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B. Has its principal place of business in a state in which there is no local contractor preference on construction <br /> contracts. <br /> C. Has its principal place of business in a state in which there is a local contractor construction preference and the <br /> Contractor has paid not less than$5000 in sales or use taxes to California for construction related activity for each of <br /> the five years immediately preceding the submission of the bid. <br /> To carry out the"California company"reciprocal preference requirements of Section 6107 of the Public Contract Code, <br /> all bidders shall fill out and sign the California Company Preference form in the Proposal. The bidder's signature on the <br /> California Company Preference form certifies,under penalty of perjury,that the bidder is or is not a "California company" <br /> and if not,the amount of the preference applied by the state of the nonresident Contractor. <br /> A nonresident Contractor shall disclose any and all bid preferences provided to the nonresident Contractor by the state or <br /> country in which the nonresident Contractor has its principal place of business. <br /> Proposals without the California Company Preference form filled out and signed may be rejected. <br /> SECTION 3. AWARD AND EXECUTION OF CONTRACT <br /> The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard <br /> Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. <br /> Requests for relief of bid and bid protests are to be delivered to the following address: Department of Transportation, <br /> MS 43,Attn: Office Engineer, 1727 30th Street, Sacramento,CA 95816 or by facsimile to the Office Engineer at(916)227- <br /> 6282. <br /> The award of the contract, if made, will be to the lowest responsible bidder whose proposal complies with all the <br /> requirements prescribed and who has met the goal for DVBE participation or has demonstrated, to the satisfaction of the <br /> Department,good faith efforts to do so. <br /> The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds and the <br /> documents identified in Section 3-1.025, "Insurance Policies," of the Standard Specifications,to the Department so that it is <br /> received within 10 business days after the bidder has received the contract for execution. Failure to do so shall be just cause <br /> for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address: <br /> Department of Transportation MS 43,Attn: Office Engineer, 1727 30th Street,Sacramento,CA 95816. <br /> A "Payee Data Record" form will be included in the contract documents to be executed by the successful bidder. The <br /> purpose of the form is to facilitate the collection of taxpayer identification data. The form shall be completed and returned to <br /> the Department by the successful bidder with the executed contract, contract bonds and the documents identified in Section <br /> 3-1.025, "Insurance Policies,"of the Standard Specifications,. For the purposes of the form,payee shall be deemed to mean <br /> the successful bidder. The form is not to be completed for subcontractors or suppliers. Failure to complete and return the <br /> "Payee Data Record"form to the Department as provided herein will result in the retention of 20 percent of payments due the <br /> Contractor and penalties of up to $20,000. This retention of payments for failure to complete the"Payee Data Record" form <br /> is in addition to any other retention of payments due the Contractor. <br /> Attention is also directed to "Small Business and Non-Small Business Subcontractor Preferences" of these special <br /> provisions. <br /> A bidder who is certified as a Small Business by the Office of Small Business and DVBE Services, Department of <br /> General Services,will be allowed a preference in the award of this contract under the following conditions: <br /> A. The bidder filled out and signed the"Request for Small Business Preference and Non-Small Business Subcontractor <br /> Preference" form, requesting Small Business preference, and attached a copy of its Office of Small Business and <br /> DVBE Services small business certification letter to the form;and <br /> B. The apparent low bidder is not certified as a Small Business. <br /> A bidder who is not certified as a Small Business by the Office of Small Business and DVBE Services, Department of <br /> General Services,will be allowed a preference in the award of this contract under the following conditions: <br /> A. The bidder filled out and signed the"Request for Small Business Preference and Non-Small Business Subcontractor <br /> Preference" form, requesting Non-Small Business Subcontractor preference and notifying the Department that it <br /> commits to subcontract at least 25 percent of its bid amount with one or more Small Businesses, and submitted the <br /> "CALTRANS BIDDER — SMALL BUSINESS SUBCONTRACTOR — INFORMATION" form listing the <br /> subcontractors and suppliers it commits to subcontract with;and <br /> B. The apparent low bidder is not certified as a Small Business, and has not filled out and signed the "Request for <br /> Small Business Preference and Non-Small Business Subcontractor Preference." <br /> Contract No. 10-OM7104 <br /> 104 <br />