23ISD017_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. 23ISD017

March 01, 2024

You are invited to review and respond to this Invitation for Bid (IFB) No. 23ISD017, entitled, “Greenhouse Gas Emissions Comparison”. 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 22, 2024” no later than 3:00 pm. 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 23ISD017 [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: sakinah.carter@arb.ca.gov Cc: wayne.roberson@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: Sakinah Carter Email: sakinah.carter@arb.ca.gov

Cc: wayne.roberson@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.

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…………………………………………………11

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. Contractor Cost Sheet 4 Bidder References 5 Payee Data Record (STD 204) 6 Payee Data Record (STD 205) 7 Contractor Certification Clauses (CCC 04/2017) 8 Bidder Declaration (GSPD-05-105) 9 DVBE Bid Incentive Instructions 10 Darfur Contracting Act Certification 11 California Civil Rights Law Certification (if applicable) 12 Detailed Response for Minimum Qualifications

13. COVID-19 Prevention Contractor Self Certification……………………………………..48

I. SCOPE OF WORK OF SOW

The Contractor will evaluate and summarize the quantification methods used to report greenhouse gas (GHG) emissions used by the California Air Resources Board, U.S.

EPA, and voluntary programs. Up to two (2) voluntary reporting programs may be identified for inclusion in this evaluation. The evaluation will cover scope 1, 2, and 3 emissions quantification methods, as available. The purpose of this contract is to prepare a comprehensive and reader friendly summary of how greenhouse gas (GHG) reporting under various regulatory and voluntary programs differs or is aligned, including stringency.

Contract term shall be from May 31, 2024 – June 31, 2025.

This contract will contain a twelve (12) month option to renew for time only. 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 $200,000. 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, this solicitation.

ii. Clarifications to solicitation will be given only in the form of addenda to all bidders.

Time Schedule Date PST

IFB Posted on Cal eProcure 3/1/2024 N/A

Deadline for Submission of Written Questions

3/8/2024 3:00 PM

Responses to Questions Posted 3/15/2024 5:00 PM

Bid Submission Due 3/22/2024 3:00 PM

Opening of Bids (Virtual) 3/26/2024 12:00 PM

Notice of Intent to Award Posted 4/8/2024 N/A

Estimated Contract Start Date 5/31/2024 N/A

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: Sakinah Carter Email: sakinah.carter@arb.ca.gov CC: wayne.roberson@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 23ISD017 [insert vendor name] Bid.”

5. Bids must be submitted to the following addresses:

Purchasing@arb.ca.gov CC: sakinah.carter@arb.ca.gov CC: wayne.roberson@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. Bidder must complete and submit Contractor Cost Sheet, 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.

6. References must be provided using Bidder References Form, Attachment 4.

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.

7. Bidder must complete and submit to CARB, the Payee Data Record (STD 204), Attachment 5, to determine if the selected bidder is subject to State income tax withholding, pursuant to California Revenue and Taxation Code, Section 18662.

Contract payment cannot be made unless a completed STD 204 has been returned to CARB.

8. 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 6.

9. Bidder must sign and submit to CARB, the California Civil Rights Laws Certification, Attachment 10.

10. 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.

11. 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.

12. 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 11, Detailed Response for Minimum Qualifications. Bids that do not meet the minimum qualifications may be determined non-responsive and ineligible for award.

The Bidder must provide a detailed summary for all items below to show how these minimum qualifications have been met. Experience that is used to fulfill one requirement may be used to also fulfill other requirements, as applicable. Bids that do not meet the minimum qualifications will be determined non-responsive and ineligible for award.

The Bidder must have four (4) years of work experience that includes:

1. preparing technical air emissions reports and/or

2. preparing guidance for GHG reporting compliance and/or

3. preparing regulatory environmental, greenhouse gas or co-pollutant emissions estimations and analyses

The Bidder must have work experience occurring in at least two (2) consecutive years within the past five (5) years in estimation, calculation or evaluation of GHG emissions within major economic sectors including any of the following:

Power generation (stationary fuel combustion), transportation, industrial or manufacturing, electricity.

Direct and In-direct emissions data gathering, life cycle assessment tools, models and analysis.

The Bidder must have additional work experience that includes the following:

At least two (2) consecutive years within the past five (5) years in emissions inventory, reporting or analysis.

At least (2) years in reviewing emissions data as part of the U.S. EPA mandatory GHG emissions reporting program or the California Air Resources Board GHG Mandatory Reporting Regulation.

At least two (2) years reviewing or calculating emissions data prepared for a corporate emissions disclosure program or protocol.

At least one (1) year reviewing or preparing emissions data for scope 2 and 3 emissions categories, including product supply chains.

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 7, Bidder Declaration. Subcontractors, if any must be identified and their qualifications.

3. Mandatory Attachment

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 12.

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.

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.”

The bids will be virtually publicly opened and read on Microsoft Teams:

Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 298 232 816 849 Passcode: tgQMRz

The Agreement will be awarded to the lowest responsive, responsible Proposer meeting the requirements outlined in this IFB

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 https://caleprocure.ca.gov/pages/index.aspx and online at https://www.arb.ca.gov/personnel/contracts/contractsoutside.htm

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 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 Branch Attention: Alice Kindarara 1001 I Street, 20th Floor 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 Email: 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 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.

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 7, and confirmed by the State.

The incentive amount varies in conjunction with the percentage of DVBE participation in accordance with the “California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions,” Attachment 8.

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 7, 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.

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.

3. Target Area Contract Preference Act (TACPA) (Include if solicitation is over $100,000)

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 $100,000.00. 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 with their proposal.

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

e. 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.

f. 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.

g. 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.

h. 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.

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 9.

DRAFT STANDARD AGREEMENT

EXHIBIT A

SCOPE OF WORK

A. PURPOSE

The purpose of this contract is to prepare a comprehensive and reader friendly summary of how greenhouse gas (GHG) accounting and reporting under various regulatory and voluntary programs differs or is aligned, including stringency. An example of how reporting is addressed under each methodology must be included for illustrative purposes.

B. BACKGROUND

With the proliferation of state, federal, and voluntary programs establishing methods to accurately quantify GHGs from emitters across the economy, CARB would like to understand how and why reported emissions from a reporting entity may differ across these programs. Both California and the U.S. EPA, relying on similar quantification methodologies, publicly post data for large GHG emitters. The California regulation also includes a third-party audit of data reported annually to the California Air Resources Board (CARB) and U.S. EPA uses extensive internal quality assurance checks. With public visibility of reporting programs and annually reported data making it easier for interested parties to understand the emissions from entities, it is important for CARB to understand the difference between data reported by the same entity to various regulatory and voluntary programs and be able to evaluate which methods promote the most accurate, transparent, and consistent data.

C. DETAILED SCOPE OF WORK

TASK 1: The contractor will identify the regulatory and voluntary programs to be the subject of evaluation in coordination with CARB. This evaluation must include the CARB and the U.S. EPA regulatory GHG reporting programs and at least three (3) additional GHG reporting programs. A GHG reporting methodology may be substituted for one of the additional GHG reporting programs. The contractor will also identify the scopes and specific sectors covered by each GHG reporting program. The evaluation should show all the programs considered by the contractor with an explanation of why the programs were chosen or not chosen for final evaluation.

Task 1 Deliverables Completion Date Deliverable 1.1. Draft of proposed programs subject to evaluation, including proposed scopes and sectors, for CARB’s input

1 month after execution date

Deliverable 1.2. Final list of programs, scopes and sectors to be evaluated in Task 2 reflecting CARB’s input

2 months after execution date

TASK 2: The contractor will conduct an evaluation that compares and contrasts the GHG reporting programs/methods identified in Task 1. The evaluation will clearly specify any difference in sectors and scope boundaries and describe the stringency, reliability, accuracy, and availability of data to accurately quantify scope 1, 2, and 3 emissions under each program/method. The contractor will compare the quantification methods for specific sectors where quantification methods are available (e.g., cement, nitric acid, pulp and paper, etc.).

For evaluating quantification methods the contractor will compare, at a minimum, emissions factors, calculation methodologies (e.g., based on heating values, carbon content, continuous monitoring, etc.), how each method defines or measures accuracy and uncertainty, standardization or prescriptiveness of units of measurement, how activity data is obtained (e.g., direct metering, utility bills, etc.), and the flexibility to substitute reporter specific information (e.g., facility specific emissions factors or quantification methodologies).

For emissions factors the contractor must identify and review the regional applicability of the quantification methods, including availability of regional emissions factors. The contractor will provide examples to further illustrate key differences in programs (i.e., quantitatively comparing how emissions from the same entity may differ based on the program). The evaluation work in Task 2 will feed into the comprehensive report provided to CARB in Task 3.

Task 2 Deliverables Completion Date

Deliverable 2.1. Scoping document that identifies key comparison factors that will be used to contrast reporting methods, emission factors and equations for CARB’s feedback

1 month after execution date

Deliverable 2.2. Draft evaluation document comparing methods, emission factors and equations for CARB’s input, including examples

4 months after execution date

Deliverable 2.3. Document identifying emission factor regions and/or energy intensities for relevant programs and methods

8 months after execution date

TASK 3: The contractor will deliver a comprehensive report to CARB detailing the evaluations in Task 2. The contractor will also work collaboratively with CARB to develop a publicly accessible and non-technical comparison document of how the regulatory and voluntary programs included in Task 2 compare with each other.

Task 3 Deliverables Completion Date

Deliverable 3.1. Draft comprehensive report for CARB’s review

6 months after execution date

Deliverable 3.2. Draft publicly accessible comparison document for CARB’s review

8 months after execution date

Deliverable 3.3. Final comprehensive report based on CARB’s input

9 months after execution date

Deliverable 3.4. Final publicly accessible comparison documents based on CARB’s input

9 months after execution date

D. PROGRESS REPORTS AND MEETINGS

1. Project Kickoff Meeting

Before work on the contract begins, the Contractor will meet with the CARB Contract Project Manager and other staff to discuss the work plan, details of performing the tasks, the project schedule, items related to personnel or changes in personnel, and any issues that may need to be resolved before work can begin.

This meeting can occur virtually.

2. The Progress Reports

The Contractor shall provide quarterly progress reports throughout the agreement term, to coincide with work completed in quarterly invoices. Quarterly progress reports shall include a recap of completed tasks and deliverables for the quarter, the status of deliverables that the Contractor is currently working on with estimated completion dates, any outstanding questions for CARB or resources needed to complete tasks and deliverables, any adjustments to the schedule or tasks and deliverables agreed upon by CARB and the Contractor.

3. Progress Meetings

The Contractor will meet with CARB's Contract Project Manager at bi-weekly intervals to discuss the progress of the project. This meeting may be conducted virtually. Progress meetings shall occur bi-weekly, but frequency may be altered, as needed.

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.

2. Contractor shall submit one (1) copy of each invoice. Invoices must include the Agreement Number and must be submitted and no more frequently than monthly in arrears to:

California Air Resources

Board 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. TRAVEL AND PER DIEM

There shall be no reimbursement for travel or per diem.

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. This contract contains a twelve (12) month option to renew. If this contract is renewed, it will be for time only. 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 all 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 all 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. 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 via email to:

purchasing@arb.ca.gov Subject Line: 23ISD017 – 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, subject to the provisions of this Agreement.

c. Deductible: Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

d. Primary Clause: Any required insurance contained in the Agreement shall be primary, and not excess or contributory to any other insurance carried by the State.

e. Insurance Carrier Required Rating: All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

f. Endorsements: Any required endorsement must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

g. Inadequate Insurance: Inadequate or lack of insurance does not negate the

Contractor’s obligations under the Agreement.

H. FORCE MAJEURE

Except for defaults of subcontractors, neither CARB nor the Contractor must be liable for or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting from acts beyond the control of the offending party.

This includes acts of God, enemy or hostile governmental action, civil commotion, strikes, government orders, national or state declared pandemics, lockouts, labor disputes, nuclear accident, freight embargo, fire, flood, earthquakes or other physical natural disaster, or governmental statutes or regulations superimposed after the fact. If either party intends to invoke this clause to excuse or delay performance, the party invoking the clause must provide written notice to the other party immediately but no later than fifteen (15) calendar days of when the force majeure even occurs and reasons that the force majeure event is preventing that party from or delaying that party in performing its obligations under this contract. CARB may terminate this Agreement immediately in writing without penalty in the event the Contractor invokes this clause.

If the Agreement is not terminated by CARB pursuant to this clause, upon completion of the event of force majeure, the Contractor must as soon as reasonably practicable recommence the performance of its obligations under this Agreement. The Contractor must also provide a revised schedule to minimize the effects of the delay caused by the event of force majeure. An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event.

If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, arises out of causes beyond the control of both the Contractor and subcontractor pursuant to this force majeure clause, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule

I. REGISTRATION WITH STATE AND LOCAL JURISDICTIONS

All business entities doing business within the State must be registered with the appropriate state and local jurisdictions and maintain applicable licenses as required by law. All businesses who do not possess active licenses required to perform the contract services in the scope of work, or who are not registered with the appropriate jurisdictions as required by law during the Agreement term may have their Agreement terminated at the discretion of CARB.

J. TAX DELINQUENCIES

Public Contract Code Section 10295.4 provides that a State agency shall not enter into any contract for goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. FTB and BOE will post and periodically update lists of the 500 largest tax delinquencies on their websites as required by law. If CARB determines that the Contractor or any of its subcontractors are on either the FTB or BOE list at any time before or during the contract term, this will be grounds for termination of the contract.

K. HEALTH AND SAFETY

Contractors are required to, at their own expense, comply with all applicable health and safety laws and regulations. Upon notice, Contractors are also required to comply with the state agency’s specific health and safety requirements and policies.

Contractors agree to include in any subcontract related to performance of this Agreement, a requirement that the subcontractor comply with all applicable health and safety laws and regulations, and upon notice, the state agency’s specific health and safety requirements and policies.

EXHIBIT E

ADDITIONAL PROVISIONS

A. CONFIDENTIALITY OF STATE INFORMATION

It is expressly understood and agreed that information Contractor receives from

State in performing its obligations under this Agreement may be deemed confidential by State. Therefore, Contractor agrees to:

1. Observe complete confidentiality with respect to such information, including without limitation,…