Specifications

Generator Maintenance, Inspection and Repair Services Bid Number 6000001312
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
SPECIAL TERMS AND CONDITIONS
Page 13 of 18
Government Code Sections 14837, 14839, 14842, 14842.5
Military and Veterans Code (MVC) Sections 999, 999.6, 999.9
In part, these codes involve requirements for businesses to qualify as a California certified
Small Business, Micro business and/or DVBE. The aforementioned companies must
perform a commercially useful function to be eligible for award and be “domiciled” in
California. A supplier’s bid will be considered non-responsive and rejected for failure to
comply with the definition and requirements set forth in the statutes Contractors found to be
in violation of certain provisions within these code sections may be subject to loss of
certification, penalties and Agreement cancellation.
32. DVBE Replacement Request
Contractor understands and agrees that should award of this contract be based in part on
their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s)
identified in their bid or offer, per Military and Veteran’s Code (MVC) § 999.5 (e), a DVBE
subcontractor may only be replaced by another DVBE subcontractor and must be approved
by the Department of General Services (DGS). The Contractor shall submit requests for
DVBE substitutions electronically on the DVBE Substitution form with justification for the
substitution to the Office of Business Services;
[e-mail] (for institution-
related contracts) or to
[e-mail] (for all other requests). For assistance
with access to the “DVBE Substitution” form and instructions, contact the Department of
Corrections and Rehabilitation Office of Business Services SB/DVBE Advocate at
[e-mail]. Requests to replace a DVBE subcontractor must be amply
documented to show that the replacement meets the criteria as specified in the California
Code of Regulations (CCR), Title II, Section 1896.64(c) or the Public Contract Code (PCC) §
4107 (for public works). Failure of Contractor to seek substitution and adhere to the DVBE
participation level identified in the bid or offer may be cause for contract termination,
recovery of damages under rights and remedies due to the State, and penalties as outlined
in MVC § 999.9; PCC § 10115.10, or PCC § 4110 (for public works contracts).
33. DVBE Payment Certification
Senate Bill 548 requires prime contractors to certify that payments to DVBE subcontractors
were made upon completion of the contract. It is the prime contractor’s responsibility to
report to the CDCR and to certify that payments are complete. Prime contractors must return
the completed OBS-548 form via mail or fax to the OBS, SB/DVBE Advocate for processing
and inclusion in the contract file upon completion of the contract.
34. Travel
Contractor’s rates shall include all travel expenses required to perform services in
accordance with this Agreement.
35. Indemnification
The Contractor shall hold the State, its officers, agents, and employees harmless and
indemnify and defend the State for any claims for damages arising out of occurrences,
accidents, or misuse by the Contractor or its purchasers resulting from waste collected from
the State and the Contractor recycling the waste for production of by-products for third-party
use.
Bid 6000001312
State of California
11/14/2013 2:35 PM
p. 116