations Manager X Project Manager X Project Superintendent X Project Engineer X Scheduling Engineer X Field Engineer X Draftsman/Detailer X Record Drawings X Field Accountant X Time Keeper/Checker X Secretarial/Clerk Typist X Safety &. E.E.O. officer X Runner/Water Boy X

Temporary Utilities

Telephone Installation X Telephone Monthly Charges X Elect Power Installation X Elect Power Dist. Wiring X Elect Power Monthly Charges X Water Service - Installation X Water Service - Monthly Costs X Heating & Cooling Costs X Light Bulbs & Misc. Supplies X Clean-Up-Periodical X Dump Permits and Fees X Recycling/Trash Dumpster Removal/Hauling X Flagger/Traffic Control X Dust Control X

Temporary Facilities CM@Risk’s General Conditions in its

Performance of the Work Direct Cost of Work

Office Trailer/Rental X Storage Trailer & Tool Shed Rental X Office Furniture/Equip/Computers X Xerox Copies/Misc Printing X Postage/UPS/FedEx X Project Photographs X Temporary Toilets X Project Sign X Temporary Fencing/Enclosures X Covered Walkways X Barricades X Temporary Stairs X Opening Protection X Safety Railing & Nets X Drinking Water/Cooler/Cup X Safety/First Aid Supplies X Fire Fighting Equipment X Security Guards X Watchman Service X

Miscellaneous Project Costs Printing - Drawings & Specifications X Facility Operator/Training X Safety Inspections X Other

TOTAL Monthly Charges $_______________ TOTAL One Time Charges $_______________

End of Fee Proposal

Attachment 3

____________________________________________________________ “OWNER”

QUALIFICATIONS QUESTIONNAIRE

The prospective CM@Risk shall furnish all the following information accurately and completely. Additional sheets may be attached if necessary. "You" or "your" as used in this document refers to the CM@Risk's firm and any of its owners, officers, directors, shareholders, parties or principals. Owner reserves the right to request additional information depending on the Project.

- WARNING - Failure to fully and truthfully complete this form will result in the failure to qualify and the rejection of any proposal submitted. Certain information provided may lead to rejection of the proposal. (1) Identifying Information: Firm name and address: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Telephone Number: __________________________________ Facsimile Number: __________________________________ Email Address: __________________________________

Type of firm: (check one) Individual ____ Partnership ____ Corporation ____ Limited Liability Company ___ Other (Describe)

__________________________________________________________________ (2) Names and titles of all principals of the firm:

(3) Have you or any of your principals ever performed services as part of a different entity? Response must include information pertaining to principals' associations outside of the firm making this proposal. If Yes, give name and address of other entities. (4) Number of years as CM@Risk/Firm. Include only years with the current entity, in its current form: ______ Years (5) Years of experience your firm has in public entity work: For all public entities: ________ For public schools: ________ (6) Give the public entity’s name, telephone number and the name of the contact person for the three largest public works projects, performed for a public entity other than a school/college/university, that you have completed within the last five (5) years: Add additional sheets as necessary. (7) List of References: Provide information on the three largest projects performed for a public school, college or university within the last five (5) years. Contract 1. Name : __________________________________________________ Address and Telephone:______________________________________________ __________________________________________________________________ Contact Person:_____________________________________________________ Type of Project:_____________________________________________________ Dates of commencement and completion of Project: ________________________ __________________________________________________________________ Contract Amount:____________________________________________________ DSA or public agency inspector:________________________________________ Inspector’s Address and Telephone:_____________________________________ __________________________________________________________________ Contract 2. Name : __________________________________________________ Address and Telephone:______________________________________________ __________________________________________________________________ Contact Person:_____________________________________________________ Type of Project:_____________________________________________________ Dates of commencement and completion of Project: ________________________ __________________________________________________________________ Contract Amount:____________________________________________________ DSA or public agency inspector:________________________________________ Inspector’s Address and Telephone:_____________________________________ __________________________________________________________________ Contract 3. Name : __________________________________________________ Address and Telephone:______________________________________________ __________________________________________________________________

Contact Person:_____________________________________________________ Type of Project:_____________________________________________________ Dates of commencement and completion of Project: ________________________ __________________________________________________________________ Contract Amount:____________________________________________________ DSA or public agency inspector:________________________________________ Inspector’s Address and Telephone:_____________________________________ __________________________________________________________________ (8) Has your firm or any of its principals defaulted so as to cause a loss to an insurance carrier within the last five (5) years? Response must include information pertaining to principals' associations outside of the firm making this proposal. _______. If the answer is "Yes," give dates, names and address of carrier and details. (9) Have you or any of your principals failed to timely complete a project in the past five (5) years? Response must include information pertaining to principals' associations outside of the firm making this proposal. ________. If Yes, explain: (10) Have you or any of your principals been in litigation or arbitration or dispute of any kind on a question or questions relating to a public construction project during the past five (5) years? Response must include information pertaining to principals' association outside of the firm making this proposal. _______. If Yes, provide the name of the public agency and details of the dispute. Add additional pages as required. (11) Have you or any of your principals ever failed to complete a project in the last five (5) years? Response must include information pertaining to principals' association outside of the firm making this proposal. ______. If so, provide owner's name and address and details regarding the failure to complete the project. Add additional pages as required.

(12) Have you or any of your principals been assessed back-charges on any public works construction project within the last five (5) years? Response must include information pertaining to principals' association outside of the firm making this proposal. ______. If so, explain, including the identity of the public entity, the basis for their claims, and the final result. Add additional sheets as necessary. (13) Conflicts of Interest: Do you now have, or have you had within the last five (5) years, any direct or indirect business, financial or other connection with any official, employee or consultant of the Owner? _____. If so, describe. Add additional pages as required. (14) Have you or any of your principals, within the last five (5) years, filed a claim for additional compensation from a public entity? If so, explain, including the identity of the public entity, the basis for the claim, the response by the public entity, and the final result.______. Add additional sheets as necessary. (15) Have you our any of your principals ever failed to qualify, or been deemed unqualified on any public works construction project within the last five (5) years? If so, explain, including the identity of the public entity, the basis for their claims, and the final result. _______. Add additional sheets as necessary.

(16) Insurance: Indicate the names of all errors and omissions insurance companies utilized by you in the last five (5) years. Attach additional sheets if required. __________________________________________________________________ Carrier Name & Address Period Covered ____________________________________________________ __________________________________________________________________ Carrier Name & Address Period Covered _____________________________________________________ __________________________________________________________________ Carrier Name & Address Period Covered ____________________________________________________ I certify and declare under penalty of perjury under the laws of the State of California that the foregoing information is true, correct and complete. Executed this ____ day of ___________, 20___, at ________________________ _____________________ (City, County), State of _____________________________. __________________________________ Signature __________________________________ Print Name __________________________________ Title

REQUEST FOR PROPOSALS NO. SEPTEMBER 2017 CONSTRUCTION MANAGEMENT AT-RISK

SERVICES

CONSTRUCTION MANAGEMENT

AT-RISKSERVICES AGREEMENT

CM at Risk Agreement

l

CONSTRUCTION MANAGEMENT AT-RISK SERVICES AGREEMENT

This Construction Management Services Agreement ("Agreement") is made and entered

into between the WASCO UNION HIGH SCHOOL DISTRICT (hereinafter "District") and _________ (hereinafter referred to as "Construction Manager") for construction managementservices to be performed in an "at-risk" capacity, while serving as an agent of District to facilitate cost effective and complete design, thorough packaging of complete scopes of work for each separate trade involved, and management of separate trade contracts awarded after public bidding, to ensure timely completion of all work for an agreed price, for the "Construction Manager At-Risk"

construction project delivery method for work on the WASCO UNION HIGH SCHOOL -

SCIENCE BUILDING #200 RECONFIGURATION/MODERNIZATION AND GYM

BLEACHER REPLACEMENT- PHASE VII ("Project"), located at 1900 Seventh Street, Wasco, CA 93280

RECITALS

WHEREAS, the District owns a parcel of land located at 1900 Seventh Street, in the City of Wasco, California, where the District intends to Reconfigure/Modernize the Science Building #200 and Replace the Gym Bleachers Phase VII;

WHEREAS, District and Construction Manager intend that Construction Manager will

facilitate, coordinate, and manage construction of the Project through thorough packaging of complete scopes of work for each separate trade involved, and management of separate trade contracts awarded after public bidding, to ensure timely completion of all work in accordance with

Construction Manager's preliminary budget set forth herein at Exhibit A;

WHEREAS, Construction Manager will provide a proposed guaranteed maximum price for construction of the Project ("GMP") as defined in Article 3 hereof;

WHEREAS, District and Construction Manager contemplate and intend that each and all of the Trade Contracts publicly bid and awarded by the District shall be assigned from the District to Construction Manager, following execution of this Agreement, and a copy of the Assignment Agreement to be entered into between District, Construction Manager, and each Trade Contractor is

attached hereto as Exhibit B; and,

WHEREAS, District desires to receive, and Construction Manager desires to provide a guaranteed date for completion of the Project, and Construction Manager therefore does guarantee completion of the Project on or before [ ] subject to adjustment pursuant to the Contract Documents.

NOW, THEREFORE, based upon the covenants and conditions set forth herein and the payments provided herein, the parties agree as follows:

CM at Risk Agreement 2

1.3.17. Construction and Scope Interface Contingencies. Within the Project Budget the District shall maintain and control the Project's Construction Contingency and the Scope Interface Contingency.

The Construction Contingency can be used for documented constmction-related change , but prior to District authorization, proposed change orders ("PCO") shall be classified and tracked in one or more of the following categories: design error , design omission , unforeseen site conditions, agency related changes/requirements and owner initiatedchanges.

The Scope Interface Contingency can only be used for cope(s) of work required to complete the Project hown in the Contract Documents, but left undefined between the Bid Package de criptions. The undefined scope shall be quantified, priced and pre ented to the Di trict for approval before awarding the work to a trade. Conversely, if scope(s) of work required to complete the Project hown in the Contract Documents have been shown in two or more Bid Package descriptions, a deductive change order shall be written that represents the amount of work "doubled up," which shall be placed back into the Scope Interface Contingency account.

At the conclusion of the Project, all unused portions of the Construction Contingency and the Scope Interface Contingency shall be returned to the District via deductive Change Order.

1.3 .18. Change Order Reports. Construction Manager shall not i sue instructions to Trade Contractors for changes in the work which are contrary to the District and Architect's approval. Any such communication between the Construction Manager and the Trade Contractor hall not in any way be construed as binding on District. Construction Manager shall prepare and distribute change order reports on a monthly ba is throughout the Construction Services Pha e. This report will provide information pertaining to proposed and executed change orders and their effect on the Price and Master Construction Schedule as of the date of the report.

1.3.19. Trade Contractor Claims. Construction Manager shall be given copies of all notices of claims made by Trade Contractors for any alleged cause. All claim submitted by Trade Contractors to the Construction Manager shall be accompanied by a claim certification, pursuant to the California False Claims Act, Government Code sections 12650, et seq. Con truction Manager acknowledges that it has read and is familiar with the provisions of the False Claim Act (California Gov. Code §12650 et seq.). Subrnis ion by Construction Manager of any claim (as the term "claim" is defined in False Claims Act) to the Di trict in connection with the Project, whether on its behalf or on behalf of a Trade Contractor or material supplier, shall constitute a repre entation by Construction Manager to the District that submission of the claim does not, to Con truction Manager's knowledge, violate the False Claims Act. Any party

with an interest in the claim, including the Construction Manager, Trade Contractor and/or anymaterial supplier, shall certify under penalty of perjury the validity and accuracy of any claimsubmitted to the District. Compliance with this claims certification requirement shall be acondition precedent to any obligation Di trict might otherwise have to review the claim, andfailure to provide such certification shall constitute a waiver of the claim. Excepting those claimsfor which Con truction Manager is responsible, Construction Manager's obligations pursuant to

CM at Risk Agreement

15

(b) Change orders initiated by District or DSA;

(c) Change orders relating to subsurface conditions if such condition is an unknownphysical condition at the Project Site, or different materially from those identifiedin the Contract Documents as long as Construction Manager gives District thirty(30) days written notice from discovery of the unknown physical condition andprior to any additional work relating to the previously unknown physicalcondition;

(d) Change orders relating to errors, omissions, inconsistencies, and conflictinginformation in the Construction Documents; and,

(e) Change Orders arising from State and/or local agency required changes that wereunknown or unforeseen by the Architect.

3.11.4. Change Order Budgets. Construction Manager shall, contemporaneous with establishing the Price, propose anticipated budgets for the items addressed in Articles 3 .11.1, 3 .11.2, and 3 .11.3 to be carried outside of the GMP by District.

ARTICLE 4: BASIS OF COMPENSATION AND PAYMENT,

District shall compensate Construction Manager for the services required hereunder, as follows:

4.1. Preconstruction and Bid/Award Services Phase. Construction Manager shall be compensated on a Fixed Fee basis in the amount of ($ ), per Preconstruction Agreement of __________.

4.1.1. Payment - Preconstruction and Bid/ Award Services Fixed Fee. District shall pay Construction Manager the Fixed Fee for Preconstruction and Bid/Award Services in ins ta l lment payments no more frequent than monthly, within twenty-five (25) days of the receipt of an invoice from the Construction Manager. The agreed to hourly personnel rates are listed in Section 4.1.2, shall apply to any additional services directed by the District and shall not be subject to additional Construction Manager's fees or multipliers. Invoices shall be broken down in detail and include supporting back-up documentation prior to the District's approval and payment.

4.1.2. RESERVED.

4.2. RESERVED.


4.3. General Conditions. General Conditions of the Project are defined as those generic support activities which must be in place to support all construction aspects of the Project. These include, but are not limited to, such items as mobilization, office rental, computer equipment and

furnishings, , dumpsters, , Construction Manager's staff costs and employee expenses, vehicles, safety, fuel, equipment, supplies, telephone, telephone equipment installation and services, fax, fax machine equipment and services, copy machine, mobile communication on site (two-way radio), cellular phone(s), cellular phone(s) service, and all site office supplies, postage, delivery services and miscellaneous general expenses. Construction Manager shall be compensated a fixed

sum totaling $______ as set forth in in Exhibit A and detailed Exhibit C attached hereto this Agreement, which amounts shall be included and paid on Construction Manager's monthly invoices, as outlined below.

4.3 .1. Payment of General Conditions. District shall pay Construction Manager the costs allocated in section 4.3 as incurred on a monthly basis without retention within twenty-five (25) days of the receipt of the invoice from the Construction Manager. The balance remaining for un-incurred costs shall be credited to the district at the conclusion of the project. The fixed General Conditions costs payable to the Construction Manager above are based upon the detailed budget set forth in Section 4.3.2 below and no other General Conditions shall be due and owing to Construction Manager unless approved by the District in writing.

4.3.2. General Conditions Expense Budget. See Exhibit C for General Conditions Expense Budget applicable to this Agreement.

4.4. Insurance. Construction Manager shall purchase and maintain insurance, which must be in place for the duration of the Project. Insurance coverage includes, but is not limited to, comprehensive general liability, comprehensive automobile liability, excess commercial liability/umbrella, workers' compensation. Construction Manager shall be compensated for the cost of the insurance plus Construction Manager's fee.

4.4.1. Payment - Insurance. District shall pay Construction Manager, without retention, within twenty five (25) days of the District's receipt of the invoice from the Construction Manager reflecting the agreed upon insurance costs based on the stipulated rates agreed upon by Construction Manager and District expended within the billing period.

4.5. Contingency Funds. The Construction and Scope Interface Contingency Funds will be utilized to fund issues consistent with provisions contained in Section 1.3 .17.

4.5.1. Payment - Contingency Funds. Construction Manager shall submit to the District all recommended fund transfers to the Trade Contractors as a result of changes in the work, per Section 1.3.16 and 1.3.17, which Construction Manager and District decide should be funded from the Contingency Fund as described in Section 3.8. District shall approve fund transfers to the Construction Manager, which District reasonably decides are in accordance with the permitted use under section 1.3.17. The Contingency Funds are based on budgets, per Section 1.1.4. Invoices shall be broken down in detail and include supporting back-up documentation. At the conclusion of the Project, all unused portions of the Contingency Funds shall be returned to the District via deductive Change Order.


4.5.2. Contingency Funds Budget, Per Exhibit A:

Fund

Construction Contingency: Scope Interface Contingency:

TotaJ Contingency Budget:

Budget

$ $

4.6. Trade Contract . The Trade Contracts will be a signed to the Con truction Manager by the Di trict upon agreement between the partie on the GMP. If Con truction Manager accept the a signment pur uant to Article 13 , Distr ic t shall make the p ayments for each assigned contract as et forth in Section 13 .2 of this Agreement . Con truction Manager hall be compen ated in a lump um amount ba ed on the aggregate total of all Trade Contracts, plu Construction Manager' fee as detailed in Exhibit A to thi Agreement.

4.6.1. Payment - Trade Contracts. District hall pay Construction Manager undi puted amounts within twenty-five (25) day of the receipt of the approved master monthly payment application from the Construction Manager for the Trade Contractor' work performed during each month of the Con truction Service Phase, le s 5% retention. With District approval, con ideration for early reduction and relea e of retention (or portion thereof) may be granted.

4.7. Final Payment. Construction Manager shall invoice the final amount of the Con truction Manager's compen ation thirty-five (35) calendar day after District record the notice of completion for the Project or thirty-five (35) calendar day after completion of the Project a defined in Public Contract Code Section 7107, whichever i earlier.

4.7.1. District hall make payment of undi puted amounts to Con truction Manager within twenty-five (25) calendar days of receipt of the approved master monthly payment application from Con truction Manager. With re pect to Final Payment, if the Project Co ts exceed the GMP, or if it appear that the Project Co t may exceed the GMP, Di trict may withhold from the Final Payment the difference between the Project Cost (or the projected Project Co t ) and the GMP. Upon completion of the Project, District hall make payment of any undi puted withheld amount as long as uch amount are within the GMP.

If Construction Manager accepts the assignment pur uant to Article 13, District hall make the payments for each a signed contract a set forth in Section 13.2 of thi Agreement.

4.8. Additional Compensation. Con truction Manager shall not be entitled to additional compen ation for additional service unle s there are unu ual and unanticipated circum tances (act of God) cau ing extensions or delay of the Project's completion. Construction Manager shall be entitled to additional compen ation only when approved in writing by Di trict, in advance of uch ervice being provided. If Construction Manager hall claim compensation for any damage sustained by rea on of the act of District or its agents, Construction Manager hall, within ten (10) calendar day after u taining uch damage, ubrnit written notice to Di trict with a written statement of the damage u tained. On or before the 15th day of the month


$

The parties, through their authorized representatives, have executed this Agreement on the dates indicated opposite their signatures.

OWNER:

DATE:

CONSTRUCTION MANAGER:

WASCO UNION HIGH SCHOOL DISTRICT

Print:

Title:

.

By: ________

Print: __________________________

Title: __________________________


By: __________________________

___________________________

___________________________

__________

DATE: ____________

EXHIBIT "A"

Preliminary GMP

CM at Ri k Agreement

32

ATTACHMENT ___ Solicitation Number _____

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM REQUIREMENTS

(Revision Date 12/06/2007)

Please read the requirements and instructions carefully before you begin.

AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq.

The minimum DVBE participation percentage (goal) is 3% for this solicitation unless another percentage is specified in the solicitation.

INTRODUCTION. The bidder must complete the identified forms and fully document at least one of the options (A, B or C) in this document to comply with this solicitation’s DVBE program requirements. Bids or proposals (hereafter called “bids”) that fail to submit all required forms and fully document and meet one of the DVBE program requirement options shall be considered non-responsive.

Information submitted by the intended awardee to comply with this solicitation’s DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

PLEASE READ ALL INSTRUCTIONS CAREFULLY. These instructions contain information about the DVBE program requirements, bidder responsibilities, requirements for performing and documenting each of the three available options (Option A, Option B, or Option C) as detailed below, and the DVBE Bid Incentive. Bidders are responsible for thorough review and compliance with these instructions. Complete and document your option selection and related information on the forms identified herein.

To meet the DVBE program requirements, bidders must complete and fully document at least one of the following compliance options:

Option A - Commitment to full DVBE participation - For a bidder who is a DVBE or who is able to meet the commitment to use identified certified DVBE(s) to fulfill the full DVBE participation goal. Option B - Good Faith Effort - For a bidder documenting its completed effort, made prior to the bid due date, to obtain DVBE participation that may result in partial or no DVBE participation. (For partial participation, identified certified DVBE(s) must be used).

Page 1 of 15


Option C - Business Utilization Plan - For a bidder using an annual plan (subject to pre-bid submission approval) to satisfy DVBE participation requirements. Applies only to solicitations for goods and information technology.

OPTION A – COMMITMENT -- Commit to meet or exceed the DVBE participation requirement in this solicitation by either Method A1 (bidder is a California certified DVBE) or A2 (bidder is not a California certified DVBE). Bidders must document DVBE participation commitment by completing and submitting the attached Documentation of Disabled Veteran Business Enterprise Program Requirements (STD. 840) and the Bidder Declaration (GSPD-05-105) located elsewhere within the solicitation document.Failure to complete and submit the required forms as instructed shall render the bid non-responsive.

At the State’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify the above requirements.

Method A1. Certified DVBE bidder: a. Commit to performing at least 3% of the contract bid amount (unless otherwise specified) with the

prime bidder’s firm or in combination with another DVBE(s).

b. Document option intention on the STD. 840 (Section A) and document DVBE participation on theBidder Declaration GSPD-05-105.

c. At the State’s option a DVBE bidder working in combination with other DVBEs shall submit proof ofits commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractoron the Bidder Declaration. When requested, the document must be submitted to the address orfacsimile number specified and within the timeframe identified in the notification. Failure to submitthe written confirmation as specified may be grounds for bid rejection.

Method A2. Non-DVBE bidder: a. Commit to using certified DVBE(s) for at least 3% (unless otherwise specified) of the bid amount.

b. When a bidder commits to less than the required 3% DVBE participation or its commitment may fallbelow 3% such as when specific line items/groups are not selected for award, then Option B, GoodFaith Effort must be completed.

c. Document option intention on the STD. 840 (Section A) and document DVBE participation on theBidder Declaration GSPD-05-105. Note: If Option B is selected, see Good Faith Effortdocumentation requirements below.

d. At the State’s option prior to contract award, a bidder is to submit proof of its commitment bysubmitting a written confirmation from each DVBE identified as a subcontractor on the BidderDeclaration GSPD-05-105. The awarding department contracting official named in the solicitationmay contact each listed DVBE, by mail, fax or telephone, for verification of the bidder’s submittedDVBE information. When requested, the document must be submitted to the address or facsimilenumber specified and within the timeframe identified in the notification. Failure to submit the writtenconfirmation as specified may be grounds for bid rejection.

Page 2 of 15


OPTION B – GOOD FAITH EFFORT (GFE) performance and documentation requirements must be completely satisfied prior to bid submission if the bidder is unable to obtain and commit to the full DVBE participation percentage goal (Option A) and does not exercise Option C. Perform and document the following Steps 1 through 5 on both pages of the attached STD. 840 form. Failure to perform and document GFE Steps 1 through 5 as instructed, which includes properly completing and submitting both pages of STD. 840 and the Bidder Declaration GSPD-05-105, shall result in the bid being deemed non-responsive. Step 3, Advertisement, is required unless specifically waived for this solicitation due to time limits imposed by the awarding department.

Step 1: Awarding Department (PCC §10115.2[b][1])

Contact the department’s contracting official named in this solicitation for any DVBE suppliers, if available, who may have identified themselves as potential subcontractors or to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation. The contact must be fully documented and the results described on the STD. 840 (Page 1), Section B, Step 1.

Step 2: Other State and Federal Agencies, and Local Organizations (PCC §10115.2[b][2])

All three entities must be contacted. For searches that are accomplished online, attach screen print(s) of Web results for verification. The screen prints should be current and coincide with the goods/services sought in the State’s solicitation.

STATE: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), Office of Small Business and DVBE Services (OSDS) online certified firm database at www.pd.dgs.ca.gov/smbus. Begin by selecting “Search for Certified SBs and DVBEs by Specific Criteria.” Search by Keywords and/or click on “Include SIC Codes in Search” if you wish to also search by SIC codes. You should also check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: http://www.cscr.dgs.ca.gov/cscr/. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940. All contacts must be fully documented and the results described on the STD. 840 (Page 1), Section B, Step 2.

FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at www.ccr.gov/ to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions. You must fully document this contact and describe the results on the STD. 840 (Page 1), Section B, Step 2.

LOCAL: Contact at least one local DVBE organization to identify DVBEs. For a list of local DVBE organizations, please refer to the DVBE Resource Packet that may be accessed online (www.pd.dgs.ca.gov/smbus - select “DVBE Resource Packet”) or obtain a hardcopy by requesting it from DGS-PD Office of Small Business and DVBE Services (see the Resources & Information page provided herein). You must fully document your contact

Page 3 of 15

http://www.pd.dgs.ca.gov/smbus

http://www.cscr.dgs.ca.gov/cscr/


http://www.ccr.gov/


with local DVBE organizations and describe the results on the STD. 840 (Page 1), Section B, Step 2.

Step 3: Advertisements (PCC §10115.2[b][3])

Advertisements are mandatory unless waived by the awarding department within the solicitation.

CONTENT REQUIREMENTS: Include all of the following in your advertisement(s): (1) company name; (2) contact name; (3) address; (4) telephone and facsimile numbers (if applicable); (5) e-mail address (if applicable); (6) the State’s solicitation number; (7) description of goods and/or services for which subcontractor participation is sought (Note: It must be goods and/or services for which the subcontractor will be performing a commercially useful function); (8) the location(s) of work to be performed; (9) the State’s bid due date and/or your due date for receiving DVBE responses.

HOW MANY & WHERE TO PUBLISH: Bidders must publish at a minimum, two (2) ads: one (1) each in a trade paper and a DVBE focus paper unless the paper has a dual purpose (fulfilling both trade and focus requirements as defined in CCR, Title 2, §1896.61(k)), in which case one (1) ad is acceptable in lieu of the two (2) mentioned above. Please see the DVBE Resource Packet for a list of acceptable publications.

WHEN: Pursuant to CCR §1896.63(2), advertisements must be published after the solicitation’s release date and at least 14 days prior to the bid due date, unless a different time period is expressly established in this solicitation.

DOCUMENT & SUBMIT: On the STD. 840 (Page 2), Section C, Step 3, document the publication name(s) where advertisement(s) were published, the contact name and phone number, and the date of publication. Include a copy of the advertisement(s) with your bid.

Step 4: Invitations to Participate (PCC §10115.2[b][4])

WHO: Invite (solicit) DVBEs who can provide relevant goods and/or services to this solicitation to subcontract with you. Conducting Steps 1 through 3 produces a list of DVBEs from which you may choose potential DVBE subcontractors to contact. Bidders are advised to contact as many DVBEs (who provide relevant goods and/or services in the applicable location(s)) as possible. Only California certified DVBEs should be contacted -- please refer non-California certified DVBEs to the OSDS to learn about certification (see the Resources & Information page for contact information).

FOR WHAT: Solicit DVBEs for goods and/or services relevant to the State’s solicitation. If you are unable to identify specific portions of the proposed contract to subcontract, the State encourages bidders to avoid making a predetermination that no DVBEs are able to perform or no portions of the work can be subcontracted, without first contacting and soliciting participation from them. This allows DVBEs to respond whether they can or cannot provide goods or services related to the solicitation, and provides a bidder with responses for consideration.

HOW TO INVITE & CONTENT REQUIREMENTS: Written invitations are required. At a minimum, invitations must contain all of the following: (1) company name; (2) contact name; (3) address; (4) telephone and facsimile (if applicable) numbers; (5) return e-mail address (if applicable); (6) the State’s solicitation number; (7) description of goods and/or services for which subcontractor participation is sought (Note: It must be goods and/or services for which the subcontractor will be

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performing a commercially useful function); (8) the location(s) of work to be performed; (9) the State’s bid due date and/or your due date for receiving DVBE responses.

The invitation should also include the anticipated schedule for subcontractor performance and terms/conditions related to payment of the subcontractor.

WHEN: Provide DVBEs with a reasonable time period to receive and respond to your invitation, and to be considered by you for participation as described in Step 5 (below), prior to your bid submission.

DOCUMENT & SUBMIT: Bidders must document the completed contacts on STD. 840 (Page 2), Section C. Attach additional copies of STD. 840A as necessary to list your DVBE contacts. You are required to attach a copy of: (1) each invitation or offer sent by mail, fax or e-mail; and (2) should include confirmation of transmittal or delivery. Your bid may be considered non-responsive if it fails to include copies of the written invitations and delivery confirmations.

Step 5: Consider all responding DVBEs for contract participation (PCC §10115.2[b][5])

Consideration must be based on business needs for this contract and the same evaluation criteria must be applied to each potential DVBE subcontractor offering the same goods and services. Any firm selected for participation must be documented on the Bidder Declaration GSPD-05-105. Bidders must commit to using the certified DVBEs in the capacity and for the amount identified on the GSPD-05-105. Any firm not selected must be identified on the STD. 840 (Page 2), Section C, and the reason for non-selection documented on the form. Attach additional copies of STD. 840A as necessary to list all of your DVBE contacts that were not selected.

OPTION C – THE DVBE BUSINESS UTILIZATION PLAN (BUP) option permits bidders to submit an approved DVBE BUP to satisfy DVBE participation solicitation requirements up to 3%. DVBE BUPs apply only to solicitations for goods and Information Technology (IT) goods and services . DVBE BUPs are a company’s commitment to expend a minimum of 3% of its total statewide contract dollars with DVBEs -- this percentage is based on all of its contracts held in California, not just those with the State. DVBE BUPs must be submitted to and approved by the DGS-PD prior to the bid due date. Please call the DGS-PD, Office of Small Business and DVBE Services for assistance. Bidders choosing this option must properly complete and submit STD. 840 (Section A), the Bidders Declaration (GSPD-05-105), and include a copy of its approval letter with the bid; failure to submit these documents shall render your bid non-responsive.

DVBE BID INCENTIVE. Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. Unless a table that replaces the one below has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive: 5% or Over 5%

4% to 4.99% inclusive 4%

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3% to 3.99% inclusive 3% 2% to 2.99% inclusive 2% 1% to 1.99% inclusive 1%

As applicable: (1) Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount is not to exceed $100,000.

(2) Awards based on highest score - the solicitation shall include an individualrequirement that identifies incentive points for DVBE participation.

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RESOURCES AND INFORMATION

For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. In accordance with Public Contract Code Section 10115.2(b)(3), bidders must advertise in trade and focus publications unless the requirement is waived. The Department of General Services, Procurement Division (DGS-PD) publishes a list of trade and focus publications to assist bidders in meeting these contract requirements. To obtain this list, please contact the DGS-PD Office of Small Business and DVBE Services and request the “DVBE Resource Packet.”

U.S. Small Business Administration (SBA): Use the Central Contractor Registration (CCR) on-line database. Internet contact only –Database: www.ccr.gov/.

FOR: Service-Disabled Veteran-owned businesses in California (Remember to verify each DVBE’s California certification.)

Local Organizations (see the DVBE Resource Packet available from DGS-PD DVBE Program Section listed below)

FOR: List of potential DVBE subcontractors

DGS-PD Office of Small Business and DVBE Services (OSDS) 707 Third Street, Room 1-400, West Sacramento, CA 95605

Website: www.pd.dgs.ca.gov/smbus

OSDS Receptionist, 8 am-5 pm: (916) 375-4940

PD Receptionist, 8 am-5 pm: (800) 559-5529

Fax: (916) 375-4950

Email: [email protected]

FOR: ● Directory of California-Certified DVBEs● Certification Applications● Certification Information● Certification Status, Concerns● General DVBE Program Info.● DVBE Resource Packet● DVBE Business Utilization Plan● Small Business/DVBE Advocates

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http://www.ccr.gov/


ADVERTISEMENT FORMAT EXAMPLE

This example offers a suggested format that includes required information outlined in Option B, Good Faith Effort, Step 3. You can substitute the applicable information for the bolded, italicized words.

DVBEs are invited to participate as a potential subcontractor to perform a commercially useful function specific to DGS’ IFB No. 12345 for fencing materials in Chowchilla.

DVBE responses due to me 1/1/02; Bids due to the State 1/15/02.

Contact: ABC Company Jane Doe, General Manager

123 Main Street, Sacramento, CA 95814 voice: 555/555-5555 ; fax: 555/555-5556

or e-mail: [email protected]

Commercially Useful Function Definition

California Code of Regulations, Title 2, § 1896.61(l): The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following: ▪ Is responsible for the execution of a distinct element of the work of the

contract.▪ Carries out the obligation by actually performing, managing, or

supervising the work involved.▪ Performs work that is normal for its business services and functions.▪ Is not further subcontracting a portion of the work that is greater than

that expected to be subcontracted by normal industry practices.A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

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STATE OF CALIFORNIA – GENERAL SERVICES PROCUREMENT DIVISION

DOCUMENTATION OF DISABLED VETERAN BUSINESS ENTERPRISE PROGRAM REQUIREMENTS STD. 840 (REV. 3/2007)

A. Designation Of Option – Check the appropriate box(es) to indicate the option(s) with which you choose tocomply, complete the applicable sections and attach the required supporting documentation. You are advised toread all instructions carefully prior to completing this form. Remember that only California certified DVBEs who canprovide related goods and/or services may be used to satisfy these program solicitation requirements. DVBEsmust perform a commercially useful function. During contract performance, all requests for substituting DVBEsubcontractors must be made in accordance with the provisions of California Code of Regulations, Title 2,§1896.64(c).☐ OPTION A – I commit to meeting the full DVBE Agreement participation requirement.

Complete: STD. 840, Section A (check the box on this form) and Bidder Declaration form GSPD-05-105 (located elsewhere in the solicitation)

☐ OPTION B – I performed and documented a Good Faith Effort (GFE) in an attempt to obtain DVBEparticipation.

Complete: STD. 840, Section A (check the box on this form), STD. 840, Section B (for GFE Steps 1 & 2), STD. 840 (REVERSE), Section C (for GFE Steps 3-5), and Bidder Declaration form GSPD-05-105 (located elsewhere in the solicitation)

☐ OPTION C – I submit a copy of my firm’s “Notice of Approved DVBE Business Utilization Plan.”Complete: STD. 840, Section A (check the box on this form) and

Bidder Declaration form GSPD-05-105 (located elsewhere in the solicitation)

B. Documentation of Good Faith Effort Steps 1 and 2 – Full information must be provided.Remember to carefully read all instructions prior to completing this form. Please refer to the Resources & Information page fordetailed contact information.

STEP 1. Contact the Awarding Department (the contracting official, unless another contact is specified) to identify potential DVBE subcontractors, and document this contact below . Date Contacted Contact Name Telephone Number

/ / ( ) - ext. Describe Result

STEP 2. Contact all of the following and document your contacts as required: Other State and federal agencies and local organizations to identify potential DVBE subcontractors. Attach screen print(s) of Web Results for verification.

Other State Agency – Procurement Division, Office of Small Business and DVBE Services (OSDS) PHONE CONTAC

T

OR ONLINE SEARCH

Date Telephone Number Contact Name ☐ I contacted the OSDS for a list of California

certified DVBEs. / / (916) 375-4940Date Internet Address

☐ I searched the OSDS online database to identify California certified DVBEs. / / www.pd.dgs.ca.gov/smbus

Describe Result

Federal Agency – U.S. Small Business Administration (SBA) online database Date Internet Address

☐ I searched the federal online database for California DVBEs. / / www.ccr.gov/.

Describe Result

Local DVBE Organizations – Contact at least one local DVBE organization – refer to the DVBE Resource Packet for a list of acceptable contacts. (www.pd.dgs.ca.gov/smbus – select “DVBE Resource Packet”) Date Organization Name Contact Name Telephone Number and/or Internet Address

/ / ( ) - www. Describe Result

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http://www.ccr.gov/



Date Organization Name Contact Name Telephone Number and/or Internet Address

/ / ( ) - www. Describe Result

Go to Page 2, Section C to continue Good Faith Effort documentation ⇒

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DOCUMENTATION OF DISABLED VETERAN BUSINESS ENTERPRISE PROGRAM REQUIREMENTS STD 840 (REV. 3/2007) (REVERSE)

C. Documentation of Good Faith Effort Steps 3, 4 and 5 – Full information must be provided.STEP 3. Publish advertisements : At least two (2) advertisements: One (1) ad in an accepted trade paper; and one (1) ad in an accepted DVBE focus paper (please see the DVBE Resource Packet for a list of all accepted publications and a sample advertisement format); unless the paper is an approved dual purpose (fulfilling both trade and focus requirements), in which case one (1) ad is acceptable. Document this step as required and remember to attach a copy of your advertisement(s). Focus Paper Name (list full name) Contact Name Telephone Number

( ) - Address Date Ad Published

/ /Trade Paper Name (list full name) Contact Name Telephone Number


/ /☐ I certify the ad was placed to reach both trade and focus audiences through this one publication.Trade and Focus Paper Name (list full name) Contact Name Telephone Number


/ /

STEP 4 & STEP 5. Document your completed contacts with (Step 4) and consideration of (Step 5), relevant DVBEs. Business reasons for non-selection must be explained. Attach additional pages to list all other DVBE contacts (you may use STD. 840A). Copies of all written invitations must be attached. Delivery confirmations should also be attached and submitted with the bid.

Date Contacted DVBE Company Name / /

DVBE Contact Name & Reference # Telephone Number Fax Number E-mail (if available) ( ) - ext. ( ) -

Street Address, City, State, and Zip Code

☐ DVBE was selected and is listed on the GSPD-05-105 ☐ DVBE not selected for the following business reasons:








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ATTACH ADDITIONAL PAGES (OR USE STD. 840A) TO LIST ALL OTHER DVBE CONTACTS

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ADDITIONAL DISABLED VETERAN BUSINESS ENTERPRISE CONTACTS STD. 840A (REV. 3/2007)

This document may be used as a continuation from Section C, STD. 840, Steps 4 & 5 Date Contacted DVBE Company Name

/ /DVBE Contact Name & Reference # Telephone Number Fax Number E-mail (if available)

( ) - ext. ( ) -Street Address, City, State, and Zip Code










Date Contacted DVBE Company Name




Date Contacted DVBE Company Name




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DVBE Program Requirements Supplier Checklist (Rev. 2-28-2005) Please do not submit this checklist with your bid. It is provided for your use only. Checking every box of your elected compliance option does not guarantee that your bid will be deemed compliant.

☐ OPTION A: COMMITMENT TO DVBE AGREEMENT PARTICIPATION

☐ STD. 840 included with bid☐ Designated the Commitment Option in Section A – Checked the first box of the form STD. 840☐ Bidder Declaration form GSPD-05-105 completed and included with bid☐ Proposed DVBE participation meets the 3% requirement (unless a different percentage is specified)

☐ OPTION B: GOOD FAITH EFFORT (GFE)☐ STD. 840 included with bid☐ Designated the GFE Option in Section A – checked the second box of the form STD. 840

☐Bidder Declaration form GSPD-05-105 completed and included with bid (any participation obtained isidentified on the form)

☐ (Step 1) Contacted the Awarding Department and listed the contact information and results

☐(Step 2) Contacted Other State agency (Office of Small Business and DVBE Services) and listed the contactand results – if a DVBE search was conducted online, included a screen print with bid

☐(Step 2) Searched the Federal U.S. Small Business Administration (SBA) using the Central ContractorRegistration (CCR) on-line database, noted the results and included a screen print with bid

☐(Step 2) Contacted Local DVBE Organization(s) and listed the contact and results – if a DVBE search wasconducted online, included a screen print with bid

☐ (Step 3) Advertised – IF NOT WAIVED IN THE SOLICITATION● Listed full information for the advertisement(s) and publication(s)● At least 2 ads (one in a trade publication and one in a DVBE focus publication); OR 1 ad in one

approved dual-purpose publication (for approved publications, see the Resource Packet atwww.dgs.ca.gov/smbus)

● Attached a copy of the advertisement(s) and affidavit(s) of publication● The advertisements were published at least 14 days prior to the bid due date (or lesser time as

specified)● The advertisements included required contact information

☐ (Step 4) Listed on STD. 840 all DVBEs contacted that were not selected to perform as subcontractors● Attached copies of the invitations sent to DVBEs● Invitations included the required contact information● Attached copies of the delivery confirmations for invitations to DVBEs (e.g. mail receipts, fax

confirmations, etc.)☐ (Step 5) Listed the business reasons for non-selection of DVBEs contacted

☐ OPTION C: BUSINESS UTILIZATION PLAN (BUP)☐ Prior to the bid due date – Submitted a BUP to DGS-PD and received approval☐ STD. 840 included with bid☐ Designated the BUP Option in Section A – Checked the third box of the form STD. 840☐ Attached a copy of the BUP Approval letter from DGS-PD☐ Bidder Declaration form GSPD-05-105 completed and included with bid

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http://www.dgs.ca.gov/smbus