24-0087_IFB.pdf

Revised 7/3/2024

October 4, 2024

INVITATION FOR BID (IFB)

IFB No.: 24-0087 Title: Hazardous Waste Collection and Disposal Services Type of Contract: Hazardous

NOTICE TO PROSPECTIVE PROPOSERS:

You are invited to review and respond to this Invitation for Bid (IFB). In submission of your proposal, you must comply with the instructions and requirements found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions.

Questions about this solicitation must be submitted to the Contracts Unit email address below with the IFB number in the Subject line. Responses to all questions received will be posted as an official addendum to this solicitation. Reference Page 1 for all Key Action Dates.

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Contracts Unit Office of Grants Administration Administrative Services Division CDFA.Contracts@cdfa.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms mailto:CDFA.Contracts@cdfa.ca.gov

Table of Contents Key Action Dates

Questions and Answers

Term of Contract

Option to Renew

Extension of Term

Description of Services

Contractor Responsibilities

CDFA Responsibilities

Cost Proposal

Generative Artificial Intelligence (GenAI) Disclosure Notification Clause

Submission of Bid

Evaluation and Selection

Award and Protest

Disposition of Bids

Agreement Execution and Performance

Termination

Preference and Incentive Programs

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

REQUIRED DOCUMENTS

SAMPLE CONTRACT - STD 213

EXHIBIT A - SCOPE OF WORK

EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT D - SPECIAL TERMS AND CONDITIONS

EXHIBIT E - ADDITIONAL PROVISIONS

Key Action Dates

All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Release of IFB.................................................................................. October 4, 2024 Written questions must be received by 2:00 PM PT....................... October 14, 2024 Questions and Answers will be posted by 5:00 PM PT .................. October 16, 2024 Emailed bids must be complete and received no later than 2:00 PM PT ..................................................... October 22, 2024

Notice of Proposed Award Date to occur within five (5) business days after “Opening of Cost Proposal.” Bidders interested in observing the bid opening must email the Contracts Unit at CDFA.Contracts@cdfa.ca.gov. Bid openings will be held virtually.

Avoid late submittals due to computer glitches or other technical issues that may arise by submitting documents early.

Questions and Answers

To maintain fairness during the bidding process, all questions must be submitted in writing and sent to the Contracts Unit email (CDFA.Contracts@cdfa.ca.gov) only. The subject line of the email must contain the Bid Number. Bidders must not contact any program staff during the bidding process as this could result in disqualification.

Answers to questions received prior to the submission deadline listed above, will be provided via a formal addendum and will be posted to the contract advertisement on Cal eProcure.

Term of Contract

The term of this contract is November 1, 2024 or upon final/Department of General Services/Office of Legal Services (DGS/OLS) approval, whichever is later, through October 31, 2025.

Option to Renew

The CDFA reserves the right to renew this agreement for two additional one-year terms, if needed, with the successful bidder at the end of the agreement term, provided funding to do so is appropriated for this purpose in subsequent budgets. Proposed renewals are assessed annually for approval by the California Department of General Services and CDFA according to program direction, funding, consistency of price and scope of work continuity.

Extension of Term

This Agreement may be amended to extend the term, if it is determined to be in the best interest of the State. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement.

Description of Services

This is an Agreement in which the Contractor shall provide hazardous waste collection and disposal. The Contractor will be compensated for the services in accordance with the rate(s), which shall include all labor, equipment, parts, devices, materials, tools, licenses, permits, supervision, inspection, insurance, transportation, travel and per diem, and every other item of expense necessary for the California Department of Food and Agriculture (CDFA) Southern District locations.

Chemical and hazardous waste generated by the California Department of Food and Agriculture (CDFA), Pest Detection Emergency Projects (PDEP) Southern District Commissioner Office, needs to be routinely removed and disposed of in accordance with stringent rules and time frames set forth by the California Environmental Protection Agency (Cal EPA), the California Department of Toxic Substances Control (DTSC), and the U.S.

Environmental Protection Agency (EPA). See Attachment 1, Waste Products List, for specific waste items for disposal.

In addition to the collection and disposal of hazardous waste, the contractor shall provide consultation to determine appropriate classification and containerization of waste, determination of proper waste streams, determine weights of hazardous waste at pick sites, transport, labor, supplies, packaging, and disposal of waste.

The Department of Food and Agriculture does not guarantee a minimum quantity of waste per location per pick up.

Minimum Qualifications

The contractor will be considered a weighmaster, those who provide a service based on a weight and issues a statement or memorandum of the weight, measure, or count that is used as the basis for either the purchase or sale of that commodity or charge for service.

The contractor shall have an active Weighmaster License.

Weighmaster application can be found at CDFA - DMS - Online Weighmaster Licensing (ca.gov).

Any weighing, measuring, or counting instrument or device, as defined in Section 12500, which is used by a weighmaster and for which specifications and tolerances have been adopted by the secretary, shall be approved, tested, and sealed in accordance with Division 5 of the California Business and Professions Code.

Contractor Responsibilities

Contractor shall

1. Provide all labor, tools, materials, supplies (e.g., Department of Transportation (DOT) containers), equipment (e.g., scales appropriate for weighing materials in drums and drum dolly, etc.) insurance, permits, and licenses necessary to lawfully pickup, transport and properly dispose of pesticide waste products generated by the Southern and South Coastal District locations (Attachment 2 Pick-up locations), on an as needed basis.

2. Prepare chemicals for packaging by labeling, marking, and weighing of barrels.

3. Maintain a current weighmaster license and provide appropriate devices used to weigh or measure, as a basis for the charge of hazardous waste transport and disposal.

4. Complete required manifest on site. This sheet shall include type and amount of waste and must be verified by PDEP/County staff at time of pickup. A copy will be given to PDEP/County at the time of pickup, to be followed up with a final itemized invoice mailed to pick up location.

5. Transport all sealed containers as required by California Vehicle Code;

California Highway Patrol Regulations; the California State Fire Marshal Regulations; and United States Department of Transportation (DOT).

6. Provide the CDFA Program Contract Manager current information on how to handle new or different waste requirements, plus provide information regarding waste stream categorization upon request.

1. When a request has been made, the contractor shall schedule a pickup within 5 business days. Picking up chemical waste from the locations specified within 10 business days and in accordance with the EPA, Cal EPA, and DTSC requirements.

7. Confirm with the PDEP/County staff in advance of the date and approximate time of pickup. If pickup date and time must be rescheduled, contractor will notify PDEP/County staff to arrange for another pickup date not to exceed the legal time frame to store chemical waste.

8. Reimburse PDEP for any monetary fines incurred for exceeding the legal time frame to store chemical waste.

9. Comply with all provisions of federal, state, and local laws and regulations relating to hazardous waste pickup, transporting, and disposal.

10. Immediately notify, by phone, the CDFA Program Contract Manager or designated representative, of any incident involving material spills or lost manifested materials transported from PDEP/County locations.

11. Inspecting, noting, and reporting all hazards.

12. Provide annual Hazardous Waste Awareness Training and Function-Specific DOT

Training for Signing Hazardous Waste Manifests training to appropriate CDFA staff.

Please see Attachment 1, Waste Products List for specific waste items for disposal.

Please see Attachment 2, Pick-up Locations for a list of disposal pick-up locations.

CDFA Responsibilities

CDFA Shall:

1. Provide chemical inventory and Safety Data Sheet (SDS) to the contractor.

2. Notify the contractor, in advance, for a pickup identifying the contents and number of containers.

3. Oversee the container sealing, labeling, and loading for transport by the contractor.

4. Verify each barrel weight and sign transport manifest.

5. Label and seal all containers once they are at full capacity or picked up prior to maximum accumulation period.

6. Provide the contractor access to each location Monday through Thursday (or through Friday if the office is open), except State holidays, between the hours of 8:00 am and 2:30 pm, unless other arrangements are made in advance.

7. Provide the contractor a list of PDEP cell phone numbers in the event of an emergency during the transport of hazardous materials.

8. Match payment invoice against transport manifest prior to forwarding paperwork to Sacramento for processing.

Cost Proposal

Contractor shall include the cost of providing rights under Labor Code, Unemployment Insurance Code, and Industrial Welfare Commission Order in their proposed budgets.

The Employment Development Department’s (EDD) “2024 California Employer’s Guide” at https://edd.ca.gov/pdf_pub_ctr/de44.pdf and the Department of Industrial Relation’s website are two references that Contractors can access for assistance with determining the costs and methods of paying for these benefits to include in their proposal.

Travel costs shall be reimbursed at the rates in effect at the time of travel as established by the California Department of Human Resources (CalHR) rates, which can be accessed at:

http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

Generative Artificial Intelligence (GenAI) Disclosure Notification Clause

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

https://edd.ca.gov/pdf_pub_ctr/de44.pdf https://www.dir.ca.gov/ http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

Bidder / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor .

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

Submission of Bid

1. Bids must be submitted via email to CDFA.Contracts@cdfa.ca.gov. The subject line of the email must read as follows: Bid Number, Your Organization’s Name. All bid documents must be in PDF format. As the identified point of contact, please obtain acceptable e-signature(s) from your company’s authorized representative. Acceptable forms of e-signature include:

a. Scanned “Wet” Signature: Print and sign document(s) in ink, then scan an electronic copy in PDF format.

b. “Typed” Signature: If the signature field of the document is editable (e.g., the signature feature in Adobe Acrobat), then a typed signature is acceptable.

No late submittals will be accepted.

2. Bids will not be accepted from Expatriate Corporations, and bids from primes subcontracting with Expatriate Corporations.

3. If the bid is made under a business title (dba), the actual legal business name of the proposer must be provided.

4. All bids shall include the documents identified on the attached checklist entitled “Required

Documents.” Proposals not including the required documents shall be deemed non-responsive.

5. 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.

6. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The CDFA may waive any immaterial deviation in a bid. The waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements, if awarded.

7. The CDFA does not accept alternate contract language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected.

The State’s General Terms and Conditions are not negotiable.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2Ffmc%2Fpdf%2Fstd1000.pdf&data=05%7C02%7CBritni.Wissler%40cdfa.ca.gov%7C22eb12832cdc4cae181508dc99ffdf3d%7Cafdfd251a22248978cbaae68cabfffbc%7C0%7C0%7C638554571620241690%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=UWWxtJWQWUgZmGATl1dGF1%2Bh4k1r%2BGj7%2FV2WCqx%2BO3c%3D&reserved=0 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms

8. Costs incurred for developing bids and in anticipation of award are entirely the responsibility of the bidder and shall not be charged to the CDFA.

9. 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.

10. A bidder may withdraw its bid by submitting a written request to the CDFA, signed by the bidder or an authorized agent of their firm. Bids may not be withdrawn without cause after the bid submission deadline.

11. The CDFA may modify this IFB prior to the bid’s submission due date by posting an addendum with the original advertisement on Cal eProcure.

12. The CDFA reserves the right to reject all bids. The CDFA is not required to award an agreement.

13. Before submitting a response to this solicitation, bidders should review, proofread and confirm compliance with the IFB requirements.

14. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

15. No oral understanding or agreement shall be binding on either party.

Evaluation and Selection

1. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements.

2. The CDFA will evaluate each bid to determine its responsiveness to the published requirements.

3. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

4. Award, if made, will be to the lowest responsive and responsible bid.

Award and Protest

1. 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) business days prior to the award.

2. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the lobby of the CDFA Headquarters at least five (5) business days prior to awarding the agreement.

3. If any bidder, prior to the award, files a protest with the Department of General Services (DGS), Office of Legal Services, and the CDFA on the grounds that the (protesting) bidder is the lowest responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter (Public Contract Code §10345).

4. Within five (5) calendar days after filing the initial protest, the protesting bidder shall file with the DGS and the CDFA a detailed written statement specifying the grounds for the protest. The written protest must be sent to:

https://www.caleprocure.ca.gov/pages/Events-BS3/event-search.aspx http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10345.

Department of General Services Office of Legal Services Attention Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605 OLSProtests@dgs.ca.gov

A copy of the detailed written protest should be emailed to CDFA.Contracts@cdfa.ca.gov or mail to CDFA, Contracts Unit, 1220 N Street, Room 120, Sacramento, California 95814.

If mailing, it is suggested that proposers submit any protest by certified or registered mail.

Disposition of Bids

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

Agreement Execution and Performance

1. Service shall be available no later than 30 calendar days, or on the expressed date set by the CDFA 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 CDFA, upon (five) business 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 within the agreement’s terms.

Termination

The CDFA has the authority and expressed right to terminate any agreement awarded under this IFB at any time during the term of the agreement for any reason or if the CDFA finds that the Contractor's work is negligent, not satisfactory, or not in accordance with the agreement requirements.

Preference and Incentive Programs

Information, requirements, and forms for the preference programs listed below can be found at the Internet websites listed.

Note: These documents may not be required in all bid packages. Refer to Required Documents for documentation required by this IFB.

1. Certified Small Businesses and Microbusinesses Certification Benefits

Certified Small Businesses or Microbusinesses can claim the five percent (5%) preference when submitting a proposal on a state contract. You must provide a copy of the official Certification letter along with your proposal.

mailto:OLSProtests@dgs.ca.gov http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=3.5.&article=1.

For information on small business and microbusiness certification benefits refer to the following DGS Website – https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise

2. Target Area Contract Preference Act (TACPA)

This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid/offer.

The TACPA workplace and workforce preferences will be evaluated for this solicitation.

California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains required preference request forms and an interactive map to determine if a business is located with a TACPA qualified zone: Request a Target Area Contract Preference.

By submitting forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code 4535 and provided in section 1896.40 of Title 2 of the California Code of Regulations (CCR) in addition to requirements specified on the TACPA form STD 830.

3. Recycled Content Certification

The State of California is required to purchase recycled content products (RCPs) rather than non-recycled products whenever price, quality, and availability are comparable.

Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. If two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.

In order to help state agencies identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. Additional information regarding this program can be obtained at the following web site: https://www.calrecycle.ca.gov/StateAgency/.

4. DVBE Participation

Please look carefully at boxes (a) and (b) in this section. Please note that regardless of DVBE participation requirements the DVBE deductions still apply to all bidders providing DVBE participation (further information is listed below under DVBE Incentive).

(a) DVBE Participation is Required

(b) DVBE Participation has been Waived, however there is a DVBE Incentive.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.calrecycle.ca.gov/StateAgency/

If box (a) is checked:

You must respond accordingly to the instructions outlined in “California Disabled Veteran Business Enterprise (DVBE) Program Requirements – for Non-IT Services” on the following page for your bid to be considered responsive.

This IFB has participation goals for the Disabled Veteran Business Enterprise (DVBE) Program of three (3%) percent of the total bid cost. Bidders must meet the DVBE requirements in order to be considered a responsive bidder and be considered for contract award. Failure to meet the three (3%) percent minimum will result in your bid being rejected. A copy of the DGS DVBE Certification letter must be included with your bid.

If box (b) is checked, bidders are not required to provide DVBE participation, but may choose to for the Incentive. Please refer to the DVBE Incentive below:

Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified participation as identified on the Bidder Declaration, DGS PD-05-105, and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

Awards based on low price – the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5%

4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3%

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

(Revision Date 1-2022)

Please read the requirements and instructions carefully.

AUTHORITY

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.61 et seq.

DVBE PARTICIPATION

The minimum DVBE participation is 3% for this solicitation unless another percentage is specified in the solicitation, or the solicitation is exempt from DVBE participation.

DVBE INCENTIVE

An incentive will be given to bidders who provide DVBE participation, unless stated elsewhere in the solicitation that the DVBE Incentive has been waived.

INTRODUCTION

The bidder must complete the form(s) identified below and fully document that the mandatory minimum percent of DVBE participation will be met in order to comply with this solicitation’s DVBE program requirement or the bid may be considered non-responsive.

Information submitted by the Bidder to comply with this solicitation’s DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of PCC §10115 et seq. and MVC §999 et seq., and follow the investigatory procedures required by 2 CCR §1896.91. Contractors found to be in violation of these provisions may be subject to suspension from doing business with the State of California, contract termination, civil penalties, and loss of State certifications.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified Disabled Veteran Business Enterprises (hereafter called “DVBE”) shall be used to satisfy the DVBE requirements. The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of 2 CCR §1896.1, is certified in accordance with 2 CCR §1896.84, and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function as required in MVC §999(B). Bidders must verify each DVBE subcontractor’s certification status with OSDS to ensure participation eligibility prior to submitting bids. A DVBE that is not certified at the time of award or does not meet and maintain certification cannot count towards an awarding department’s three (3) percent goal (MVC §999.5(c).

COMMERCIALLY USEFUL FUNCTION (CUF) DEFINITION

A SB/DVBE certified firm performs CUF when doing all of the following:

1. Executes a distinct element of the contract scope of work including supplying of goods/services.

2. Performs, manages, or supervises the work including supplying of goods/services.

3. Performs work that is normal for the firm’s business services and functions.

4. Is responsible, with respect to products, inventories, materials, and supplies required for the subcontract, negotiating price, determining quality and quantity, ordering, installing (if applicable), and paying for the material.

5. Does not subcontract a portion of the work greater than expected by industry practices.

A SB/DVBE certified firm does NOT perform CUF when:

1. The firm is an extra participant involved in a transaction, contract, or project through which funds are passed through in order to obtain the appearance of SB/DVBE participation.

2. The firm is not being used to perform the work as stipulated in the bid.

3. The firm is no longer used to provide good/services listed in initial bid response.

DVBE SUBSTITUTION

Bidders must use the DVBE subcontractors or suppliers proposed in the bid. Any substitutions must be requested in writing to the awarding department and approved by the awarding department and OSDS in writing prior to the commencement of any work by the proposed DVBE. The substitution must be to perform the same work and shall maintain the minimum level of DVBE participation stated in original bid (MVC §999.5(g)).

DVBE SUBCONTRACTOR REPORTING

Bidders awarded a contract with a commitment to use DVBE subcontractors must certify, upon completion of contract, that all payments have been made to the DVBE subcontractors by submitting the Prime Contractor’s DVBE Subcontracting Report (STD 817). For such contractors awarded on or after January 1, 2021, the department will withhold $10,000 from the final payment, or the full payment if the final payment is less than $10,000 from prime contractors, until the complete and accurate STD 817 is received. Failure to submit this certification after given the opportunity to cure, will result in the department permanently deducting $10,000 from the final payment or the full payment if less than $10,000 (MVC §999.7).

Prime contractor shall provide proof of payments made to DVBE subcontractors at the request of the department. The department shall keep all information provided by the prime contractor regarding the DVBE program requirements in the procurement file for six (6) years (MVC §999.55).

PLEASE READ ALL INSTRUCTIONS CAREFULLY

These instructions contain information about the DVBE program requirements, bidder responsibilities, and the DVBE Bid Incentive. Bidders are responsible for thorough review and compliance with these instructions.

To meet the DVBE program requirements, bidders must complete and fully document compliance with the following:

PARTICIPATION COMMITMENT

Bidders must commit to meet or exceed the DVBE participation requirement in this solicitation by either Method A1 (bidder is a California certified DVBE) or A2 (bidder is not a California certified DVBE). Bidders must document DVBE participation commitment by completing and https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf submitting all forms and documentation necessary to support meeting CUF. Forms include the Bidder Declaration (DGS PD-05-105) and DVBE Declarations (DGS PD 843), the Confirmation Letter/Form as described below, and any other requested documentation.

Failure to complete and submit the required form(s) as instructed will render the bid non-responsive.

Method A1. Certified DVBE bidder:

A. Commit to perform the participation goal percentage of the contract bid amount with its own resources or in combination with another DVBE(s).

B. Document DVBE participation on the Bidder Declaration DGS PD-05-105 for the Prime and all subcontractors (any person, firm, and/or corporation that will participate in fulfilling any part of the contract).

C. Submit a written Confirmation Letter/Form from each DVBE subcontractor identified on the Bidder Declaration. The written confirmation must include the solicitation number and be signed by the Bidder and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of the intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

D. Submit DVBE Declarations Form, DGS PD 843, for all DVBE participants (prime or sub).

Method A2. Non-DVBE bidder:

A. Commit to using DVBE(s) to perform the participation goal percentage of the contract bid amount.

B. Document DVBE participation on the Bidder Declaration, DGS PD-05-105.

C. Submit a written Confirmation Letter/Form from each DVBE subcontractor identified on the

Bidder Declaration. The written confirmation must include the solicitation number and be signed by the Bidder and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of the intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

D. Submit DGS PD 843, DVBE Declarations Form, for all DVBE participants (prime or sub).

RESOURCES AND INFORMATION TO LOCATE DVBE SUPPLIERS

Awarding Department Contact the department at CDFA.Contracts@cdfa.ca.gov for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Department of General Services, Procurement Division (DGS-PD) OFFICE OF SMALL

BUSINESS AND DVBE SERVICES (OSDS)

The department’s Small Business (SB/DVBE) Advocate can also provide assistance with identifying DVBEs. For a directory of SB/DVBE Advocates for each department go to Find-a- SB_DVBE-Advocate.

For assistance with this directory, contact the DGS-PD SB/DVBE Advocate at (916) 375-4940 or Advocate@dgs.ca.gov.

For assistance with SB/DVBE search, certification applications and information, certification information, certification status or concerns and general DVBE program info, you may use any of the following methods:

1. From 8:00 a.m. – 5:00 p.m., Monday through Friday: Call OSDS at (916) 375-4940

2. Visit the DGS website at: Apply For or Re-apply as Small Business, Disabled Veteran

Business Enterprise (ca.gov); or

3. Email: OSDSHelp@dgs.ca.gov

DGS PD E-Procurement Access the list of all certified DVBEs by using the DGS-PD online certified firm database at www.caleprocure.ca.gov. To begin your search, click on “Quicklinks” and then click on “Find Certified Firms (SB/DVBE). Search by one “keyword” or “United Nations Standard Products and Services Code (UNSPSC)” at a time that apply to the elements of work you want to subcontract.

Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at www.caleprocure.ca.gov, click on Resources and then on “Find Public Procurement Information.” For questions regarding the CSCR, please call (916) 375-2000 or send an email to eprocure@dgs.ca.gov.

For eProcurement Training Modules, including the SB/DVBE Search, click on “Resources” then on “Training and Resources.”

California Department of Veterans Affairs Visit www.calvet.ca.gov, Click on CalVet Programs tab, click on Veterans Services, and then click on Disabled Veterans Business Enterprise (DVBE Program) or email:

DVBE@calvet.ca.gov.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Small-Business-Disabled-Veteran-Business-Enterprise-Advocate-Directory?search=SB/DVBE%20Advocates https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Small-Business-Disabled-Veteran-Business-Enterprise-Advocate-Directory?search=SB/DVBE%20Advocates mailto:Advocate@dgs.ca.gov https://www.dgs.ca.gov/PD-Certification https://www.dgs.ca.gov/PD-Certification mailto:OSDSHelp@dgs.ca.gov http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/ mailto:eprocure@dgs.ca.gov http://www.calvet.ca.gov/ mailto:DVBE@calvet.ca.gov

REQUIRED DOCUMENTS

The following documents must be submitted with your proposal to be considered responsive:

Attachment A, Bid Cost Sheet(s)

Contractor Status Form

Disabled Veterans Business Enterprise Participation Declarations, DGS PD 843

Bidder Declarations, GSPD-05-105 https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Commercially Useful Function (CUF), DGS OBAS 201 https://www.documents.dgs.ca.gov/dgs/fmc/dgs/obas201.pdf

Generative Artificial Intelligence (GenAI) Reporting & Factsheet, STD 1000 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

If corporation, proof that business is in good standing and qualified to conduct business in California.

If a nonprofit organization, proof of nonprofit status

The following forms will be required of the winning proposer upon award of the contract:

Contractor Certification Clauses – CCC 4/2017 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Recycled Content Certification Form, CalRecycle 74 https://www2.calrecycle.ca.gov/Docs/Web/111480

Darfur Contracting Act Certification, DGS PD 1 https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

California Civil Rights Laws Attachment, DGS OLS 04 https://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf

Iran Contracting Act Verification Form, DGS PD 3 (If $1,000,000 or more) https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf https://www.cdfa.ca.gov/grants/docs/Form1.10.1ContractorStatus.pdf https://www.cdfa.ca.gov/grants/docs/Form1.10.1ContractorStatus.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/dgs/obas201.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.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://www2.calrecycle.ca.gov/Docs/Web/111480 https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf

SAMPLE CONTRACT - STD 213

California Department of Food and Agriculture Agreement Number ________

Page _ of _

EXHIBIT A - SCOPE OF WORK

1. Contractor agrees to provide to the California Department of Food and Agriculture

(CDFA) as described herein:

2. The services shall be performed at .

3. The services shall be provided during .

4. The project representatives during the term of this agreement will be:

State Agency Name Unit/Branch Address Phone Number Email Address

Contractor Name Unit/Branch Address Phone Number Email Address

5. See Description of services for a detailed description of work to be performed and the duties of all parties.

All contractors are expected to comply with the latest guidance of the California Department of Public Health.”

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/ncov2019.aspx https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/ncov2019.aspx

Agreement Number ______

EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor, Grant, Sub-Grant or Agreement recipient for actual expenditures incurred in accordance with this Agreement and stated herein, which is attached hereto and made a part of this Agreement or Grant.

Original invoices shall include the agreement/contract number, dates of service, type of work performed, and when applicable, a breakdown of the costs of parts and materials, labor charges, and any other relevant information required to ensure proper invoices are submitted for payment. Invoices shall be itemized to follow the allowed expenses outlined in the agreement/contract budget and Scope of Work documents.

B. Unless mutually agreed, monthly invoices must be submitted within 30 calendar days from the end of each month in which services were rendered. Invoices must include the Agreement number and submitted to the Program Contract Manager listed in this contract.

C. Any travel and subsistence payments authorized under this agreement shall be paid as needed to execute the work. The maximum travel rates allowable are the rates in effect at the time of travel as established by the California Department of Human Resources. www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

2. Budget Contingency Clause A. 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.

B. 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.

3. Prompt Payment Clause

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

Agreement Number _______

EXHIBIT D - SPECIAL TERMS AND CONDITIONS

1. 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 or 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.

2. Settlement of Disputes

Any dispute concerning a question of fact arising under the terms of this agreement, Contractor shall file a "Notice of Dispute" with the CDFA within ten (10) business days of discovery of the problem. Such Notice of Dispute shall contain the Agreement number. Within ten (10) business days of receipt of such Notice of Dispute, the Agency Secretary, or Designee, shall meet with the Contractor and the CDFA project manager for the purpose of resolving the dispute. The decision of the Agency Secretary or Designee shall be final. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal.

3. Agency Liability

The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

5. Right to Terminate

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein. However, the agreement can be immediately terminated for cause.

Agreement No. ______

Page __ of __

EXHIBIT E - ADDITIONAL PROVISIONS

CONTRACTS FUNDED BY THE FEDERAL GOVERNMENT

All federal recipients are subject to Uniform Administrative Requirements, Cost Principles, and Audit Requirements (2 CFR 200), and other laws and regulations affecting federal assistance.

FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT

Upon selection of an award, Recipients of federal funds will need to comply with the Federal Funding Accountability and Transparency Act of 2006 (FFATA). This includes disclosing the names and total compensation of the five most highly compensated officers of the entity if:

1) The entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and

2) $25,000,000 or more in annual revenues from federal awards; and

3) The public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15 (d) of the Securities Exchange Act of 1934.

SYSTEM FOR AWARD MANAGEMENT

All entities applying for federal funding, including renewal funding, must have a Unique Entity ID. A UEI Number is a unique identifier issued and maintained by System for Award Management. All entities must register with SAM.gov. Failure to register and maintain an active SAM account will prevent your organization from receiving federal funds. SAM accounts must be renewed annually.

Entities will be required to provide their organization’s UEI number before CDFA can enter into an agreement. The registration process can take a few weeks; therefore, entities are highly encouraged to begin the registration process now.

CONTRACT AND SUBCONTRACT COMPLIANCE REQUIREMENTS

The Contractor shall ensure its officers, agents and employees will fully cooperate with any/all investigations conducted by the Department of Food and Agriculture’s Equal Employment Opportunity and Human Resources Offices and will require the same of any subcontractors or consultants used pursuant to this agreement.

UNFAIR PRACTICES ACT

Contractor hereby certifies that he/she will comply with the requirements of Section 17200 of the Business and Professions Code.

GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) TECHNOLOGY USE AND

REPORTING

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=988467ba214fbb07298599affd94f30a&n=pt2.1.200&r=PART&ty=HTML https://www.fsrs.gov/documents/ffata_legislation_110_252.pdf https://www.sam.gov/SAM/ https://www.sam.gov/SAM/ http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=7.&title=&part=2.&chapter=5.&article= http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=7.&title=&part=2.&chapter=5.&article= of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

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