AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 204

LARGE ADDITIONAL ATTACHMENT(S) to Public Resource's Second Motion for Summary Judgment by PUBLIC.RESOURCE.ORG, INC. 202 MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 203 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: # 1 Public Resources Statement of Disputed Facts, # 2 Public Resources Evidentiary Objections, # 3 Public Resources Request for Judicial Notice, # 4 Declaration Carl Malamud, # 5 Declaration Matthew Becker, # 6 Consolidated Index of Exhibits, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24, # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 27, # 34 Exhibit 28, # 35 Exhibit 29, # 36 Exhibit 30, # 37 Exhibit 31, # 38 Exhibit 32, # 39 Exhibit 33, # 40 Exhibit 34, # 41 Exhibit 35, # 42 Exhibit 36, # 43 Exhibit 37, # 44 Exhibit 38, # 45 Exhibit 39, # 46 Exhibit 40, # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43, # 50 Exhibit 44, # 51 Exhibit 45, # 52 Exhibit 46, # 53 Exhibit 47, # 54 Exhibit 48, # 55 Exhibit 49, # 56 Exhibit 50, # 57 Exhibit 51, # 58 Exhibit 52, # 59 Exhibit 53, # 60 Exhibit 54, # 61 Exhibit 55, # 62 Exhibit 56, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59, # 66 Exhibit 60, # 67 Exhibit 61, # 68 Exhibit 62, # 69 Exhibit 63, # 70 Exhibit 64, # 71 Exhibit 65, # 72 Exhibit 66, # 73 Exhibit 67, # 74 Exhibit 68, # 75 Exhibit 69, # 76 Exhibit 70, # 77 Exhibit 71, # 78 Exhibit 72, # 79 Exhibit 73, # 80 Exhibit 74, # 81 Exhibit 75, # 82 Exhibit 76, # 83 Exhibit 77, # 84 Exhibit 78, # 85 Exhibit 79, # 86 Exhibit 80, # 87 Exhibit 81, # 88 Exhibit 82, # 89 Exhibit 83, # 90 Exhibit 84, # 91 Exhibit 85, # 92 Exhibit 86, # 93 Exhibit 87, # 94 Exhibit 88, # 95 Exhibit 89, # 96 Exhibit 90, # 97 Exhibit 91, # 98 Exhibit 92, # 99 Exhibit 93, # 100 Exhibit 94, # 101 Exhibit 95, # 102 Exhibit 96, # 103 Exhibit 97, # 104 Certificate of Service)(Bridges, Andrew)

EXHIBIT 88

NCB Coordination Sheet

Department of General

Services

Division/ Assistant/ Phone Number:

EO .Assignment Number:.
'

- "'

-

Document Identification
Building Standards Commission

..

. ..

Subj~.ct:
'NCB's for Publishing Title 24 Code
Books·

Program/Contact Person/Phone Number:
Katrina Benny

916-263-1350

Action Requested
CBSC is seeking NCB approval for our Publishing Contracts of the 2016 Triennial, Title
24, California Code of Regulations, this NCB process is renewed every 4.5 years.

Brief Description of Package
4 sets of NCB Contract Justifications, Contract Adverting Exemption Request and OSP
Printing Waiver, for publishing of the 2016 Triennial Title 24, California Code of
Regulations.

Routing & Approvals
By signing this form, I declare that I have no direct or indirect investments,
real propertri or interest in any company, business entity, or organization
that may involve this project or contract.
Program Approv;ak .
Program Author ~
j
i Katrina Benny
'( /./-''
0

G

Program Reviewe~
Jim McGowan

..

Date

Exe. utive Office
c

nl2D\10

Chief Deputy Director

.tf,-z$~~

Agency
. .
Secretary (Must approve before
routinQ to PD)

,,

~

Procurement and Contracting Official
(PCO)- (AD Deputy Director)
Office of Legal Services

..

Alel< Holtz

.Deputy·oirector Approval

Date

'

..

·oate .

..
Proofed by:
Deputy Director As~istant

.

..

I Enclosed {cfrcfe one):

Disk

or

C'Q

I

Exe~utiv~ Offl~e Copy : ..

Comments

Original Sent to EO on: _ _ _ _ _ _ __
Rev.10-09 Use this for NCB Routing only

By: - - - - - - - - - -

A Jt EXHIBIT_:L
f'{\.6-_v v .e_l\\
Depont:: \ q _\ "\
Date-Rptrwww.o£P0soott.c0M

PRO_00255926

PRO_00255927

Department of General Services
Procurement Division
GSPD-09--007 (New 11109)

·For .PD . J~e. ot:lly .
I

NGB#:

.....

NON-COMPETITIVELY BID (NCB) CONTRACT JUSTIFICATION
For.use on all information technology (IT) and non-IT goods and services acquisitions.
Atiach to Std. 65, Std, 66 or Std. 821, as applicable.
This justification document consists of two (2) pages. All iniorrnation must be provided and all questions must be answered. The "Required Approvals"
secilon must lncllide a date for each slanature, as annropriate tor the transact.ion .

. RequestinQ De :iartmei:itlnformatlon
Department: OGS ~
Californla Building Standards Commission {CBSC)

Agency:
Governmental Operations

("Includes Boards, Commlssions, and Associations}
I

Institution (if applicable):

Contact/Buyers Name:
Molly Lovett

Telephone:
(916) 376~1844

FAX:

f

t
l

!
j
!

Mailing Address:

I

Same as above

(916)
E-Mail!

I

!

Techn·ical Contact Name;
Katrlna Benny

-:. · -:-:::: :;,";/ _:~•.. 1 ·.::;.::, :<.';: ~
-' ,;:.:-:

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I

Deoartment Contact int.ormation
''
Street Address:
2525 Natomas Park Orive, Suite 130
Sacramento CA 95833

)

I E-mail:
[e-mail]

Telephone:
( 916) 263-1350

·::: ,.:o",';d~~'fii.rtecreontiia4f1of0r:m~tIotf:/.·,· > . ·.,:.'., ·;..'.:··~:'•::·:· ··.;: ;·-:;,•·: ....,
.. ·=.

.'

Contractor Name:
. International Code Council (ICC)
Contractor Address:
5203 Leeburg Pike, Suite 600, Falls Church, Virginia 22041-3405
Total Original
Contract Amount:*

$

o.oo

Amendment
Amount:" (If applicable)

$0.00

Original Contract
Amount Excluding:*"

$

('Includes original
contract and previously
approved amendments)

("lncludes original contract
and-previously approved
amendm~nts)

Amended Contract

Amount:~

Has work
commenced?
[8l No
0 Yes

$NIA

NIA

("Current amendment only)

I

Have goods been

('Includes orig!nal
contract and all
amendments, including
current amendment)

acquired?

0

[8J No

Yes

Attach '.!Xplanaiions for any
"Yes" answers.

·.?ro,lld.e11•br.lel:~B'r-!of)e,p~o.Ulj~'\aP."Ci!-U$ilien,~
in~lutlliia ;ijlJ~p.c;ii:Js:~n.d./.oj-1
$~t¥ltfos_:1he;contrac.for wnl:~roi,icle: ·

JGC will provide services for the publication of the 2016 triennial edition of California Code of Regulations, Title 24, Parts 1
(CA Building Standards Administrative Code), 6 (CA Energy Code), 7 (Vacant), 8 {CA Historical Building Code), Part 11
(CA Green Buildino Standards Code), 12 (CA Referenced Standards Code), and all supplements and errata these Parts.

..·;:·:··:,i;¾f({i '.; ·_:::,::;-:,;·~,?:·:.;\ ;C"':•, :-t::· \\rJ-'•¢0.ntraci':Tvne,:and:Teinf>I::i. :, t-::;(:.\ '\.~,.- .. :··,: ..· . :.,;.:· ·.'
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.
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,:,,f:
:
Contract Tenn:

Contr<ict Ty. e:
p
Select One:

D

[81

•
D
D

Non-IT Goods
Non.IT Service
IT Goods
IT Service
fT Goods &
Seivices

Type of Award:

Begin: 07/01/2015
End: 12/31/2019
Explain late contract submittal

CMAS:
, Ma. ter:
s
i Competitive:

: :' , .

•.

·,
~
!

Will this transaction be
financed?
No _x_ Yes - -

•
•
•
•

tfyes, attach the Statement of

Compliance to the State Financial
Markeiplace to this form
I
... : ··..~ !-( ~-~;t ~f~~)~~~tI?f!i ~~- ~~'f-{f~;.~;::t": .1~~};.f< .~~ tRiWif.eOSAtJDrti~IS:!;~:1;:?}..~ :;Wif~~;~-i;ziYi~{:~ftitf~J;:.}~)~-.:~:~ i~\ ~..:~;-:. ~ .~-.; I
~:
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(
~§
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Department
Agency
Dept. of General Services

Q_~

Ir

0

(services only):

Denied

'5'~?'$ ~

\ Form 42:

•

-

Approved

0

D Approved

Denied

D Denied

I

::>

Signature of Director or Designee/Date

Signature of Agency Secreiary or Designee/Date

Signature of Director or Designee/Date

Jim McGowan
Type Name of Director or
Type Name of Agency Secretary or
See next page instructions
See next paQe instructions
Remit completed fo!Tl'I to:
••Excluding sales and use tax. finance charges, posiage and handling.
Shipping charges are also excluded from the dollar threshold limits
uniess the shipping charge is included in the evaluation such as Free
On Board (FOB) Origin, Freight Collect or FOB Destination

I

Type Name of Director or Designee

. ..

f

Procurement D1
v1s1on
Intake and Analysis Unit
nd
707 Third Street, 2 Floor, MS201
West Sacramento, CA 95605

PRO_00255928

Department of General Se,vices
Procurement Division
·
GSPD·09-007 (New 11109)

Signature Instructions for Agencies with an Agency Secretary
This form requires approval by Agency Secretary or Agency Undersecretary and the department director or designee. The Agency
Secretary may designate one person, In add!Uon to Agency Undersecretary, to sign on his/her behalf, of cabinet officer level (e.g.,
Assistant Undersecretary, Deputy Secretary,.etc., the actual title is dependent upon the Agency's organizational structure). The
department director may delegate review and approval authority to his/her deputy directors and/or the Procurement and
Contracting Officer. The director's designee shall send ratification notification to their director upon the designee's approval of
the NCB transaction. The typed name and signature must match for both signatures.
Signature Instructions for Agencies that do not have an Agency Secretary
This form requires approval by the highest ranking executive officer or designee. The highest ranking officer may designate one person to
sign on his/her behalf subject to DGS approval. The highest ranking officer may delegate review and approval authority to his/her
deputy directors and/or the Procurement and Contracting Officer. The designee shall send ratification notification to their
highest ranking executive officer upon their approval of the NCB. The typed name and signature must match.
Complete responses must be provided for all of the following items.
A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW:

1. Why is the acquisition restricted to this good/service/supplier?
(Explain why !he acquisition cannot be competitively bid. Explain if this is an emergency purchase or how the supplier is Ire only source for the
acquisition and reference tile PCC that applies, i.e., 12102, 10301/10302, ~r 10340.

The California Building Standards Administrative Code (CBSAC), California Energy Code (CEC), California Historical
Building Code (CHBC), California Green Building Standards Code (CGBSC) and California Referenced Standards
Code (CRSC) are not based on model building codes. However, in an advice letter dated June 6, 2001, from the
Department of Justice (DOJ), it was stated that, "If it obtains the appropriate administrative approvals, the [California
Building Standards] Commission may arrange for publication of [all parts of] the [California) Building Standards Code
on a sole-source basis." The reasoning given was that it may be more cost effective and there would be more
uniformity if the non-model code based parts were published by one of the model code publishers publishing the
model code based parts.

2. Provide the background of events leading to this acquisition.
The publication of the CBSAC, CEC, CHBC, CGBSC and CRSC was comp~titively bid, prior to DOJ's letter. No
publisher could outbid the model code publishing organization, which bid to publish these codes for no money. After
a few years, the model code publishing organization became the only bidder.

3. Describe the uniqueness of the acquisition (why was the good/service/supplier chosen?)

In an advice letter dated June 6, 2001; from DOJ, it was stated that, "lf it obtains the appropriate administrative
approvals, the [California Building Standards) Commission may arrange for publication of [all parts of] the [California]
Building Standards Code on a sole-source basis." The reasoning was that it may be more cost effective and there
would be more unifonnity if the non-model code based parts were published by one of the model code publishers
publishing and selling the model code based parts.

4. What are the conseqµences of not purchasing the good/service or contracting with the proposed supplier?
If the commission does not cpntract with ICC to publish the CBSAC, CEC, CHBC, CGBSC and CRSC, it will cost the
state to have them published, uniformity would be lost in the publication of the California Building Standards Code,
arid potentially the commission.would have to enter into another contract for the sale of the CBSAC, CEC, CHBC,
CGBSC and CRSC, if the publisher would not also sell them.

5. What market research was conducted to substantiate. no competition, including evaluation of other items
considered?
The publication of the CBSAC, CEC, CHBC , CGBSC. and CRSC was competitively bid, prior to DOJ's lettei. No
publisher could outbid the model code publishing organization, which bid to publish these codes for no money. After
a few years, the model code publishing organization became the only bidder.

2

PRO_00255929

Oepeitment of General Seivlcss
Procurement Oivi~ion
GSPO-00-007 (Nsw 11/00)

13. PRiCE ANALY5i5

1. Ho\V\~1as tho prl~ oi-rored determin~ii fo be:fafr IHIG raasr:mabie?
"
(Eliplalli w~at "the i:!asi& was fo'r"coinpir.s· ri elici:tnclucle CllBt ansJysai;'.is :ippllc:ibla.)
o

There ism cost involved in ~his contr~ct The publisher recoups·Its publication costs In sale$ of the codes.

·2;

Describe -ahy ·cosfsavli1gs rGaliza. :or. cosfa :ovolditid by ::i~quirlng the go0!ls/services from this supplier
d
There is no cost involved in this contract. The publisher recoups its publication costs in sales of the codes.

3

PRO_00255930

Department .of General Services
Procurement Division
GSP0-09-007 (New 11/09)

Non~Competitively Bid (NCB) Contract Justification
Corrective Action Plan
This section must be completed for any NCB that could have been competitively bid but was not due to insufficient time to complete the
competitive acquisition process. This does not apply to emergency procurements in accordance with PCC Sections 10302, 10340(b)(1)
and 12102(a)(2).

Complete responses must be provided for all of the following questions:

1. Why is the submission of a NCB necessary and what are the determining factors that caused the problem?
Explain why your department has not conducted a competitive bid. Provl_de the background of events (timeline) leading to the submission of this
NCB. Identify any critical time delays or issues that prevented your department from completing this acquisition using a competitive process
(i.e., budget, approvals. and/or appropriate analysis).

2. What are the consequences of not having this NCB approved?
Describe in detail the impact to the department and to the program(s) if the NCB is not approved.

3.

How will your department ensure adequate planning
that should have been competitively bid?

to prevent submittal of NCB's for goods or services

Provide a detailed plan of your department's efforts to improve your acquisition planning to maxirni:ze the use of competition to meet your needs.
This plan must include how the department will provide for a tracking system to ensure timely review of upcoming requirements. Departments
acknowledge that submission of a corrective action plan is the basis for how the department will provide for sufficient time to use competition in
the acquisition process. Failure to follow the Corrective Action Plan may result in the toss of your department's delegated procurement authority.
This plan must be kept on file for future auditing purposes.

4

PRO_00255931

STATE OF CALIFORNIA- GENERAL S'ERVICES PROCUREMENT oiv;siON

Government Code Secfior. 14825 {et seq.) requires that all
agreamen1s entered lnto by slate agencles for services shall be
published In the California Stale Contracts Register (CSCR),
unless exempted. Agreements which have been exempted by
Department of General Services shall be Hsted in the CSCR.

CONTRACT ADVERTISING l;:XEMPTlON REQUEST
(IN CALIFORNIA STATE CONTRACTS REGISTER)
STD, 821 (REV 10/2005)
.

•

TYPe OF ReaUE.ST (CJ,cck Oll<1)

r7J 1','0N·COY.PETITIVELY BIO (NCB)
l!.J c o ~ JUSllFICATIO!II (attael> NCB)

rrnaECOM RE!ATtO SERVICES

30140

NA'°"

CCNTRACT DESCRIPTION

r. Bennv
Katrina

IMSC05ej

'

I

California Building Standards Commission

oErARJMENT,

C ll
-

I

Publication contract for the publication of the 2016 trienniai
edition oftbc California Code ofRegulations, Title 24. Parts !, 6, 7
(vacant), 8, 11, and 12.

DMSION:

2525 Natomas Park Dr. Ste 130

ADDRESS:

ctTV,BTA,e.21
P:~cramento, CA 95833

!

__j

CONTRACT NUMBER

! !ELEPHDII::: NUMBEH /NorcALM:1•/l>CIIXfo Atr!a CCI!&)

I 916-263-1350

CONTRACT AMOUNT

CC"lTRACTPEJ:;100

AIAEl<!l'IENT AMCJJNT ff! _ ,
r.,.b/oj

$0.00

07/01/2015- 12/31/2019
FEDERAL EMPLOYER IDENTlf-lCATION

PROVIDE
{CONTFACTOR'S NAME
CONTRACTOR'S
International Code Council (JCC)
NAME AND ADDRESS
CONTRACTOR'S ADDRESS (N1Jw.,or, ~ /

ONLY lF A NON•
COMPETITIVELY BID
(NCB) CONTRACT IS

NUMBER

5203 Leesburg Pike Suite 600
-,------,----'- - - - - - - - - - - - - -- - - - - - - - - - - - - - -- - (City, srnre, ZIP CDd~}

Falls Church, VA, 22041-3405

PROPOSED

An exemption from advertising In the California State Contracts Register is not an exemption from
Disabled Veteran Business Enterprise (DVBE) participation 9021attainment.
EXEMPT!Oll JUSTIFlCATION (Attoch sddiffonol tl>oeis if nectSs:J,Y}

The California Building Standards Administrative Code (California Code of Regulations, Title 24, Part 1), California Energy Code (California
Code of Regulations, Title 24, Part 6), (California Code of Regulations, Title 24, Part 7 - Vacant), California Historical Building Code

(California Code of Regulations, Title 24, Part 8), California Green Building Standards Code (California Code of Regulations, Title 24, Part
11 ). and the California Referenced Standards Code (California Code of Regulations, Title 24, Part 12) are not ba.~ed on model building codes.

However. in an advice letter dated June 6, 2001, from the Department of Justice, it was stated that, "if it obtains the appropriate administrative
approvals, the [California Building Standards] Commission may arrange for publication of[all parts of] the [California] Building Standards
Code on a sole-source basis."
The reasoning given was that it may be more cost effective and there would be more uniformity if the non-model code based parts were
published by one of the model code publishers publishing the model code based parts.

,:v'.tt1;~btt;f..B~:g:\il.1:1~. t~Vi~lft.",, -~
~
ACTION TAKEN ON REQUEST

0
OATESIGNED

,5:".-J7.
SENDTO:

AP.PROVED

AUTHORIZED SIGNATURE

-1::;;:-

&

O

-~-~L:.f•.' h,.:-,·; ~
'-

-~..
:

DENIED (See Below)
DATE SIGNED

COMMENTS

I

lMSCOOS

NA.ME:

7

Z-1

DEPARTMENT OF GENERAL SERVICES
OMSIO/c
PROCUREMENT DJVISlON
,oo~ess, 707 THIRD ST., Second Floor
· CITY. STATE. ZIP:
WEST SACRAMENTO, CA 95605
OEPAATMENT:

L

_J
Department: Retain Last Ccpy

PRO_00255932

STATE OF CALIFORNIA- GENERAL SERVICES PROCUREMENT DIVISION

· CONTRACT ADVERTISING EXEMPTION REQUEST
(IN CALIFORNIA STATE CONTRACTS REGISTER)
STD. 821 (REV. 10/2006) REVERSE

INSTRUCTIONS
An exemption from advertising in the California State Contracts Register is not an exemption from Disabled
Veteran Business Enterprise (DVBE) participation goal attainment.

1. Submit the original and one copy of the completed form and all supporting documents to the Department of
General Services, Procurement Division for review and actiou. (Attach completed, NCB Contract
Justification fonn as applicable.)
2. All applicable elements of the Justification form must be completed or the request may be denied.
3. Do not provide the name and address of the proposed contractor unless the request is to enter into a contract
on a non-competitively bid basis.
4. All requ~sts must include comprehensive justification.
5, Non-competitively bid contract justifications must _
include a narrative of the efforts made to secure similar
services from other sources. Refer to the State Contracting Manual Section 5.70.

GENERAL Ll\TFORMATION
It is required by statute that State agencies advertise and bid all contracts for services over $5,000. It
is the agency's responsibility to develop and adopt contracting procedures which maximize
competition and effect timely and proper contract award and execution.
The STD. 821, Contract Advertising Exemption Request, allows the Department of General Services
to exempt agencies from these requirements when such action is justified.
Exemption is granted by either an approved request to be exempt from advertising in the California
State Contracts Register or by an approved request to enter into a contract on a non-competitively bid basis.
Definitions ofRequests:
REQUEST TO BE EXEMPT FROM ADVERTISING - A bid is going to be conducted. Request
is made to be exempt from the requirement of advertising in the California State Contracts
Register, which is required by Government Code Section 14827 et seq. The request is made
because: (1) the exemption is necessary to preserve life or state property, or (2) there is an interest
to the State that is so compelling that the agency believes an exemption is warranted.
REQUEST FOR NCB CONTRACT • Request is made to be exempt from competitive bidding.
because: (1) there is only one supplier that can perform the service, or (2) there is an interest to
the State that is so compelling that the agency believes it warrants forgoing the competitive process per
Public Contract Code Sections 10348 and 10380.
Refer to the State Contracting Manual for additional in.fonnation.

PRO_00255933

.-.. ~.

~

Date:

May 18, 2015

To:

DGS - OBAS
707 3rd Street
West Sacramento, CA 95605

From:

Katrina Benny, Staff Services Manager I
Building Standards Commission

Subject: Certification Requirement- NCB, ICC Part 1, 6,

7 (vacant), 8, 1"1 and 12

l certify that this purchase is vital and mission critical for the Building Standards Commission.
The California Building Standards Administrative Code (CBSAC), California Energy Code
(CEC), California Historical Building Code {CHBC), California Green Building Standards Code
(CGBSC) and California Referenced Standards Code {CRSC) are not based on model building
codes.
However, i.n an advice letter dated June 6, 2001 , from the Department of Justice (DOJ}, it was
stated that, "ff it obtains the appropriate administrative approvals, the [California Building
Standards] Commission may arrange for publication of !all parts of] the [California] Building
Standards Code on a sole-source basis." The reasoning given was that it may be more cost
effective and there would be more uniformity if the non-model code based parts were published
by one of the model code publishers publishing the model code based parts. -

~~~
Katrina Benny, Staff Services Manager I
Building Standards Commission

Excellence in the Business of Government

PRO_00255934

PRO_00255935

<

Sf,';f!: OF {)ALIFORNIA~ 0 ~ of State PYWshill.,g

SERVICE RELEASE REQUEST SPeCIFlCATJONS
. ,;

OSP 55(),NE\f'.J (07/2012)

.

AJ/'fia/ds ET)? required (enter ~NIA~ if not appifcable).
Fax this comp!~tr)tJ.ft:mn to: 91'6.323.4305 -er .
ema11 it to your OSP Customer ~ervi~e Rep~s{frntst~1~:PATS Cl' RE.QlraST

!OS? l:S'TIMA!s:NUMB: R (lfllVl!llolllo) ..

·. ''t

0

5/20/.2Q'l5
AGENCY

Builqing Sta·11dards Commission
' PRCJECTTm.E

' :-:, :.

Publication of CA Code of Regulations, Title 24, Building Code Volumes 1:-:-12 : .
DU!SDATI:

Trlennial Pi.ibllCliltions

· NIA

SPEClFlCAiaONS
PROJECT oi:snl!IPTION

rONTRA.C'r A:N'..CUl\;,. ll>,mr. :ap,,lleub~J

. Bullding Standards Code Books
Qllli'ffi'l'Y

.13 Volumes
,,,,,-ER

Various
llli'il.lt!<~f

Binders +Printed Subscriptions

.

SIIE-.

$0.00
CONT,'!ACT 't@JJI

B 1/2 X 11-

..

4.5Y.ears

PACl<A!llll-/l3

,,
a-

INK:

mall or ship•

..

PROOl'S REQu:ns;

Oves 0Nc

::

•,V,'1,c/J 6~0DS OfWIJ/',

Number mColoro: _t.,___
Large .Sofirus: Ov-es
No
. ·a1eeos:· 0Yes
No

·. •
·.•

oHIPTO

Subscriptions
ll!A!•.,ING lNSTRUCTIOIIS

Varies
S~1:ClAL JNS'mlJC'110NS

SER>.nCF. REI.EA6Z JUSTll:JCA'nDN

All 13 Volumes of the California Code of Regulations, Title 24, Bullding Codes are - opyright model code
c
materials from 3 organizations, lntemailonal Code Council, lntemailonal ,~ociatton of Piumbing and
Meci'lanlcal Officials and :the National Fire Proteciion Assoelatlon..
r 1;

==

CONTACT INFORMATION
W>li\E

Kat,ina Benny
Ta.EPMO~•..

i:lAAIC'AOOIWi3

.916:-263--1350

ka1rina.benrw,@c1_
gs.ca,~ov

CSP C:USTOtAER BERVJCE REf'RE&-::::NTA'JiVl:

.Jam~is.Grlffin

PRO_00255936

STATE OF CALIFORNIA-Office of Slate Publishing

. SERVICE RELEASE DETERMINATJON
OSP 551 REV: (1/2013)

The Office of State Publishing has reviewed the specmcations and
delivery time frames for the project below. Piease keep this notice with
related contracting information as your documentation.

SERVICE RELEASE INFORMATION
~EQUEST FOR PRINTING SERVlCES NUMBER

05-2 '!-404-50-06188

DATE. Oi= REQUEST

=XPIRATION Df.TE OF S:RVICE R:.c.~.S~

. 5/20/15

~EVl:WE08Y

Noel Soliz
AGENCY
DGS

CONTACT NAME

AGENCY CODE

CONTACT PHONE

404

263-1350

Katrina Benny

~ROJECTTITLE

Publication of CA Code of Reguiations, Title 24, Buildlng Code Volumes

~

- 12

~ROJECT SPECIFICATIONS

COMMENTS

:lSP CUSTOME~ SERVICE REPRESENTATIVE

James Griffm

CSR PHONE

916-322-1006 .

STATEMEITT OF FACTS
CHEGK APPUCABLt JUSTIFICATION STATEMENT(S):.

D (A) OSP does not have production time available to meet the customer's required deadline.
0
0

(8) OSP does not have the equipment necessary to produce the requested product

OSP VE:ND•OIJi

'. Oves r;g)No
OSP SERViC:. R!:LEASE

[g)Y.es

0No

(C) OSP does not have- the expertise to successfuliy produce the requested product.

O (D) OSP cannot accommodate the required turnaround lime. {less than 5 working _days)
O (E) The customer's location/shipping address does not make it feasible for OSP to accept the work.
~ (F) Other Copyrighted Materials
DETAILS

PRO_00255937

Depi:utment of General Services
Procurement Division

'for P~ Use on!):' :

GSPD-09-007 (New 11109)

'NQJ3-#: .•• •·• ...
•

NON-COMPETITIVELY BID (NCB} CON.TRACT JUSTIFICATION
For use on all informa1ion technology (IT) and non-IT goods and services acquisitions.
Attach to Std. 65, Std. 66 or Std. 821, as applicable.
This justification document conslsts of two {2} page_. All Information must be provided and all questions must be answered. The "Required Approvals"
s
section must :r.clude a date for each signature, as appropriate for the transaction.

RequesfimfD.e :ia'riment Information
Department: DGS •

Agency;
Governmental Operations

California Building Standards Commission (CBSC)
(*Includes Boards, Commissions. and Associations)

Institution (if applicable):

·_ Department Contact1nfor.mation

..

Contact/Buyers Name:
Str,eetAddres-s:
1--M_o_v L_o_v_ett _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2525 Natomas Park Drive, Suite 130
ll..,__
_
Telephone:
Sacramento CA 95833

[phone]
FAX:
Mailing Address:
f-{'""9-'--1"""6),.___ _ _ __ _ __ _ _ _ _ _ __ _- i Same as above
E-Mail:
Technical Contact Name:
Katrina Bennv

Telaphone:
( 916) 263-1350

E-mail:
katrlna.bennv@.dqs.ca,qov

I

Contractor NalTie:
International Code Council (ICC)
Contractor Address:
5203 Leeburg Pike, Suite 600, Falls Church, Virginia 22041-3405

Original Contract
Amount Excluding:**

Total Original
Contract Amount:*

Amendment
. Amended Contract
Amount:* {If applicable) Amount:"

$ 0.00

$0.00

$

(*Includes origir.al contract
and previously approved
amendments)

(*Includes original
contract and previously
approved amendments)

{'Current amendment only)

$ NIA

NIA

{*Includes original
contract and all
amendments, including
current amendment)

Has work
commenced?

0

Yes

{gJ No

Have goods been
acquired?

D

Yes

18) No

~~~s':1a~~:':.tfons for any

Pr6vide.:a_{br:ieNll11$.PriPti'o.n:O(tb'e:a.ri(iutsinol'J,';Ji:i:cilicfiij~1:;3Ibia),>.~~iaJ:\tl/gf:.sent,i,t:~.ith~:c;Qn1r-,n~for:wiU·,nro:v-de:· ··, ·•··,· ,.
i
ICC will provide .services for the publication of the 2016 triennial edition of California Code of Regulations, Title 24, Parts 2
(CA Building_Code), 2.5 (CA Residential Code), 9 (CA Fire Code), 10 (CA Existing Building), and all supplements and

errata to these Parts.
Contract Type:
Select One: 0 Non-IT Goods
!8J Non-IT Service
0 IT Goods
0 IT Service
0 IT Goods &

Contract Tenn:

i Type of Award:
;

Begin: 07/01/2015
End: 12/31/2019
Explain late contract submittal
(services only):

CMAS:
Master:
Competitive:

Form 42:

Services

Department

~ A~~
"----/.::..._, I ·~ J

·1

D Denieo

I

0

•

I

Yes _ _

I

lf yes, attach the Statement of

0

Compliance to the State Financial
Marketplace to this form

Dept. of General Services

D Approved

D Denied

<-ZiJ-G --- - - - - - - - ~- - -

(signature of Director or Designee/Date

No_X_

O

Agency

D Approved

!
l

Will this transaction be
financed?

Signature of Age hey Secretary or Designee/Date

O Danied

Signature of Director or Designee/Dale

Jim McGowan
Type Name of Director or
Type Name of Agency Secretary or
See next. page instructions
See next page instructions
"Excluding sales and use tax, finance charges, postage and handling.
Remit completed form to:
Shipping charges are also excluded from the dollar threshold llmlts
unless the shipping· charge is included in the evaluation such as Free
On Board (F.08) Origin, Freight Collect or FOB Destination

Type Name of Director or Designee
Procurement D1v1s1on
Intake and Analysis Unit
707 Third Street, ·2nd Floor, MS201
West Sacramento, CA 95605

PRO_00255938

0$1>artment af Ganimil S&JV!r.oa
Procuratnant Oivillion
GS?0-09-007 (N;;w 11109)

:Slgill,ature·lnstnJcfions for AgcmciE.-s wah an A:geltC'tJ Secr~tary
This form requires approval by Agency Secrel.aiy nr Agency Ur,rler~clary and ihe depm1menl directer or deslgnee. 'The Agsn.ey
Secretary may designele one parson, in addl!ion t.:i AgenC'J Unoers9t?f&ta1y, to sign on his/her behalf, of cabinet officer lwel (e.g.,
Assist.int tJntJersecretary, Deputy Secretary, etc., the actual title is dilpend1:mt JJpon the A!lency's organizational sructure). Th<?.
department director rm,y cleleg.ilte review and approv~I ~uthority to hlMher-deputy directors and/or the Procurement and
Contraciing Officer. The director's designee shall s1em:! ratification notiflcl:llion to their director upon the deslg:me's approwil of
the NCB transaction. The ltJped name and signaiure must ma'lch for bolli signatures.

Si9nat1mi lr.structions for AgDnciin.; that do not have 1:1n Agent:y Ss-cretary
This form raquire.~ approval by"tha h\ghast ranking exei:;,Jlive oflie9r or designee. The highest r.ankin.g officer may designate one peroor. to
e
,;ign on his/her behalf sI1bject to DGS approval. The i'Jghest renk!ng offic!a'lr may oelegate r.i;,vi, w and ~pproval aulhoriiy to hisiher

deputy directors and/or 1he Prot::umimmt and Contracting Ofticsr. The desig11ee shall ssni:I ratification notificatinn to tlleir
highest ranking ex.eculive officer upon their spprov:al of hie NCB. Thb iypetl mi:a1e and signature must match.
Complete w.sponses ;:rmst be prl)v}deci for all of the following Items.

A. .TH.IE GOODJSEBWCIE REQUESTED IS RESTRICTED TO ONE :§.ll?.J:!..IE~ FOR ltHE B,Es~ON§ :STATED B'ELOW:

'L Why i.;; the acq.uisiitlon r~t.ricted to·this g.oodl.1Servlcelsupp!i.,r?
(E.xplllln wllY 1h!l Br:quisUi~n cannot be campetiti'lely bid. E.s11l~in if1hts is zn em,rgenq purclw,~.;:, er how Iha supplil!r i$ tl1e only t:~~rcu fer the

eCXjYlsitlon and rel?.:rence lite FCC that a~plle,, 1.e., 12102, 1030li10302, -0r 103~0.

The Ca!ifomta Building CQde (CBC), California Residential Cods (CRC), California Fire Code (CFC), and California
Existing Building (CEEC) will be based on four model building codes, :lhe International Building Code (18Cj, the
lntenmtional Residential Code {IRC), the lniernational Fke Code (IFC), and ta'1e lncernationsl Existing Building Code
{IEBC), respec!il.•ely. The Caufomia o:ides include bGth provisions of the model codes and amendments to those
codes adop!ed by California.
ICC owns the copyrights toihese model codes; tncreiore, ICC mustte the publisher of the CBC, CRC, CFr;::, and
CEBC if they are each to going tci eon'cain mctlel code provisloris ?i'ld Calitomi~'s arnafldmerits to lhe model codes.
If ICC Is no1 the publisher, California's amandmsnts to ·!he IBC, l~C, and EE-SC could not be published with th~ !BC,
IFC, and IEBC provisions adopted by CaHtomia.

2. Provide the backgrouncl ot events leadina to this a~quisiJtlon,
Throughout most of the 1980:s, California publishad only i:he amendments ii m;id~ 10 ihe model building codes, using
:the Office of Stale Publishing as the pubiisher. The building induutry ~id nc like having to r~fer back-and-forth
•t
hetween model code books End b· oks conlalning C.allfomia's amendmemts to Iha mode! o::idss. Then,fore, in 1989,
o
publii;anon sgraements were entarad into. pursuant to Heilllto and Safety Code Section ·1
8928.1, so tnat Calik:irnia's
.irnendmants eould be pt1blisnoo Wi!h the model cotles !hey amend~d.

3. Osm::ribu tho uniqurmess oi t~a acqui~itlon (why was the geod1!t~l\llt:tl/Bupplittr c:hoaon?)
ICC owns the copyrights to 1he modsl bullding {;Odes upon whlch the CBC, CRC, CFC, and CEBC are based.
Therefore, ICC must te the publisher of these C61ifomla building codes if lhey ar.s each going to contain mo.de! code
;rro\'isions and California's amandtnsnt:s to the rnodel codes.
.tl. Wh,:i,t aro t!J.e ccm-.equ~mccs cf not pum'husin11 the goodtm1wleo or eem1r1teting wm1 thtt proposed ~UP?lier?

If the commission does not cor.tract wm1 JCC to publish the CBC, CRC, CFC, and C:EBC, it wm not be able to have
the model codes actopted by CalJfomla published with Califomia's amendmernts to those model codes. ·rhe
publishing sit1.mtion will retl.lm lo itlat which existed in the 1980s wh~n Galitomia's amendments to the model codes
were not published with th1~ model codes they amended. Thltl was something tM bui!ciing iridustry found
problematic.

5. Wi'mt markfll res~rch was conductsd kl isu bstantuatiB no compet1fk1r.i, includhag svaluatlon of other i~ems
CODSld~rnd?
;
ICC owns the O:)py1ights to the modei building cod!'..:; urmn which the CBC, CRC, CFC, and CESC are based.
Therefore, ICC must be the publisher of thG CBC, CFC, ::ind CESC Ifthay ara -each to going to contain model code
provisions and California's amandmsnts to the mode'f codes. If the commission does riot contr,1ct with ICC, it will not
be able to hsve the model codes adopted by California published vvith California's amendments to ti'lese model
cocies. The building industry found the latter to ba unworkable.
2

PRO_00255939

Departrr.ont of Goneral Services
Pmcwem~ni Division
GS?C-09.007 (Nnw 1\/CO)

S. ?A.ICE ,l\t~ALYSIS

1.

Ht!W-V/3~ the -1:lfit:e ol%,~d

dete1·rn!ne.S to be }.11fr-am.l f.?asonab!3?

(Explaln li•iiaithe basii W ior: omi;arisonand "include:cost analyses as applicabie;)
B3 c

The;e is 110 cost invo~ied in this conlracl The publisher recoups its public:ation costs iii- sales of the codes.

:z.

Describe an}' cost. Sili'lings roa!i;:eti or costs avolch.;d by aequir-intf the gc,ods/zervi ces from this supplier
There is no cost involved in th.is con~ct. The publisher recoups Its publication costs in sales of the codes.

3

PRO_00255940

Department of General Services
Procurement Division
GSPD-09-007 (New 11/09)

Non-Competitively Bid (NCB) Contract J ustification
Corrective Action Plan
This section must be completed for any NCB that could have been competitively bid but was not due to insufficient time to complete the
competitive acquisition process. This does not apply to emergency procurements in accordance with PCC Sections 10302, 10340(b)(1)
and 12102(a)(2).

Complete responses must be provided for all of the following questions:

1.

Why is the submission of a NCB necessary and what are the determining factors that caused the problem?
Explain why your department has not conducted a competitive bid. Provide the background of events (timeline) leading to the submission of this
NCB. Identify any critical time delays or issues that prevented your department from completing this acquisition using a competitive process
(i.e., budget, approvals, and/or appropriate analysis).

2. What are the consequences of not having this NCB approved?
Describe in detail the impact to the department and to the program(s) If the NCB is not approved.

3.

How will your department ensure adequate planning to prevent submittal of NCB's for goods or services
that should have been competitively bid?
Provide a detailed plan of your department's efforts to improve your acquisition planning to maximize the use of competition to meet your needs.
This plan must include how the department will provide for a tracking system to ensure timely review of upcoming requirements. Departments
acknowledge that submission of a corrective action plan is the basis for how the department will provide for sufficient time to use competition in
the acquisition process. Failure to follow the Corrective Action Plan may result in the loss of your department's delegated procurement authority.
This plan must be kept on file for future auditing purposes.

4

PRO_00255941

STATE OF CALIFORNIA- GENERAL SERVICES PROCUREMENT DIVISION

Govemment Code Section 14825 (et seq.) requires that all
agreements entered into by slate agencies for services shall be
published in the Caifomia State Contracts Register (CSCR),
unless exempted. Agreements which have been exempted by
Department of General Services sheJI be listed In the CSCR.

CONTRACT ADVERTISING EXEMPTION REQUEST
(IN CALIFORNIA STATE CONTRACTS REGISTER)
S'TO. 821 (REV. 10/2006)

TYPE OF REOUES'f (C.l1eck or,o)

r7J
1.!.J

•

SERVICE TYP2

I0

NON•COMPETITIVELY BID (NCBJ
CONTAAC'f JUSTIFICATION (artBch NCS)

NON-rTt:ELECOM RELATED SERVICE

1

ITITELECOM REl.ATED SERVICES

30140
I CONTRACT DESCRIPTION

IMS COD:

r,AMe: I Katrina Benny

C-l l I

California Building Standards Commission

Ol:PAAllJ
.ENT:

I

1

Publication contract for the publication of the 2016 triennial
edition of the California Code of Rcguiatious, Title 24, Pans 2. 2.5. .·
9andl0.

lli\1SION,

AconeSS: 2525 Natomas Park Dr. Ste 130

Sacramento, CA 95833
,_

c,rY.STATE.2'P:t

_J

HONE NUMBER {NOi

COi\"TAACi AMOUNT

COITTRACT NUMBER

LNET-lnCIU<k>A/r:,, C e

916-263-1350
CONTRACT PERICO

...,,loNW91T AAlOU'-'T ('I,ApplaOloJ

07/01/2015 - 12/31/2019

$ 0.00

FEDERAL EMPLOYER IDEt.fTI FICATIO N

PROVIDE
{CONTRACTOR'S NAJtE
NUMBER
CONTRACTOR'S
International Code Council (ICC)
NAME ANO ADDRESS
CONTRACiOR' S ADDRESS (Numbor, St1G8I)
ONLY IF A NON•
5203 Leesburg Pike. Suite 600
COMPETITIVELY BIO
-=c-::-c---:::-::c-=-:c-:----- - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - ·
(NCB) CONTRACT IS
• /Oty, Stat~ ZIP Cede)
_

Falls Church, VA, 22041-340:>

PROPOSED

An exemption from advertising in the Callfornia state Contracts Register ls not an exemption from
Olsabled Veteran Business Enterprise (OVBE) participation goal attainment.
EXEMPTION JUSTIFICATION (Atta<~ •<i<lil/:,noJ $17octs If noco<sSfY
)

The California Building Code (California Code of Regulations, Title 24, Part 2), California Residential Code (California Co!!e of Regulations,
Title 24, Part 2.5), California Fire Code (California Code ofRegu1ations, Title 24, Part 9), and California Existing Building Code (California
Code of Regulations, THle 24, Part 10), are based on four model codes, the lntcmational Building Code, International Residential Code,
International Fire Code and the International Existing Building Code, respectiveiy. The California codes include both provisions of the model
codes an.d amendments to those codes adopted by California.
The International Code Council (l.CC) owns the copyrights to these model codes; therefore, ICC must be the publisher of these California
codes, if they are each going to contain model code provisions and California amendments to the model codes. lfICC is not the publisher,
California's amendments to the model codes cannot be published with the model codes provisions adopted by California. The building industry
found the latter to be unworkable.

l.·:-~:fitf:t.:f~\{~~©9,(~~~?JlEl')IT;iB~~!S!:O.J\1g:1_s1u>Nt:Y--.-·.: . : :. >.
=·

•

AC110N TAKEN ON REQUEST

•

.CALNET

SENDTO:

2?'..?--0'7/6

I

DJ\/ISJOr-t.

Cffi'. STATE.ZlP:

DENIED (See Below)
DATE SIGNED

COMMEITTS
JMBc:x>!;

.

AooRess:

•

-a?-1< &

,'!AME:
OEPARTMEIIT:

APPROVED

AUTHORIZED SIGNATURE

TEJ.EPl'!QlllE.NUMBER

I

7

Z-1

DEPARTMENT OF GENERAL SERVICES - - - ~
PROCUREMENT DIVISION
707 THIRD ST., Second Floor
WEST SACRAMENTO, CA 95605

L

__J
Departmen;: Retain Last Copy

PRO_00255942

STATE OF CALIFORNIA- GENERAL SERVICES PRCCUR::MENT DIVISION

- CONTRACT ADVERTISING EXEMPTION REQUEST
(IN CALIFORNIA STATE CONT RACTS REGIST ER)
STD. 621 (n.EV. 10i2006) REVERSE

INSTRUCTIONS
An exemption from advertising in the Califomia State Contracts Register is not an exemption from Disabled
Veteran Business Enterprise (DVBE) participation goal attainment.

1. Submit the original and one copy of the completed fonn and all supporting documents to the Department of
General Services, Procurement Division for review and action.
Justification form as applicable.)

(Attach completed, NCB Contract

2. All applicable elements of the Justification fonn must be completed or the request may be denied.
3. Do not provide the name and address of the proposed contractor unless the request is to enter into a contract
on a non-competitively bid basis.
4. All requests must include comprehensive justification.

5. Non-competitively bid contract justifications must include a narrative of the efforts made to secure similar
services from other sources. Refer to the State Contracting Manual Section 5. 70.

GENERAL INFORMATION
lt is required by statute that State agencies advertise and bid all contracts for services over $5,000. It
is the agency's responsibility_ to develop and adopt contracting procedures which maximize
competition and effect timely and proper contract award and execution.
The STD. 821, Contra(i Advertising Exemption Request, allows the Department of General Services
to exempt agencies from these requirements when such action is justified.
Exemption is granted by either an approved request to be exempt from advertising in the California
State Contracts Register or by an approved request to enter into a contract on a non-competitively bid basis.
Definitions _of Requests:
REQUEST TO BE EXEMPT FROM ADVERTISJNG - A bid is going to be conducted. Request
is made to be exempt from the requirement of advertising in the California State Contracts
Register, which is required by Government Code Section 14827 et seq. The request is made
because: (1) the exemption is necessary to preserve life or state property, or (2) there is an interest
to the State th~t is so compelling that the agency believes an exemption is warranted.
REQUEST FOR NCB CONTRACT • Request is made to be exempt from competitive bidding
because: (1) there is only one supplier that can perforn1 the service, or (2) there is an interest to
the State that is so compelling that the agency believes it warrants forgoing the competitive process per
Public Contract Code Sections I0348 and 10380.
Refer to the State Contracting Manua! for additional infonnation.

PRO_00255943

./ 5;,,N•.,w.1
:
... ..
(

• ""' 'c
J

Date:

.

May ·18, 2015

To:

'.,.

~

DGS - OBAS
707 3rd Street
West Sacramento, CA 95605

From:

Katrina Benny, Staff Services Manager I
Building Standards Commission

Subject: Certification Requirement- NCB, ICC Part 2, 2.5, 9 and 10

I certify that this purchase is vital and mission critical for the Building· Standards Commission.
The California Building Code {CBC), California Residential Code (CRC), California Fire Code
(CFC), and California Existing Building Code (CEBC) will be based on four model building
codes, the International Building Code (IBC), the International Residential Code (IRC), the
International Fire Code (IFC) , and the International Existing Building Code (IEBC), respectively.
The California codes include both provisions of the model codes and amendments to those
codes adopted by California.
ICC owns the copyrights to these model codes; therefore, ICC must be the publisher of the
CBC, CRC, CFC, and CEBC if they are each to going to contain model code provisions and
California's amendments to the model codes. If ICC is not the publisher, California's
amendments to the IBC, IFC, and IEBC could not be published with the IBC, IFC, and IEBC
provisions adopted by California.

~~~

~ ~~~;:Jg Standards Commission

Excellence in the Business of Government

PRO_00255944

PRO_00255945

STP,11: OF CALIFORNIA -Off//JO gf Stllte Fu~ hlng

SERVJCE !KEL.EASE REQUEST SPECIFICATIONS
OSF> ssq.NEW {0712012)

Alf'f'iefds srn tsqu;red (.enter "/IJIA" if not Applicable).
j;axthls oomp/et1u:l-torm to: 916.323.4305-or .
eimi11 It to your OSP Customer ~erviae Repr£Jsentetive;,
OS'P lUJ:T!~,lATi:: t~Ul,Ull!R 01 aslll!nbio) · -

PA"lt: OF REQUEST

5/20/2015

0

AG!:NCY

ai.11lclir.g Standards Commission

,

·p.noJECTTil'U:

Publication _of CA Coda of F'--egulations, Title 24, Building Code Volumes 1.-:·i2 .
DIJEDA1c

!Fll,E Rf.ADY DATE

. NIA

Triennial Publications

SPECirlCATIOJ\!S
.,

PJlOJEOT OEBCRIPTiON

CONT!1ACT AMOUNT" t.'lli~n .api,~b»i

. Bullding Stand_ards Code Books
Gu,,mrrv
.13 Volumes
PAPER

-

.·-

Vairious
o,,.,,.::,"
Binders +Printed Subscriptions

..

$11:1;. .

..

·_4.5 Y. ears

8 1/2 X 11·

INJ'•

Pl'.CKAGIMG

mall or ship .PROOFS REQl.llRE.D

_QYes

$0.00

001,fl'R/\CT11:Rl,1

0No

SHiPTO

.

'Athmlrl1CODG r>tmr,

Numb~r~ Colom: 4
Largs .Solials: [Jyes ·_ONo

,• ·sleeds:'OYee

QNo

---

Subscrip-tions
MAU.ING 11>16TRUCTIONS

V~rles
SPEClfoJ. -llS'IW.IC'l'iONS
l

811'1\llC.la RElV.GE Jl;IS'TIFIMTIO~J

AH 13 Volumes of the California Code of Regulations, ntle 24, Building Codes are copyright model code
· mat0rials from 3 organizations, !niernational Code Couno!l, lnternafional Association of Plumbing aoo
.Mechanical Officials and the Nai:lonal Fire Proteotlon Association. . •.. .
·CO?\l'f.ACT JN!=ORW!Ai!ON
HAI.IE

Katrina Benny

Ja!.i!~.Griffin .

PRO_00255946

STATE OF CALIFORNIA-Office of Slate Publishing

. SERVICE RELEASE DETERMINATION
OSP 551 R!::V: (1/2013)

The Office of State Publishing has reviewed the specffications and
delivery time frames for the project below. Please keep this notice with
related contracting information as your documentation.

SERVICE RELEASE INFORMATION
,EQUEST FOR PRINTING SERVICES NUMBER

·IOATt: OF REQU::ST

r=:XP!RATION DATE OF SERVICE R::..::'.AS::.

5120/15

05-21-404-50-06188
'l.EVIEW:::O!lY

Noel SOiiz
AG:NCY

!CONTACT NAME

Kairina Benny

DGS
AGENCY CODE

!CONTACT PHONE

263-1350

404

·

'ROJECT TITLE

Publication of CA Code of Regulations, Trtie 24, Building Code Volumes 1 - 12
~ROJECT SPECIFICATIONS
::OMMENTS

OSP CUSTOMER ScRVICE REPRE:lENTAT!Vi:.

\CSR PHONE

James Griffin

j 916-322-1006 .

STATEMENT OF FACTS
OSP VEIJP.OUT

CHECK APPLICABLE JUSi1FlCAilON STATEMEN'f(S):

0

(A) OSP does

LJ (B)

not have production time

available to meet tile c;:ustomer's required deadline.

l

0Yes

f ~Yes
' .

OSP does not have the equipment necessary to produce the requested producl

!XiNo

jOSI' S:RVICE R:LEASE.

0No

·D (C) OSP does not have the expertise to successfully produce the requested product.
O (D) OSP cannot accommodate the required turnaround time. (less than 5 working da~ s)
D (E) The customer's locatiol'l/shipplng address does not make li feasible for OSP to accept the work.
1

igj (F)

Other Copyrighted Materials

DETAILS

PRO_00255947

Dl9i:nrtmGnt of GanrJrnl Sorvf<;/')$
Proev~mem DMsio11
GSPD·'»-007 (New 11/00)

NON..COMPETIT!V~LY' $JD (NCB) CONTRACT JUSTIFICATJON
.Far usa Me~ ~orm.ailon taehr.o!ogy ,fli'J tll'ld 11011-JT good&·lllnd tiet11Jc:o~ aoqui~IIHJns.
Alrech to St,;. ·65, std. fi6 or Std. 621, .ea .!!pplltllbl9.
·ihis justification doc11111ent con:ustG of'two (2)·pagas. All infosmation mtm! , o pro\lY.led·,mr:h1U 'quesl!i:lns must b~ sh'lll'Ja/~. Toe 'Require<! Apprc•,:it~'
o
sedion mcat includo a datsfor aach :i n;;t,; as a re rlam wrtheminal!Cllon.
·.•:•· :-,-· .; ·->:-

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l Callfomia B11lldirn9 St@ndards. Commlmon (CBSC)

Govemm&ntal Opor.atlons

i •1r,duc!e11 Boaros Cornmisslflm. 1mll Asgoclallons

-:-: :-:::!.:.:::. ·,·-::::::.:::.·.,: · .·.:-: ..•.:.·. :..• :.·

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2526 Nmtcimaa fla.1{ Omre, 3ult..i ·um
1--T..;..e-"'1"'"'a,._ph..;;0""n"'"a"'":.;,.__ _ _ _ _ _ _ _ _ _ _ _ _ _ Smcramento CA 95833

916 375.1:3411,

FAX: .

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.13.._

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and p11Svicusly !.\)))lmveiJ
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Coiltmet Ty~:

r.oritract 11rid pm_
,1,ioualy
!lpproved 'l!nitim:lments)

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lTGoods&
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I

111011-IT Service · J3egin: 07/01/2015
'End: 12m·11201s
TTG00ds

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i CMA.S:

Explain late contra-cl subrnmal

{services only):

Dep:srrtmant
~ ~ - - 0Danlel1

0

·Mriiifoir.:
CompotlUve;
Form 42:

0

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nnture of Olroctcr or O&algnte/Date

SlgMtllm of ;\ga11cy Secratary or Daslgno8/0ale

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Typi; Nam,. Ill Dimi::tor 1,r

Typo NMiO of A9"oocy S~lAI)'· or

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Se& tlmrt a e in&tfl.letions
-exc1ul.!i~ inies and o5e 1~x. l in.'JnCI) ch:a:rgP.!.I, PQsmoe 11ml har..dfing.
Rom~ cornplolGo tom, to:
Shlppln_g char_ges. a·rn also e~Cluded from the donnr th reshold limits
unlO'!lS !he 11111pp1119 charge J~ Jnclu(!od in ttie ev&IU'lllon suell ai free
011 Boord (FO_ Oit/[n. Fri!lght Qalhtal or FOB Desl:lr\'16mi
i.J

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I

Type Nl!mll cir O!r!llllor or Do~~:=-_j
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lmllko .iml Aml)y&l~ Uni!
707 "Ol!rd Slrtl!i~ z>l Floor, MS2.01
W(lat~~Ol&lj~. CA '96~0.!i

l

PRO_00255948

l}~partmant of Ganaral Ssrvlcas
Procoroment Dlvls !On
GSPO-Oi-007 (Nt,w,•1·1iG9)

Signature lnstroctian$ foi· Ag~m:t-0s with .,m Agency S~el'titary
This form requires approval by Agency Se.crciary or Asen<:<; Under-secretary and t.h'8 departm:111t dlr-ectGr or deslgnoo. The Age!lcy
Secl'=tary may designate one parson, In ar.kfition It> Agency Undersecrelaiy, to liign on h1!1.lhar behalf, of cabinet officer level {e.g.,
NJ:ii:itant Undersecretary, Dspllty S3<'
.rntary, e::c,, the aiictwal llile is dep!!ndan! upon the Ag.eracy's organizs!iom,il struc!ure). The
department dir:ector m<-1y delegate review and approval au1hority to hisJhen.:leputy_
dir~ctors and/or the Procurement and
Contracting Officer. The diractor's designee sh;;;ll send r,atificatlon notification to their direct,:>t. upon the designee's approval of
!he NCB transaction. The typed name :and signature must rnatch for bolt. sl,gna1ureii.
Si~riature lnstm<rtlons for Agencies that do not. have an Agenr.:y :Secret ary
ihis ronn roquilies approval by the higneilt ~t1king exeei.rt!ve officer or tiesiSnee, The highest mnking officer moy cieslgnete one person to

si,gn on hi6/har behalf sut>jeci to DGS approve!. The hlghast ranking officer may <lelegz'te ravlsw and approvai authority to hie/her
deputy t1/rnclo1-s an-elf.or the P~ocurernent and ContracUng Officer. Th~ -designee shaU send ratification notilicallon to ti1eir
highest ranking executive officer upon their approval ofit10 NCB. Ths typsd name and signature must match.
Complete responses mList be pr.,vJtJea f.or all

or the 1'ollowing items.

A. iHE -GOODJSERVJCE REQUES'fEtl IS R'f:StRICTED TO or~E SllPPUER FOR THE IPJ:::ASOT>JS STATED BELOV(

1. 'lillhv is thl? 1..1,cquisJtlon ri¼litrlct,ed to ~his goodlservicefs !.lppllsr?
(Ex_Ql:ain wiiy ll1a acq~isi1for, e>~nnot b5·cam~tmvaly bid. e!(jS9!1l ii !hit is wi em~rgoncy purcneso or how the supplier i~ ths only 5ource for ihe
.si:quhliiorr .;;nd ,~f!!r>enee ilhe ?CC th~t ~pp!i!!s, i.e., ~2102, 10501/10302, ,er ·10340.

Tile California Electrical Code is based on a model .building oo:de, the National Eh~ch•ical Code {NEC). Th~ Calttomis
Electrical Cods includes bo'lh p,ovJsions of the NEC and amendments tci the NEC adopl-etl by califorMia.

NFPA owns the ctJpyright t• 1.hf!l NEC; 11Hirefore, NFPA must be the publisher of the California Etectrtcal Code if it is
going to contain both NEC provisions and Califomia's ·arne,,dm;mts 'co the NF..C. Ir NFPA is not ·nm publisher,
Californi.:i's amendments t,:, ths NEC oould not be published wilh ths provisions of ths NEC adopted by Callfurnla.
2.

Provide 'the bacr.grouno • ~vat1ts !F.!.ldlng to th.ls .ioquisition.
Ol

Througt1out most of the 1980s, California published orily. t.he , mendments it made to model building codes, using the
a
Office of State publishing as the publisher. 1l1e building industr/ did not like having to refer back-and-forth betvveen
model code books and l:.looks c-.;intaining Callfomia's cmendmen!s to model cotles. Therefore, in 1989, publication
ag~ements were entered into, pursuant 1o Health and S-aiezy Code SeGtkm 18928.1, so that Califomia's
ame'Odm~r.its could t;e publit1hed with the model codes they amended.
:i.

D>tmcrihe the ur1iqcwn11!Sti m the ac:~uisltlon {Why W:l$ tho goodlsoNlce/:;uppll-&r Qhoaen·?)
NFPA owns the copyright to !he model builciing c-.ode upon which the Cafifomia Electrical Code is bas8d. Therefore,
NEC must be tha pt1blisher af 1he caliiomia Electrical Code if it is going to contain bolh INEC provisions and
C:aliibm!a's amendmen!:s to the NEC.

If the commission does not c-0ntract with NFf'A tc publish !he California Elsclrical Cede, it will not b!l ~ble ti) have the
NEC provillions ,:.dopted by California published 'Willi California's amendments to U1e NEC. The publishing siluetinn
will return to thatwhicl1 e~iS1@>cl in the ·t980s where Caltfomla':; .imendments to model codes ware not published with
the model code.s they amended. Tl1is was something the bunding Industry found problematic.

~.

Wha1 matket res:aard1 was cond11ct2t! to subsiant!ata no compstitlcm, inc!udins ~valuation ,of othar it~ms
<'-0nslcl ered? .,

NFPA owns the copyright to the NEC, wh.ich is the mcdel building C<)cie 1Jpon v1hich the California Electrical Cods is
bas!'!d. ·rnerefore, NFPA must be the publisher of the California Electrical Cod~ if it it. going to <-;0nlain botl', NEC
provisions and C:sllf.ornla's amendments to ihe NEC. If t he commission does not contract w iih NFPA, it w!lrt1ot be
able to have the,NEC provisions adopted by California pl.lblished with Califomia's amendments io the NEC. The

building industry found the IQU0r to be unworkable..

2.

PR0_ 00255949

Department of General Services
Proc:-,ement Division
GSPD-09-007 (New 11/09)

B. PRICE ANALYSIS

1. How was the price offered determined to be fair and reasonable?
(Explain what the basis was for comparison and include cost analyses as applicable.)

There is no cost involved in this contract. The publisher recoups its publication costs in sales of the codes.

2.

Describe any cost savings. realized or costs avoided by acquiring the goods/services from this supplier
There is no cost involved in this contract. The publisher recoups its publication costs in sales of the codes.

3
PRO_00255950

Department of General Services
Procurement Division
GSPD-09·007 (New 11/D9)

Non-Competitiveiy Bid (NCB) Contract Justification
Corrective Action Plan
This section must be completed for any NCB that could have been competitively bid but was not due to insufficient time to complete the
competitive acquisition process. This does not apply to emergency procurements in accordance with PCC Sections 10302, 10340(b)(1)
and 12102(a)(2).

Complete responses must be provided for all of the following questions:

1. Why is the submission of a NCB necessary and what are the determining factors that caused the problem?
Explain why your department has not conducted a competi.tive bid. Provide the background of events (timeline) leading to the submission of this
NCB. Identify any critical time delays or issues, that prevented your department from completing this acquisition using a competitive process
(i.e., budget, approvals, and/or appropriate analysis).

2. What are the consequences of not having this NCB approved?
Describe in detail the impact to the department and to the program(s) If the NCB is not approved.

3.

How will your department ensure adequate planning to prevent submittal of NCB's for goods or services
that should have been competitively bid?
Provide a detailed plan of your department's efforts to improve your acquisition planning to maximize the use of competition to meet your needs.
This plan must include how the department will provide for a tracking system to ensure timely review of upcoming requirements. Departments
acknowledge that submission of a corrective action plan is the· basis for how the department will provide for sufficient time to use competition in
the acquisition process. Failure to follow the Corrective Action Plan may result in the loss of your department's delegated procurement authority.
This plan must be kept on file for Mure auditing purposes.

4

PRO_00255951

STATE OF CALIFORNIA- GENERAi. SERVICES PROCUREMENT DIVISION

Government Code Section 14825 (et seq.) requires that all

CONTRACT ADVERTISING EXEMPTION REQUEST

agreements entered !nto by state agencies for services shall be
published in the California State Conlracts Regisier (CSCA),
:.in!ess exempted. Agreements which have been exempted by
Departrnerrt of General Services shall be listed in the CSCR.

{IN CAL.IFOANIA STATE CONTRACTS REGISTER)
STO. 821 (REV. 10IZOC6}

•

TYPE OF REQUEST (Cheek or.e)
f 71 NON-COMPETffM:LY BID (NCB)
L'!'..J CONTRACT JUST!ACATION !•~•ciJ NCBJ .

ff/Ti:LECOM RELATED $!:RVICES

30140
w.i,e ~trina Benny
oEPARTv.err, California Building Standards Commission

IMSCOi5el

C-ll 1

. Publication cpntract for the publication of the 2016 triennial
edition of the California Code of Regulations, Title 24, Part 3.

OIVISION:

2525 Natomas Park Dr. Ste 130
CA 95833

ADORl:SB:

c1rv.srAre.ZJP:~cramento,

_J

to

HO

NUMBER (Nol CAI.N

•/ne/uc'e Area Cooe)

916-263-1350

CONTRACT AMOUNT

CONTT!ACT PERIOD

so.do

07/01/2015 - 12/31/2019
FEOERAL EMPLOYER IDENTIFICAT!ON

PROVIDE
{COh'TRACTOR'S NAME
CO. TRACTOR'S
N
National Fire Protcction Association
.·
NAME AND ADDRESS
CONTRACT0/1' s ADDRESS (N!Jmbor. Strr,o/J

NUMBER

l Battervmarch Park

ONLY II" A NONCOMPETITIVELY BIO
(NCB) COITTRACTIS
PROPOSED

..,,..._,,.,......·.,.,.-----,,-,-------------------

- - - - - - -- - - - -- - -

(City. stale. ZIP Cece)

Quincy, MA 02169-7471

rn

An exemption from advertising the Californla State Contracts Register is not an exemption from
Disabled Veteran Business Enterprise (DVBE) participation goal attainment.
F.J<EMPTION JUsnFICATION (Attsch Bctd~ion!l sbce/S if 111!1:eSSD,Y)

The California Eiectrical Code (California Code of Regulations, Title 24, Part 3), is based on a model code, the National Electrical Code,
(NEC). The California Electrical Code includes both provisions of the NEC and amendments to the NEC.

The National fire Protection Association (NFPA) owns the copyrights ·to the NEC; therefore, NFPA must be the pubiisher of the California
Electrical Code, ifit is going to contain both NEC provisions and California's amendments to the NEC. lfNFPA is not the publisher,
C11lifonria's runcndmcnts to the NEC cannot be published with t'te provisions adopted by California. The building industry found the latter to be
unworkable.

AUTHORiZED SIGNATUHE

OATES!GNED

-,r;:-?$ --1.t::
SENDTO:
NIJdi,:
O;:Pr,f\D,IENT:
orvS!ON:

AflOOEss,

CllY,STAT=.ZIP:

r

lM'TESIGNE!>

~
COMMENTS

,,s=7

1 Z-1
DEPARTMENt OF GENERAL SERVICES '-_ _....,

PROCUREMENT DIVISION
707 THIRD ST., Second Floor
WEST SACRAMENTO, CA 95605

L

_J
Department: Retain Last Copy

PRO_00255952

STATE OF CALIFORNIA- GENERAL SERVICES PROCUREMENT DIVISION

CONTRACT ADVERTISING EXEMPTION REQUEST
(IN CALIFORNIA STATE CONTRACTS REGISTER)
STD. 821 (REV. i0/200S) REVERSE

INSTRUCTIONS
An exemption from advertising in the California State Contracts Register is not an exemption from Disabled
Veteran Business Enterprise (DVBE) participation goal attainment.

1. Submit the original and one copy of the completed fonn and all suppotting documents to the Department of
General Services, Procurement Division for review and action. (Attach completed, NCB Contract
Justification form as applicable.)
2. All applicable elements of the Justification form must be completed or the request may be denied.
3. Do not provide the name and address of the proposed contractor unless the request is to enter i.nto a contract
on a non-competitively bid basis.
4. All requests must include comprehensive justification.
5. Non-competitively bid contract justifications mtist include a narrative of the efforts made to secure similar
services from other sources. Refer to the State Contracting Manual Section 5.70.

GENERAL INFORMATION
lt is required by statute that State agencies advertise and bid al! contracts for services over .$5,000. It
is the agency's responsibility to develop and adopt contracting procedures which maximize
competition and effect timely and proper contract award and execution.
The STD. &21, Contract Advertising Exemption Request, allows the Department of General Services
to exempt agencies from these requirements when such action is justified.
Exemption is granted by either an approved request to be exempt from advertising in the California
State Contracts Register or by an approved request to enter into a contract on a non-competitively bid basis.
Definitions of Requests:
REQUEST TO BE EXEMPT FROM ADVERTISING - A bid is going· to be conducted. Request
is made to be exempt from the requirement of advertising in the California State Con.tracts
Register, which is required by Government Code Section 14827 et seq. The request is made
because: (1) the exemption is necessary to preserve life or state property, or (2) there is an interest
to the State that is so compelling that the agency believes an exemption is warranted.
REQUEST FOR NCB CONTRACT - Request is made to be exempt from competitive bidding
because: (1) there is only one supplier that can perform the service, or (2) there is an interest to
the State that is so compelling that the agency believes it warrants forgoing the competitive process per
Public Contract Code Sections 10348 and 10380.
Refer to the State Contracting Manual for additional information.

PRO_00255953

Date:

May 18, 2015

To:

DGS - OBAS
707 3rd Street
West Sacramento, CA 95605

From:

Katrina Benny, Staff Services Manager I
Building Standards Commission

Subject: Certification Requirement - NCB, NFPA

I certify that this purchase is vital and mission criticai for the Building Standards Commission.
The California Electrical Code is based on a model building code, the National Electrical Code
(NEC). The California Electrical Code includes both provisions of the NEC and amendments to
the NEC adopted by California.
NFPA owns the copyright to the NEC; therefore, NFPA must be the publisher of the California
Electrical Code if it is going to contain both NEC provisions and California's amendments to the
NEC. If NFPA is not the publisher, California's amendments to the NEC could not be published
w ith the provisions of the NEC adopted by California.

~~~

Katrina Benny, Staff Services Manager I
Building Standards Commission

Excellence in the Business of Government

PRO_0025595.
4

PRO_00255955

STATE OF CAlfFORNIA- om~ ofSMl:1 P\lbHollinl)
SERVICE !'i?!LEASE REQUEST. SPECJFICATIONS
OSP 66\}.N=W (0'7/2012)

Af/'flelds am required {enter "NIA" If not appllcsble),
Fax this complawrJ.form to: M6.323A305 -Jr .
(
email Ii to your OSP Customer $en:1~e·_ P.spre_s(:Jntativfi:

l0

OA1i: Ol' ~1;9U1LS'r

OSP j;ST!AfAiE NU~B='R (If J!V<lllO!>t:l) . .

5/20/2015

. •·•:.·

.

C

B-ullding Standards Commission
'PROJECTTfrU:

Publication of CA Code of Regulations, TliJl:f 24, Bulldiog Code Volumes 1 -.-12 _.
DUE DATE

· N/A

Triennial Publications
;;:

.,

'!tP'

iPISCIFICAT30NS
CONTRACTAMO!JtlT' {wl\e11 ~ t i e )

PROJE.OT OESCRJFTION

BuUding Stand_ards Code Boo·ks
CIUIWTll'Y

l'ACIQ,GJNG

PAPeR

mall or ship•

Various
Binders +Printed Subsorlptions

,o

·. --t.5Years
,.

PROOFS RJ:QUII\F.D

fiiNlji,:l'<T

-

'

• CONTAACf11:ml

8·lt2x11-

.13 Volumes

SHIP

$0.00

WIS- .

•.

fllllc

..
~
Almab eco»a bf111Dr,

, '

i\lumber - f Colora: !:._
o
Large.Solfi\is: 0Yes

· 0No

.. '£Hee~:'

-· Ot-Jo

Oves QNo

Ove-~

Subscriptions
MAIUMO lNS-ffiUC'ilONS

Varies

S~PE-CJA......,.L"""1N""'•!.f""'R""u!.i""·n""'o""~JS,-----.,.•
--~---- - - - - - -- - - - - - , . - -- - - - - - - - - - - - - - -

=
··'

SEl?VICE REJ.E.<ISE JIJl3Tll'JCA'TION

A!l 13 Volumes of the California Code of Regulations, Tlile 24, Bulldlng Codes are oopyrlght model code
materials trom 3 organizations, lniemational Code Colmcll, lntemmtiona! Association of Plumbing £Ind
Mec'nan'ical Officials and the National Fire Proteatlon Association. .
· .-·
CONTACT ll\lFORMATION
NJI.Mf!

Katrina Benny
Tm.EPHO~!Z•..

916-263"".1-350

FAA

: 9'1&,263,.;0959

EM LJ\.0.11'\SSS

· k~trina,[e-mail]

·OSP Pl.JSTOMER se.vlCE:!<£:PRES!:JliA11\/E

James Gr.lrrln

PRO_00255956

STATE Oi=' CALIFORNIA-Office oi Stale Publishing

SERVICE RELEASE DETERM[NATION
DSP 551 REV: (1/2013)

The Office of State Publishing has reviewed the specffications and
delivery time frames for the project below. Please keep this notice with
related contracting information as your documentation.
SERVICE RELEASE INFORMATION
~EQUEST FOR PRINTING SERVICES NUMBER

05-21-404-50-06188

IDA"TE OF REQUcST

EXPIRAl'ION DATE OF SERVICE REL::ASE

·15120/15

'!::.Vi:WEDBY

Noel Soliz
COt>iTACT NAME

AGENCY

DGS

Katrina Benny

AGENCY CODc;

CONTACT PHONE

404

263-1350

"ROJECTTITLE

Publication of CA Code of Regulations, Title 24, Building Code Volumes 1 - 12
~ROJECT SPECIFICATIONS

:'.:OMMENTS

OSP CUSTOMER SERVICE R1'PRESENTATIVE

James Griffin

CSR PHONE

916-322·1006

STATEMENT OF FACTS
CHECK APPLICABLE JUSTli"!CAi10N STATEMENT(S):.

OSP VENO.OUT

.· LJYes

D (A) OSP does not have production time available to meet the 9ustomer's required deadline.

•

n

(B) OSP does not have the equipment necessary to produce the requesteci product.

~No

OSP SERVlyE RELEASE

[gives

0No

(C) OSP does not have the expertise to successfully produce the requested product.

-...__!

O (0) OSP cannot accommodate the required turnaround time. (less than 5 working days)
D (E) The customer's location/shipping address does not make it feasible for OSP to accept the work.
~ (F) Other Copyrighted Materials
DETAILS

PRO_00255957

Der-artrnent of General Services
Procurement Division

·Fpr PO Use o.nly

·NCB#.-;

GSPO-09-007 (NelV 11/09)

..

NON~COMPETITIVELY BID {NCB) CONTRACT JUSTIFICATION
For use on all information technology (IT) and non-IT goods and services acquisitions.
Altach to Std. 65, Std. 56 or Std. 821, as applicable.
This justification document consists of two (2) pages. All information must be provided and all questions most be answered. The "Required Approvals''
.
h .
.
secf must meI ude a date f or eac. su:mature, as aoorooriate for i he transaction.
I0n
Reauestin.ci

De oartment·tnformation

Agency:

Department: OGS -

Governmental Op_ rations
e

California Building Standards Commission (CBSC)

1

(*Includes Boards, Commissions, and Associations)

f

Institution (if applicable):

...

Department C.ontact Information

l

"Telephone:

Street Address:
2525 Natomas Park Drive, Suite 130
Sacramento CA 95833

1916) 376-1844
FAX:
(916~

Mailing Address:
Same as above

Contact/Buyers
Molly Lovett

Name:

E-Mail:
Mol1y· 1ovettr'@dQs.ca.~ov
.

Technical Contact Name:

I E-mail:

Telephone:

·

( 916) 263-1350 ·
Katrina Benny
[e-mail]
~<
·
.. ..· •',_ ·.:=-· _ \-~'.' ,~!;;.\':.q ,!;~ : \'t;:/j\\•% ::R~i:f~frJ:tc!'.6on.ff9p{~
,;,°'i· , :,:,,:?
·
·~,:
infQfmalfon: .·: •;·: .. .... ..,,::.: }:::.:\: :·;.;•; .-~;1,. : . '.•'.t ...,-.~~=-~ :· . < ....·- ..
Contracto. Name:
r
International Association

of Plumbincr and Mechanical Officials flAPMO)

Contractor Address:
5001 E. Philadelphia Street,

Ontario, California 91761

I Total Otlglnal

Original Contract
Amount Excluding:"*

' Amendment

! ContractAmount:*

Has work

Amount:~ (if applicable)

Amended Contract
Amount:""

commenced?

$NIA

Have goods been

(•Includes origin.ii
contract and all
amendments, including
current amendment)

acquired?

D
S 0.00

$0.00

$ N/A

c•1ncludes original contract
and previollsly approved
amendments)

("Includes original
contra~ and previously
approved amendments)

('Current amendment only)

[gJ No

Yes

•

.81
l

Yes
No
Altach e)';planalions for any
"Yes' answers.

PrQY.f.de,a•-hF.iefdtitspffptlft~~
'Qf{f:it,·~ u1sltfo~,,fm::li.JJin°ifoi!Jii:i~mis'. ajji;Jf!it·ii~rw~~'$.·.ttie).oi\lti't~iitor-,w1Jl!pjijw~-: · ·
-

'

IAPMO will provide services for the publication of the 2016 triennial edition of California Code of Regulations, Title 24,
Parts 4

(California Mechanical Code) and 5.(California PlumbinQ Code), and all

supplements and errata

1
--~
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.

Contract Term!

Type of Award:

Begin: 07/01/2015
End: 12/31/2019

CMAS;

ff Goods
lT Service
IT Goods &

Explain late contract submittal
(services only):

Contract Type:
Select One:

D
l8l

•
•
D

Master:

Services

Competitive:

Form 42:

D
D

D~partment

Q~ _•

Denied

~

--

D

If yes, attach the Statement of

•

Compliance to the State Financial
Marketplace to this form

:}~.:~;r:s-;~R.~CfQJr.e.¢l~~P.t-o:Vil'l$)z;i,:}ff;~·-/:,:.i:-..f ~~ \! i'!f.~:.~;;L-.·:(~?~?t.J·,·.~~ ~::::;:.: > ...~:; :· ......~ ~
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:::-:::," •

Wlfl this transaction be
financed?
No _x_ Yes

Non-IT Goods
Non-IT Service

to these Parts.

l ~

1

•

Dept. of General Services

Agency
Approved

0

D Denied

Approved

D Denied

S:::-<!D'-k.:-'
·

Signature of Director or Designee/Da!e

Signature of Agency Secretary or Designee/Date

Signature of Director or Designee/Date

(

Jim McGowan

Type Name of Director or
Type Name of Agency Secretary or
See next page instructions
See next oaae instructions
Remit completed form to:
"Excluding sales and use tax. fmance charges, postage and handling.
Shipping charges are also excluded from the dollar threshold limits
unless th& shipping charge Is Included In the evaluation such as Free
On Board (FOB) Origin, Freight Collect or FOB Destination

Type Name of Director or Deslgnee

.. .

Procurement D!v1s1on
Intake and Analysis Unit
707 Thlrd streei , 2"d Floor. MS201
West SaCl'amento, CA 35605

PRO_00255958

Depanment of General Services
Procurement Division
GSPD-09-007 (New 11/09)

Signature Instructions for Agencies with an Agency Secretary
This form requires approval by Agency Secretary or Agency Undersecretary and the department director or designee. The Agency
Secretary may designate one person, in addition to Agency Undersecretary, to sign on his/her behalf, of cabinet officer level (e.g.,
Assistant Undersecretary, Deputy Secretary, etc., the actual title is dependent upon the Agency's organizational structure). The
department director may delegate review and approval authority to his/her deputy directors and/or the Procurement and
Contracting Officer. The director's designee shall send ratification notification to their director upon the designee's approval of
the NCB transaction. The typed name and signature must match for both signatures.
Signature Instructions for Agencies that do not have an Agency Secretary
This form requires approval by the highest ranking executive officer or designee. The highest ranking officer may designate one person to
sign on his/her behalf subject to DGS approval. The highest ranking officer may delegate review and approval authority to his/her
deputy directors and/or the Procurement and Contracting Officer. The designee shall send ratification notification to their
highest ranking executive·officer upon their approval of the NCB. The typed name and signature must match.
Complete responses must be provided for all of the following items.
A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW:

1. Why is the acquisition restricted to this good/service/supplier?
(Explain why the acquisition cannot be compelitively bid. Explain if this is an emergency purchase or how the supplier is th! only source for the
acquisition and refe:rence the PCC that applies, I.e., 12102, 10301/10302, or 10340.

The California Mechanical Code (CMC) and California Plumbing Code (CPC) are based on two model building
codes, the Uniform Mechanical Code (UMC) and the Unifor.m Plumbing Code (UPC} respectively. The California
codes include both provisions of the model codes and amendments to those codes adopted by California.
IAPMO.owns the copyrights to these model codes; therefore, IAPMO must be the publisher of the CMC and CPC if
they are each going to contain model code provisions and California's amendments to the model codes. If IAPMO is
not the publisher, California's amendments to the UMC and UPC could not be published with the provisions of the
UMC and UPC adopted by California.
2.

Provide the background of events leading to this acquisition.
Throughout most of the ·1980s, California published only the amendments it made to the model building codes, using
the Office of State Publishing as the publisher. The building industry did not like having to refer back-and-forth
between model code books and books containing California's amendments to the model codes. Therefore, in 1989,
publication agreements were entered into, pursuant to Health and Safety Code Section 18928.1, so that California's
amendments could be published with the model codes they amended. ·

3. Describe the uniqueness of the acquisition (•Nhy was the good/service/supplier chosen?)
IAPMO owns the copyrights to the model building codes upon which the CMC and CPC are based. Therefore,
IAPMO must be the publisher of these California building codes if they are each going to contain model code
provisions and California's amendments to the model codes.
4. What are the consequences of not purchasing the good/service or contracting with the proposed supplier?
If the commission do?S not contract with IAPMO to publish the CMC and CPC, it will not be able to have the model
codes adopted by California published with California's amendments to those model codes. The publishing situation
will return to that which existed in the 1980s where California's amendments to the model codes were not published
with the model codes they amended. This was something the building industry found problematic.

!?- What market research was conducted to substantiate no competition, including evaluation of other items
considered?
IAPMO owns the copyrights to the model building codes upon which the CMC and CPC are based. Therefore,
IAPMO must be the publisher of the CMC and CPC, if they are each going to contain model code provisions and
Cal!fornia's amendments to the model codes. ff the commission does not contract with IAPMO, It will not be able to
have the model codes adopted by California published with California's amendments to these model codes. The
building industry found the latter to be unworkable.

2

PRO_00255959

De;;.;irtment of General Seivices
Procurement Division
GSPD-09--007 (New 11/09)

8. PRICE ANALYSIS
1. How was the price offered determined to be fair and reasonable?
(Explain what the basis was for comparison and include cost analyses as applicable.).

There is no cost involved in t~is contract. :rhe publisher recoups its publication costs in sales of the codes.

2.

Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier
There is no cost involved in this contract. The publisher recoups its publication costs in sales of the codes.

3

PRO_00255960

· Department of General Services
Procurement Division
GSPD-09-007 (New 11/09)

Non~Competitively Bid (NCB) Contract Justification
Corrective Action Plan
This section must be completed for any NCB that could have been competitively bid but was not due to insufficient time to complete the
competitive acquisition process. This does not apply to emergency procurements in accordance with PCC Sections 10302, 103~0(b)(1}
and 12102(a}(2}.

Complete responses must be provided for all of the following questions:

1. Why Is the submission of a NCB necessary and what are the determining factors that caused the problem?
Explain why your department has not conducted a competitive bid. Provide the background of events (lime!ine) leading to the submission of this
NCB. Identify any critical lime delays or issues that prevented your department from completing this acquisttion using a competitive process
(i.e., budget, approvals, and/or appropriate analysis).

2. What are the consequences of not having this NCB approved?
Describe in detail the impact to the department and to the program(s) if the NCB is not approved.

3.

How will your department ensure adequate planning to prevent submittal of NCB's for goods or services
that should have been competitively bid?
Provide a detailed plan of your department's efforts to improve your acquisition planning to maximize the use of·competition to meet your needs.
This plan must include how the department will provide for a tracking system to ensure timely review of upcoming requirements. Departments
acknowledge that submission of a corrective action plan is the basis for how the department will provide for sufficient time lo use competition in
the acquisition process. Failure to follow the Corrective Action Plan may result in the loss of your department's delegated procurement authority.
This plan must be kept on -file for future auditing purposes.

4

PRO_00255961

ST,_TE OF CJ\UFDRNIA- GalElW. 8!cllVlel33 PROO\.'Aa'l!:lrl' illVIStON

Govemmant Code Section 1482-6 (et seq.) requlr~ thal cl
agroam:ml& ooteroo Into by Bi.ate nosndes for 11el'llc1Js Bti..lll bl>

CONTRACT AOV~P.TISU\lG EXSMPTJON REQUEST
{JN. C.At.lFOHNlA STATIJ: OONTRtiCTS F!!:IMSTI:R)

pubflsllad in 1lm caJJtornla Slrrt& OOntrncls Aeglsl:a' (CSCRJ,
unloos &X!ml)lled. ~\groomsnls which have been e~!.lmplad b'i
01ipartment o! Gsmirsi Serv)caa shail l>o listed ln the CSClt

STil. 11:11 (?.£V. 1!Y'dl05)

s

~R\IJCEl'll'E

IIIOil·JT/l'El.£C:O),!»:'.IJITEI) aJ$!1\IIC!:

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, ::

CClll'R>.CT OEBCA!PTIC!:.I

Pui>licatlon contract for 1he publication oftl1c 2016 triel.Ulial
edition of the California Code ofRegu.lations, Title 24, P!lrls 4 and

!,\\':)I)~

r".MI!: Katrina .Benny
o,,.,.an.,.,.,., Califorrua Building Standards Commission

I

C·ll 1

5.

=iw; 2S25 Natomas PW'k.Dt. Ste 130
01TV.GTA~21~l~cramcnto, CA 95833
OONTF.AUT /\MOUNT

CON!Fl,\Cf P.."'lli<Xl

~!llfll!WIT ,WC'Jh'T /111n,$,Wl>f/

$ 0.00

PROVU>E
CONTRACl'IDrS
NAME ANO ADORa:S
ONJ.Y IF ii NON,
COMPE:Tff!VF.LY am
(· Cfl) CONTAACTlS
N

PFIOPOSlm

{CONTRACT•:>,!'3.W,'l!:
.

.

.

l't'reML $l?LOVER IOBfli~ATlON

NU/,ISER

Interu11tio:nal Association -of Plumbing and Mecbanical Offieiais {lAPil>lO)
.
·

GON'rFl;\CTOll' S AllDRf66 tM,:1t,r,r. l,'lm,Q

.

07/01)2015 • 12!.H/2019

-

500 I E. P.hila<leiphia Stre~t
(0/!y, $tm. ZIP Codo/

~ Ontario,

-----:-------------------------

CA 91761

An n;n~rnpl.ion tr.;,111 uuwt'2l&tng il'I Uha C.llliwrnla Stmt> Contrnt$J Hsgletel' le not :in QMemmkm from
_ _ _._,,,___,_..,....,.......,.,.....D_l_illll_h,,,lc_~,.:.!!!1 Suslnei;t> Ente~prlse (DVBE) pal"doipl31Jon goal ettslnmanl,
ex~ll."TIONJU9Tb'ICAl'!ON W!a.o'>11d:11)io""1~lm:Ja/irn,o,,,..,.J1

1'li~ Califomitl Mechanical Code {California Co:le ofRegulntiollS, 'I'.itle 24, Pnrt 4), nnd t11e CalifomiaPlumbing Cede (Califurnia Code of
R.egulatio11S, Title 24, Pmt 5) ar.e 1m.scil on two model buildiog codes, the Ux1ifonn Mecb11D.ical Code, and.the lJnifom1 Plumbing Code,
respectively. The C.1liionria codes include both proviaion.s of tbe model code.~ aud arnendments to 11.tob-e codes adopted try California.
The llltemntional Association of.Plumbing and Mecll.llnical O:ffici~ (JAPMO) owllS tbf: copyrighl.:!l to these two motrel codes; th=fure,

IAPMO mum be the nublisher aftl1ese Californiacodes, ifit they are going to contain.model code p.r-0visions and Califomin's ormmdments to
the model codes..lf IAPMO is not 'the publisher, Califor.nin's amendments to the :model codea cannot be published witb the provis.ions ru.lopted
by California. The building ir,dustly fomid t}Je latter u, be uowotikahle.

.
•
DATE·BIClNED

s=
·seND TO:

J

-/--s-i ~

.
•

DENlED {See Be/ci1r)
DATE-!llGNEO

COIJMENTS·

O,.SOOOE-7

I

I/Joi~

APPROVED

Al/THOAIZED·SK,NATI/RE

:Z,,1

""mm.19,r, f.ll:J:lAR:fil/l~NT QF·GENERAL Sf:RVIGf::S
dMs«:i!t

PAOC!.!RE:MENT DIVISION

mcAES$', "/07 THlflD ST., Second Floor
c,H.s'r,\i"E,i!i;,, WEST SACAAMEl~TO, C:i\ 9560!l

L

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\

PRO_ 00255962

STATE OF CALIFORNIA- GENERAL SEflVICES PROCUREMENT DMSION

· CONTRACT ADVERTISING EXEMPTION REQUEST
(IN CALIFORNIA STATE CONTRACTS REGISTER)
STD. a21 (REV. 10/200S) REVERS::

INSTRUCTIONS
An exemption from advertising in the ·california State Contracts Register is not an exemption from Disabled
Veteran Business Enterprise (DVBE) participation goal attainment.
1. Submit the original and one copy of the completed fonn and all supporting documents to the Department of
General Services, Procurement Division for review and action. (Attach completed, NCB Contract
Justification form as applicable.)
2. All applicable elements of the Justification fonn must be· completed or the request may be denied·.
3. Do not provide the name and address of the proposed contractor unless the request is to enter into a contract
on a non-competitively bid basis.
4. All requests must include comprehensive justification.
5. Non-competitively bid contract justifications must include a narrative of the efforts made to secure similar
services from other sources. Refer to the State Contracting Manual Section 5.70.

GENERAL INFORMATION
It is required by statute that State agencies advertise and bid all contracts for services over $5,000. Jt
is the agency's responsibility to develop and adopt contracting procedures which maximize
competition and effect timely and proper contract award and execution.
The STD. 821, • Contract Advertising Exemption Request, aUows the Department of General Services
to exempt agencies from these requirements when such action is justified.
Exemption is granted by either an approved request to be exempt from advertising in the California
State Contracts Register or by an approved request to enter into a contract on a non-competitively bid basis.
Definitions ofRequests:
REQUEST TO BE EXEMPT FROM ADVERTISING - A bid is going to be conducted. Request
is made to be exempt from the requirement of advertising in the California State Contracts
Register, which is fequired by Government Code Section 14827 et seq. The request is made
because: (1) the exemption is necessa.i-y to preserve life or state property, or (2) there is an interest
to the State that is so compelling that the agency believes an exemption is warranted.
REQUEST FOR NCB COJ\TJ'RACT • Request is macie to be exempt from competitive bidding
because: (1) there is only one supplier that can perfonn the service, or (2) there is an interest to
the State that is so compelling that the agency believes it ,.,n,mants forgoing the competitive process per
Public Contract Code Sections 10348 and 10380.
Refer to the State Contracting Manual for additional infonnation,

PRO_00255963

- -

I • . ' .•
~

Date:

May 18, 2015

To:

DGS • OBAS
707 3 rd Street
West Sacramento, CA ~5605

From:

Katrina Benny, Staff Services Manager I
Building Standards Commission

Subject: Certification Requirement - NCB, IAPMO

I certify that this purchase is vital and mission critical for the Building Standards Commission.
The California Mechanical Code (CMC) and California Plumbing Code (CPC) are based on two
model building codes, the Uniform Mechanical Code (UMC) and the Uniform Plumbing Code
(UPC) respectively. The California codes include both provisions of the model codes and
amendments to those codes adopted by California.
IAPMO owns the copyrights to these model codes; therefore, IAPMO must be the publisher of
the CMC and CPC if they are each going to contain model code provisions and California's
amendments to the model codes. If IAPMO is not the publisher, California's amendments to the
UMC and UPC could not be published with the provisions of the UMC and UPC adopted by
California.

~ n ~ f f ~ e rI
Building Standards Commission

Excellence in the Business of Government

PRO_00255964

Excellence in the Business of Government

PRO_00255965

STATE OF CAL.IFORl-11,1., - Offie.) r,f S'-.at,1 Pubfrslling

SERVJC!: imLEA.SE Fi>.EQU!:Si SPECJFJCAiJO~JS
OSP SS(l,.NEW (0'712012)

Al/fields are required. (enter 'NIA" if not applicable).
FEIX this oomp/eted·fonn to: fl 1"$.323.430-5 <,>r .
email It to your OSP C-1,Jstcmer ~er,1i~e-. Repr~ftqntative>
OSP l!ST!tlA"ra tWMBi.R {II avabllt€e) ..

OA'ra OF F\EO.\k"S'i

0

5/20i2Q15
Building Standards .Commission
'PP.OJi:'.CTTITl.l:

..

Publication of CA Code of RegulEitlons., ritlE:J 24, Building Code Volumes 1.~-·12 .·
FILE RF.IIOY PA"ic

01/l::DA'tE

· NIA

Trlennlal Publlcatlons

SP5CiFICA'1'10NS
CDNTAACT MIOUJ'l'l"' w.ien ~p?cab\s)

PnOJECi .OESCRiP'flON

. Building Stand.ards Code Books
,

01/ANm'V

..,

$0.00

,.

• ~011'1W>C'r T::.'RM

SIZE- _

.13Volumas

·. 4.5 Years

81/.2 X 11

f>AFl"K

f>l\OJ<AGIN13
PRCORS REQ\JliF-11

tlli'jj.}o,Rl

Slndera +Printed Subscriptions

.SHIPTO

~

)HJ{;

mail or ship•

V~riOLlS

-

0Yas

.-.

0No

..

'AillltJi SC:>£0 ofwor.

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NurrJber 0f Colora: 4
Large Solids: 0Yoo · ·

0 No

.. B!~ds::·Oyl:}S . 0No

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Subscriptions
MAll.lN(l illlSTRIJ\."'710NS

Varies
SPEC,....IAL...,!N,..,STR,,,..,,u""c1""10""Ns,......._ _ _ _ _ _ _ _ _ _ __

_ _ _ _ _ _ _ _ _ _ _ __

_ _ _ _ _ _ _ _ __

lll?fNICEi HE~ JVSTIFJCA110N

AU ·13 Volumes of the California Code of Regulations, Title 24, Building Codes are copyright modal code
materials from 3 organizations, lntamationzl Code Council, lntema-tJonal Asscicieition of Plumbing -and
·Mechanical Officials and the Nations! Fire ProtectJon Assoclailon. .
· '
CONTACT JMFORJJlAilON
NAM!:

Katrina Benny
'ra•.F.PJiONE•..

FAX

9'} 6-263-·f350
"QSP·CIJSTQ;,\ER SERVICSREPi'l.E~l:HTAnvE

J!3me~_:G.rrf.flti ..

PRO_00255966

STATE OF CALIFORNIA -

omce of State Publishing

. SERVICE RELEASE DETERMINATION
OS? 551 REV: (1/2013)

The Office of State Publishing has reviewed the specifications and
delivery time frames tor the project below. Please keep this notice with
related contracting information as your documentation.
SERVICE RELEASE INFORMATION
,EQUEST FOR PRINTING SERVICES NUMBER

05-2, -404-50-06188

IDATE OF REQUES,

Is,20,15

EXPIRATION DAic OF SERVICE R:Li:P,S:

'!EVIE.WED BY

Noel Soliz
CONTACT NAME

AGENCY

DGS

Katrina Benny

AGENCY CODE

CONTACT PHONE

404

263-1350

~ROJECTTITLE

Pub_licafion of CA Code of Regulations, Title 24, Building Code Volumes 1 - ~ 2
~ROJECT SPECIFICATIONS

:::OMMENTS

OSP CUSTOMER SERVICE REPRESENTATIVE

James Griffin

\CSRPHON::C

I916-322-1006
STATEMENT OF FACTS

CHECKAPPUCABLEJUSTIFlCATION STATEMENT($):.

OSP V;NO-OUT

." 0Yes

D (A) OSP does not have production time available to meet the 9ustomer's required deadline.
~Yes
.D (8) OSP does not have the equjpment necessary to produce the requested product
D (C) OSP does not have the expertise to successfully produce the requested product.
D (D) OSP cannot accommodate the required turnaround time. (less than 5 working days}
O (E) Tne customer's locatlonlshipping address does not make it feasible for OSP to accept the work.

/g!No

OSI" Sl:RVlCE RELEASE

[gl (F)

0No

Other Copyrighted Materials

D:TAILS

PRO_00255967