23ECC003_IFB_FINAL.pdf

arb.ca.gov 1001 I Street • P.O. Box 2815 • Sacramento, California 95812 (800) 242-4450

INVITATION FOR BID

Notice to Prospective Bidders

IFB No. 23ECC003

April 19, 2024

You are invited to review and respond to this Invitation for Bid (IFB) No. 23ECC003, entitled, “Procurement of Off-Road Equipment for the California Air Resources Board”. In submitting your bid, you must comply with the instructions found herein.

This IFB is published online in the California State Contracts Register (CSCR) at https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda that may be issued, interested parties are encouraged to register online at: https://caleprocure.ca.gov.

The California Air Resources Board (CARB) deadline for receipt of bids is May 9, 2024, no later than 11:00 a.m. (PST). All bids must be submitted via electronic mail to Purchasing@arb.ca.gov. Faxed, hand delivered and mailed bids will not be accepted. Bids must be submitted no later than the date and time indicated under Section II. A. Key Action Dates and addressed as follows: Purchasing@arb.ca.gov. File size cannot exceed 50 Mega Bytes (MB). The naming convention of the bid must be in the following format: “IFB 23ECC003 [insert vendor name] Bid.” Bids must be received on or before the date and time specified herein and the email addresses provided below:

EMAIL IFB Bids to:

Purchasing@arb.ca.gov

Cc: anthony.picciano@arb.ca.gov Cc: michele.han@arb.ca.gov

You are advised that you are responsible for ensuring that your bid is received by the above listed contact person by the time and date required. Any bid reaching the contact person after the deadline date and time will be rejected.

In CARB’s opinion, this IFB is complete and without need of explanation. However, if you have questions, notice any discrepancies or inconsistencies, or need any clarifying information, the contact person for this IFB is listed below. All questions must be submitted in accordance with the IFB instructions contained herein and sent via email directly to the below listed contact person and not through the Cal eProcure system.

Contact: Anthony Picciano Email: anthony.picciano@arb.ca.gov

CC: michele.han@arb.ca.gov

We appreciate your interest in this project and hope to receive a bid from you if this is within your area of expertise.

https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/ mailto:Purchasing@arb.ca.gov mailto:Purchasing@arb.ca.gov mailto:anthony.picciano@arb.ca.gov mailto:michele.han@arb.ca.gov mailto:anthony.picciano@arb.ca.gov mailto:michele.han@arb.ca.gov

California Air Resources Board

TABLE OF CONTENTS

SECTION PAGE

I. SCOPE OF WORK

II. BID INSTRUCTIONS AND INFORMATION

A. IFB Key Action Dates B. Submission of Bid C. Bid Submission Withdrawal D. Bidder Responsibilities E. Minimum Bidder Qualifications F. General Requirements G. Bid Rejection H. Signature I. Bid Opening and Evaluation J. Disposition of Bids K. Selection and Award L. Standard Conditions of Service M. Socio-Economic and Preference Programs N. Targe Area Contract Preference Act (TACPA) O. Darfur Contracting Act Certification

DRAFT STANDARD AGREEMENT

Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit B – Budget Detail and Payment Provisions Exhibit B, Attachment 1 – Contractor Cost Sheet Exhibit D – Special Terms and Conditions Exhibit E – Additional Provisions

ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

3. Bidder’s Acknowledgement of Prevailing Wage Requirements

4. Contractor Cost Sheet

5. Bidder References

6. Payee Data Record (STD 204)

7. Payee Data Record Supplement (STD 205)

8. Contractor Certification Clauses (CCC 04/2017)

9. Bidder Declaration (GSPD-05-105)

10. DVBE Bid Incentive Instructions

11. Darfur Contracting Act Certification

12. California Civil Rights Law Certification (if applicable)

13. Detailed Response for Minimum Qualifications

14. COVID-19 Prevention Contractor Self-Certification

15. Vehicle Date/Time Stamp Record

16. Vehicle Inspection & Damage Report

17. Contractor Acceptance Form

18. Authorization for Emission Testing and Repair Form

I. SCOPE OF WORK

A. Definitions

a. Capture Day: Each calendar day that a Participant’s vehicle is in the possession of the California Air Resources Board (CARB) as a vehicle accepted for testing, including days when a vehicle is undergoing pre-acceptance repairs or is rejected.

b. Contractor: Either the Contractor itself or any person who is legally authorized to represent the Contractor.

c. Subcontractor: Person or entity that has entered into a subcontract with the Contractor to perform work under the contract.

d. Driver: Contractor staff or a subcontractor staff who possess a current California Class A driver’s license.

e. Operator: Sub-contractor staff that operates the off-road equipment.

f. Driver’s Travel Expenses: When approved by CARB’s Contract Manager, the Driver may invoice for travel to a location to obtain the off-road vehicle (ORV) that is beyond one hundred (100) miles, one way, from the Contractor’s headquarters. CARB shall only reimburse travel expenses for one Driver. Any non-drivers’ travel expenses shall be included in the Procurement Base Fee. See the travel clause in Exhibit B – Budget Detail and Payment Provisions.

g. Handling Fee: Contractor may charge CARB a percentage based on total cost for managing a task during ORV procurement. Handling fee per ORV per task per invoice period are defined in the Handling Fees Cost Table in Attachment 4, Contractor Cost Sheet.

Contractor shall not charge CARB any handling fees on procurement base fees and tasks performed by the Contractor internally. Individual task costs may not be split among cost fee ranges.

h. ORV Repair: For the purposes of this Agreement, the term “vehicle repair” refers to commercial services provided, such as parts/component replacement, repair, diagnosis, inspection, maintenance, vehicle report or other tasks performed to the ORV at the request of CARB’s Contract Manager or designee for testing purposes. Such repair tasks shall only be performed after a written consent is obtained from the Participant. CARB may elect to retain any replaced parts/component.

i. Heavy-Duty Vehicle (HDV): A vehicle that has a gross vehicle weight rating of more than

14,000 lbs. or an engine that is used in an incomplete or a complete heavy-duty vehicle or equipment. This may include a trailer/equipment that is designed to carry a specific load on its own structure, drawn by an HDV.

j. Off-Road Vehicle (ORV): A vehicle or an equipment that is used off-road. Off-road vehicles utilize compression ignition engines. This includes equipment that is designed to propel while carrying a specific load or performing a function on its own structure, such as construction and farm equipment.

k. Participant: A commercial ORV rental company, business, public fleet (other than the State of California), ORV dealer, or private owner who has agreed to allow their vehicle to be rented or used by the Contractor for no more than thirty (30) days at a time for the purposes of testing by CARB. The Participant may also referred to as the “Vehicle Owner.”

l. Per-Mile Flat Rate Fee: The all-inclusive fee that the Contractor will charge CARB for transporting ORVs at the request of the CARB Contract Manager or designee. The mileage is the actual driven distance on the ORV only.

m. Procurement Base Fee: A fee which covers the administrative expenses related to the procurement of an ORV for CARB’s testing program. The Procurement Base Fee for renting of one ORV inclusively covers all the services necessary to source, secure, schedule, and transact a rental agreement for an ORV requested by CARB. A fee at a different rate will apply to trailer or equipment trailer procurement. The Procurement Base Fee does not include the recurring rental or lease charge.

n. Rental or Lease Agreement: The fully executed short-term rental agreement on the requested ORV.

o. Task: A task is essential to the post-procurement service regarding paying the rent, storage, ORV repair, as described in the ORV repair section in the Scope of Work and towing for an ORV procurement. Contractor may charge CARB a handling fee associated with a task in accordance with the Handling Fees Cost Table in the Contractor Cost Sheet, Attachment 4.

In order to be reimbursed by CARB any task must be itemized and supported with original receipt.

p. Trailer or Equipment Trailer: A vehicle that is designed to carry a specific load on its own structure, drawn by an ORV. Within this contract, unless for special purpose, a trailer or equipment trailer is often implied in the general meaning of ORV without distinguishing.

B. Purpose

The California Air Resources Board (CARB) is seeking a Contractor to perform short-term off-road vehicle (ORV) procurement rental services and to procure related parts and consumables for CARB testing support at a Participant’s location or to transport the rented or privately owned ORVs to CARB-designated test sites identified in this IFB. ORVs and related parts and consumables will be used for test programs conducted by CARB. The short term rental of ORVs and related parts and consumables shall be sourced by the Contractor from commercial ORV rental companies, government/public fleet (other than the State of California), and/or ORV dealers authorized in California to rent such vehicles and equipment from private citizens, businesses, and vehicle fleets within California. CARB shall not be charged more than fair market rate for such rentals.

C. Background

CARB is charged with protecting air quality in California, conducting research regarding the causes and solutions to air pollution, and enforcing California laws for the control of air pollution emissions from motor vehicles. One of CARB’s primary duties is the adoption of standards, rules and regulations applicable to various sources of air pollution, including on-road and off-road motor vehicles, vehicular fuels, greenhouse gas emissions and other carcinogenic, teratogenic, mutagenic or otherwise toxic air contaminants. CARB is further charged with developing and adopting chemical, engineering, and other scientific test procedures in support of its regulations. Pursuant to and in accordance with these directives, CARB has promulgated a significant number of regulations and test procedures applicable to on-road and off-road mobile sources.

CARB’s ability to promulgate regulations and test procedures is directly dependent upon defensible data generated from testing light-duty, medium-duty, and heavy-duty vehicles, and off-road mobile and non-mobile sources at laboratories located in Riverside, Sacramento, Los Angeles, and other emissions testing laboratories in California or locations within the United States, if necessary. In order to obtain test vehicles/equipment, CARB manages a procurement process which involves the renting of vehicles from private citizens, local governments, or businesses for limited periods of time.

Required restrictions specific to the final selection of Contractor: To reduce the potential for real or perceived conflict of interest, and to protect the environmental integrity of the Cap-and-Trade Program, the Contractor chosen to provide the services described in this IFB may not subsequently apply to be a third-party verifier or verification body approved to provide services under the Cap-and-Trade Regulation and the Mandatory Reporting Regulation (MRR) and may not apply to be a third-party Offset Project Registry or Offset Project Operator. The Contractor also may not be a covered entity under the Cap-and-Trade Program. To determine eligibility please review the Cap-and-Trade Regulation, which can be found here:

http://www.arb.ca.gov/regact/2010/capandtrade10/finalrevfro.pdf

D. Scope of Work

The Contractor shall provide CARB with ORV procurement services to support CARB’s in-use compliance, vehicle surveillance, emissions testing, repair durability study, and research needs. The Contractor shall provide necessary ORV-related parts and consumables (such as wire harness, modified exhaust pipe, and adapters) within the allotted amount indicated in Attachment 4, Contractor Cost Sheet.

Procured ORVs shall be sourced from commercial rental companies, businesses, government/public fleet (other than the State of California), ORV dealers, or private owners. The ORVs shall be procured from within California, preferably within an approximate one hundred (100) mile radius of one of the three (3) CARB test facilities listed below. However, when required by the CARB Contract Manager or designee, the Contractor shall be prepared and capable of procuring an ORV from any location within the United States.

CARB Test Facilities

Depot Park Facility 8311 Galena Avenue, Sacramento, CA 95828

California Department of Transportation

6685 Marine Way, Irvine, CA 92618

Riverside New CARB South Headquarters (also known as the Mary D. Nichols Campus)

4001 Iowa St., Riverside, CA 92507

The Contract term shall be thirty-six (36) months. More detailed information can be found in the Draft Standard Agreement.

CARB’s budget for this project is $147,000.00. Bids exceeding this amount will be deemed non-responsive and ineligible for award.

II. BID INSTRUCTIONS AND INFORMATION

This section contains instructions for each Bidder and timely submission of your bid.

It also contains the bid requirements and other important information crucial for submittal of a responsive and responsible bid. It is the responsibility of the Bidder to carefully read and follow all bid requirements within this Invitation for Bid (IFB). Compliance with the IFB instructions is mandatory for your bid to be considered for award. Failure to comply with http://www.arb.ca.gov/regact/2010/capandtrade10/finalrevfro.pdf the IFB instructions will cause your bid to be deemed non-compliant and non-responsive, thus, ineligible for award.

Please read and carefully follow the instructions listed in the following sections. The instructions are separated by category, each with its own requirements and necessary information for submission of a timely and responsive bid. All requirements and specifications in the IFB must be responded to, and all requested data must be supplied for a bid to be considered responsive.

A. IFB Key Action Dates

Below is the tentative time schedule for this IFB. CARB reserves the right to modify the IFB and/or change the date and time at its sole discretion, prior to the date fixed for submission of bids, by the issuance of an addendum to all parties who received a bid package.

i. CARB reserves the right to modify or cancel in whole or in part, this IFB.

ii. Clarifications to this IFB will be given only in the form of addenda to all Bidders.

Time Schedule Date Time

IFB Posted on Cal eProcure April 19, 2024 N/A Deadline for Submission of Written Questions April 29, 2024 11:00 a.m. (PST)

Responses to Questions Posted May 3, 2024 3:00 p.m. (PST)

Bid Submission Due / Opening of Bids Teams Meeting: Join the meeting now

May 9, 2024 11:00 a.m. (PST)

Notice of Intent to Award (posted for 5 days) May 17, 2024 N/A

Estimated Contract Start Date June 21, 2024 N/A

Dates listed above are estimates only and subject to change at CARB’s discretion. The estimated start date shall not be considered as the actual start date of the contract. No work shall begin until all required approvals and signatures are obtained.

Written questions must be submitted via electronic mail by the date and time indicated in Section II.A., IFB Key Action Dates. All written questions received prior to the date indicated for the Written Questions Deadline will be answered in the form of an addendum and posted online at https://caleprocure.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 all parties/participants.

All questions or concerns related to the IFB must be directed electronically to:

Acquisitions Branch

Contact: Anthony Picciano Email: Anthony.Picciano@arb.ca.gov

CC: Michele.Han@arb.ca.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2FhZmZlNTEtMDk2NS00ODcxLTliNjYtNmFkZTRiYzk1ZDNj%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%22b43ca01a-d5cc-48f8-99ed-3959160f82f0%22%7d https://caleprocure.ca.gov/ mailto:Anthony.Picciano@arb.ca.gov mailto:Michele.Han@arb.ca.gov

B. Submission of Bid

1. All bids RECEIVED by CARB must be submitted electronically and sent to CARB by the date and time shown in the time schedule in Section II. A., “IFB Key Action Dates.”

2. Time of delivery is of the essence and must be adhered to. Any bid received after the due date and time as outlined in the time schedule in Section II.A., “IFB Key Action Dates” will be rejected by CARB as not complying with a mandatory requirement of this IFB.

3. Bids must be submitted no later than the date and time indicated under Section II. A.

Key Action Dates and file size cannot exceed 50 Mega Bytes (MB).

4. The naming convention of the bid must be in the following format: “IFB 23ECC003 [insert vendor name] Bid.”

5. Bids must be submitted to the following addresses:

Purchasing@arb.ca.gov CC: anthony.picciano@.ca.gov CC: michele.han@arb.ca.gov

6. Bids received after this date and time will be rejected.

C. Bid Submission Withdrawal

A Bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

Withdrawal and Modification of Bid Package Bids may be withdrawn prior to the time noted in the NOTICE TO BIDDERS for the opening of bids, provided that a request in writing, executed by Bidder or Bidder’s authorized representative, for withdrawal of such bid is filed with CARB via electronic submission or at the location of the bid opening as indicated in the NOTICE TO BIDDERS. Withdraw of a bid shall not prejudice the right of a Bidder to file a new bid.

A Bid Package submitted prior to the submittal deadline may be modified by the submitting Bidder. The Bidder must:

• Provide a written request to the contact person listed in the NOTICE TO BIDDERS.

• Identify the requesting individual and their association to the Bidder

Bids cannot be withdrawn or modified after the submittal deadline has passed.

D. Bidder Responsibilities

1. Before submitting a response to this solicitation, Bidders should review, correct all errors, and confirm compliance with the IFB requirements.

2. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the Bidder and shall not be charged to CARB. This mailto:Purchasing@arb.ca.gov mailto:anthony.picciano@.ca.gov mailto:michele.han@arb.ca.gov includes, but is not limited to: delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, any and all travel related expenses incurred in the performance of completing the bid for submittal; or for any other purpose unless expressly included and itemized in the bid solicitation.

3. Prior to submission of bid, Bidder shall examine any specifications and instructions or other materials required and included in the bid package to ensure that they meet all the requirements stated in this IFB.

4. It is the Bidder’s responsibility to promptly notify the CARB Contract Analyst identified in the solicitation by email, if the Bidder believes that the solicitation is unfairly restrictive, contains errors or conflicting language, or needs clarification. Such notification must be submitted no later than 72 hours prior to bid opening date and time. All such correspondence received after the 72-hour deadline will not be considered and deemed ineligible for review and/or response from CARB.

5. Before submitting a response to this IFB, the Bidder should review their response, correct all errors, and confirm compliance with the IFB requirements. It is the Bidder’s responsibility to complete and submit all required attachments as listed on Attachment 1, Required Attachment Checklist.

6. Bidder must complete and submit Bid/Bidder Certification Sheet, Attachment 2.

7. Bidder must complete and submit Bidder’s Acknowledgement of Prevailing Wage Requirements, Attachment 3. Submission of this attachment is mandatory. Failure to fully complete and return attachment with your bid will cause your bid to be rejected and deemed non-responsive.

8. Bidder must complete and submit Contractor Cost Sheet, Attachment 4. Submission of this attachment is mandatory. Failure to fully complete and return this attachment with your bid will cause your bid to be rejected and deemed non- responsive.

9. References must be provided using Bidder References Form, Attachment 5.

Submission of this attachment is mandatory. Failure to fully complete and return this attachment with your bid may cause your bid to be rejected and deemed non-responsive.

10. Bidder must complete and submit to CARB, the Payee Data Record (STD 204), Attachment 6, to determine if the selected bidder is subject to State income tax withholding, pursuant to California Revenue and Taxation Code, Section 18662. This form can be found on the Internet at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf. Contract payment cannot be made unless a completed STD 204 and/or Payee Data Record Supplemental STD 205 (if applicable), Attachment 7, has been returned to CARB. This form can be found on the Internet at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

11. Bidder is responsible for reviewing, reading, understanding, and complying in full with the State’s General Terms and Conditions along with the Contractor Certification Clauses (CCCs) at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of- Legal-Services-Resources-List-Folder/Standard-Contract-Language. The Bidder must sign and return CCCs, Attachment 8.

12. The Bidder must complete and submit Bidder Declaration Form, Attachment 9.

13. The Bidder must sign and submit to CARB, the Darfur Contracting Act Certification, Attachment 11.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

14. Bidder must sign and submit to CARB, the California Civil Rights Laws Certification, Attachment 12.

15. The Bidder must be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

16. The Bidder must own and operate a legitimate business. If required by law, the bidder must be registered and in good standing with the California Secretary of State. All businesses that are required to be registered with the Secretary of State must be registered prior to date of Agreement award. Evidence of registration shall be submitted with bid.

17. In the event that any license(s) and/or permit(s) expire at any time during the term of this agreement, Bidder agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the Bidder fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

E. Minimum Bidder Qualifications

The Bidder must provide a detailed response, outlining information as to how the Bidder meets each of the minimum qualifications listed below. The Bidder must provide their detailed response on Attachment 13, Detailed Response for Minimum Qualifications.

Bids that do not meet the minimum qualifications may be determined non-responsive and ineligible for award.

1. Bidder must have three (3) consecutive years of uninterrupted HDV procurement and two (2) years of uninterrupted ORV procurement experience.

2. Bidder must have a full-time procurement manager with a minimum of one (1) year experience in ORV procurement.

3. Bidder must have a sufficient number of full-time California licensed Class-A drivers to provide ORV delivery services to CARB facilities.

4. Bidder must have a main facility or a satellite facility located within a 50 mile radius of CARB’s Riverside Headquarters or CARB’s Depot Park Facility.

5. Bidder must be able to provide vehicles that are not restricted to its own inventory.

6. Bidder must provide ORV short-term procurement/rental service for both CARB’s short-term (days) and long-term (months) projects.

F. General Requirements

1. Insurance Requirements

It is the Bidder’s responsibility to provide insurance and endorsements as described in the Draft Standard Agreement, Exhibit D, Special Terms and Conditions, if selected for award.

2. Subcontracts/Subcontractors

If subcontractors are to be used, the Bidder must include the description of each person or firm and the work to be done by each subcontractor in Attachment 9, Bidder Declaration. Subcontractors, if any, must be identified and their qualifications.

If the subcontractor(s) are selected after the contract is executed, Bidder must notify the CARB Contract Manager or designee and obtain CARB’s approval of the subcontractor(s) in writing.

3. COVID-19 Prevention Contractor Self-Certification

As part of CARB’s ongoing efforts to protect the health and safety of its employees, CARB is requesting all vendors/contractors who perform work in person or on site to provide certification that the vendor’s/contractor’s employees and subcontractors have provided documentation to the vendor/contractor that the employees are either fully vaccinated against COVID-19 (as defined by the CDC), or have obtained a negative COVID-19 test result within seventy-two (72) hours of in-person or on-site work. The vendor/contractor does not need to provide the documentation of employees’ or subcontractors’ vaccination status or negative test result to CARB. If no employees or subcontractors of the vendor/contractor will interact with any CARB employees or perform work on site, CARB requests the vendor/contractor certify to this effect.

Additionally, all contractors who perform services under a contract with CARB are expected to, at their own expense, comply with all applicable health and safety laws and regulations. This includes, but is not limited to, all laws, regulations, and public health orders related to the COVID-19 pandemic. Bidder must sign and submit to CARB, the COVID-19 Prevention Contractor Self-Certification, Attachment 14.

G. Bid Rejection

1. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

2. Bids must be completed in all respects as required by the IFB. A bid will be rejected if it is conditional or incomplete, or if it contains any alterations of forms or other irregularities of any kind. The State may reject any or all bids and may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the Bidder from full compliance with all requirements, if awarded the agreement. A bid must be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements.

3. CARB reserves the right to reject any or all bids for any reason. The agency is not required to award an agreement. Each bid will be checked in detail to determine its compliance with the IFB requirements. If a bid fails to meet any IFB requirements, CARB will determine if the deviation is material; a material deviation will cause rejection of the bid. A non-material deviation (errors in mathematical computation, spelling, etc.) will be examined to determine whether the deviation is acceptable. If accepted, the bid will be processed as if no deviation had occurred.

4. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the Bidder, will be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this

IFB, it will be the basis for rejection of the bid.

5. Bids received past the date and time specified in the table in Section II.A., “IFB Key Action Dates,” will be deemed non-responsive and rejected. Under no circumstances will any bids be accepted past the date and time stated in the table. All such bids received past the date and time will not be accepted.

6. All bids received must be submitted to the addresses and format specified in this IFB. If the bid is not submitted in the format specified in Section II.B, “Submission of Bid”, or to the incorrect address, the bid will be deemed non-responsive.

7. Bidders are required to submit their bids as PDF attachments via email. Any bids containing external links to websites or file-sharing services will not be evaluated and will be deemed non-responsive.

H. Signature

1. An individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet, Attachment 2. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

2. All documents requiring a signature must bear an original or electronic signature of a person authorized to bind the bidding firm and must be duly authorized to sign the contract/agreement if awarded the bid.

I. Bid Opening and Evaluation

1. The bids will be publicly opened and read promptly at the time and place indicated in the IFB, as stated in the table in Section II.A., “IFB Key Action Dates.”

2. A Bidder’s bid must constitute an irrevocable offer for a period of at least 90 days following the scheduled date for contract award and execution.

3. CARB will put each bid through an administrative evaluation process pursuant to the published requirements to determine the Bidder’s responsiveness to the IFB.

J. Disposition of Bids

Upon bid opening, all original documents submitted in response to this IFB will become the property of the State of California and CARB, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.).

K. Selection and Award

1. Award, if made, will be to the lowest responsive, responsible Bidder.

2. Upon written request by any Bidder who has submitted a bid, notice of the proposed award shall be posted at least five working days prior to awarding the contract.

Notice of the proposed award shall be posted on CaleProcure at California State Government Marketplace and online at Contract Information | California Air Resources Board.

3. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) working days prior to the award of the https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/pages/index.aspx https://ww2.arb.ca.gov/contract-information https://ww2.arb.ca.gov/contract-information agreement.

4. Bidders may protest the proposed award(s) by filing a notice of protest with CARB and the Department of General Services (DGS), Office of Legal Services (OLS).

5. Protest notices should contain full contact information, including an email address, and must be filed with:

Acquisitions Section Attention: Alice Kindarara, IFB 23ECC003

1001 I Street Sacramento, CA 95814 Email: Purchasing@arb.ca.gov

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Bid Protest Coordinator email address:

OLSProtests@dgs.ca.gov

6. Within five (5) calendar days after filing the protest notice, the protesting Bidder shall file with DGS, OLS and CARB a detailed written statement specifying the grounds for the protest.

7. The Agreement shall not be awarded until either the protest has been withdrawn or the State has decided the matter.

8. Proposed Contractor will receive a fully executed contract with all necessary terms and conditions and exhibits/attachments. Proposed Contractor should carefully read the entire contract and be sure to sign contract and all required documents.

9. Such award, if made, will be made within sixty (60) days after opening of bids, if not sooner. Contract shall be signed by bidder and returned within ten (10) working days of receipt. If lowest responsive, responsible bidder refuses or fails to execute the contract, CARB may award the contract to the next lowest responsive, responsible bidder.

L. Standard Conditions of Service

1. Services shall be available on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another Contractor.

2. All performance under the agreement shall be completed on or before the termination date of the agreement.

3. The State does not accept alternate contract language from a prospective

Contractor. A bid with such language may be considered a counter proposal and may be rejected. The State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) are not negotiable. The GTC and CCCs are included in the sample agreement attached to this package and may also be viewed at the Internet site: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract- Language under Standard Contract Language.

mailto:Purchasing@arb.ca.gov mailto:OLSProtests@dgs.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

4. The State does not negotiate rates and/or costs listed on any bid submitted.

5. No oral understanding or agreement shall be binding on either party. Any changes or alterations to the contract/agreement must be in writing and approved by both parties and/or Department of General Services’ Office of Legal Services, if required.

M. Socio-Economic and Preference Programs

1. Disabled Veteran Business Enterprise (DVBE) Incentive (Optional)

This solicitation does not require a minimum amount of DVBE participation. However, you are strongly encouraged to either become certified, if eligible, or to subcontract a portion of the work to a certified DVBE.

If a prime Bidder is a certified DVBE or commits to subcontracting with DVBE(s), it may be eligible to receive an incentive provided that the DVBE provides a commercially useful function as defined in California Code of Regulations, Title 2, Section 1896.61(l). For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration (GSPD-05-105), Attachment 9, and confirmed by the State.

The incentive amount varies in conjunction with the percentage of DVBE participation offered and in accordance with the “California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions,” Attachment 10. The minimum requirement is 1% with a maximum of 5% DVBE participation and the incentive will be equal to the participation offered as defined below:

Confirmed DVBE Participation of:

DVBE

Incentive:

1% to 1.99% inclusive 1% 2% to 2.99% inclusive 2% 3% to 3.99% inclusive 3% 4% to 4.99% inclusive 4%

5% or Over 5%

Bidders claiming the DVBE incentive must complete and return the Disabled Veteran Business Enterprise Declarations form (STD 843) found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

2. Small Business (SB) or Microbusiness (MB) Preference (Optional)

If Bidder is claiming the 5% certified SB or MB preference or is committing to subcontract 25% or more of their net bid price to one or more Certified SBs or MBs, complete Bidder Declaration (GSPD-05-105), Attachment 9, and attach a copy of the certification.

Additional References: https://www.dgs.ca.gov/PD/

Questions regarding the certification approval process or the Small Business program should be directed to the Department of General Services, Procurement Division at

(800) 559-5529 or (916) 375-4940. For the 24-Hour Recording & Mail Request call (916) 322-5060.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/PD/

SB or MB Bidders or Bidders using the non-SB preference shall be granted a preference consisting of 5% of the bid price of the lowest responsive Bidder that is not a SB.

N. Target Area Contract Preference Act (TACPA) - Optional

a. Government Code (GC) Section 4530 (TACPA) provides that California based companies shall be granted a 5% preference whenever a state agency prepares a solicitation for services in excess of $100,000. The preference(s) shall apply if the worksite is not fixed by the government agency and the proposer can demonstrate and certify, under the penalty of perjury, that at least 90% of the total labor hours required to perform the services shall be performed at an identified worksite located in a distressed area (TACPA). TACPA preferences will only be applied if this procurement results in more than one responsive proposal receiving a passing narrative proposal score.

b. Additional work force preferences ranging from 1% to 4% can be earned by eligible proposers that agree to hire 5% to 20% of persons with a high risk of unemployment or those living in a targeted employment area or that are enterprise zone eligible to perform a specified percentage of the contract work.

c. The granting of TACPA preference cannot displace an award to a certified small business.

d. Proposers seeking TACPA preference must submit a completed STD 830 - Target Area Contract Preference Act Request https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf. Preference Request https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf with their proposal. The applicable preference request form must include the following:

i. All appropriate certifications. (TACPA). The proposing firm’s name and the name of all suppliers and subcontractors that will work with the proposer to fulfill the terms of the contract along with the addresses of each of the worksite(s) and estimated labor hours;

ii. County census tract number and block group number;

iii. Proposer’s original signature; and

iv. A checkbox marked to identify the additional 1% to 4% preference sought for hiring persons with a high risk of unemployment.

e. TACPA preference cannot be granted if:

i. The lowest proposed cost does not equal or exceed $100,000 for the entire term;

ii. The work site or any part thereof is fixed or preset by the State;

iii. The services involve construction or a public works project; or

iv. A proposer who has claimed a TACPA preference and is awarded the contract will be obligated to perform in accordance with the preference(s) requested, provided the preference was granted in obtaining the contract.

f. Firms receiving preference must:

i. Report their labor hours to the State and reference the state contract on which the award is based for the specific reporting requirements.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

g. Proposers wishing to learn more about TACPA requirements, designated work site(s) or enterprise zones in California should contact the appropriate office of the Department of General Services at

(916) 375-4940. DGS will attempt to determine TACPA eligibility within two working days.

O. Darfur Contracting Act Certification (Mandatory Submittal)

Public Contract Code Sections 10475-10481 applies to any company that currently or within the previous three years has conducted business activities or other operations outside of the United States. For any contractor that submits a bid or proposal, the contractor must certify that it is either 1) not a scrutinized company; or 2) a scrutinized company that has been granted permission by the Department of General Services. This form must be completed and submitted with your bid. See Darfur Contracting Act Certification, Attachment 11.

DRAFT STANDARD AGREEMENT

EXHIBIT A

SCOPE OF WORK

A. PURPOSE

The purpose of this Agreement is to enable the California Air Resources Board (CARB) to utilize off-road equipment procurement services, to transport privately owned off-road equipment to test sites, and to provide related parts and consumables for testing support. The equipment procured by the Contractor will be used for test programs conducted by CARB. The procured off-road vehicles (ORV) will be sourced from private citizens, businesses, and vehicle/equipment fleets preferably within California, but from any location within the United States if necessary.

B. BACKGROUND

CARB is charged with protecting air quality in California, conducting research regarding the causes and solutions to air pollution, and enforcing California laws for the control of air pollution emissions from motor vehicles. One of CARB’s primary duties is the adoption of standards, rules and regulations applicable to various sources of air pollution, including on-road and off-road motor vehicles, vehicular fuels, greenhouse gas emissions and other carcinogenic; teratogenic; mutagenic or otherwise toxic air contaminants. CARB is further charged with developing and adopting chemical, engineering, and other scientific test procedures in support of its regulations. Pursuant to and in accordance with these directives, CARB has promulgated a significant number of regulations and test procedures applicable to on-road and off-road mobile sources.

CARB’s ability to promulgate regulations and test procedures is directly dependent upon defensible data generated from testing light-duty; medium-duty; and heavy-duty vehicles, and off-road mobile and non-mobile sources at laboratories located in Riverside, Sacramento, and other emissions testing laboratories in California. In order to obtain test ORVs, CARB manages a procurement process which involves the renting of vehicles from private citizens, local governments, or businesses for limited periods of time.

For the purpose of this Agreement, ORV is a vehicle or equipment that is used on and off-road. This may include a trailer/equipment that is designed to carry a specific load on its own structure, drawn by an ORV.

Since ORVs are used to generate income, their owners are generally less interested in loaning their vehicles for testing. As a result, the vehicle must be rented from commercial ORV rental companies, businesses, government/public fleet, or ORV dealers, in addition to private owners.

The Contractor will procure ORV vehicles and perform all the functions described in the Scope of Work, to meet CARB’s procurement needs so that CARB could generate the needed emissions data.

C. DETAILED SCOPE OF WORK

1. PROCUREMENT

1.1 VEHICLE SELECTION AND PROCURMENT

CARB shall provide the Contractor a set of specifications such as engine family and horsepower rating, for procurement purposes. These specifications can vary based on CARB’s program needs and can include any ORV that is certified in California. The ORVs shall be procured from government or public fleet, commercial rental companies, businesses, ORV dealers or private owners. The Contractor shall commence ORV procurement services and notify the CARB Contract Manager of the procurement status of the requested ORVs on a weekly basis. Once an ORV matching the specifications is identified, CARB’s Contract Manager or designee, shall verify the ORV meets the criteria required prior to the ORV being rented. When the requested ORV is located and verified, the Contractor shall seek approval from CARB’s Contract Manager or designee to proceed with the rental of the ORV. No ORV shall be rented without the CARB Contract Manager’s written approval. CARB shall request that the Contractor provide three (3) quotations for CARB’s review and approval prior to securing of the requested ORV via rental. CARB’s Contract Manager may choose to solicit additional quotations when needed. CARB may choose to solicit quotations directly from any Participants or commercial ORV rental companies, government/public fleet (other than the State of California), and/or ORV dealers authorized in California to rent such vehicles and equipment from private citizens, businesses, and vehicle fleets within California.

Prior to execution of any rental agreement, the CARB Contract Manager must review and approve the agreement between the Contractor and the Participant. The Contractor must have the CARB Contract Manager’s approval, in writing, for any proposed agreement. When the Contractor confirms the rental agreement of an ORV, CARB staff may opt to pick up the ORV at the Participant’s location and deliver to the CARB test facility or another facility, as needed. The rental agreement shall explicitly list CARB staff as one of the authorized drivers, as long as the CARB staff is in position of a needed driver license. The Contractor shall transport the commercial rented ORVs from the Participant’s rental or other ORV location to the CARB-designated test facility or another facility, as instructed by CARB. The Contractor must ensure all rental related documents are in order and available for CARB inspection prior to the transportation process.

If the Contractor, or any other person or entity acting on its behalf by contract or otherwise, is transporting the ORV to or from any location, then such transporting entity or person must be legally authorized to engage in such transportation, including having a current Class A or federally required legal license to operate and transport the ORV within the State of California. In cases where a commercial ORV rental company, business, government/public fleet, ORV dealer, private owner or transportation company delivers the ORV, the Contractor shall verify that the driver is properly licensed, lawfully authorized to engage in such transportation, is insured for this purpose, and has no negative driving history for the past three (3) years. In addition, the Contractor shall submit the official California Department of Motor Vehicles (DMV) printout, detailing each driver’s driving history for the past three

(3) years, to CARB prior to delivery of the ORV.

1.2 VEHICLE USAGE PROCUREMENT

The ORV pre-selected by CARB may need to be procured by the Contractor for use on CARB test facility or another facility designated by CARB as needed. The Contractor may need to transport the ORV between the facilities, as designated by the CARB Contract Manager or designee.

The Contractor shall transport the ORV from the commercial ORV rental company, business, government/public fleet, ORV dealer, private owner or transportation company to the designated test facility, as needed and directed by CARB’s Contract Manager or designee. The Contractor must ensure all legal documents are in-line prior to and for the duration of the transportation process. For additional transportation details, please see Section 1.1

1.3 RENTAL, LEASE, or USAGE

The Contractor shall be responsible for verifying that the ORVs meet CARB’s requirements, completing and signing the rental agreements and other documentation (see Section 3, VEHICLE DOCUMENTATION) with the Participant, and delivering and transporting the ORV to a CARB-designated test facility promptly, as requested by the CARB Contract Manger or designee. Upon CARB’s completion of work on the ORV, the Contractor shall return the ORV to the Participant if requested by CARB’ Contract Manager or designee. The Contractor shall invoice CARB for transportation services using the applicable Per-Mile Flat Rate Fee (Attachment 4, Contractor Cost Sheet). Upon receipt of an invoice submitted by the Contractor, CARB will reimburse the cost of the recurring rental charge on a daily basis, the handling fee, and the cost for an operator (Attachment 3, Contractor Cost Sheet). All supporting documentation shall be included with the invoice package for the CARB Contract Manager’s review and approval. For usage procurement, the Contractor shall pay the usage fee to the Participant in accordance with the rates listed in Attachment 4, Contractor Cost Sheet. When submitted by the Contractor, CARB will reimburse the recurring usage fee on a monthly basis plus the appropriate handling fee (Attachment 4, Contractor Cost Sheet). When the ORV under the usage procurement needs transportation, then the Contractor shall invoice CARB using the transportation base fee and appropriate rental fee (Attachment 4, Contractor Cost Sheet).

2. ACCEPTANCE

The Contractor shall inspect the ORV in the field to ensure it meets CARB’s ORV requirements and it does not have any of the ORV disqualification criteria (see Section 2.1, DISQUALIFICATION). An ORV may be disqualified or rejected based on the information obtained during the initial and subsequent inspections, by the Contractor and/or CARB.