23ED013_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. 23ED013

March 5, 2024

You are invited to review and respond to this Invitation for Bid (IFB) No. 23ED013, entitled, “Personal Protection Equipment/Fire Retardant Clothing Rental.” 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 March 26, 2024, no later than 11:00 am (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 23ED013 [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 the opinion of the CARB, 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. Darfur Contracting Act Certification

DRAFT STANDARD AGREEMENT

Draft Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit A, Attachment 1 – Quantity Listing Exhibit A, Attachment 2 – Emblem Illustration 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

I. SCOPE OF WORK

The California Air Resources Board (CARB) is seeking a Contractor to provide a one-time orientation and perform weekly rental, laundering, maintenance, and delivery services for Personal Protection Equipment/Fire Retardant Clothing Rental (PPE/FRC) as described herein. Contractor shall provide and be responsible for all personnel, labor, subcontractors, materials/equipment, travel, tax, and any other items necessary to perform and complete all services. The Contractor must be available to begin work immediately upon Agreement execution to start the process of fitting and sizing CARB employees with the applicable PPE/FRC. It is mandatory that the weekly rental, laundering, maintenance, and delivery services for PPE/FRC commence on May 1, 2024.

Contract term shall be from May 1, 2024, through April 30, 2026.

The Standard Agreement will contain a twelve (12) month option to renew. If the Standard Agreement is renewed, it will be at the same rates provided in the CARB-approved Attachment 4 – Contractor Cost Sheet, Part B. It is at the discretion of CARB to exercise this option.

More detailed information can be found in the Draft Standard Agreement.

CARB’s budget for this project is $30,000.00. Bids exceeding this amount may be deemed non- responsive and ineligible for award.

II. BID INSTRUCTIONS AND INFORMATION

This section contains instructions for the organization 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 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. The 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 part of its solicitation.

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

Time Schedule Date Time

IFB Posted on Cal eProcure March 5, 2024 N/A Deadline for Submission of Written Questions March 14, 2024 3:00 p.m. (PST)

Responses to Questions Posted March 19, 2024 3:00 p.m. (PST)

Bid Submission Due / Opening of Bids Teams Meeting: Teams Meeting Link

March 26, 2024 11:00 a.m. (PST)

Notice of Intent to Award (posted for 5 days) April 8, 2024 N/A

Estimated Contract Start Date May 1, 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

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 23ED013 [insert vendor name] Bid.”

5. Bids must be submitted to the following addresses:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmJmMjIzNmMtYTZhMS00YzRiLTgxYTktNzEyZjdhYjNjYTZi%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%2277b6285a-8b71-43f1-a688-553660ee1de7%22%7d https://caleprocure.ca.gov/

Purchasing@arb.ca.gov CC: Anthony.Picciano@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.

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 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 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.

mailto:Purchasing@arb.ca.gov

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.

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. The Bidder must have at leave five (5) years of experience in laundering, maintenance, and repair of personal protective equipment, including fire retardant clothing.

2. The Bidder must demonstrate that their laundering service meets industry standards (proper water temperature, chemical formulas, etc.).

3. The Bidder must have prior service experience with a government agency.

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

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.

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 to 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 when 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 vendor’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 Cal eProcure 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 agreement.

4. Bidders may protest the proposed award(s) by filing a notice of protest with CARB, the

Department of General Services (DGS), and Office of Legal Services (OLS).

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

Contract Services Section Attention: Alice Kindarara IFB

23ED013

1001 I Street Sacramento, CA 95814

Email Address:

purchashing@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(s) 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 the 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 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 mailto:purchashing@arb.ca.gov mailto:OLSProtests@dgs.ca.gov

Contractor. A bid with such language may be considered a counter proposal and will 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.

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.

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.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

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.

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. 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.

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

DRAFT STANDARD AGREEMENT

EXHIBIT A

SCOPE OF WORK

A. Purpose

The Occupational Safety and Health Administration (OSHA) requires employers to provide Personal Protective Equipment (PPE) and Fire Retardant Clothing (FRC) for employees working in hazardous environments. That may involve the following hazards: Electric Arc (electricians, electric utility lineman, etc.), Combustible Dust Explosion (workers in the paper and pulp industry, food processing, paint, and many more industries) and any workers who encounter energized electrical equipment. The California Air Resources Board (CARB) Enforcement Division (ED) staff routinely conducts inspections in these and other environments that require

PPE/FRC.

B. Scope of Work

The Contractor shall provide a one-time orientation for CARB and perform weekly rental, laundering, maintenance, and delivery services for PPE/FRC as described herein. Contractor shall provide and be responsible for all personnel, labor, subcontractors, materials/equipment, travel, tax, and any other items necessary to perform and complete all services.

The Contractor must be available to begin work immediately upon Agreement execution to start the process of fitting and sizing CARB employees with the applicable PPE/FRC. It is mandatory that the weekly rental, laundering, maintenance, and delivery services for PPE/FRC start on May 1, 2024.

C. Location

The Contractor shall perform weekly rental, laundering, maintenance, and delivery services for CARB's ED staff in Southern California and Northern California for the duration of this agreement. The Contractor shall pick up and deliver PPE/FRC to CARB at:

• 4001 Iowa Avenue; Riverside, California 92507

• 8340 Ferguson Avenue; Sacramento, California 95828

D. Orientation

Within three weeks of execution of the Agreement, the Contractor and the CARB Contract Manager or designee shall meet at each location to discuss the arrangements in sizing CARB employees who will utilize the clothing and pick-up and delivery schedules. The date and location of the orientation shall be mutually agreed upon by both parties. The orientation will include the following:

1. The Contractor determining the appropriate sizes for ED staff for the PPE/FRC.

2. The Contractor and the CARB Contract Manager or designee discussing and developing pick-up and delivery schedules and access to CARB facilities.

3. The Contractor providing literature/requirements regarding the appropriate use of the

PPE/FRC.

E. Clothing Specifications

Contractor shall provide PPE/FRC in the quantities listed in Exhibit A, Attachment 1, to this Scope of Work. Quantities are estimates and may change based on usage of clothing and a reduction/increase in staff or size changes. If changes to the quantities are needed, the CARB Contract Manager or designee shall provide the Contractor with a written request detailing the changes. Contractor shall make the requested changes within ten (10) business days unless another timeframe is mutually agreed upon by both parties.

Clothing shall meet the following specifications:

1. Each shirt, pants, and coverall shall be navy blue in color.

2. Each shirt, pants, and coverall shall be labeled inside with the applicable CARB employee name to identify which CARB employee is using it.

3. Each PPE shirt and coverall shall include a 2.5-inch tall and 4.5-inch-wide emblem patch on the left chest side, above any pockets, in white stitching directly on the Navy PPE/FRC, similar to the emblem illustration in Exhibit A, Attachment 2.

4. All materials used in the creation of the PPE/FRC shall be fire retardant meeting current regulatory and/or industry standards.

5. If indicated yes in Exhibit A, Attachment 1, Contractor shall provide PPE/FRC with a minimum Arc Thermal Performance Value of eight (8).

6. If indicated yes in Exhibit A, Attachment 1, Contractor shall provide PPE/FRC with Nomex IIIA 6-ounce material in the quantity noted in parenthesis. (i.e., YES (1))

7. All shirts shall be button down and have long sleeves.

8. All pants shall have zippers in the front to fasten.

9. Coveralls shall have either zippers or buttons to fasten.

F. Delivery Schedule and Access to Facility

1. Upon Agreement execution, the Contractor and CARB Contract Manager shall mutually agree upon a pick-up and delivery schedule. This mutual agreement shall take place at the Orientation described herein.

2. If the Contractor cannot meet the delivery window for any reason, they shall contact the CARB Contract Manager or designee to arrange a time to have access to the facility. In such an event, the Contractor shall contact:

Riverside

Gabriel Ayon (951) 542-3074

Sacramento

Tony Doan (916) 229-0401

3. Scheduled Pick-Up and Delivery: Scheduled Pick-Up and Delivery is defined as the weekly pick-up and delivery schedule mutually agreed upon by CARB and the Contractor. The rate for Scheduled Pick-Up and Delivery for PPE/FRC is shown in Exhibit B, Attachment 1

Contractor Cost Sheet (Table 1).

4. Unscheduled Pick-Up and Delivery: Unscheduled Pick-Up and Delivery is defined as an additional delivery/pick-up outside of the agreed upon Scheduled Pick-Up and Delivery if CARB requests an additional pick-up or delivery within the week, the rate for Unscheduled Pick-Up and Delivery for PPE/FRC is shown in Exhibit B, Attachment 1 - Contractor Cost Sheet (Table 3).

G. Normal Business Hours

All weekly pick-up and delivery services shall be performed during normal business hours of 8:00 a.m. to 5:00 p.m. (PST), Monday through Friday, unless otherwise specified. Excluded are State of California holidays, as per the California Department of Human Resources.

H. Laundering

Contractor shall provide weekly laundering that meets industry standards. Appropriate water temperatures, water softness, and chemical formulas shall be obtained to best suit PPE/FRC.

I. Maintenance and Repair

Contractor shall provide maintenance and repair services as needed and at no additional cost to

CARB.

1. Maintenance shall include size changes when needed.

2. Contractor is responsible for inspecting all PPE/FRC once picked up for laundering and repairing if needed.

3. Repairs shall include but are not limited to repairing holes, replacing missing buttons, and broken zippers.

4. FRC materials must be used in all repairs to FRC.

J. Replacement

1. If the PPE/FRC items are old and beyond repair, the Contractor shall replace these items with new ones at no additional charge.

2. If the PPE/FRC items are lost, the Contractor shall replace these items with new ones at CARB’s expense. The PPE/FRC replacement rates are shown in Exhibit B, Attachment 1 - Contractor Cost Sheet (Table 2).

K. Program Management

Contractor shall manage the PPE/FRC program with CARB's Contract Manager. Contractor shall ensure compliance with industry standards to protect CARB employees. Contractor shall ensure all CARB employees needing PPE/FRC equipment have a sufficient number of uniforms and that used uniforms are returned by the following week's pick-up and delivery date. The CARB Contract Manager or designee shall coordinate with the Contractor in order to determine the equipment needs and compliance to OSHA laws.

L. Contract Representatives

The Contract Managers during the term of this Agreement shall be:

Sacramento

Agency: California Air Resources Board Contractor: To Be Inserted Upon Award Division: Enforcement Division Section:

Attention: Tony Doan Attention:

Address: 8340 Ferguson Avenue Sacramento, CA 95828

Address:

Phone: (279) 208-7164 Phone:

Email: tony.doan@arb.ca.gov Email:

Riverside

Agency: California Air Resources Board Contractor: To Be Inserted Upon Award Division: Enforcement Division Section:

Attention: Gabriel Ayon Attention:

Address: 4001 Iowa Avenue Riverside, CA 92507

Address:

Phone: (951) 542-3074 Phone:

Email: gabriel.ayon@arb.ca.gov Email:

Direct all inquiries to the Contract Managers.

The parties may change their Contract Representative(s) upon providing ten (10) days written notice to the other party’s Contract Representative(s). The notifying party shall provide complete contact information for the replacement Contract Representative(s) to include the information provided above.

mailto:tony.doan@arb.ca.gov mailto:gabriel.ayon@arb.ca.gov

EXHIBIT A, ATTACHMENT 1

QUANTITY LISTING (USERS ARE SUBJECT TO CHANGE)

Northern California

User (FRC/PPE) Coverall

QTY

Shirt

QTY

Pant

QTY

Arc Flash Rated

NOMEX

TD 6 0 0 NO YES (2 coveralls) AM 2 6 6 NO YES (2 coveralls) HA 3 3 3 NO YES (2 coveralls)

BL 2 2 2 NO NO

NT 3 4 4 NO NO

ML 4 4 4 NO NO

VC 4 0 0 NO NO

SO 0 5 5 Yes NO LM 0 6 6 Yes NO JA 1 1 1 Yes NO BS 3 0 0 Yes NO

SVD 3 2 2 Yes NO ZV 1 0 0 Yes NO NH 0 1 1 Yes NO IM 2 0 0 Yes NO SA 1 0 0 Yes NO SM 2 1 1 Yes NO KN 0 2 2 Yes NO RO 3 0 0 Yes NO TG 1 0 0 Yes NO

User (Non FRC/PPE) Coverall

Shirt QTY Pant QTY Arc Flash Rated

NOMEX

BP 2 0 0 NO NO

XL 2 2 2 NO NO

L 2 2 2 NO NO

M 2 2 2 NO NO

Southern California

User (FRC/PPE) Coverall

Shirt QTY Pant QTY Arc Flash Rated

NOMEX

GA 4 7 7 NO YES (2 coveralls) AF 3 3 3 NO YES (2 coveralls) MG 3 3 3 NO YES (2 coveralls)

JO 2 7 7 NO NO

TL 4 7 7 NO NO

EXHIBIT A, ATTACHMENT 2

EMBLEM ILLUSTRATION

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment

1. For services satisfactorily rendered and upon receipt and approval of the invoice, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B, Attachment 1 – Contractor Cost Sheet, which is attached hereto and made a part of this Agreement. Total contract amount shall not exceed $30,000.00.

2. Contractor shall submit one (1) original and one (1) copy of each invoice. Invoices must include the Agreement Number, Table Number, Item Description, Employee Name, Quantity, Price, Invoice Amount, Invoice Total, and must be submitted not more frequently than monthly in arrears to:

Accounting Section accountspayable@arb.ca.gov

B. Budget Contingency Clause

1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.

C. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

D. Cost Limitation

1. Total amount of this Agreement shall not exceed $30,000.00.

2. It is understood and agreed that this total is an estimate and that CARB will pay only for those services actually rendered as authorized by CARB up to the total amount set forth in Section D.1, above.

E. Travel and Per Diem

There shall be no reimbursement for travel or per diem.

mailto:accountspayable@arb.ca.gov

F. State Prevailing Wage Rate Determination

1. The General Prevailing Wage Rate Determinations applicable to the project are available and on file with CARB. These wage rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2.

General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at:

http://www.dir.ca.gov/OPRL/PWD/Index.htm

2. After award of the Agreement, and prior to commencing work, all applicable General Prevailing

Wage Rate Determinations are to be obtained by the Contractor. These wage rate determinations are to be posted by the Contractor at the job site in accordance with Section

1773.2 of the California Labor Code.

http://www.dir.ca.gov/OPRL/PWD/Index.htm

EXHIBIT B, ATTACHMENT 1

CONTRACTOR COST SHEET

(Contractor Cost Sheet submitted with bid will be included in the final contract)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

A. Excise Tax

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees’ wages. The State will pay for any applicable State of California, local sales, or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

B. Settlement of Disputes

1. In the event of a dispute, Contractor shall file a “Notice of Dispute” with CARB within ten (10) days of discovery of the problem. Within ten (10) days, the CARB shall meet with the Contractor and Contract Manager for purposes of resolving the dispute.

2. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by Contractor and State employees normally responsible for the administration of this Agreement shall be brought to the attention of the Executive Officer or designated representative of each organization for resolution. The decision of the State Executive Officer or designated representative shall be final.

3. In the event of a dispute, the language contained within this Agreement shall prevail over any other language.

4. The existence of a dispute not fully resolved shall not delay Contractor to continue with the responsibilities under this Agreement which is not affected by the dispute.

C. Potential Subcontractors

Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

D. Stop Work Order

State reserves the right to issue an order to stop work in the event that a dispute should arise, or in the event that State gives Contractor a notice that the Agreement will be terminated. The stop work order will be in effect until the dispute has been resolved or the Agreement has been terminated.

E. Termination

1. In addition to the rights under Exhibit C of the Standard Agreement, State reserves the right to terminate this Agreement in whole or in part at its sole discretion at any time upon thirty

(30) days prior written notice to Contractor.

2. After receipt of a Notice of Termination, and except as directed by the State, the Contractor shall immediately stop work, regardless of any delay in determining or adjusting any amounts due under this clause.

3. In the case of early termination, Contractor must submit one (1) original and one (1) copy of a final invoice within 30 calendar days upon date of written notice. The final invoice shall cover all unpaid services to termination date, following the invoice requirements of this Agreement. Final invoice shall be submitted to the address listed on Exhibit B, Budget Detail and Payment Provisions.

4. Upon receipt of the final invoice, a final payment will be made to Contractor. This payment shall be for all State-approved costs that in the opinion of State are justified, and shall include labor, and materials purchased or utilized (including all non-cancellable commitments) to termination date at the rates set forth in the contract.

F. Amendments

1. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.

2. CARB reserves the right to amend this Agreement through a formal written amendment, signed by the parties, for additional time and/or funding.

3. The Standard Agreement will contain a twelve (12) month option to renew. If the Standard Agreement is renewed, it will be at the same rates provided in the CARB-approved Exhibit B, Attachment 1 – Contractor Cost Sheet, Part B. The one (1) year option to renew has a budget amount of up to $15,000. It is at the discretion of CARB to exercise this option.

G. Insurance Requirements

1. Commercial General Liability

Contractor must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Agreement. Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy must include coverage for liabilities arising out of premises operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must include:

California Environmental Protection Agency/Air Resources Board, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

This endorsement must be supplied under a form acceptable to the Office of Risk and Insurance Management.

In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, Contractors shall include all subcontractors as insured under Contractor’s insurance or supply evidence of insurance to the State equal to policies, coverage and limits required of Contractor.

2. Automobile Liability times during the term of this Agreement. Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. The policy must include:

California Environmental Protection Agency/Air Resources Board, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

3. Workers’ Compensation and Employers’ Liability times during the term of this Agreement. Contractor shall maintain statutory workers’ compensation and employers’ liability for all its employees who will be engaged in the performance of the Agreement. Employers’ liability limits of $1,000,000 are required.

The policy must include:

When work is performed on State owned or controlled property the Workers’ Compensation policy shall contain a waiver of subrogation in favor of the State.

The waiver of subrogation endorsement shall be provided.

4. Environmental/Pollution Liability

Contractor shall maintain pollution liability for limits not less than $1,000,000 covering the Contractor’s liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on the site as well as proper disposal of hazardous materials. The policy must include:

California Environmental Protection Agency/California Air Resources Board, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

5. Professional Liability

Contractor shall maintain Professional Liability covering any damages caused by an error, omission or any negligent acts. Limits of not less than $1,000,000 shall be provided. The policy’s retroactive date must be displayed on the certificate of insurance and must be before the date this Agreement was executed or before the beginning of this Agreement work.

California Environmental Protection Agency/California Air Resources Board, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

6. Motor Truck Cargo Legal Liability

Contractor shall maintain motor truck cargo legal liability insurance with a limit no less than the replacement value of State-owned property being transported.

7. General Provisions Applying to all Policies

a. Coverage Term: Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the Agreement. The Contractor agrees to provide a new certificate of insurance to:

California Air Resource Board purchasing@arb.ca.gov

Subject Line: 23ED013 – Insurance Certificate

b. Policy Cancellation or Termination and Notice of Non-Renewal: Contractor shall provide to the State within five (5) business days following receipt by Contractor a copy of any cancellation or non-renewal of insurance required by this Agreement.

In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event,…