24-0152a_IFB.pdf

March 27, 2025

INVITATION FOR BID (IFB)

IFB No.: 24-0152a Title: Ground Treatment 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.................................................................................. March 27, 2025 Written questions must be received by 12:00 PM PT ............................ April 9, 2025 Questions and Answers will be posted by 5:00 PM PT ....................... April 16, 2025 Emailed bids must be complete and received no later than 2:00 PM PT .......................................................... April 23, 2025 Estimated Opening of Cost Proposal ........................................... April 23, 2025

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 June 1, 2025 or upon Department of General Services/Office of Legal Services (DGS/OLS) approval, whichever is later, through May 31, 2026.

Option to Renew

The CDFA reserves the right to renew this agreement for two (2) 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

A. Objective The primary responsibilities of the Plant Health and Pest Prevention Services (PHPPS) Division and the Pest Detection Emergency Project Branch (PDEP) are the early detection and prompt eradication of harmful plant pests from California. This is accomplished through the operation of a statewide detection trapping program, special detection surveys, and prompt eradication response. The primary objective of the emergency project component is to eradicate incipient infestations of serious plant pests quickly and efficiently, thereby preventing establishment and subsequent spread in California.

The California Department of Food and Agriculture (CDFA) has developed contingency plans to apply pesticides by ground to specific plant hosts in various areas of the state to control and eradicate invasive plant pests, including but not limited to invasive fruit flies (IFF) and other plant pests. The plan calls for the standby availability of application backpack spray application equipment, specialized equipment for accessing hosts, pesticides, and personnel to provide foliar applications of various pesticides within Alameda County and surrounding areas.

B. Scope The Contractor must be able to provide foliar application of pesticides for IFF in Alameda County but may be extended to include other surrounding counties. The Contractor must have stand-by availability of pesticide application equipment, specialized equipment for access to tall trees, materials, and personnel to ensure immediate availability of these resources.

Contractor Responsibilities

The Contractor shall:

1) Provide all pesticides designated by CDFA for foliar applications.

2) Be responsible for mixing and loading the pesticides and all necessary application equipment.

3) Properly decontaminate and dispose of excess materials and clean equipment every day.

4) Have on standby or locally source spray equipment parts and tools necessary for timely repair and replacement of broken equipment throughout the day.

5) Provide support services to include, but not limited to, being registered in the county where pesticide application will be performed, writing application recommendations, calibration fill sheets, Notice of Intent (NOI) forms, and Pesticide Use Reports (PUR).

6) Provide all supplies and materials (unless provided by CDFA) necessary to apply foliar treatments using ground-based foliar application equipment. The resultant pesticide application must ensure proper pesticide coverage to the host plant(s).

7) Provide specialized equipment, backpack sprayers, such as digital flow meter spray guns, and specialized tree spray guns that may be needed to treat extremely tall host plants (more than 60 feet).

8) Secure a water source for refilling spray tanks or other treatment equipment in the field throughout the day.

9) Be prepared to conduct/divert traffic breaks and/or portable lighting to perform treatment activities during non-standard times when necessary.

All application equipment used for this contract shall be tested by CDFA prior to use and found free from contamination by other pesticides, herbicides, or other chemicals considered contaminants by the California Department of Pesticide Regulation (DPR). DPR has set the detection limit of any contaminates at one part per million. Other contaminants include, for example, algae, mold, fungus, and bacteria. CDFA may disallow any equipment that does not meet these criteria to be used in the performance of this contract. All equipment tested and approved for use must be identified by documenting the equipment number and dedicated solely to the specified program to prevent contamination with other pesticides or unwanted materials.

Additionally, all equipment approved for use must be secured (tamper- proof) in a manner prescribed by CDFA staff. The Contractor shall replace all equipment that is not free of contaminants. Following a failed test, all equipment shall be retested to ensure that it is free of any contaminants. All fees incurred due to retesting shall be the responsibility of the Contractor.

The Contractor shall provide properly trained personnel necessary for legal, safe and efficient treatment activities. The Contractor shall assign a licensed Pest Control Advisor (PCA) to a project. The PCA shall be experienced in writing application recommendations, calibration fill sheets, and NOI forms. The PCA shall be certified by DPR with the appropriate licenses to apply pesticides and write the necessary recommendations for special site-specific applications as requested by CDFA.

The Contractor shall maintain replacement parts and tools to make basic repairs of equipment to avoid operational delays. Repeated operational delays will be considered a breach of contract and reported to CDFA’s Grants and Contracts Unit (GCU).

The Contractor shall provide adequate staff to safely conduct the treatment activities, never less than two (2) or more than three (3) crew members for each crew assigned to the project. When the crew is in use, the crew and all equipment must be under the direct control of a contractor crewmember. Additional crews may be needed to accomplish the work in the time frame set by CDFA’s Program Representative (PR) or to direct street traffic (flag persons) around treatment activities. CDFA’s PR shall provide verbal notification to the Contractor of the number of crews required daily. As additional crews become necessary, the Contractor shall supply them within five (5) calendar days of the request.

The Contractor shall provide a cost proposal that includes all expenses, to include at a minimum:

1) A price for pesticide application (application rate set by the product label and/or SLN label), when applied from a hand or backpack sprayer, on a per-gallon basis or team per day for fruit fly bait station applications.

2) A price per unit of pesticide, of the chemicals that may be used on this project.

3) A price per written recommendation provided by the PCA, on an hourly rate basis.

C. Treatment Actions

The treatment area shall be determined by CDFA PR for each find site. As new sites are found, the area shall expand as necessary according to established CDFA protocols.

The treatment schedule is dependent upon the pesticide CDFA uses. Issues to consider when developing the treatment schedule are the pesticides used (the pesticide label will determine when to retreat, if necessary), level of pest presence, size of the treatment area, and CDFA’s prioritization of activities within the area.

D. Period of Contract and Treatment Items

Contractor shall perform the treatment actions described herein on a stand-by basis. The treatment locations may be at any location within Alameda County but may be extended to include other counties as determined by CDFA. The treatment areas may be in urban, rural residential, or agricultural settings. Treatments may occur in multiple locations within the county daily. Crews are not to move from the county without approval from the CDFA PR. The contract is to commence upon approval by the Department of General Services, Office of Legal Services.

There will be no guaranteed minimum treatment hours or gallons of pesticide applied under the terms of this contract.

E. Program Representative

CDFA shall designate a member of its staff as the Contracting Officer’s PR, who will have the authority to secure the orderly management of this contract. The PR shall not have the authority to change the basic terms of the contract.

F. Reporting and Starting Dates

The PR shall give the Contractor a minimum of ten (10) calendar days advance notice to report and start on the official start date unless a shorter interval is mutually agreed upon. Following the initial notice of the start date, if additional crews are needed, the Contractor shall provide the additional crews within five (5) calendar days of notice from CDFA.

The actual reporting date shall be specified by the PR. The number of days prior to the official start date may vary depending on the number of crews involved; time required to brief crews on the program and areas to be sprayed; and completing all preliminary arrangements to start the program on time. A Contractor who does not report on the official reporting day may, at the discretion of the PR, be charged liquidated damages as outlined under Contractor Administration, G. Liquidated Damages, in this Scope of Work. At the discretion of the PR, the Contractor may be terminated for default and be charged liquidated damages. Liquidated damages shall be charged for that day and for each day thereafter until the Contractor, or in the event of termination, a new contractor reports for duty.

A Contractor who does not fully qualify for acceptance on the official start date may, at the discretion of the PR, be charged liquidated damages. At the discretion of the PR, the Contractor may be terminated for default and be charged liquidated damages.

Liquidated damages shall be charged for that day and for each day thereafter until all requirements are met. The amount charged shall be the daily liquidated damage rate for each crew specified to report, even though one or more crews may have been qualified and accepted.

The Contractor shall have assembled at the reporting location all required crews, personnel, and facilitating equipment, and be ready to begin spraying on the official starting date at the time specified by the PR. This includes the specified category and number of crews, each meeting the contract requirements; all personnel, each fully qualified; and all treatment product applications and facilitating equipment. No payment for spraying shall be permitted until all these requirements are met, and services rendered, by the Contractor.

G. Operational Hours The applications shall be made at a time that will optimize the effectiveness of the application.

Applications may occur at dawn or during night hours. The sequence of areas to be treated and all pesticide applications shall begin and end at the discretion of the PR.

The Contractor, or the Contractor’s Representative (CR) shall be at the meeting location at the time designated by the PR.

H. Areas Not to be Sprayed

No spraying shall occur over specified sensitive areas or designated buffer areas. Sensitive areas include, but are not limited to, bodies of water, endangered species habitats, specific plants, and/or specific locations within a property. Such areas shall be designated by the PR in advance of the treatment. The PR shall attempt to notify the CR a minimum of 24 hours in advance of the treatment; however, in some situations, notification may occur on the day of the treatment. The notification shall be in writing via e-mail or verbal via telephone and in person while in the field. Each applicator shall be briefed thoroughly regarding such areas, and every effort must be made to avoid spraying such areas. All fines and required clean-up are the Contractor’s responsibility.

I. Operating Performance Standards for Responsible Contractor

The Contractor is responsible for:

1) Obtaining required licenses, bonds, and insurance prior to contract execution.

2) Obtaining all necessary permits and certifications to legally apply pesticides in the designated areas prior to the starting date.

3) Making personnel available for CDFA-provided training, and must become proficient in pesticide application according to CDFA’s training provided by the PR. The PR shall provide training at least one week prior to any treatments occurring.

4) Abiding by all pesticide and supplemental labels, personal protective equipment (PPE) requirements and pesticide safety laws.

5) Ensuring the professional conduct of the Contractor and Contractor’s personnel and adherence to CDFA’s instructions.

6) Ensuring Contractor’s personnel report to work on time each day and remain on the job site until officially released. The Contractor shall adhere to scheduled work hours, days of work, breaks and lunch hour.

7) Reporting on the scheduled date as directed and providing all required equipment and personnel.

8) Procuring all necessary equipment and supplies, except as specified by the PR, within one week of any necessary treatment. All equipment must meet contract requirements and be secured at the Contractor’s work yard and in accordance with CDFA requirements.

9) Avoiding repeated delays that affect the total overall length of time in performing the contract such as those caused by equipment malfunction and delays in loading/mixing pesticides between the mixing location and the treatment sites.

10) Performing the work utilizing and promoting safety and professional employee appearance while on the job. All employees must wear and display the proper identification and PPE.

11) Ensuring Contractor’s personnel are qualified to proficiently mix, load, and apply pesticides per the pesticide manufacturers labeling requirements.

12) Treating all host plants up to a height where drift is not a hazard per the pesticide manufacturers labeling requirements.

13) Securing a source of water for refilling tanks throughout the day.

14) Mixing, each day, only the amount of pesticide(s) needed for the scheduled operations.

Mixed pesticide must be agitated frequently to prevent the pesticide concentrate from settling in the tank. This may require that the tanks be brushed multiple times (hourly) throughout the day. Emptying all spray tanks upon completion of the day’s work and properly disposing of any unused pesticides, if any, and properly clean equipment.

15) Ensuring that the Contractor’s personnel are informed of the meeting location for each day.

16) Ensuring Contractor’s personnel do not treat areas that the PR determines hazardous or unsafe to treat and assess safety of a property and overhanging trees to neighboring properties, before initiating spraying.

17) Ensuring Contractor and Contractor’s personnel maintain a professional and courteous attitude with the homeowners and the general public.

18) Reporting to the PR any unusual situations or damage to property while performing the duties of this contract. Incidents of this nature must be reported via telephone or in person to the PR within two hours after the incident occurred. A written incident report must be submitted to the PR within 48 hours of the incident. The PR will determine which entity will pay for the damaged property.

19) Supplying to the PR a written report of all work completed, including amount of pesticide mixed and applied; number of properties treated, and the amount of pesticide applied to each property; number of personnel and hours worked; and notations of any unusual events. This report is to be submitted daily.

20) Completing and submitting PUR at the end of each calendar month for each project to the appropriate County Agricultural Commissioner’s Office. Provide a copy of the PUR to CDFA with the monthly billing.

21) Assisting the PR or DPR in tank sample collection and or equipment inspections. At the end of the contract program, the PR will submit to GCU at CDFA a written evaluation of the Contractor based off the Operating Performance Standards. This report and other documentary evidence will be used in considering a Contractor’s responsibility and performance for future contracts.

22) Posting the required signage for pesticide re-entry period, according to DPR laws and regulations.

23) Ensuring that all activities are performed following CDFA’s management practices and any necessary mitigation measures required are consistent with CDFA’s checklist (attachment A). Complete the checklist prior to conducting spray activities and mark any mitigation measures as required for each specific activity. A checklist for each project will be issued prior to the implementation of the project. Upon completion of the project, the Contractor shall date and sign the checklist and submit it to CDFA with the final billing to signify that CDFA’s management practices and mitigation measures were implemented.

24) Mixing pesticide to apply at locations agreed upon in writing via e-mail or verbal by telephone in advance of the treatment by the PR and the Contractor. CDFA cannot give a specified timeline for pesticide applications because as the treatment progresses, CDFA may need to move locations daily.

J. Treatment Heights/Areas

The height and areas to treat for each property shall be specified by the PR, as needed.

Contractor Responsibility A. Spraying Systems The Contractor shall supply all supporting ground equipment (including pesticide mixing equipment), backpack sprayers, specified pressurized hand sprayers necessary for different tree heights, personnel, fuel, maintenance, and other materials necessary to apply pesticide sprays by ground, in an efficient and professional manner in accordance with all pertinent laws and regulations.

For each project, the Contractor shall make available for use five (5-10) crews, two (2) stand-by crews, and crews as may be required by CDFA. The number of crews needed per project shall be determined by the PR. The PR shall give the Contractor a five (5) day notice via e-mail or telephone of the required number of additional crews needed, if any.

The backpack sprayers used on this project shall be used only on this project and may not be used for other pesticide applications outside of this project.

B. Pesticides The Contractor shall purchase, procure, and safely store all pesticides designated for use on the specified project (unless CDFA provides). The pesticide used for this PHPPS project is GF-120 NF Naturalyte®.

The Contractor is responsible for the inherent quality of the pesticide.

C. Calibration of Equipment To assure proper coverage and uniformity of application, calibration of the equipment shall be conducted prior to the start of the program. Plus or minus five percent (5%) of the desired flow rate will be acceptable. The determination of the PR shall be conclusive. The PR shall retain the right to check all spray equipment for calibration at any time.

D. Communication with Project Staff The Contractor shall provide each treatment crew with a cellular telephone list or other means of communication with the PR and treatment leads.

E. CDFA Furnished Equipment CDFA-furnished equipment shall be returned immediately, the same day upon agreement expiration or completion of the contract, whichever comes first. If equipment is not returned, CDFA will withhold final payment in the amount of the cost of the equipment. Excessive wear and/or damage to equipment, and lost equipment, must be replaced by the Contractor.

Excessive wear will be determined by historical experience of the use of the same equipment.

F. Certification The Contractor shall obtain all certifications, approvals, permits, and/or licenses required by applicable State and local laws and regulations.

1) Immediately upon Notice of Award of a contract, the Contractor shall contact the appropriate offices to identify all State requirements for the necessary certifications.

Insurance and other requirements, including pesticide application certifications that apply, shall be in effect prior to starting operations.

2) The Contractor shall register in each county where engaged in business and shall be responsible for knowing and following all permit conditions.

3) The Contractor shall ensure that all safety rules and procedures are followed.

4) The Contractor shall implement and comply with all existing and new laws and regulations.

G. Personnel The Contractor shall provide the following:

1) The Contractor or the CR shall be present at each treatment location. The CR shall have full authority to make decisions for the Contractor and direct the Contractor’s operations. The CR shall be present at the treatment location for the duration of the treatment and available for consultation at all times as requested by the PR, including non-standard work hours.

2) Each crew shall be staffed with the adequate number of staff to safely conduct the treatment activities, never less than two (2) or more than three (3) crewmembers, all trained on pesticide application. Spray crew staff will have the following roles:

application and host identification.

3) Trained personnel.

H. Additional Treatment Crews If additional treatment crews are required for the project, the number of crews required shall be determined by the PR. The PR shall provide the Contractor five (5) calendar days' notice via email or by telephone of the required number of crews needed. All additional crews shall meet all contract requirements.

Moving or transferring personnel assigned to one project, thereby leaving the project short on personnel, to another project in order to meet the need for additional personnel, is not permitted without permission from the PR.

Each project area must have the required number of crews at all times unless a different arrangement is agreed upon by the PR.

I. Withdrawal or Substitution of Personnel The Contractor shall notify the PR immediately in writing of any withdrawal or substitution of personnel. Substitute personnel must meet all contract requirements.

J. Mixing/Loading Facilities and Equipment The Contractor shall provide at least two (2) employees and the equipment to mix and load all backpack sprayers efficiently. The cost proposal shall include all costs for such equipment and personnel. All mixing and loading operations and equipment shall conform to all laws and regulations pertaining to the category of pesticides used.

1) The Contractor shall mix pesticides at a location specified by the PR.

2) The Contractor shall provide the mixing/loading equipment including:

a. The Contractor is required to obtain a local and dependable water source for mixing and loading that meets the operational needs of the program. This may require additional equipment such as a hydrant meter, loading station or water truck/trailer. All equipment is subject to CDFA testing and tracking requirements. The Contractor is responsible for the cost of the water.

b. Two employees while mixing to reduce the risk of accidents.

K. Pesticide Spills The Contractor shall provide tools and materials required by the manufacturers’ product labeling and as required by federal and state laws to clean-up pesticide spills at the project site.

The Contractor shall be responsible for the clean-up, transportation, and disposal of pesticide spilled during the project and caused by the Contractor. The clean-up, transportation, and disposal of spilled pesticide shall comply with all laws and regulations.

The Contractor shall be liable for all damages and costs incurred as a result of a pesticide spill.

L. Hazardous Waste Disposal The Contractor is responsible for the disposal of all hazardous waste generated as a result of the routine operations under this contract pursuant to all federal, state, and local laws and regulations.

M. Medical and First-Aid Requirements Medical supervision and pesticide safety training of Contractor’s personnel shall be provided by the Contractor as required by the category of the pesticide used. The Contractor shall provide at each site eye wash, water, first aid kit and medical facilities as necessary to supply first-aid service to employees who may be injured in connection with the work. The Contractor is responsible for preventing work injuries and shall inform the PR in writing within two (2) hours of a work injury occurrence.

CDFA Responsibilities

A. Maps and Briefing Information The PR shall provide the Contractor with maps and briefing information of the areas to be sprayed within twenty-four (24) hours of any application.

B. Pesticides CDFA assumes all responsibility and liability for the pesticides selected.

C. Environmental Monitoring The PR shall:

1) Arrange with the Contractor for the testing of all equipment for contaminants prior to the initial use of the equipment.

2) Submit all tank samples for chemical analysis.

3) Inform the Contractor of the tank samples results. Any contaminants detected shall require the Contractor to clean and/or replace the contaminated equipment at the discretion of the PR.

4) Provide environmental monitoring activities as prescribed by the laws and regulations of DPR.

5) Notify the Contractor in writing of any environmental concerns prior to each treatment at all locations in each city.

6) Notify the Contractor in writing of any negative environmental monitoring results when they become available. Mitigations will be implemented immediately.

7) Inform the Contractor in writing of any changes necessary to mitigate any negative impacts on the environment.

8) Inform the Contractor of the meeting location for each day and at least eight (8) hours prior to the reporting time. Notification may be made in writing, either via electronic mail (e-mail) or Short Message Service (text message), verbally by telephone, or in-person.

D. Treatment Activities

The PR shall:

1) Provide training on CDFA’s management practices and mitigation measures at least one (1) week prior to implementation of a treatment project.

2) Provide training to Contractor’s personnel on treatment requirements before treatment activities commence, and as new employees begin work.

3) Determine the work schedule (work hours and days of work). The work schedule may include non-standard work hours or days (including weekends). The work schedule is subject to change on short notice due to inclement weather or special circumstances.

4) Observe all mixing and loading operations.

5) Provide field oversight in each treatment area. A CDFA representative shall be available prior to and during treatment activities to provide general oversight, as needed.

6) Provide on-the-job training for a two-day period upon initiation of the program.

7) Hand deliver notification to property owners of upcoming treatment activities before each scheduled treatment. PR will also provide pesticide fact sheets with the pre-treatment notice.

8) Hand deliver post-treatment notices to property owners following each treatment to inform them of any precautions they must follow.

9) Notify all property owners via personal contact or if not home, with a written notice, upon arrival for treatment activities.

10) Assess each property to identify hazards, areas to avoid, and items that must be covered with a protective tarp prior to each treatment. The Contractor may not begin treatments on any property without approval from the PR.

11) Assure all necessary objects are tarped either by the contractor or CDFA staff prior to pesticide application.

12) Assure that the property is returned to its pretreatment condition upon completion of the treatment. The PR is responsible for posting the required pesticide post-treatment signage.

13) Investigate all homeowner complaints, concerns, and/or property damage. The results of the investigation will be discussed with the Contractor to prevent future incidents of the same nature.

14) Review the quality and quantity of the Contractor’s work performed. This quality control report will state accomplishments and any problems encountered, resolution of problems, and problems to be resolved. Any problems will be discussed between the PR and the Contractor at the end of each day.

15) Direct all public information and media questions and/or events to CDFA’s Public Affairs Office.

16) Pre-approve any deviation from normal operations. These include plans that require interruption in street traffic or the movement and use of special equipment (such as person lifts).

17) Perform written evaluation on the Contractor based on the Operating Performance Standards at the end of the contract program. This report and other documentary evidence will be used in considering a Contractor’s responsibility and performance for future contracts.

E. Addition, Substitution, or Deletion of Pesticides CDFA reserves the right to add to, delete from, or substitute pesticides as the PR deems advisable for the success of the program. In such event, the Contractor may, within ten (10) working days of written notification of such a change, request the program office to establish an equitable price adjustment for such change and for unused pesticides that cannot be returned to the vendor.

The PR shall thereafter make such an equitable price adjustment or deny said request. The decision of the PR shall be conclusive unless the Contractor presents sufficient evidence to the contrary.

If price adjustments are approved, the adjustment shall be retroactive to the time of application rate change.

F. Daily Recordkeeping The PR shall provide and maintain an accurate daily treatment log. The log shall include the amount of pesticide used, mixed, number of properties treated, the amount of pesticide applied to each property, number of personnel and hours worked, and narrative summary to document any unusual events or circumstances.

At the end of each workday, it is mandatory that the Contractor or CR meet with the PR to review the treatment log for that day.

The Contractor or CR and PR, after reviewing the treatment log and agreeing to the same, shall sign the treatment log.

Discrepancies in the number of gallons applied due to faulty equipment will be resolved by using the sight gauge on the tank.

G. Basis for Payment The Contractor shall submit signed, monthly invoices to CDFA. If the invoice carries a signature block, the block must be signed. Invoices with blank signature blocks cannot be processed.

Submit signed, monthly invoices by postal mail or e-mail to:

CDFA contact provided upon award

Payment shall be on the basis of the contract rate for gallons or per team (depending on treatment type) acceptably sprayed under the direction of the PR and the amount of pesticide purchased and used. Payment shall be in accordance with gallons acceptably sprayed as shown on CDFA’s daily treatment logs and/or signed work order.

Payment under the contract shall be made monthly, in arrears, upon receipt of approved itemized invoices with copies of all daily treatment logs and PURs.

H. Tank Samples The need and frequency of pesticide tank samples shall be determined by the PR.

Tank samples may be taken at any time to ensure the pesticide mix has the correct amount of active ingredient and is free of other contaminants.

Pesticide mix that does not contain the correct amount of active ingredient may be grounds for disapproval of invoice payment for that day(s).

The PR shall provide all personnel and equipment necessary to perform sampling of pesticide spray tanks.

I. Emergency Response Plan CDFA, with the assistance of the Contractor, shall develop an emergency response plan prior to any treatment.

Contractor Administration A. Rejection of Spray Equipment CDFA may reject, at any time, spray equipment deemed unsafe or equipment that does not comply with all contract specifications. The Contractor shall repair or replace defective or inoperable equipment the same day and conform to all inspection requirements.

Qualifying tests of the spray equipment may be conducted by CDFA to assure that contract requirements are met.

The PR must approve in writing the inclusion of any equipment that was previously rejected from use on the program.

B. Rejection of Personnel CDFA may reject, at any time, the CR or any applicator found unqualified or incompetent who operates equipment in an unapproved manner or otherwise fails to perform satisfactorily. Should any personnel perform their assignment in a manner that is considered unsafe or incomplete to CDFA, CDFA shall have the right to require their replacement within the time specified by the PR, which may be within twelve (12) hours. Such a determination by the PR shall be final.

The PR shall have the right to remove any equipment operator or applicator when, in their opinion, the conduct or condition in question violates contract provisions and shall have such right when equipment or operation is believed by the PR to be unsafe or otherwise unsatisfactory (i.e., work does not meet pesticide application standards).

The Contractor shall not restore any equipment or personnel to an active status until they have demonstrated to the PR that the equipment or personnel in question can perform and meet contract requirements or pesticide application standards.

The removal of equipment or personnel shall not relieve the Contractor from performing the services under the contract. The removal of equipment or personnel shall not be a basis for imposing any contractual or other liability upon CDFA. Failure to remove equipment or personnel for any reason does not make CDFA negligent or liable.

C. Suspending of Operations The PR shall have authority to suspend spraying operations on all or any part of the project areas at any time when, in the opinion of the PR, conditions are not favorable for carrying on such spraying operations.

D. Respraying Requirements The PR may require the respraying of any area which has not been adequately sprayed. Where such spraying is due to unsatisfactory performance by the Contractor, CDFA shall supply, and may charge the Contractor for, the spray material necessary to respray the specified area and will not pay for the reapplication. The decision of the PR shall be conclusive unless the Contractor presents sufficient evidence to the contrary.

E. Sequence of Spraying The PR shall determine the time and sequence of spraying individual areas based on the pesticide manufacturers labeling requirements and CDFA management practices, and the time to start and stop spraying each day. In addition, if the PR is not in the treatment area and is unaware of deteriorating weather conditions, the Contractor or CR is responsible for voluntarily stopping work to avoid possible liquidated damages.

F. Program Progress – Additional Spray Equipment If the PR determines that the Contractor has not completed spraying forty percent (40%) of the pesticide to be applied within forty percent (40%) of the operational hours allowed, the Contractor will be required to furnish additional crews within two (2) calendar days when notified by the PR.

Crews shall be of the same category as those specified in the statement of work description;

shall meet all contract requirements, including qualified applicators to operate the equipment;

and shall be fully operational within one (1) calendar day after reporting to the treatment location.

No adjustment will be made in the contract price for furnishing such additional crew(s).

G. Liquidated Damages All charges assessed in the following subparagraphs shall be paid to the CDFA as fixed, agreed and liquidated damages, not as a penalty.

1) Should the Contractor delay the program for any reason, a charge or deduction from payment of $1,000 per day for each crew shall be assessed to the Contractor.

2) The rate above will be charged for:

a. Each crew that fails to report on the official reporting date.

b. Each crew that fails to spray on the designated treatment date, provided it is an operational day and for each operational day thereafter, until it begins spraying operations. However, when a crew fails to spray for more than one reason on a day for which liquidated damages are charged, no more than the daily liquidated damage rate for the crew shall be charged for that day.

c. Each additional crew (from paragraph F above) that fails to report within five

(5) calendar days, when requested, and qualify within one (1) day calendar after reporting, such charges shall begin after the sixth day and continue until it is operational.

H. Delays Beyond the Control of the Contractor The Contractor shall not be liable for delays or failures caused by CDFA or reasons beyond the control of the Contractor.

I. Cost of Lost, Jettisoned, Spilled, or Improperly Dispensed Pesticide An estimate of the amount of pesticide that is jettisoned for any reason or improperly applied, will be made by the PR, and the cost thereof may be deducted from any amounts due to the Contractor. A report shall be prepared by the PR identifying the amount of pesticide lost due to negligence (including, but not limited to spillage, overflowing tanks and leakage of tanks) on behalf of the Contractor’s personnel. The cost thereof may be deducted from amounts due the Contractor under this contract.

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…