NOTE: STD 840, Disabled Veteran-Owned Business Enterprise Requirements have been WAIVED for this IFB.

Transcription

1 State of California Business, Transportation and Housing Agency DEPARTMENT OF CALIFORNIA HIGHWAY PATROL Business Services Section Contract Services Unit P.O. Box Sacramento, CA (800) (TT/TDD) (800) (Voice) ARNOLD SCHWARZENEGGER, Governor January 31, 2008 INVITATION FOR BID (IFB) #8C Notice to Prospective Bidders The Department of California Highway Patrol (CHP) is seeking bids to provide numeric display pagers and pager services to CHP Northern Division Humboldt and Garberville Area offices. Enclosed are documents containing specifications and requirements for compliance with state contracting procedures. If you are interested in providing this service, please complete the following required forms, and return them to CHP as outlined in the IFB Procedures: Bidder Certification Bid Form STD. 204, Payee Data Record CCC 307, Contractor Certification Clauses NOTE: STD 840, Disabled Veteran-Owned Business Enterprise Requirements have been WAIVED for this IFB. Questions pertaining to technical requirements or bid specifications may be directed to Elizabeth Davis or Mary Lou Reilly, Telecommunications Section, at (916) Administrative questions should be directed to me at (916) TRACY REDIFER Contract Analyst

2 TABLE OF CONTENTS IFB Terms and Conditions...1 page IFB Procedures...2 pages General Terms and Conditions...1 page Scope of Work (Specifications)...1 pages Attachment 1, Required Attachment Checklist...1 page Attachment 2, Bidder Certification...1 page Attachment 3, Bid Form...1 page Attachment 4, Bid Evaluation Formula...1 page Attachment 5, STD. 204, Payee Data Record...2 pages Attachment 6, CCC 307, Contractor Certification Clauses...4 pages 1

3 IFB TERMS AND CONDITIONS 1. All Agreements entered into with the State of California shall include by reference General Terms and Conditions that may be viewed and downloaded from the Department of General Services (DGS) Internet web site If you do not have Internet access, a printed copy may be obtained by contacting the Contract Services Unit at (916) Bids must be submitted for the performance of all services described herein. Any deviation from the work specifications shall not be considered and shall be cause for rejection of the bid. 3. A bid may be rejected if it is conditional or incomplete, contains any alterations of form, or other irregularities of any kind. The CHP may reject any or all bids and may waive any immaterial deviation in a bid. 4. If all bids are considered too high, CHP is not required to award an Agreement. 5. No verbal information regarding this bid shall be binding upon the state. Any additional information shall be issued in an addendum to all parties submitting a bid. 6. Costs for developing a bid in anticipation of an Agreement being awarded are entirely the responsibility of the bidder; the state shall not be held responsible for any bid development costs. 7. A bidder may withdraw their bid by submitting a written request to CHP, signed by the agent authorized on the Bidder Certification. The bidder may subsequently resubmit a new bid prior to the bid submission deadline. 8. The CHP is not responsible to report any bidder errors, defects or omissions discovered during the evaluation period for the purposes of correction. 9. Bidders should carefully examine specifications and work sites (where applicable). Increases to the amount of the Agreement shall not be allowed due to a lack of careful examination of work sites and specifications. 10. The CHP shall put each bid through a process of evaluation to determine its responsiveness with the submission requirements of this IFB. 11. California Government Code Section allows a five (5) percent preference for bidders who are certified with the State of California as a small business, micro-business, or a nonsmall business that commit to subcontract at least 25 percent of the bid rate with a State of California certified small business. Preference program information may be found at Internet web site 2

4 IFB PROCEDURES 1. BID SUBMISSION a. All bids must be sealed and received by CHP by date and time shown in Item 2., Time Schedule. The sealed bid must clearly indicate the IFB number and IFB name, show your firm name and address, and be marked with "MAILROOM DO NOT OPEN," as shown in the following example: b. Non-sealed bids may be rejected. Department of California Highway Patrol Business Services Section Contract Services Unit P.O. Box Sacramento, CA IFB number 8C047000, Pager Services MAILROOM DO NOT OPEN Mail or deliver bids to the following address: U.S. Postal Service Deliveries Hand Deliveries or Overnight Department of California Highway Patrol Department of California Highway Patrol Business Services Section Business Services Section Contract Services Unit Contract Services Unit P.O. Box Riverside Parkway, Suite 80 Sacramento, CA West Sacramento, CA TIME SCHEDULE The following is the time schedule for this IFB: Event Date Time IFB Available to Prospective Bidders February 1, :00 a.m. Final Date for Bid Submission February 29, :00 p.m. Bid Opening March 7, :30 a.m. Notice of Intent to Award March 7, 2008 N/A Last Day to Protest the Award March 14, :00 p.m. 3

5 Proposed Start Date of Agreement July 1,

6 3. EVALUATION AND SELECTION a. At the time of bid opening, each bid shall be checked for the presence of required information in conformance with the submission requirements of this IFB. b. The state shall put each bid through a process of evaluation to determine its responsiveness to the needs of the state. c. Bids that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the state, such information was intended to mislead the state in its evaluation of the bid, it may be the basis for rejection of the bid. d. An Agreement shall be awarded to the bidder that submits all required documents, meets all criteria as specified in the IFB, and is the lowest responsible bidder utilizing the enclosed Bid Evaluation Formula. 4. DISPOSITION OF BID Upon bid opening, all documents submitted in response to this IFB shall become the property of the state, and shall be regarded as public records. 5. AWARD AND PROTEST a. Whenever an Agreement is awarded, but the Agreement is not awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) business days prior to the award of the Agreement. b. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of CHP at least five (5) business days prior to awarding the Agreement. c. If any bidder, prior to the award of an Agreement, files a protest with CHP on the grounds the protesting bidder is the lowest responsible bidder, an Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. d. Within five (5) business days after filing the initial protest, the protesting bidder shall file with the Department of General Services and CHP a full and complete written statement specifying the grounds for the protest. It is suggested any protest should be submitted by certified or registered mail. The written protest must be mailed to: A copy of the written protest must be mailed to: Department of General Services Department of California Highway Patrol Office of Legal Services Business Services Section 707 Third Street, 7th Floor Contract Services Unit West Sacramento, CA P.O. Box Sacramento, CA

7 GENERAL TERMS AND CONDITIONS The Agreement awarded from the results of this IFB shall have the following special provisions. 1. The CHP reserves the right to cancel the Agreement with thirty (30) days advance written notice to bidder. 2. The Agreement may be amended by written mutual consent of the parties. 3. The CHP shall suspend any service provider, for a period of 360 calendar days, from competing in future, IFBs when the service provider has demonstrated unsatisfactory performance in complying with or completing previously awarded Agreements. 4. The CHP makes no commitment, either written or implied, as to the total amount of funds expended under the proposed Agreement. REST OF PAGE INTENTIONALLY LEFT BLANK 6

8 SCOPE OF WORK SPECIFICATIONS 1. Contractor shall provide all personnel, labor, equipment, tools, supplies, materials, transportation, licenses, and insurance to provide pager service to CHP. Contractor shall provide up to three (3) numeric display pagers for distribution to CHP Northern Division and Area offices, and provide all services for locations identified in the attached distribution plan. Equipment shall be Motorola LS350 numeric display pagers or an equivalent with the following minimum features: a. 24-character, backlit, numeric message display - 2 screens, 12 characters per screen - to enable users to include an area code and a designated time for call back and, message memory to enable user to read and prioritize messages and save those which need not be returned immediately. b. Time and date indicator which time/date-stamps each page. c. Single or extended audible beep and vibrate or visual (flashing light) silent message alert modes. The choice of alert modes will permit pager use in both high noise environments and in situations where the audible tone is not desirable or appropriate. d. Audible or vibrate unread message waiting reminder. e. Pager display shall indicate on/off status, alert mode, number of unread messages, low battery power warning, with visual and audible low battery and out-of-range alert modes. The low battery alert mode shall provide at a minimum, a 48-hour advance warning of battery failure. f. Optional voice mail or numeric page retrieval. g. Monthly service charges shall be based on an unlimited number of messages (pages). 2. Contractor shall provide batteries to ensure uninterrupted service throughout the term of the Agreement. 7

9 DISTRIBUTION PLAN Three (3) numeric display pagers will be distributed to CHP Northern Division Area Offices: Humboldt (2 pagers) 255 East Samoa Blvd. Arcata, CA Garberville (1 pagers) 30 West Coast Road Redway, CA

10 ATTACHMENT 1 REQUIRED ATTACHMENT CHECK LIST A complete bid or bid package will consist of the items identified below. Complete this check list to confirm the items in your bid. Place a check mark or X next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also. Check List Attachment Name/Description Attachment 1 Required Attachment Check List Attachment 2 Bidder Certification Form Attachment 3 Bid Form Attachment 4 Bid Evaluation Formula Attachment 5 Payee Data Record (STD 204) Attachment 6 Contractor Certification Clauses (CCC 307) 9

11 ATTACHMENT 2 BIDDER CERTIFICATION PAGER AND PAGER SERVICES IFB 8C The bidder Certification must be signed and returned with the required forms as an entire package with original signatures. The bidder hereby certifies: 1. Our all inclusive bid is submitted as detailed in the Bid Form, and all required forms are included with this certification. The bid rate is valid for 120 days. 2. The signature and date below certifies compliance with all requirements of this IFB. 3. The signature below is by an official authorized to contractually bind the company. An Unsigned Bidder Certification May Be Cause For Rejection. Company Name Address Telephone Number Fax Number License Type* License Number* State of California Small or Micro-Business certification number* Disabled Veteran-Owned Business Enterprise certification number* Small Business subcontractor name* Small Business subcontractor certification number* Small Business subcontract percentage* Signature Printed Name Title Date *If applicable 10

12 ATTACHMENT 3 BID FORM PAGER AND PAGER SERVICES IFB 8C NAME OF BIDDER: Submitted hereon is the bid rate to provide Pager and Paging Services for CHP per the specifications of this IFB. The CHP anticipates the term of the Agreement to be for three (3) years. Bidder must bid on each and every item in an amount greater than zero, except where indicated otherwise. Any modification to this bid form shall render your bid non-responsive. Monthly Rate $ Replacement cost per pager $ 11

13 ATTACHMENT 4 BID EVALUATION FORMULA (CHP USE ONLY) PAGER AND PAGER SERVICES IFB 8C NAME OF BIDDER: An Agreement shall be awarded to the bidder that submits all required documents, meets all criteria as specified in the IFB, and is the lowest responsive bidder utilizing the Bid Evaluation Formula below. Monthly Rate $ + Replacement cost per pager $ = TOTAL BID QUOTE: $ 12

14 ATTACHMENT 5 STATE OF C ALIFORNIA PAYEE DATA RECORD (Required in lieu of IRS W-9 when doing business with the State of California) STD. 204 (REV. 2/99) (AUTOMATED) CHP Agreement #8C NOTE: Governmental entities, federal, state, and local (including school districts) are not required to submit this form. SECTION 1 must be completed by the requesting state agency before forwarding to the payee 1 PLEASE RETURN TO: DEPARTMENT/OFFICE Department of California Highway Patrol STREET ADDRESS P O Box CITY, STATE, ZIP CODE Sacramento CA TELEPHONE NUMBER PURPOSE: Information contained in this form will be used by state agencies to prepare information Returns (Form 1099) and for withholding on payments to nonresident payee's. Prompt return of this fully completed form will prevent delays when processing payments. (See Privacy Statement on reverse) 2 PAYEE'S BUSINESS NAME SOLE PROPRIETOR --ENTER OWNER'S FULL NAME HERE (Last, Fi rst, M.I.) MAILING ADDRESS (Number and St reet or P. O. Box Number) City, State and Zip Code) 3 PAYEE ENTITY TYPE CHECK ONE BOX ONLY MEDICAL CORPORATION (Including dentistry, podiatry, psychother apy, optom etry, chir oprac tic, etc.) EXEMPT CORPORATION (Nonprofit) ALL OTHER CORPORATIONS PARTNERSHIP ESTATE OR TRUST INDIVIDUAL/SOLE PROPRIETOR NOTE: State and local governmental entities, including school districts are not required to submit this form. 4 VENDOR'S TAXPAYER I.D. NUMBER 5 PAYEE RESIDENCY STATUS SOCIAL SECURITY NUMBER REQUIRED FOR INDIVIDUAL/SOLE PROPRIETOR BY AUTHORITY OF THE REVENUE AND TAXATION CODE SECTION (See reverse) FEDERAL EMPLOYER S IDENTIFICATION NUMBER (FEIN) CHECK APPROPRIATE BOX(ES) SOCIAL SECURITY NUMBER IF PAYEE ENTITY TYPE IS A CORPORATION, PARTNER- SHIP, ESTATE OR TRUST, ENTER FEIN. California Resident - Qualified to do business in CA or a permanent place of business in CA Nonresident (See Reverse) Payments for services by nonresidents may be subject to state withholding WAIVER OF STATE WITHHOLDING FROM FRAN CHISE TAX BOARD ATTACHED SERVICES PERFORMED OUTSIDE OF CALIFORNIA IF PAYEE ENTITY TYPE IS INDIVIDUAL/SOLE PROPRIETOR, ENTER SSAN. NOTE: Payment will not be processed without an accompanying taxpayer I.D. number. NOTE: a. An estate is a resident if decedent was a California resident at time of death. b. A trust is a resident if at least one trustee is a California resident. (See reverse) 6 CERTIFYING SIGNATURE I hereby certify under penalty of perjury that the information provided on this document is true and correct. If my residency status should change, I will promptly inform you. AUTHORIZED PAYEE REPRESENTATIVE'S NAME (Type or Print) TITLE SIGNATURE DATE TELEPHONE NUMBER 13

15 STATE OF CALIFORNIA PAYEE DATA RECORD STD. 204 (REV. 2/99) ( REVERSE) ( AUTOMATED) ARE YOU A RESIDENT OR A NONRESIDENT? Each corporation, individual/sole proprietor, partnership, estate or trust doing business with the State of California must indicate their residency status along with their taxpayer identification number. A corporation will be considered a resident if it has a permanent place of business in California. The corporation has a permanent place of business in California if it is organized and existing under the laws of this state or, if a foreign corporation has qualified to transact intrastate business. A corporation that has not qualified to transact intrastate business (e.g., a corporation engaged exclusively in interstate commerce) will be considered as having a permanent place of business in this state only if it maintains a permanent office in this state that is permanently staffed by its employees. For individuals/sole proprietors, the term resident includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose which will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident. For withholding purposes, a partnership is considered a resident partnership if it has a permanent place of business in California. An estate is considered a California estate if the decedent was a California resident at the time of death and a trust is considered a California trust if at least one trustee is a California resident. ARE YOU SUBJECT TO NONRESIDENT WITHHOLDING? Payments made to nonresident payee's, including corporations, individuals, partnerships, estates and trusts, are subject to withholding. Nonresident payee's performing services in California or receiving rent, lease or royalty payments from property (real or personal) located in California will have 7% of their total payments withheld for state income taxes. However, no withholding is required if total payments to the payee are $1500 or less for the calendar year. A nonresident payee may request that income taxes be withheld at a lower rate or waived by sending a completed form FTB 588 to the address below. A waiver will generally be granted when a payee has a history of filing California returns and making timely estimated payments. If the payee activity is carried on outside of California or partially outside of California, a waiver or reduced withholding rate may be granted. For more information, contact: Franchise Tax Board Nonresident Withholding Section Attention: State Agency Withholding Coordinator P.O. Box 651 Sacramento, CA Telephone: (916) FAX: (916) If a reduced rate of withholding or waiver has been authorized by the Franchise Tax Board, attach a copy to this form. More information on residency status can be obtained by calling the Franchise Tax Board at the numbers listed below: From within the United States, call From outside the United States, call For hearing impaired with TDD, call PRIVACY STATEMENT Section 7(b) of the Privacy Act of 1974 (Public Law ) requires that any federal, state, or local governmental agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. The State of California requires that all parties entering into business transactions that may lead to payment(s) from the State must provide their Taxpayer Identification Number (TIN) as required by the State Revenue and Taxation Code, Section to facilitate tax compliance enforcement activities and to facilitate the preparation of Form 1099 and other information returns as required by the Internal Revenue Code, Section 6109(a). The TIN for individual and sole proprietorships is the Social Security Number (SSN). It is mandatory to furnish the information requested. Federal law requires that payments for which the requested information is not provided be subject to a 31% withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business. Please call the Department of Finance, Fiscal Systems 14 and Consulting Unit at (916) if you have any questions regarding this Privacy Statement. Questions related to residency or withholding should be referred to the telephone numbers listed above. All other questions should be referred to the requesting agency listed in Section 1.

16 ATTACHMENT 7 CCC-307 CERTIFICATION CHP Agreement #: 8C I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has 15

17 occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code 8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code 10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section and , and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at and Public Contract Code Section b. The contractor agrees to cooperate fully in providing reasonable access to the contractor s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor s compliance with the requirements under paragraph (a). 16

18 7. DOMESTIC PARTNERS: For contracts executed or amended after July 1, 2004, the contractor may elect to offer domestic partner benefits to the contractor s employees in accordance with Public Contract Code section However, the contractor cannot require an employee to cover the costs of providing any benefits which have otherwise been provided to all employees regardless of marital or domestic partner status. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code 10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor 17

19 affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. 18