23MLD011_IFB_REBID_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. REBID 23MLD011

“March 29, 2024”

You are invited to review and respond to this Invitation for Bid (IFB) No. REBID 23MLD011, entitled, “Identification of major contributors to atmospheric volatile organic compounds.” 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 “April 16, 2024” no later than 3:00 pm 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 REBID 23MLD011 [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: alissa.loyola@arb.ca.gov Cc: aracely.coria@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: Alissa Loyola Email: alissa.loyola@arb.ca.gov

CC: aracely.coria@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:alissa.loyola@arb.ca.gov mailto:aracely.coria@arb.ca.gov mailto:alissa.loyola@arb.ca.gov mailto:aracely.coria@arb.ca.gov

California Air Resources Board

TABLE OF CONTENTS SECTION

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

Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit A, Attachment 1 – Target Volatile Organic Compounds Table 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) (if applicable) 7 Contractor Certification Clauses (CCC 04/2017) 8 Bidder Declaration (GSPD-05-105) 9 DVBE Bid Incentive Instructions 10 Darfur Contracting Act Certification 11 Detailed Response for Minimum Qualifications 12 COVID-19 Prevention Contractor Self-Certification……………………………………..48

I. SCOPE OF WORK

The Contractor will perform positive matrix factorization (PMF) analysis using the latest version of the United States Environmental Protection Agency’s (US EPA) PMF model or other equivalent PMF models utilizing the Multilinear Engine version 2 (ME-2). Additional information on US EPA’s PMF model can be found here:

https://www.epa.gov/sites/default/files/2015-02/documents/pmf_5.0_user_guide.pdf. The Contractor shall perform PMF analyses to generate source profiles and attempt to identify major sources/source types based on PMF factor profile results.

The contract term shall be for ten (10) months.

Provided the Contractor has performed satisfactorily during the term of the contract, CARB reserves the right to amend the Agreement for time only.

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

CARB’s budget for this project is $45,000.00. 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, this solicitation.

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

https://www.epa.gov/sites/default/files/2015-02/documents/pmf_5.0_user_guide.pdf

Time Schedule Date Time (PST)

IFB Posted on Cal eProcure March 29, 2024 N/A Deadline for Submission of Written Questions April 4, 2024 5:00 PM

Responses to Questions Posted April 10, 2024 N/A

Bid Submission Due April 16, 2024 1:00 PM

Opening of Bids (Virtual) April 17, 2024 3:00 PM

Notice of Intent to Award Posted April 22, 2024 N/A

Estimated Contract Start Date June 3, 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: Alissa Loyola Email: alissa.loyola@arb.ca.gov CC: aracely.coria@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 REBID 23MLD011 [insert vendor name] Bid.”

5. Bids must be submitted to the following addresses:

Purchasing@arb.ca.gov CC: alissa.loyola@arb.ca.gov CC: aracely.coria@arb.ca.gov https://caleprocure.ca.gov/ mailto:alissa.loyola@arb.ca.gov mailto:aracely.coria@arb.ca.gov mailto:Purchasing@arb.ca.gov mailto:alissa.loyola@arb.ca.gov mailto:aracely.coria@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.

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

7. 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.

8. 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.

9. 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. 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 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

205 (if applicable) Attachment 6, 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.

10. 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 7.

11. The bidder must complete and submit Bidder Declaration Form, Attachment 8.

12. The Bidder must sign and submit to CARB, the Darfur Contracting Act Certification, Attachment 10.

13. 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.

14. 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.

15. 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 12, 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 response, outlining information as to how the Bidder meets the minimum qualif ications of 1 and 2. If the bidder meets the qualif ication of 3, the qualif ications of 1 and 2 can be waived. Bids that do not meet the minimum qualif ications may be determined non-responsive and ineligible for award.

1. The Contractor must have no less than three (3) years of professional experience (i.e.

not as a student or intern) conducting PMF analysis of atmospheric pollutants.

2. The Contractor’s experience must include at least one (1) project in which the Contractor conducted source attribution analysis of atmospheric speciated VOCs. The project should include the identification of major VOC sources in the atmosphere based on PMF model results. The results were published as a final report for the funding agency (e.g., state environmental protection agencies) and/or in peer-reviewed papers.).

or 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

3. The contractor has a source attribution contract (using the PMF model) with the

California Air Resources Board in the past three years.

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. 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 13.

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 public can view bid opening via teams Microsoft at:

April 17, 2024 3:00 p.m. PST.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzUxZTAwYjgtMmI3Mi00M2FmLTlmZWUtYzAxYzMxOWJhMm Fh%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%2222ea7e18-e651-4f33-8cee-f27757deae98%22%7d

Meeting ID: 267 903 422 946 Passcode: Ku5Kku

Dial-in by phone

+1 916-538-5111 363832272#

Find a local number: https://dialin.teams.microsoft.com/8c4f4386-dd49-4e1f-96ef- 010b6a436625?id=363832272

Phone Conference ID: 363 832 272#

2. A vendor’s bid must constitute an irrevocable offer for a period of at least 90 days https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzUxZTAwYjgtMmI3Mi00M2FmLTlmZWUtYzAxYzMxOWJhMmFh%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%2222ea7e18-e651-4f33-8cee-f27757deae98%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzUxZTAwYjgtMmI3Mi00M2FmLTlmZWUtYzAxYzMxOWJhMmFh%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%2222ea7e18-e651-4f33-8cee-f27757deae98%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzUxZTAwYjgtMmI3Mi00M2FmLTlmZWUtYzAxYzMxOWJhMmFh%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%2222ea7e18-e651-4f33-8cee-f27757deae98%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzUxZTAwYjgtMmI3Mi00M2FmLTlmZWUtYzAxYzMxOWJhMmFh%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%2222ea7e18-e651-4f33-8cee-f27757deae98%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzUxZTAwYjgtMmI3Mi00M2FmLTlmZWUtYzAxYzMxOWJhMmFh%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%2222ea7e18-e651-4f33-8cee-f27757deae98%22%7d https://dialin.teams.microsoft.com/8c4f4386-dd49-4e1f-96ef-010b6a436625?id=363832272 https://dialin.teams.microsoft.com/8c4f4386-dd49-4e1f-96ef-010b6a436625?id=363832272 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://ww2.arb.ca.gov/contract-information

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:

California Air Resources Board Acquisitions Branch:

Alice Kindarara -

IFB REBID 23MLD011

1001 I Street, 20th Floor Sacramento, CA 95814 Purchasing@arb.ca.gov

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

Bid Protest Coordinator email address:

OLSProtests@dgs.ca.gov

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

7. The Agreement(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 https://caleprocure.ca.gov/pages/index.aspx https://ww2.arb.ca.gov/contract-information mailto:Purchasing@arb.ca.gov mailto:OLSProtests@dgs.ca.gov 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 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

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.

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.

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

DRAFT STANDARD AGREEMENT

EXHIBIT A

SCOPE OF WORK

A. BACKGROUND AND PURPOSE

1. CARB's Monitoring and Laboratory Division (MLD) conducts air monitoring in communities near oil and gas production under the Study of Neighborhood Air near Petroleum Sources (SNAPS) program. The goal of this work is to measure ambient air pollutants in communities near oil and gas fields to characterize local air quality and identify emission sources that may be contributing to elevated health risks. MLD supports these objectives by conducting limited-term air monitoring of volatile organic compounds (VOCs), metals, toxic compounds, particulate matter, criteria pollutants, and meteorological parameters.

2. VOCs are a complex mixture of organic compounds which include toxic compounds such as benzene as well as precursors for other forms of air pollution such as ozone and particulate matter. Fifty-six (73) organic compounds are investigated via the SNAPS program. These VOCs range from 2 to 12 in carbon number and include straight-chain and branched alkanes, cyclic alkanes, alkenes, single-ring aromatic hydrocarbons, and halogenated VOCs. A list of VOCs measured via SNAPS is provided in Table 1. These VOCs are measured using an automated, on-site gas chromatography-flame ionization detection and mass spectrometry system on an hourly basis.

3. Identifying the major emission sources/source types of these compounds is critical to fulfilling SNAPS’s programmatic goals. To identify the major sources/source types of VOCs, the SNAPS program leverages the positive matrix factorization (PMF) model for source attribution analyses. PMF is selected because many communities do not have community-scale emissions inventories. The PMF model can overcome this because this model does not require source profiles nor community-scale emissions inventory data to perform source attribution analysis.

4. The service described in this agreement provides source attribution analyses using the PMF model for VOC data collected by the SNAPS program.

B. SCOPE OF WORK

CARB will provide data files of hourly VOC concentrations and VOC detection limits to the Contractor as a base data set for conducting PMF analysis. This dataset may contain up to a year’s worth of air monitoring data for two monitoring locations, respectively.

The Contractor will perform PMF analysis using the latest version of the United States Environmental Protection Agency’s (US EPA) PMF model or other equivalent PMF models utilizing the Multilinear Engine version 2 (ME-2). Additional information on US EPA’s PMF model can be found here: https://www.epa.gov/sites/default/files/2015- 02/documents/pmf_5.0_user_guide.pdf.

The Contractor must attempt to include all VOC species in the PMF analysis. If the Contractor decides to exclude a species, the Contractor shall provide justifications for exclusion of VOCs in the PMF analysis based on EPA’s PMF model instructions or/and published peer-reviewed papers. The Contractor shall consult with the CARB Contract Manager and a mutual agreement on the inclusion/exclusion of species must be reached before finalizing the PMF model results. This information shall be shared with the CARB Contract Manager through emails/teleconferences and included in the final report.

The Contractor shall perform PMF analyses to generate source profiles and attempt to identify major sources/source types based on PMF factor profile results. The Contractor must justify the identification of these sources by referencing peer-reviewed literature and source profile databases or similar references. Final identification of the sources shall be agreed upon by both the CARB Contract Manager and the Contractor prior to finalizing the results. The Contractor shall provide a final report describing the PMF analysis and interpretation of the PMF results per the schedule provided in Exhibit A, Scope of Work, Section C: Schedule and Deliverables.

The Contractor shall update the CARB Contract Manager on the status and progress of the project at least once for each deliverable/task through teleconferences or other approaches agreed by both the CARB Contract Manager and the Contractor. Additional meetings may be scheduled if either the CARB Contract Manager or Contractor consider it necessary in order to proceed with the project.

The Contractor shall complete the tasks describe herein and following the schedule provided in the Section C: Schedule and Deliverables.

1. Tasks

Task 1 - Initial Data Analysis and PMF Model Inputs

a. The Contractor shall meet with the CARB Contract Manager (through teleconferencing or other approaches mutually agreed to by both the CARB Contract Manager and Contractor) to discuss model inputs (concentration and uncertainty matrix) within four (4) weeks from receipt of the data from CARB Contract Manager. This meeting will be used to clarify any questions related to the input matrices.

b. The Contractor shall justify which analytes should be included or excluded from the PMF analysis. References such as US EPA’s PMF manual and published peer-reviewed papers shall be cited to support the argument. The CARB Contract Manager and Contractor will agree upon a final analyte list prior to the Contractor commencing with the PMF modeling.

c. The Contractor shall explain via email or teleconference how to assign uncertainties to analytes when ambient concentrations fall below their respective method detection limits. References including, but not limited to, the US EPA’s PMF manual shall be cited to support the argument.

Task 2 - Results of PMF Analyses

a. The Contractor shall explore different numbers of PMF factors to determine the most robust solution, in addition to checking the goodness-of-fit and bootstrapping.

b. The Contractor shall identify the source/source type represented by each PMF factor.

References, such as published peer-reviewed papers and source profile databases (developed by CARB or/and US EPA), shall be cited to support names and source identification of PMF factors.

c. The Contractor shall conduct PMF analysis on the entire VOC dataset to examine long-term trends in source profiles and source strengths.

d. The Contractor shall conduct PMF analysis on VOC data for each season or four (4) three (3)-month periods to investigate seasonal changes in the composition of sources/source types.

e. The Contractor shall discuss the results with the CARB Contract Manager via email or teleconference before finalizing the PMF analyses.

f. The Contractor shall provide updates through teleconferences on results from the PMF analysis with the CARB Contract Manager per the schedule given in the Section C:

Schedule and Deliverables.

Task 3 - Draft Report

a. The draft report shall include a discussion of how the best solution for the PMF analysis is determined and how each PMF factor is associated with a specific source or source type.

b. The draft report shall compare identified factors with applicable source profile data available in the region or air basin where the monitoring site is located.

c. The draft report shall include plots of PMF results including, but not limited to;

concentration time series with excluded and selected samples, time series of source contributions, diurnal profiles of source contributions, profile for each factor, the relative contribution of each factor to total VOCs, the relative contribution of each factor to individual compounds. Figures illustrating the relative contributions shall also include those showing the campaign-average contributions, seasonal-average contributions, and diurnal variations of these relative contributions.

d. The draft report shall include all data used to plot those figures.

e. The Contractor shall share the draft final report with the CARB Contract Manager for comments within sixteen (16) weeks from receipt of the input data set.

Task 4 - Final Report

a. The Contractor shall finalize the report within four (4) weeks after receipt of CARB’s comments.

b. The Contractor shall address all of CARB’s comments through point-by-point responses as an appendix to the final report.

c. The Contractor’s responses shall be reflected in the final report if revisions and modifications are required to address CARB’s comments.

d. The final report shall be submitted as an electronic copy via email to the CARB Contract Manager in a mutually agreed upon format.

e. The submission of the final report shall also include the data of source profiles and time series of concentrations for all identified factors and the data used to plot figures in final report. The data format can be either .txt or .CSV.

C. SCHEDULE AND DELIVERABLES/ACCEPTANCE

Services performed by the Contractor are to be reviewed by CARB after completion.

CARB is solely responsible for determining acceptability of the work performed.

Task Number Deliverables Due Dates

1 Initial data analysis and model inputs 4 weeks from receipt of data

2 Results of PMF analyses 10 weeks from receipt of data 3 Draft report 16 weeks from receipt of data

4 Final report submission 4 weeks after receipt of CARB comments on draft report

D. RESPONSIBILITIES OF CARB

1. CARB will provide hourly VOC concentrations for up to one (1) years’ worth of monitoring. CARB will provide method detection limits associated with each analyte included in the VOC dataset. The list of VOCs is provided in Exhibit A, Scope of Work, Section A.2 Table 1.

2. CARB will provide supporting data to help the Contractor conduct PMF analysis including wind speed, wind direction, and concentrations of methane, hydrogen sulfide, carbon monoxide, and black carbon if the Contractor and CARB both agree the data are necessary for conducting PMF analysis.

E. RESPONSIBILITIES OF THE CONTRACTOR

Services performed by the Contractor shall conform to the latest requirements of federal, State, city, and county regulations. Contractor is responsible for compliance with all applicable laws, codes, rules and regulations in connection with work performed under this Agreement.

F. CONTRACT REPRESENTATIVES

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

Agency: California Air Resources Board Contractor:

Division: Monitoring and Laboratory Division

Section:

Attention: Yunliang Zhoa Attention:

Address: 1900 14th Street

Sacramento, CA 95811 Address:

Phone: (279)208-7592 Phone:

Email: yunliang.zhao@arb.ca.gov Email:

mailto:yunliang.zhao@arb.ca.gov

The Administrative Contacts during the term of this agreement shall be:

Agency: California Air Resources Board Contractor:

Division: Monitoring and Laboratory Division Section:

Attention: Abigail Townbridge Attention:

Address: 1927 13th Street

Sacramento, CA 95811 Address:

Phone: (279) 208-7126 Phone:

Email: abigail.trowbridge@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:abigail.trowbridge@arb.ca.gov

EXHIBIT A, ATTACHMENT 1

Target Volatile Organic Compounds Table

Table 1. Target Volatile Organic Compounds

VOC List Ethane Isobutane Ethene Benzene Trichloromethane Propane 2-Methylbutane Propylene Toluene 1,2-Dichloroethane n-Butane 2,2-Dimethylbutane Acetylene Ethylbenzene Carbon Tetrachloride n-Pentane 2,3-Dimethylbutane Trans-2-

Butene m & p-Xylenes 1,2-Dichloropropane n-Hexane 2-Methylpentane 1-Butene Styrene Trichloroethylene n-Heptane 3-Methylpentane Cis-2-Butene o-Xylene cis-1,3-Dichloropropene n-Octane 2,4-Dimethylpentane Tans-2-pentene Isopropylbenzene trans-1,3-Dichloropropene n-Nonane 2,3-Dimethylpentane 1-Pentene n-Propylbenzene 1,2-Dibromoethane n-Decane 2-Methylhexane cis-2-Pentene 1,3,5-Trimethylbenzene Tetrachloroethylene n-Undecane 3-Methylhexane 1-Hexene m-Ethyltoluene Chlorobenzene n-Dodecane 2,2,4-

Trimethylpentane Isoprene 1,2,4-Trimethylbenzene 1,1,2,2-Tetrachloroethane

2,3,4- Trimethylpentane 1,3-Butadiene p-Ethyltoluene 1,4-Dichlorobenzene

2-Methylheptane o-Ethyltoluene 1,3-Dichlorobenzene 3-Methylheptane 1,2,3-Trimethylbenzene 1,2-DichloroBenzene Cyclopentane p-Diethylbenzene Hexachlorobutadiene Methylcyclopentane m-Diethylbenzene Cyclohexane Naphthalene Methylcyclohexane

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. The total contract amount shall not exceed $45,000.00.

2. Contractor shall submit one (1) original and one (1) copy of each invoice. Invoices must include the Agreement Number and must be submitted 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. TRAVEL AND PER DIEM

1. There shall be no reimbursement for travel or per diem.

mailto:accountspayable@arb.ca.gov

EXHIBIT B, ATTACHMENT 1

CONTRACTOR COST SHEET

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

A. Please provide an all-inclusive cost for each task below. All costs must include personnel, labor, subcontractors, materials, travel, reports, tax, and any other items necessary to perform and complete all tasks.

Task Number Deliverables Cost

1 Initial data analysis and model inputs

2 Results of PMF analyses $

Draft report

Final report submission

Total (Tasks 1-4) Total Costs Not to Exceed $45,000

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 only, provided the Contractor has performed satisfactorily during the term of the contract.

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…