15-043-120_Multi-Award_Lab_IFB.doc

January 8, 2016 Invitation for Bid IFB No. 15-043-120 Notice to Prospective Bidders Prospective Bidders are invited to review and respond to the attached Invitation for Bid (IFB) No. 15-043-120 entitled, “Laboratory Services” for the State Water Resources Control Board (Water Board), North Coast Regional Water Quality Control Board and the San Francisco Regional Water Quality Control Board (collectively referred to as the Water Boards). When preparing and submitting a bid, compliance with the instructions found herein is imperative.

All Agreements entered into with the State of California will include, by reference, General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at this Internet site: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

If any prospective Bidder lacks Internet access, a hard copy of these items may be obtained by contacting the analyst noted below.

If a discrepancy occurs between the information in the advertisement appearing in the California State Contracts Register and the information herein, the information in this notice and in the attached IFB shall take precedence.

Inquiries regarding the processing of this bid should be referred to Danielle Knaus at Danielle.Knaus@Waterboards.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Thank you for your interest in the Water Board’s service needs.

Sincerely, Danielle C. Knaus, Contract Analyst State Water Resources Control Board

Division of Administrative Services

Contracts Unit

TABLE OF CONTENTS

4A.

Purpose and Description of Services

4B.

Time Schedule

4C.

Agreement Term

4D.

Bidder Questions

51.

What to Include in an Inquiry

52.

How to Submit Questions

53.

Question Deadline

5E.

Scope of Work

6F.

Bidder Minimum Qualification Requirements

7G.

Bid Format and Content Requirements

71.

General Instructions

82.

Bid Package Requirements

83.

Bid Content Requirements

8H.

Submission of Bids

81.

Submission Instructions

92.

Proof of Timely Receipt

93.

Bidder Costs

10I.

Bid Opening

10J.

Bid Requirements and Information

101.

Nonresponsive Bids

112.

Withdrawal and/or Resubmission of Bids

11a.

Withdrawal Deadline

11b.

Submitting a Withdrawal Request

11c.

Bid Mistakes

11d.

Resubmitting a Bid Package

113.

Evaluation and Selection

124.

Agreement Award and Protests

12a.

Agreement Award

12b.

Settlement of Tie Bids

13c.

Protests

131) Who can Protest

132) Grounds for Protests

133) Protest Time Lines

144) Submitting a Protest

145.

Disposition of Bids

146.

Inspecting or Obtaining Copies of Bids

14a.

Who can Inspect or Copy Bid Materials

14b.

What can be Inspected / Copied and When

15c.

Inspecting or Obtaining Copies of Bid Materials

157.

Verification of Bidder Information

158.

Water Board Rights

15a.

IFB Corrections

16b.

Immaterial Bid Defects

16c.

Correction of Clerical or Mathematical Errors

16d.

Right to Remedy Errors

17e.

No Agreement Award or IFB Cancellation

17f.

Agreement Amendments after Award

17K.

Preference Programs

171.

Small/Micro Business Preference

182.

Non‑Small Business Subcontractor Preference

183.

Nonprofit Veteran Service Agency (NVSA) Small Business Preference

194.

Target Area Contract Preference Act (TACPA) preference

205.

Disabled Veteran Business Enterprise (DVBE) Incentive Program

20L.

Agreement Terms and Conditions

211.

Sample Agreement Forms / Exhibits

212.

Unanticipated Tasks

213.

Resolution of Differences Between IFB and Agreement Language

70PAYEE DATA RECORD (STD 204)

72M.

CONTRACTOR CERTIFICATION CLAUSES (CCC-307)

79RESOURCES AND INFORMATION

N.

BID ATTACHMENTS

*Bidder to provide copies of Attachments 12, 14-22, when applicable; therefore, no forms are attached for these documents.

O.

SAMPLE AGREEMENT FORMS / EXHIBITS

ATTACHMENT I

CERTIFICATION CHECK LIST

A complete Bid Package will consist of one (1) original bid package with original signatures of each item identified below. Place a check mark or “X” in the box corresponding to each item that you are submitting to the State Water Board. For your bid to be responsive, all required attachments must be returned. This checklist must also be returned with your bid package.

FORMCHECKBOX

Yes

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No

Yes

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FORMCHECKBOX

N/A

(Only applicable to bidders submitting bid(s) for the North Coast Region. If Not Applicable, please check “N/A” on the provided box.)

FORMCHECKBOX

Yes

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FORMCHECKBOX

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(Only applicable to bidders submitting bid(s) for the San Francisco Region. If Not Applicable, please check “N/A” on the provided box.)

FORMCHECKBOX

Yes

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No

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N/A

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N/A

(If applicable. If Not Applicable, please check “N/A” on the provided box.)

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Attachment 9 must be signed and submitted by the authorized person.

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Yes

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N/A

(If applicable. If Not Applicable, please check “N/A” on the provided box.)

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(If applicable. If Not Applicable, please check “N/A” on the provided box.)

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

(If applicable. If Not Applicable, please check “N/A” on the provided box.)

FORMCHECKBOX

Yes

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No

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N/A

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(If applicable. If Not Applicable, please check “N/A” on the provided box.)

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N/A

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Yes

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Bidder provides copy—No form attached.

Please label this attachment “Attachment 15: Business License” with bid submission.

FORMCHECKBOX

Yes

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No

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N/A

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Yes

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No

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Bidder Provides Copy—No form attached.

Please label this attachment “Attachment 16: Proof of Corporate Status” with bid submission. (If applicable. If Not Applicable, please check “N/A” on the provided box.)

FORMCHECKBOX

Yes

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No

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Bidder Provides Copy—No form attached.

Please label this attachment, “Attachment 17: Proof of Non-Profit Status” with bid submission. (If applicable. If Not Applicable, please check “N/A” on the provided box.)

FORMCHECKBOX

Yes

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No

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N/A

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Yes

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No

Bidder Provides copy—No form attached.

Please label this attachment “Attachment 18: Prime Contractor’s Water Boards, Division of Drinking Water Certification” with bid submission.

FORMCHECKBOX

Yes

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No

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Yes

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No

Bidder provides copy– No form attached.

Please label this attachment “Attachment 19: Prime Contractor’s QA/QC Program Manuals” Bidder must provide these manuals within ten (10) days of Contract award.

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Yes

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Bidder Provides copy- No form attached.

Please label this attachment “Attachment 20: Subcontractor’s Water Board, Division of Drinking Water Certification” with bid submission. (If applicable. If Not Applicable, please check “N/A” on the provided box.)

FORMCHECKBOX

Yes

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No

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Bidder Provides copy- No form attached.

Please label this attachment “Attachment 21: Subcontractor’s QA/QC Program Manuals” with bid submission. (If applicable. If Not Applicable, please check “N/A” on the provided box.)

FORMCHECKBOX

Yes

FORMCHECKBOX

No

FORMCHECKBOX

N/A

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Yes

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No

Bidder provides copy(ies)—No form attached.

Please label this attachment “Attachment 22: Insurance Certificate” with bid submission.

FORMCHECKBOX

Yes

FORMCHECKBOX

No

FORMCHECKBOX

Yes

FORMCHECKBOX

No

My firm possesses at least three consecutive years of experience of the types listed in the IFB section entitled “Bidder Minimum Qualification Requirements”. That experience occurred within the past five years.

(No form attached—Please check “yes” or “no” on the provided box.)

FORMCHECKBOX

Yes

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No

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Please have the authorized person sign, date, and return this form with bid submission.

FORMCHECKBOX

Yes

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No

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Yes

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No

Please have the authorized person sign, date, and return this form with bid submission.

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Yes

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No

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Yes

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Please have the authorized person sign, date, and return this form with bid submission.

FORMCHECKBOX

Yes

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No

FORMCHECKBOX

Yes

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Yes

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Please have the authorized person sign, date, and return this form with bid submission.

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Yes

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No

*Indicates N/A **These documents are not required with the bid package, but are required within ten (10) days of request, or contract award.

A. Purpose and Description of Services

The Regional Water Boards are soliciting bids from firms that are able to provide Laboratory Analysis Services. Bids must address all of the services described in the IFB section entitled, “Scope of Work”.

The Water Boards intend to make multiple awards for this Agreement to the lowest responsive and responsible bidder(s) for each location (For a list of participating locations, please see Exhibit A, Attachment I: Location of Services. Bidders may be awarded more than one location. The Water Board reserves the right to select one of the following options:

1. One (1) award for all locations listed in “Exhibit A, Attachment I: Location of Services”

2. One (1) award per location (e.g., Region 1 [North Coast] or Region 2 [San Francisco Bay]).

B. Time Schedule

The Water Board reserves the right to amend the time schedule based on the State’s needs. Below is the tentative time schedule for this solicitation:

C. Agreement Term

The anticipated term of the resulting Agreement is expected to be twenty-four (24) months, with an option to renew the Agreement for one (1) additional year, and is anticipated to be effective upon DGS approval through April 4, 2018. The Agreement term may change if the Water Board makes an award earlier than expected or if the Water Board cannot execute the Agreement in a timely manner due to unforeseen delays. The Water Board reserves the right to extend the term of the resulting Agreement as necessary to complete or continue the services. Agreement extensions are subject to satisfactory performance, funding availability, and possibly approval by the DGS.

The resulting Agreement will be of no force or effect until it is signed by both parties and approved by DGS, if required. The Contractor is hereby advised not to commence performance until all approvals have been obtained. If performance commences before all approvals are obtained, said services may be considered to have been volunteered if all approvals cannot be obtained.

D. Bidder Questions

Immediately notify the Water Board if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions or requirements. Questions must be submitted in writing via U.S. Mail, E-mail or fax to the Water Board as instructed below. At its discretion, the Water Board reserves the right to contact an inquirer to seek clarification of any inquiry received.

Bidders that fail to report a known or suspected problem with this IFB and/or its accompanying materials or fail to seek clarification and/or correction of this IFB and/or its accompanying materials shall submit a bid at their own risk. In addition, if awarded the Agreement, the successful Bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error.

1. What to Include in an Inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, e-mail address, area code and telephone number, and fax number.

b. A description of the subject or issue in question or discrepancy found.

c. IFB section, page number or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any.

2. How to Submit Questions

Submit questions or inquiries using one of the following methods.

Questions IFB 15-043-120 Division of Administrative Services Danielle Knaus, Contract Analyst Danielle.Knaus@Waterboards.ca.gov Questions IFB 15-043-120 Division of Administrative Services Danielle Knaus, Contract Analyst Fax: (916) 341-5059

Bidders submitting inquiries by e-mail or fax are responsible for confirming the receipt of all materials by the question deadline.

Email Danielle Knaus at Danielle.Knaus@Waterboards.ca.gov to confirm fax transmissions.

3. Question Deadline

Submit written questions and inquiries no later than 4:00 p.m. on January 22, 2016.

Notwithstanding the question submission deadline, the Water Board will accept questions or inquiries about IFB errors or irregularities up to the bid due date.

Direct all verbal requests for DVBE assistance to the Water Board’s DVBE advocate Ellen Harrison at (916) 341-5061.

E. Scope of Work

See Exhibit A entitled, “Scope of Work” that is included in the Sample Agreement Forms and Exhibits Section of this IFB. Exhibit A contains a detailed description of the services and work to be performed as a result of this solicitation.

F. Bidder Minimum Qualification Requirements Failure to meet the following requirements by the bid due date will be grounds for the Water Board to deem a Bidder non-responsive. In submitting a bid, each Bidder must certify by signing and/or submitting the documents listed in “Attachment I: Certification Checklist”, that it possesses the following qualification requirements:

1. At least three (3) consecutive years of experience performing the services required in Exhibit A: Scope of Work. All experience must have occurred within the past five (5) years. Please complete “Attachment 7: Bidder References” to demonstrate proof of ability to meet this requirement.

2. Bidders and any laboratory subcontractor(s) identified by the bidder must be certified by the Water Boards, Division of Drinking Water, to perform hazardous waste, drinking water, and wastewater analyses identified on the Cost Sheet(s), where applicable. A copy of these bidder/subcontractor certification(s) must be submitted with the bid response package. Analyses and determinations must be performed in conformance with the Water Boards, Division of Drinking Water or United States Environmental Protection Agency (USEPA) approved test procedures described in the current Code of Federal Regulations (CFR), Title 40, Part 136; USEPA publication SW-846 entitled “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods;” or CFR, Title 22, Article 11, as appropriate. Refer to “Attachment 24: Bidder Certification of Current Quality Assurance/Quality Control (QA/QC) Program.”

3. The selected Bidder’s laboratory must maintain a quality assurance/quality control (QA/QC) program, which meets or exceeds the standards specified by the Water Boards, Division of Drinking Water Environmental Laboratory Accreditation Program (ELAP), and USEPA’s Quality Assurance Manual Specifications (QAMS). Only one (1) single copy of each of the successful Bidder's—and any subcontractor's—QA/QC Program Manuals is required upon award of the Agreement, which shall be submitted and mailed under separate cover within ten (10) days of award. Refer to “Attachment 24: Bidder Certification of Current QA/QC Program.”

4. Bidders and subcontractors must certify ability to meet or exceed the data quality indicators and measurement quality objectives (MQOs) specified in the SWAMP QAPrP. Note: some of the SWAMP required quality control sample types are in addition to those required by the method. Analyses and determinations for ambient water monitoring work must be performed by qualified personnel. Refer to “Attachment 27: Certified Agreement to Comply with the SWAMP Quality Assurance Program (QAPrP)”

5. Bidders must provide proof, as part of the bid package, that they have successfully submitted data for at least five (5) analytes, including associated quality control data, to the SWAMP or CEDEN online data checker. Successful submission of data is defined as delivery of an error-free file (except for Station Code and Project Code), via the SWAMP data checker. Additionally, bidders must certify ability to comply with the requirements of the SWAMP Data Management Plan, including use of data delivery templates and the online checker. Refer to “Attachment 28: Certified Agreement to Comply with the SWAMP Data Management Program”

6. The selected Bidder or subcontractor must analyze samples within the sample holding time frames required by approved test procedures. For routine analytical requests, test results shall be available by telephone, e-mail, or fax within ten (10) working days from date of sample receipt by the Contractor. The official analytical report shall be mailed within fifteen (15) working days of sample receipt by the Contractor to the Water Boards’ Contract Manager. For rush turnaround time frames, the Contractor shall provide verbal results by telephone and e-mail, or fax of such analyses within forty-eight (48) hours of sample receipt by the Contractor. The official analytical report shall be mailed within three (3) working days of sample receipt to the Water Boards’ Contract Manager. For urgent turnaround time frames, the Contractor shall provide verbal results by telephone and e-mail, or fax of such analyses within ninety-six (96) hours of sample receipt by the Contractor. The official analytical report shall be mailed within five (5) working days of sample receipt to the Water Boards’ Contract Manager. Refer to “Attachment 25: Certification of Laboratory’s Ability to Meet Processing Timeframes.”

7. The selected Bidder must comply with holding times associated with specified methodologies in the Cost Tables. Refer to “Attachment 25: Certification of Laboratory’s Ability to Meet Processing Timeframes.”

8. The selected Bidder must participate in the Water Boards’ approved external audits of laboratory performance, at the Water Boards’ expense, by analyzing check samples of known composition. Check samples will be sent to the selected Bidder’s laboratory as regular samples without prior notice. The analytical data should be within the method specified range. If the analytical data falls outside the specified range, appropriate action must be taken to correct deficiencies, and samples must be reanalyzed until acceptable analytical data is obtained. Refer to “Attachment 26: Certified Agreement to Participate in External Audits of Laboratory.”

9. Corporations must certify they are in good standing and qualified to conduct business in California. Refer to “Attachment 16: Proof of Corporate Status.”

10. Non-profit organizations must provide a copy of their nonprofit status. Refer to “Attachment 17: Proof of Non-Profit status.”

11. Bidders must have a past record of sound business integrity and history of being responsive to past contractual obligations.

12. Bidders must meet Disabled Veteran Business Enterprise (DVBE) requirements. Refer to “Attachment 10: California Disabled Veteran Business Enterprise (DVBE) Program Requirement”

13. The winning Bidder must supply, before Agreement execution, proof of liability insurance that meets the requirements of Provision 5 of Exhibit D titled, Special Terms and Conditions.

Additional Bidder Minimum Qualification Requirements for the San Francisco Region (Region 2):

14. The Contractors laboratory must be located within a fifty (50) mile driving distance from the Regional Water Board Office.

To Analyst: Change Provision X above, based on the correlating provision listed in Exhibit D.

G. Bid Format and Content Requirements

1. General Instructions

a. Each individual or firm may submit only one bid. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one bid, the Water Board will reject all bids submitted by that firm or individual.

b. Develop bids by following all IFB instructions and instructions or clarifications in question/answer notices, clarification notices, or IFB addenda.

c. Before preparing a bid, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood.

d. Arrange for timely delivery of the bid package to the specified address. Do not wait until shortly before the bid submission deadline to submit the bid.

2. Bid Package Requirements

a. Sign applicable IFB attachments/forms in blue ink.

1) Have a person who is legally authorized to sign on behalf of the bidding firm sign each form that requires a signature. Signature stamps are not acceptable.

b. Submit one (1) original bid package.

1) Bid package must be complete with all required attachments and documentation.

2) Bid package must contain original signatures.

c. Bind each bid package with a single staple in the upper left-hand corner.

3. Bid Content Requirements

This section specifies the order and content of each bid and where applicable, indicates form/attachment completion instructions.

When completing the attachments, follow the instructions in this section and any instructions appearing on the attachment. Do not include supplemental information in your bid package or other materials that the Water Board has not requested in this solicitation.

H. Submission of Bids

1. Submission Instructions

a. Assemble one (1) original bid package.

b. Bidders are cautioned to not rely on the Water Board during the evaluation to discover and report to the Bidder any defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements.

c. Place the bid package in a single envelope or package. Seal the envelope.

d. The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

e. The State reserves the right to reject all bids. The State is not required to award an agreement.

f. Mail or arrange for hand delivery of the bid package to the Water Board’s office. Bids may not be transmitted electronically by fax or e-mail.

g. The Water Board’s office must receive the bid package, regardless of postmark or method of delivery, by 4:00 p.m. on February 12, 2016. The Water Board will not publicly open or read late bids.

h. It is advised to utilize the Bid Checklist when compiling the Bid package.

i. The sealed bid package must show your firm’s name and address as well as the information shown in the following box. Label and submit the bid package using one of the following methods:

· U.S. Mail,

· Hand Delivery,

· UPS, Federal Express, or

· Overnight Express

IFB 15-043-120

Danielle Knaus, Contract Analyst State Water Resources Control Board

1001 I Street, 18th Floor Sacramento, CA 95814 (Do Not Open)

2. Proof of Timely Receipt

a. Water Board staff will log and attach a date/time stamped slip or bid receipt to each bid package/envelope received. If a bid package is hand delivered, Water Board staff will give a bid receipt to the hand carrier upon request.

b. To be timely, the Water Board must receive bid packages at the stated place of delivery no later than 4:00 p.m. on the bid due date.

c. The Water Board will deem late bid packages nonresponsive.

3. Bidder Costs

Bidders are responsible for all costs of developing and submitting a bid package. Such costs cannot be charged to the Water Board or included in any cost element of a Bidder’s price offering.

I. Bid Opening

All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read at 10 a.m. on Monday, February 15, 2016 at the following address:

1001 I Street, 1st Floor Sacramento, CA 95814

Bidders that would like to attend the Bid Opening must email Danielle Knaus at Danielle.Knaus@Waterboards.ca.gov by Friday, February 5, 2016, 4pm so that arrangements can be made with the building’s security.

J. Bid Requirements and Information

1. Nonresponsive Bids

In addition to any condition previously indicated in this IFB, the following occurrences may cause the Water Board to deem a bid nonresponsive.

a. Failure of a Bidder to:

1) Meet DVBE participation goals, when required.

2) Meet bid format/content or submission requirements including the sealing, labeling, and/or timely and proper delivery of bid packages.

3) Submit all required documentation listed on the Certification Checklist.

b. If a Bidder submits:

1) A bid that is conditional, materially incomplete or contains material alterations or irregularities of any kind.

2) Price information that contradicts the price/cost figures on the Bid Form or submits cost information in a format contrary to the IFB instructions.

3) False, inaccurate or misleading information or falsely certifies compliance on any bid attachment.

1) If the Water Board discovers, at any stage of the bid process or upon Agreement award, that a Bidder is unwilling or unable to comply with the Agreement terms, conditions and exhibits cited in this IFB and/or the resulting Agreement.

2) Delinquent Tax Obligations (AB 1424 (Statutes of 2011) Public Contract Code 10295.4)

During the bid process, if a Prospective Bidder appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code, the Prospective Bidder’s submittal will be deemed nonresponsive and will not be considered.

c. If other irregularities occur in a bid response that are not specifically addressed herein (i.e., the Bidder places any conditions on performance of the scope of work, submits a counter offer/proposal, etc.)

2. Withdrawal and/or Resubmission of Bids All bid packages are to be complete when submitted. However, an entire bid package may be withdrawn and the Bidder may resubmit a new bid package.

a. Withdrawal Deadline

A Bidder may withdraw his/her bid any time prior to the bid due date.

b. Submitting a Withdrawal Request

1) Submit a written withdrawal request, signed by an authorized representative of the Bidder.

2) Label and submit the withdrawal request using one of the following methods:

Withdrawal IFB 15-043-120

1001 I Street, 18th Floor Sacramento, CA 95814 Withdrawal IFB 15-043-120

Fax (916) 341-5059

3) For faxed requests: Bidders must email Danielle Knaus at Danielle.Knaus@Waterboards.ca.gov to confirm receipt of a faxed withdrawal request. Follow-up the faxed request by mailing or delivering the signed original withdrawal request within 24 hours after submitting a faxed request.

An originally signed withdrawal request is required before the Water Board will return/release a bid package to a Bidder. The Water Board may grant an exception if the Bidder informs the Water Board that the Bidder will submit a new or replacement bid package immediately following the withdrawal.

c. Bid Mistakes

If prior to Agreement award, award confirmation, or Agreement signing, a Bidder discovers a mistake in their bid that renders the Bidder unable or unwilling to perform all scope of work services for the price/costs offered, the Bidder must immediately notify the Water Board and submit a written request to withdraw its bid following the procedures set forth in Section J, Paragraph 4b.

d. Resubmitting a Bid Package

After withdrawing a bid package, Bidders may resubmit a new bid package according to the submission instructions. Replacement bid packages must be received at the stated place of delivery by the due date and time.

3. Evaluation and Selection

This section describes, in general, the process that the Water Board will use to evaluate timely bid packages.

a. Bid Opening/Reading

All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read.

b. Bid Package Review

1) Shortly after the bid opening and reading, one or more evaluators will convene to review each timely bid package to confirm its responsiveness to the IFB requirements. This is a pass/fail evaluation.

2) If deemed necessary by the Water Board, additional Bidder documentation may be collected to confirm the claims made by each Bidder and to ensure that each Bidder is responsive to all bid requirements.

3) If the materials submitted by a Bidder do not prove, support or substantiate the claims made on the Required Certification Checklist, the bid will be deemed nonresponsive and rejected from further consideration.

c. If applicable, the Water Board will adjust bid amounts for any claimed preference following confirmation of eligibility with the Department of General Services.

d. The Water Board will mail, e-mail or fax a written “Notice of Award” to all firms that submitted a bid.

e. A “Notice of Intent to Award” will be sent out upon request or when the bid is not awarded to the lowest bidder.

4. Agreement Award and Protests

a. Agreement Award

1) Award of the Agreement, if awarded, will be to the responsive and responsible Bidder that offers the lowest cost. The lowest cost will be determined after the Water Board adjusts Bidder costs for applicable preferences.

If the Agreement is not being awarded to the bidder offering the lowest cost, the Water Board will notify the bidder at least five (5) working days prior to award that the Agreement is not being awarded to them.

The Water Board will confirm the Agreement award to the winning Bidder. The Water Board may confirm an award verbally, via e-mail, or in writing.

Upon written request from any bidder, the Water Board will post a notice of the proposed Agreement award at 1001 I Street, 1st floor Visitor’s Center, Sacramento, CA 95814 for at least five (5) working days prior to awarding the Agreement.

b. Settlement of Tie Bids

1) In the event of a precise tie between the lowest responsive bid submitted by a certified small business or microbusiness and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the Agreement will be awarded to the DVBE Bidder per Government Code Section 14838(f) et seq.

2) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted small business subcontractor preference and the lowest responsive bid submitted by a certified small business or microbusiness, the Agreement will be awarded to the certified small business or microbusiness.

3) In the event of a precise tie between the lowest responsive bid submitted by a nonprofit veteran service agency (NVSA) that is a certified small business and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the Agreement will be awarded to the certified DVBE.

4) In the absence of a California law or regulation governing a specific tie, the Water Board will settle all other tie bids in a manner the Water Board determines to be fair and equitable (e.g., coin toss, lot drawing, etc.). In no event will the Water Board settle a tie by dividing the work among the tied Bidders.

c. Protests

1) Who can Protest

Any Bidder who submits a bid may file a protest if the Bidder believes its bid package is responsive to all IFB requirements and its bid is the lowest dollar bid.

2) Grounds for Protests

Protests are limited to the grounds described in Public Contract Code (PCC) Section 10345. The Water Board will not make an award until all protests are withdrawn by the protestant, denied, or resolved to the satisfaction of the Department of General Services (DGS).

3) Protest Time Lines

a) If a Notice of Intent to Award is requested and posted by the Water Board, an eligible Bidder who wishes to protest the intended Agreement award must file a “Notice of Intent to Protest” with both the Water Board and the Department of General Services prior to award posting. Any Notice of Intent to Protest filed after the Water Board posts the Notice of Award shall be deemed untimely.

b) Within five (5) calendar days after filing a “Notice of Intent to Protest”, the protestant must file with both the Water Board and the Department of General Services a full and complete written protest statement identifying the specific grounds for the protest. The statement must contain, in detail, the reasons, law, rule, regulation, or practice that the protestant believes the Water Board has improperly applied in awarding the Agreement.

4) Submitting a Protest

A protest may be hand delivered, mailed, or faxed to the appropriate agencies. Label, address, and submit an initial protest notice and/or a detailed protest statement using one of the following methods.

Protest to Water Board’s

IFB 15-043-120

State Water Resources Control Board, Danielle Knaus, Contracts Unit 1001 I Street, 18th Floor P.O. Box 100

Sacramento, CA 95814 Protest to Water Board’s

IFB 15-043-120

Fax: (916) 341-5059

Protest to Water Board’s

IFB 15-043-120

Department of General Services

Office of Legal Services

Attention: Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330

P.O. Box 989052

West Sacramento, CA 95798-9052 Protest to Water Board’s

IFB 15-043-120

Dept. of General Services

Office of Legal Services

Fax: (916) 376-5088

5. Disposition of Bids

a. All materials submitted in response to this IFB will become the property of the Water Board and, as such, are subject to the Public Records Act (GC Section 6250, et seq.). The Water Board will disregard any language purporting to render all or portions of any bid package confidential.

b. Upon making an award, all documents submitted in response to this IFB and all documents used in the selection process (e.g., review check lists, letters of intent, etc.) will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and shall be subject to review by the public.

c. The Water Board may return a bid package to a Bidder at their request and expense after the Water Board concludes the bid process.

6. Inspecting or Obtaining Copies of Bids

a. Who can Inspect or Copy Bid Materials

Any person or member of the public can inspect or obtain copies of bid materials.

b. What can be Inspected / Copied and When

1) On or after the Water Board makes a Notice of Intent to Award (if applicable) or an Award, all bids, Bidders list, conference sign-in/attendance sheet, check lists and/or evaluation sheets become public records. These records shall be available for review, inspection and copying during normal business hours.

c. Inspecting or Obtaining Copies of Bid Materials

Persons wishing to view or inspect any bid related materials must identify the items they wish to inspect and must make an inspection appointment by contacting Danielle Knaus at Danielle.Knaus@Waterboards.ca.gov.

Persons wishing to obtain copies of bid materials may visit or mail a written request to the Water Board office identified below. The requestor must identify the items they wish to have copied. Materials will not be released from State premises for the purposes of making copies.

Unless waived by the Water Board, a check covering copying and/or mailing costs must accompany the request. Copying costs, when applicable, are charged at a rate of ten cents per page. The Water Board will fulfill all copy requests as promptly as possible. Submit copy requests as follows:

Request for Copies—IFB No. 15-043-120 Danielle Knaus, Contract Analyst Division of Administrative Services 1001 I Street, 18th Floor Sacramento, CA 95814 Danielle.Knaus@Waterboards.ca.gov

7. Verification of Bidder Information

By submitting a bid, Bidders agree to authorize the Water Board to:

a. Verify any and all claims made by the Bidder including, but not limited to verification of prior experience and the possession of other qualification requirements, and

b. Check any reference identified by a Bidder or other resources known by the State to confirm the Bidder’s business integrity and history of providing effective, efficient and timely services.

8. Water Board Rights

In addition to the rights discussed elsewhere in this IFB, the Water Board reserves the following rights.

a. IFB Corrections

1) The Water Board reserves the right to do any of the following up to the bid submission deadline:

a) Modify any date or deadline appearing in this IFB or the IFB Time Schedule.

b) Issue clarification notices, addenda, alternate IFB instructions, forms, etc.

c) Waive any IFB requirement or instruction for all Bidders if the Water Board deems the requirement or instruction unnecessary, erroneous or unreasonable. If deemed necessary by the Water Board, the Water Board may also waive any IFB requirement or instruction after the bid submission deadline.

d) Allow Bidders to submit questions about any IFB change, correction or addenda. If the Water Board allows such questions, specific instructions will appear in the cover letter accompanying the document.

2) If deemed necessary by the Water Board to remedy an IFB error or defect that is not detected in a timely manner, the Water Board may also issue correction notices or waive any unnecessary, erroneous, or unreasonable IFB requirement or instruction after the bid submission deadline.

3) If applicable, the Water Board will post on the California State Contracts Register at www.cscr.ca.gov/cscr clarification notices or addenda. Be sure to check this website often.

4) The Water Board at its sole discretion, reserves the right to collect, by mail, e-mail, fax or other method, the following non-material information:

a) Signed copies of any form submitted without a signature.

b) Data or documentation omitted from any submitted IFB attachment/form.

c) Information/material needed to clarify or confirm certifications or claims made by a Bidder.

d) Information/material or form needed to correct or remedy an immaterial defect in a bid package.

b. Immaterial Bid Defects

1) The Water Board may waive any immaterial defect in any bid package and allow the Bidder to remedy those defects. The Water Board reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect.

2) The Water Board’s waiver of an immaterial defect in a bid package shall in no way modify this IFB or excuse a Bidder from full compliance with all bid requirements.

c. Correction of Clerical or Mathematical Errors

1) The Water Board reserves the right, at its sole discretion, to overlook, correct or require a Bidder to remedy any obvious clerical or mathematical errors on a bid form.

2) If the correction of an error results in an increase or decrease in the total price, the Water Board shall give the Bidder the option to accept the corrected price or withdraw their bid.

3) Bidders may be required to initial corrections to costs and figures on the Bid Form if the correction results in an alteration of the cost(s) offered.

4) If a mathematical error occurs in a total or extended price and a unit price is present, the Water Board will use the unit price to settle the discrepancy.

d. Right to Remedy Errors

The Water Board reserves the right to remedy errors caused by:

1) The Water Board’s office equipment malfunctions or negligence by agency staff.

2) Natural disasters (i.e., floods, fires, earthquakes, etc.).

e. No Agreement Award or IFB Cancellation

The issuance of this IFB does not constitute a commitment by the Water Board to award an Agreement. The Water Board reserves the right to reject all bids and to cancel this IFB if it is in the best interest of the Water Board to do so.

f. Agreement Amendments after Award

As provided in the Public Contract Code governing Contracts awarded by competitive bid, the Water Board reserves the right to amend the Agreement after the Water Board makes an Agreement award.

The Water Board may renew this Agreement for one (1) additional year at the rates indicated in the bid.

K. Preference Programs

To confirm the identity of the lowest responsive Bidder, the Water Board will adjust the total bid cost for applicable claimed preference(s). The Water Board will apply preference adjustments to eligible Bidders according to State regulations following verification of eligibility with the appropriate office of the Department of General Services (DGS).

1. Small/Micro Business Preference

a. A responsive California small/micro business or Bidder, certified in a relevant business category or type, will be granted a preference of five percent (5%) of the lowest responsive bid, if that bid is submitted by a non-small/micro business. Non-small business means a responsive/responsible Bidder that is not certified by the California Department of General Services as a small business or microbusiness. The “service” category is the business type that will most likely apply to this solicitation. Nonprofit Veteran Service Agencies (NVSA) are to view the instructions in provision 3 of this section (Preference Programs).

b. In granting small/micro business preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

c. To be certified as a California small/micro business and eligible for a bidding preference the business concern must meet the State’s eligibility requirements and must have submitted an application for small/micro business status no later than 5:00 p.m. on the bid submission deadline.

d. Firms desiring small/micro business certification must obtain the Small Business Certification Application (i.e., STD 812 or other form) from the appropriate office of the Department of General Services, fully complete the application, and submit it to the Department of General Services as instructed in the application. Prospective bidding firms desiring small business certification assistance, may contact DGS by the following means:

1) (916) 322-5060 (24 hour recording and mail requests), or

2) (916) 375-4940 (Small business assistance) or (800) 559-5529 (live operator-Central receptionist), or

3) Internet address: http://www.pd.dgs.ca.gov/smbus/default.htm or

4) Fax: (916) 375-4950, or

5) Email: osdchelp@dgs.ca.gov

2. Non‑Small Business Subcontractor Preference

a. Non-small business means a responsive/responsible Bidder that is not certified by DGS as a small business or microbusiness.

b. If the tentative low Bidder is not a certified DVBE or small/micro business, a bid preference of five percent (5%) is available to a responsive non‑small business claiming twenty‑five percent (25%) small business subcontractor participation with one or more small businesses. This preference is authorized pursuant to Title 2, California Code of Regulations Section 1896.2 and Government Code Section 14835.

c. If a Bidder claims the non‑small business subcontractor preference, the bid response must identify each proposed small business subcontractor, the participation percentage amount committed to each identified subcontractor, and substantial proof to enable verification of each subcontractor’s small business status. The total small business subcontractor participation must equal no less than twenty‑five percent (25%) of the total bid price or cost offered.

d. To be granted preference, each proposed small business subcontractor must possess an active small business or micro business certification issued by the California Department of General Services, must perform a “commercially useful function” under the Agreement and the basic functions to be performed must be identified at the time of bidding.

e. In granting the non-small business subcontractor preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

f. Complete the Non-Small Business Subcontractor Preference Request and Small Business Subcontractor Supplier Acknowledgement to request the non-small business subcontractor preference.

Any firm that is granted the Non-Small Business Subcontractor preference cannot displace an award to a certified small business.

3. Nonprofit Veteran Service Agency (NVSA) Small Business Preference

a. Pursuant to Military and Veteran Code Section 999.50 et seq., responsive/responsible nonprofit veteran service agencies (NVSAs) claiming small business/microbusiness preference and verified as such in the relevant category or business type prior to the bid submission due date will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a Bidder not certified as a small business/microbusiness.The “service” category is the business type that will most likely apply to this solicitation.

b. In granting small business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

c. To be eligible for the NVSA small business preference, the business concern must:

1) Request preference at the time of bid submission, and

2) Become certified as a small business or micro business by the appropriate office of the DGS prior to…