24-11006-000_IFB_Waste_Removal_and_Recycling_Services.pdf

Department of State Hospitals Atascadero

IFB Number: 24-11006-000 Waste Removal and Recycling Services

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB Number: 24-11006-000

“Waste Removal and Recycling Services”

July 22, 2024

You are invited to review and respond to this Department of State Hospitals – Atascadero (DSH) solicitation. DSH is seeking bids for a contractor to perform Waste Removal and Recycling Services.

In submitting a bid, bidders agree that they have read, understood, and will comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of a bidder’s bid.

By submitting a response, bidders agree to the terms and conditions stated in this solicitation and any resulting agreement.

All agreements entered into with the State of California will include by reference the State’s General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at:

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

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

This bid solicitation is published online at the Cal eProcure web site at:

https://caleprocure.ca.gov/pages/index.aspx To ensure receipt of any addenda that may be issued and answers to questions posed, you must register at https://caleprocure.ca.gov/pages/BidderRegistration-BS3/bidder-registration-1.aspx

Revision 01.24.24 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://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/pages/BidderRegistration-BS3/bidder-registration-1.aspx

IFB Number: 24-11006-000

Table of Contents

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

B. Agreement Term and Security Provisions:

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

B. References:

C. Agreement to Sign D. Contractor License/ Permit Requirements

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

B. Bidder’s Conference:

C. Bidder’s Questions:

D. Submission of Bids:

IV. BID EVALUATION AND AWARD

A. Review of Bid Requirements:

B. Responsiveness and Responsibility Determination:

C. False Statements Disclaimer:

D. Intention to Award:

E. Tie Breaker:

F. Award and Protest:

G. Disposition of Bids:

H. Tax Delinquency Disclaimer:

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

B. Disabled Veteran Business Enterprise Program and Incentive:

C. Calculation of Multiple Preferences:

D. Other Preference Programs:

E. Additional Small Business and Disabled Veteran Enterprise Information:

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

ATTACHMENT 1 – BID SUBMISSION CHECKLIST

ATTACHMENT 2 – BIDDER’S CERTIFICATION

ATTACHMENT 3 – MINIMUM QUALIFICATION RESPONSE

ATTACHMENT 4 – BIDDER’S REFERENCES

ATTACHMENT 5 – BIDDER’S RATE SHEET

ATTACHMENT 6 – INSURANCE CERTIFICATION

ATTACHMENT 7 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 8 – BIDDER DECLARATION FORM (GSPD-05-105)

ATTACHMENT 9 – CONTRACTOR CERTIFICATION CLAUSES (ccc 04/2017)

ATTACHMENT 10 – PAYEE DATA RECORD (STD. 204)

ATTACHMENT 11 – DVBE DECLARATION FORM (STD. 843)

ATTACHMENT 12 – CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION

ATTACHMENT 13 – IRAN CONTRACTING ACT CERTIFICATION

ATTACHMENT 14 – SAMPLE AGREEMENT (STD. 213 AND EXHIBITS)

IFB Number: 24-11006-000

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

1. Contractor shall provide all necessary materials, supplies, tools, equipment, transportation, licenses, permits, insurance, and personnel to provide DSH with Waste Removal and Recycling Services.

2. Please carefully review and consider the minimum qualifications, and the detailed

Scope of Work located in Attachment 14, Sample Agreement, Exhibit A, Scope of Work, in order to complete your bid.

3. It is the intent of the DSH-Atascadero to divert food waste and green waste materials from landfill disposal as required by AB 1826 (Chapter 727, Statutes of 2014), and to assist the State of California in achieving the 75% solid waste reduction goals per AB 341 (Chapter 476, Statutes of 2011), state agency waste reduction goals per AB 75 (Chapter 764, Statutes of 1999), the greenhouse gas reduction goals of California’s Global Warming Solutions Act of 2006 (AB 32, Chapter 488, Statutes of 2006) and the Governor’s Executive Order B-18-12 for State Agencies.

4. Recycling services, as defined for the purposes of this agreement, shall include pick-up and delivery by the Contractor of food waste and green waste materials to authorized diversion facilities that process the materials into acceptable end uses, as defined in this agreement, in a manner consistent with all applicable laws and regulations.

5. Food waste and green waste materials, as defined for the purposes of this agreement, shall include, but not be limited to, food and food residuals, coffee grounds and filters, meat and bones, food-soiled paper, wax-coated cardboard, milk and juice containers, egg crates, sawdust, grass, leaves and trimmings. Inedible kitchen grease and grease from sewer traps is not included in this contract.

6. Acceptable end uses for the materials, as defined for the purpose of this agreement, include:

i. Processing into animal feed

ii. Composting into valuable soil amendments,

iii. Production of biofuels/bioenergy through anaerobic digestion, or

iv. Rendering into byproducts or bioenergy.

7. Disposal of food waste and green waste materials at a landfill and/or transformation facility may be cause for termination of the agreement.

B. Agreement Term and Security Provisions:

1. The term of any agreement resulting from this IFB is anticipated to be November 1, 2024, through October 31, 2027. Any agreement resulting from this IFB shall have no force or effect until it is signed by both parties and approved by the Department of

IFB Number: 24-11006-000

General Services (DGS) if such approval is required. Performance shall start no later than on the expressed date set by the awarding agency and after all approvals have been obtained and the agreement is fully executed.

2. All performance, under the agreement, shall be completed on or before the termination date of the agreement.

3. Should Contractor fail to commence work at the agreed upon time, DSH reserves the right to terminate the agreement upon five (5) calendar days written notice to Contractor.

4. Bidder shall agree to all security provisions where the performance of work takes place on any state hospital grounds.

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

Bidders must submit proof of their legal right to do business in the State of California:

1. Bidders must submit a copy of their license to do business in the State of California, including any proof of “Doing Business As (DBA)” documentation, as applicable.

2. Bidders must certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

3. Bidders which are corporations, regardless of where they are incorporated, shall certify they are currently in good standing with the California Secretary of State (SOS).

DSH shall verify that the proposed awardee(s) is in good standing by checking the (SOS) website: https://bizfileonline.sos.ca.gov/search/business

B. References:

Bidder must submit applicable references:

1. Bidder must provide a list of three (3) references from customers for whom the bidder has provided services of the same nature and type as those outlined in this solicitation. References submitted must be for services provided in the past three (3) years (from the date of this solicitation). If bidder has provided these services to a government entity during the timeframe above, they must be used as a reference.

Furthermore, if the bidder has provided services to DSH during this timeframe, one of the references must be from a DSH Contract Manager, or designee. Each reference must be able to address each of the following:

i. The bidder’s responsiveness to requests for service

ii. The bidder’s ability to provide the contracted services

iii. The customer’s overall assessment of the bidder’s performance https://bizfileonline.sos.ca.gov/search/business

IFB Number: 24-11006-000

The list of references shall include the following:

i. Name of Company

ii. Address

iii. Contact Name and Title

iv. Telephone

v. Email Address

DSH reserves the right to utilize these references in determining whether a bidder is responsible.

C. Agreement to Sign:

1. The bidder shall certify that, if awarded an agreement, they shall sign and return one

(1) original of the Standard Agreement signature pages (Std. 213), to be received by DSH no later than seven (7) calendar days from the date that DSH e-mails the agreement to the email address provided by bidder on the Minimum Qualifications Response Form (Attachment 3). This requirement shall be ten (10) calendar days if DSH elects to mail the agreement. DSH reserves the right, at its sole discretion, to require documentation to be submitted in addition to the Std. 213. If DSH exercises that right, Contractor must submit all required documentation within the timeframes noted here.

2. The bidder shall further certify that they understand the insurance requirements in

Attachment 14, Sample Agreement, Exhibit G, Insurance Requirements, and if awarded an agreement, shall provide DSH with all required insurance documents as may be applicable, in a timely manner.

3. DSH reserves the right, at its sole discretion, to cancel a proposed award to a bidder who does not submit the required documentation described herein. Should DSH cancel a proposed award for this reason, DSH reserves the right, at its sole discretion, to award the contract to the next lowest, responsive and responsible bidder.

D. Contractor License/Permit Requirements:

1. Bidders must possess and maintain throughout the term of this agreement a current California Department of Motor Vehicles Motor Carrier Permit if any vehicle used to haul waste or other Contractor-owned items in performance of this agreement has a Gross Vehicle Weight Rating (GVWR) of 10,001 pounds or more.

2. If food wastes are used to feed swine, the Contractor shall provide the State with a copy of the permit issued from California Department of Food and Agriculture (CDFA), Division of Animal Industry, Animal Health Branch in order for DSH to verify that the Contractor had the equipment and capability to process the material as swine feed.

3. If food waste and green waste materials are taken to a composting facility or anaerobic digestion facility, the Contractor shall provide the State with the Solid Waste Information System (SWIS) number of the current Standardized Facility Permit used

IFB Number: 24-11006-000 by the California Department of Resources Recycling and Recovery (CalRecycle) to verify the facility is permitted to accept the proposed material types.

4. If meat and bones are taken to a rendering facility, the Contractor shall provide DSH with a copy of the license issued by the CDFA to operate as a Rendering Facility.

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

Event Date Time

IFB available to prospective bidders July 22, 2024 2:00 PM

Due Date to Submit Request to Attend Conference

July 31, 2024 2:00 PM

Bidder’s Conference August 7, 2024 10:00 AM

Deadline for Submission of Questions August 9, 2024 2:00 PM

DSH Response to Questions August 14, 2024 2:00 PM

Final Date for Bid Submission August 21, 2024 2:00 PM

Public Bid Opening August 23, 2024 2:00 PM

Notice of Intent to Award Posted August 27, 2024 N/A

Anticipated Start Date November 1, 2024 N/A

Note: Unless otherwise indicated, all times noted in this solicitation are Pacific Time.

B. Bidder’s Conference:

1. A Bidder’s Conference is scheduled for 10:00 a.m. on August 7, 2024 at the following address: 10333 El Camino Real, Atascadero, CA 93422. All bidders will sign-in and meet in the Main Hospital Lobby. The conference will be for the purpose(s) of providing bidders an opportunity to examine the work site, specifications found in this bid, and any plans (if provided) before bidding in order to have full knowledge of the area(s) and/or specific equipment affecting the work that may not be specifically described herein, to observe the process when entering our secured facility, and to discuss any concerns regarding this IFB. Bidder shall investigate site of work, conditions, character, quality and quantity of surface, and subsurface materials or obstacles to be encountered, as well as any measurements required for accurate bidding. Confirmation of planned attendance at the onsite inspection is required. Late arrivals will not be admitted. Please bring a copy of the Invitation for Bid to the site inspection for reference.

2. This conference is OPTIONAL. Bidders will not be penalized for not attending the conference. Bidders who wish to attend the conference must notify Maryam Pinto via e-mail at ASH.PLOPSprocurement@dsh.ca.gov or via fax at (805) 468-3451 by 2:00 p.m. on July 31, 2024. This notification must include the first and last name of the proposed attendee, as well as California driver’s license number, date of birth, and emergency contact information (full name and phone number).

mailto:ASH.PLOPSprocurement@dsh.ca.gov

IFB Number: 24-11006-000

3. For interested bidders who need assistance due to a physical impairment, a reasonable accommodation will be provided by the DSH, upon request. Bidders must request the accommodation when requesting to attend the conference as described above.

4. In the event a potential prime contractor is unable to attend the conference, authorized representatives may NOT attend on his or her behalf, unless otherwise directed by the hospital at the time of registration.

5. At the time of the conference, bidders and/or their representatives will be required to bring their driver’s license or other state-issued identification card to be admitted onto hospital grounds. Bidders and/or their representatives will not be admitted onto hospital grounds unless professionally and appropriately dressed in clothing distinct from that worn by patients at the hospital. Bidders are hereby provided notice that the following restrictions will be enforced at the hospital. Failure to abide by any of the restrictions below may result in being barred from the conference:

• Bidders will be required to adhere to all current DSH COVID-19 and flu protocols.

• Tan and khaki clothing will prevent entry into patient areas of the hospital. No ties, scarves, or any items worn around the neck.

• Electronic and communication devices such as pagers, cell phones, cameras/micro-cameras, and/or sound recording devices are not permitted in patient care areas and must be left out of sight in the bidder’s and/or their representative’s secured vehicle. Contractor shall not take pictures or video with a camera or phone anywhere on DSH grounds without the consent or presence of the Contract Manager or Bidder’s Conference designee.

6. The representative may only sign-in to represent one (1) company. Subcontractors may not represent a potential prime contractor at a conference. Furthermore, no more than two (2) attendees will be allowed from each company.

7. The conference will start promptly at 10:00 a.m. on August 7, 2024 and late parties will not be allowed entrance to the conference. It is the bidder’s responsibility to be on time. It will take approximately 15 minutes to go through security. Please plan accordingly.

C. Bidder’s Questions:

1. Bidders shall notify DSH immediately via e-mail at

ASH.PLOPSprocurement@dsh.ca.gov if they need clarification about the services being sought or have questions about the IFB instructions or requirements. The level of detail that shall be provided in response is subject to the availability of DSH resources. DSH shall respond to all questions via an addendum to the solicitation with all questions and answers posted on Cal e-Procure

IFB Number: 24-11006-000

(www.caleprocure.ca.gov). Note: It is the responsibility of the bidder to check Cal eProcure for questions and/or changes within the IFB as all questions, answers, and addendums will be posted there. DSH will not be held responsible for inaccurate bids due to bidder’s oversight in reviewing any and all information via Cal eProcure. This official bid solicitation is only published online at the California E-Procure, FI$Cal web site at:

https://caleprocure.ca.gov/pages/index.aspx.

2. Verbal comments regarding this IFB are unofficial and are not binding on DSH unless later confirmed in writing as an official addendum.

3. Bidders that fail to report a known or suspected problem with the IFB or fail to seek clarification and/or correction of the IFB, submit a bid at their own risk.

D. Submission of Bids:

1. Physical Submission:

i. All bids must be submitted under a sealed cover and received by DSH by the date and time shown in Section VI, A – Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, and must be marked “DO NOT OPEN,” as shown in the following example:

IFB # 24-11006-000

ATTN: Maryam Pinto - Plant Operations

Department of State Hospitals – Atascadero P.O. Box 7006

Atascadero, CA, 93423-7006

DO NOT OPEN

ii. All bids submitted under a sealed cover must clearly and legibly show the bidder’s name and address.

iii. Bids not submitted under a sealed cover shall be rejected. A minimum of one (1) original and two (2) copies of the bid must be submitted, and clearly marked.

iv. The bid package should be prepared in the least complicated method. Originals and copies should be bound with binder-clips or staples (no covers, no spiral bindings, etc.). All pages in the bid must be standard 8.5" x 11" paper, except charts, diagrams, etc., which may be foldouts. If foldouts are used, the folded size must fit within the 8.5" x 11" format. Double-sided printing is preferred except for required attachments numbers 1 through 13 of this IFB, which must be printed single-sided. It is the bidder’s responsibility to ensure that his or her bid is submitted in a manner that enables DSH to easily locate all response descriptions and exhibits for each requirement of this IFB. Note: Attachment 14 should not be returned with the bid.

http://www.caleprocure.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx

IFB Number: 24-11006-000

v. Mail Delivery, Hand Delivery, or Overnight Delivery of bids should be addressed as in Item 1.i. above.

2. Signature Requirements:

i. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

ii. An individual who is authorized to bind the bidder contractually shall sign the

Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

3. General Contents:

i. All bids shall include all of the documents identified in Section XXIII, Required Attachments, Attachment 1 – Bid Submission Checklist.

ii. All bids shall include any required documents as shown in Attachment 3 – Minimum Qualification Response.

iii. Bids should provide straightforward and concise descriptions of the bidder's ability to satisfy the requirements of this IFB. The bid must be complete and accurate. Omissions, inaccuracies or misstatements will be sufficient cause for rejection of a bid.

iv. Bids must be submitted for the performance of all the services described herein.

Any deviation from the work specifications will not be considered and shall cause a bid to be rejected.

v. A bid shall be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. DSH may reject any or all bids and may waive an immaterial deviation in a bid. DSH’s waiver of an immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

vi. Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

vii. Where applicable, bidders must carefully examine work sites and specifications.

Bidders 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.

4. General Considerations:

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

IFB Number: 24-11006-000

ii. Costs for developing bids in anticipation of award of the agreement are entirely the responsibilities of the bidder and shall not be charged to the State of California.

5. Withdrawing and Resubmitting:

i. A bidder may modify a bid, after its submission, by withdrawing their original bid package and resubmitting a new bid package prior to the bid submission deadline. Bidders modifications offered in any other manner, oral or written, will not be considered. If a bidder submits a second bid package without withdrawing the first as described herein, both packages shall be considered non-responsive.

ii. A bidder may withdraw their bid by submitting a written withdrawal request to

DSH – Contracts Office, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid package prior to the bid submission deadline.

Bids may not be withdrawn without cause, subsequent to the bid submission deadline. DSH Contracts Office is located at:

Department of State Hospitals – Atascadero ATTN: Plant Operations - Contracts Department

P.O. Box 7006 Atascadero, CA, 93423-7006

6. Modification and Rejections:

i. DSH may modify the IFB, prior to the solicitation due date and time, by the issuance of an addendum to all parties who received a solicitation package.

ii. DSH reserves the right to reject all bids. DSH is not required to award an agreement.

iii. DSH does not accept alternate contract language from a prospective contractor, unless offered through the Question and Answer period. A bid with alternate contract language will be considered a counter proposal and will be rejected.

DSH’s terms and conditions are not negotiable. Bidders are hereby advised that proposals of alternate contract language or attempts to negotiate DSH’s Terms and Conditions after the selection of a proposed awardee shall be considered a counter proposal for the purposes of this solicitation. In such a situation, DSH shall notify the proposed awardee that they must accept DSH’s language and terms as offered or be disqualified from being awarded a contract. Should a contractor fail to accept the language and terms offered, DSH shall disqualify that vendor and award the contract to the next lowest bidder after issuing a revised Notice of Intent to Award, if applicable.

IV. BID EVALUATION AND AWARD

A. Review of Bid Requirements:

IFB Number: 24-11006-000

1. At the time of the bid opening, each bid will be opened, read aloud, and checked for preference and incentive requests.

B. Responsiveness and Responsibility Determination:

1. After the bid opening, DSH will evaluate each bid to determine its responsiveness and each bidder’s responsibility to the published requirements of this IFB.

2. A responsive bidder is one who submits a bid that meets all of the submission requirements and minimum qualification requirements stated in the IFB. A responsible bidder is one that is trustworthy and possesses the necessary quality, fitness and capacity to satisfactorily perform the proposed work. Bidders who are determined to not be responsible or who submit non-responsive bids shall have their bids rejected.

3. Responsive bids shall be considered evidence of the proposer’s responsibility. DSH reserves the right to reevaluate a bidder’s responsibility prior to award and is in no way limited to submitted bid packages in making a determination as to a bidder’s responsibility. In determining whether a bidder is responsible, DSH may require bidders to submit further evidence of their qualifications at such times, and under such conditions, as it may require.

C. False Statements Disclaimer:

1. 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.

D. Intention to Award:

1. DSH intends, if an award is made, to award to the lowest responsive and responsible bidder in accordance with Section XVIII, Preference and Incentive Programs.

E. Tie Breaker:

1. Should two or more bidders submit bids that, after the calculation of preferences as described in Section XVIII, Preference and Incentive Programs, result in a tie, DSH shall resolve the tie as follows:

i. In accordance with Government Code section 14838, subdivision (g), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

ii. In accordance with the California Code of Regulations, title 2, section 1896.6, if, after the application of the small business preference, the bid of the small business is equal to the lowest priced bid from a responsible non-small business, the agreement shall be awarded to the small business.

IFB Number: 24-11006-000

iii. In all other circumstances a coin toss witnessed by two DSH admin staff shall determine the proposed awardee.

F. 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 telegram, electronic facsimile transmission, overnight courier, electronic mail, or personal delivery five (5) working days prior to the award of the agreement.

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

3. If any bidder, prior to the award of agreement, files a written protest with the DGS and

DSH, including the grounds that the (protesting) bidder is the lowest responsive and responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter.

4. Within five (5) calendar days after filing the initial protest, the protesting bidder shall file with the DGS and DSH a detailed written statement specifying the grounds for the protest.

5. Submissions shall be made to:

Department of General Services Office of Legal Services

Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605 OLSProtests@dgs.ca.gov

AND

ATTN: Procurement Contract Services Section

707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA, 95605

Fax: 805-468-3261 Email: HospitalContracts@dsh.ca.gov

6. Protests may be sent by regular mail, facsimile, courier or personal delivery though it is suggested that submissions are made by certified or registered mail. Protestants should include their fax numbers, where applicable.

G. Disposition of Bids:

mailto:OLSProtests@dgs.ca.gov mailto:HospitalContracts@dsh.ca.gov

IFB Number: 24-11006-000

1. 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 7920,000, et seq.) and subject to review by the public. Should a bidder desire to keep any or all components of their response to this IFB confidential, the bidder would need to obtain a protective order from a court of competent jurisdiction.

H. Tax Delinquency Disclaimer:

1. Pursuant to the Public Contract Code section 10295.4, persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA) are ineligible to enter into any agreement with the state. Any agreement entered into in violation of section

10295.4 is void and unenforceable.

Prior to executing any state agreement or renewal for goods or services, DSH shall verify that the proposed awardee(s) is not on a prohibited list by checking both the FTB and CDTFA websites. The established lists can be found at:

i. FTB: https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

ii. CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

1. In accordance with Government Code section 14838, et seq. and California Code of

Regulations, title 2, section 1896.6, et seq., a five (5) percent preference will be granted to bidders properly certified as a California Small Business (SB), Microbusiness (MB), or Non-Small Business (NSB) with a Small Business subcontracting for a minimum of 25% of the bid amount. A five (5) percent preference will be granted to bidders certified as a Non-Profit Veteran Service Agency in accordance with the Military and Veterans Code sections 999.50 and 999.51.

Applications must be on file at the Office of Small Business and Disabled Veteran

Business Enterprise Services (OSDS) by 5:00 p.m. on bid opening day. SB, MB, or

NSB certification will be verified by DSH. The preference adjustment for awards based on low price cannot exceed $50,000.00.

2. Small Business Preference Example (Single Award):

Bidder A Bidder B Bidder C

Bidder Status NSB NSB w/ 25% SB

Preference Applicable? X X

Original Bid Amount $100,000 $105,000 $102,500 https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

IFB Number: 24-11006-000

Apparent Low Bid X

Pref. Amount (5% of Low Bidder) $0 $5,000 $5,000

Revised Bid $100,000 $100,000 $97,500

Revised Lowest Bidder X

3. Explanation of Example:

The lowest bidder at the time of bid opening is Bidder A, which is a NSB not claiming a SB subcontracting preference. Since both Bidder B and Bidder C claim a SB Preference, five (5) percent of Bidder A’s bid is subtracted from those of Bidder B and C. In the example above, five (5) percent of $100,000 is $5,000. After applying these preferences, Bidder C’s revised bid ($97,500) is less than the other bids, making them the revised apparent low bidder.

Note: Since the preferences are used only for computation purposes to determine the successful bidder, if an agreement was awarded to Bidder C, it would be at the original $102,500 amount.

B. Disabled Veteran Business Enterprise Program and Incentive:

1. DSH hereby waives the mandatory Disabled Veteran Business Enterprise (DVBE) participation requirement for this IFB.

2. An incentive for bidders who include DVBE participation is available and encouraged for this IFB. For evaluation purposes only, DSH shall apply an incentive to bids that include California certified DVBE participation. The incentive amount will vary in conjunction with the percentage of DVBE participation in accordance with the following formula:

DVBE Incentive Participation DVBE Incentive

5% or Over 5%

4% to 4.99% Inclusive 4%

3% to 3.99% Inclusive 3%

2% to 2.99% Inclusive 2%

1% to 1.99% Inclusive 1%

3. The net bid price of responsive bids with DVBE participation 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 and responsible bid is a California certified small business, the only bidders eligible for the incentive will be other California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $50,000.00, whichever is less, of the #1 ranked net bid price. When used in combination with a Small Business preference adjustment, the cumulative adjustment amount cannot exceed $100,000.00.

4. Information submitted by the bidder to claim the DVBE incentive will be verified by

DSH. Only the DVBEs who shall perform a commercially useful function relevant to

IFB Number: 24-11006-000 the Scope of Work included in this IFB may be used to qualify the bidder for a DVBE incentive. All DVBE bidders and their proposed subcontractors must submit a copy of the DVBE Declarations Form (Std. 843). See Attachment 11.

5. Disabled Veteran Business Enterprise Incentive Example (Single Award):

Bidder A Bidder B Bidder C

Bidder Status NSB NSB w/ 3% DVBE

Incentive Applicable? X X

Original Bid Amount $100,000 $105,000 $102,500

Apparent Low Bid X

Incentive Qualified 3% 5%

Incent. Amount (% of Low Bidder) $0 $3,000 $5,000

Revised Bid $100,000 $102,000 $97,500

6. Explanation of Example:

The lowest bidder at the time of bid opening is Bidder A, which is a NSB not claiming a DVBE subcontracting incentive. Bidder B claims (and qualifies for) a DVBE incentive of three (3) percent. Bidder C is a DVBE, which qualifies them for a five (5) percent incentive. To apply the incentive, three (3) percent of Bidder A’s bid is subtracted from Bidder B’s bid, resulting in a revised bid of $102,000. Five (5) percent of Bidder A’s bid is subtracted from Bidder C’s bid, resulting in a revised bid of $97,500. After applying the incentives, Bidder C’s revised bid ($97,500) is less than the other bids, making them the revised apparent low bidder.

Note: Since the preferences are used only for computation purposes to determine the successful bidder, if an agreement was awarded to Bidder C, it would be at the original $102,500 amount.

C. Calculation of Multiple Preferences:

1. In the event that bidders qualify for the SB preference and/or the DVBE incentive, the

SB preference shall be calculated first. In circumstances where DSH will award a single agreement as a result of this solicitation, in accordance with Government Code section 14838, subdivision (g), the DVBE incentive will not be calculated if, after the application of the SB preference, an SB bidder is the apparent low bidder unless another SB bidder is also a DVBE or has subcontracted with DVBE firms.

Note: In accordance with Government Code section 14838, subdivision (g), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

2. Example of the Calculation of Multiple Preferences:

IFB Number: 24-11006-000

Bidder A Bidder B Bidder C Bidder D

Bidder Status NSB NSB w/ 25% DVBE SB

SB Pref. Applicable? X X

Original Bid Amount $100,000 $105,500 $103,000 $106,000

Apparent Low Bid X

SB Pref. Amt. (5% of Low Bid) $0 $5,000 $0 $5,000

Revised Bid $100,000 $100,500 $103,000 $101,000

Revised Lowest Bidder X

DVBE Incentive Applicable? X

Incentive Qualified 5%

Incent. Amt. (% of Low Bid) $0 $0 $5,000 $0

Revised Bid $100,000 $100,500 $98,000 $101,000

D. Other Preference Programs:

1. Additional preference programs exist and may be applicable. Specifically, the Target

Area Contract Preference Act (TACPA). For information regarding these programs please see the following website: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract- Preference?search=TACPA

E. Additional Small Business and Disabled Veteran Enterprise Information:

1. Adherence to the DVBE Requirements:

i. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid may be cause for agreement termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in Military & Veterans Code section 999.9; Public Contract Code section

10115.10. Contractor must immediately notify DSH’s SB/DVBE Advocate that the substitution of a DVBE subcontractor is requested.

ii. Failure of Contractor to adhere to the certification requirements of Military and Veterans Code section 999.5, subdivision (d) may be used as evidence of the bidder’s non-responsibility in future solicitations.

2. Commercially Useful Function (CUF) Disclaimer

Each certified SB/MB or DVBE must perform a commercially useful function. Bidders who are found to not be performing a CUF will have their bids deemed non-responsive. A SB/MB or DVBE is deemed to perform a CUF when the business does all the following:

i. Is responsible for the execution of a distinct element of the work of the agreement.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA

IFB Number: 24-11006-000

ii. Carries out its obligation by actually performing, managing, or supervising the work involved.

iii. Performs work that is normal for its business services and functions.

iv. Is responsible, with respect to products, inventories, materials, and supplies required for the agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

v. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Agreements resulting from this solicitation shall afterwards be monitored for compliance with CUF for the duration of the agreement.

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

1. Refer to the following list for additional attachments that are a required part of this solicitation.

Attachment 1 Bid Submission Checklist Attachment 2 Bidder’s Certification Attachment 3 Minimum Qualifications Response Attachment 4 Bidder’s References Attachment 5 Bidder’s Rate Sheet(s) Attachment 6 Insurance Certifications Attachment 7 Darfur Contracting Act Certification (Only if applicable) Attachment 8 Bidder Declaration Form (GSPD-05-105) Attachment 9 Contractor Certification Clauses (CCC 04/2017) Attachment 10 Payee Data Record (Std. 204) Attachment 11 DVBE Declarations Form (Std. 843) Attachment 12 California Civil Rights Law Certification Attachment 13 Iran Contracting Act Certification Form Attachment 14 Sample Standard Agreement (Std. 213 and Exhibits)

Note: Attachment 14 is included for reference only. Only the successful bidder will submit these documents, when requested by DSH.

IFB Number: 24-11006-000

ATTACHMENT 1 – BID SUBMISSION CHECKLIST

Complete this checklist to confirm the items in your bid. For your bid to be considered responsive, Attachments 1 through 13 in this checklist must be submitted by the Bid Submittal Deadline indicated in this IFB. Include this checklist with your bid package.

Contractor Name:

Attachment Name of Attachment

______ Attachment 1 Bid Submission Checklist

______ Attachment 2 Bidder’s Certification

______ Attachment 3 Minimum Qualifications Response

______ Attachment 4 Bidder’s References

______ Attachment 5 Bidder’s Rate Sheet(s)

______ Attachment 6 Insurance Certifications

______ Attachment 7 Darfur Contracting Act Certification https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

______ Attachment 8 Bidder Declaration Form (GSPD 05-105) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

______ Attachment 9 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

______ Attachment 10 Payee Data Record (Std. 204) https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf

Attachment 11 DVBE Declarations Form (Std. 843) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

Attachment 12 California Civil Right Certification OLS004.pdf (ca.gov)

Attachment 13 Iran Contracting Certification https://www.dgs.ca.gov/- /media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verificati on_Form.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf

IFB Number: 24-11006-000

ATTACHMENT 2 – BIDDER’S CERTIFICATION

The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

By signing below, the bidder represents and warrants that statements and representations contained in the documents and data submitted in connection with this bid are true and correct. In the event the bidder’s submittal in connection with this bid contains false statements or misrepresentations of fact, the bid may be rejected, or any succeeding contract terminated for cause and the bidder deemed to be a non-responsible bidder which may adversely affect future bids submitted by the bidder. In addition, any misrepresentation of fact or fraud in connection with an attempt to secure a state contract, could result in legal action being taken against the bidder.

An Unsigned Bidder’s Certification May Be Cause for Rejection

Company Name Telephone Number Fax Number

Address Email

Name Title

Original Signature Date

Small Business Preference Request

Check one:

This bidder requests a Small Business preference

This bidder does NOT request a Small

Business preference

California Certified Small Business Number:

IFB Number: 24-11006-000

ATTACHMENT 3 – MINIMUM QUALIFICATION RESPONSE

Bidder’s Name: ___________________________________Email: __________________________

Minimum Qualification Bidder's Response

Bidder must submit a copy of their license to do business in the State of California including any proof of “Doing Business As (DBA)” documentation, as applicable.

Business License(s) Included?

Yes No N/A

Bidders must certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

Do you so certify?

Yes No

Bidders which are corporations, regardless of where they are incorporated, shall certify they are currently in good standing with the California Secretary of State (SOS). DSH shall verify that the proposed awardee(s) is in good standing by checking the (SOS) website:

If a bidder is using any name other than his or her own, a Fictitious Name Permit (FNP) must be on file with the California Department of Consumer Affairs.

Fictitious Name Permit included?

Bidder must provide three (3) references from customers as described in II.

Minimum Qualifications (MQ), Section B., References.

References included?

The bidder certifies that they understand the insurance requirements and, if awarded an agreement, shall sign and return two (2) originals of the Standard Agreement signature pages (Std. 213) and any required insurance documents as directed.

Bidders must provide a copy of California Department of Motor Vehicles Motor Carrier Permit if any vehicle used to haul waste is (GVWR) of 10,001 pounds or more.

Bidders must provide a copy of the permit issued from CDFA, if the Contractor has the equipment and capability to process organic material as swine feed.

Bidder must provide the SWIS number of the current Standardized Facility Permit used by (CalRecycle) if food waste and green waste materials are taken to a composting facility or anaerobic digestion facility.

SWIS Number Included?

If meat and bones are taken to a rendering facility, the Contractor shall provide DSH with a copy of the license issued by the CDFA to operate as a Rendering Facility.

Copy of License Included

IFB Number: 24-11006-000

I, the undersigned, declare that the certifications required above are true and that I am authorized to make such certifications and bind the bidder contractually.

Signature of Declarer Print First and Last Name Date Signed

IFB Number: 24-11006-000

ATTACHMENT 4 – BIDDER’S REFERENCES

Bidder must provide a list of three (3) references from customers for whom the bidder has provided services of the same nature and type as those outlined in this solicitation. References submitted must be for services provided in the past three (3) years (from the date of this solicitation). If bidder has provided these services to a government entity during the timeframe above, they must be used as a reference. Furthermore, if the bidder has provided services to DSH during this timeframe, one of the references must be from a DSH Contract Manager, or designee. Each reference must be able to address each of the following:

i. The bidder’s responsiveness to requests for service

ii. The bidder’s ability to provide the contracted services

iii. The customer’s overall assessment of the bidder’s performance

The list of references shall include the following:

vi. Name of Company

vii. Address

viii. Contact Name and Title

ix. Telephone

x. Email Address

DSH reserves the right to utilize these references in determining whether a bidder is responsible.

References

Name of Company

Address

Contact Name and Title

Telephone

Email Address

IFB Number: 24-11006-000

ATTACHMENT 5 – BIDDER’S RATE SHEET

Important Considerations:

The undersigned hereby proposes to furnish all labor, materials, supplies, tools, equipment, transportation, licenses, permits, prevailing wages, insurance, personnel, and any other services necessary to:

1. Perform Waste Removal and Recycling Services at DSH-Atascadero per Exhibit A, Scope of Work.

2. The bidder shall set forth the bid rates in clear, legible figures in the space provided.

3. By submitting a bid, the bidder agrees that his or her final bid constitutes an irrevocable offer which shall be valid for 180 calendar days from the bid submission date.

4. DSH does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by DSH. The estimates listed below are a good faith estimate and are not a guarantee of business and is subject to change depending on fluctuation in patient population.

The amounts indicated below will be used solely for comparison of bids. DSH makes no guarantee, expressed or implied for actual number of hours to be used. However, the actual rates quoted by the bidder shall be binding for the term of the agreement.

Rate Structure:

PART A: FOR SERVICES PROVIDED BETWEEN NOVEMBER 1, 2024 – JUNE 30, 2025:

Service Type Amount Container Size Service Schedule

Cost per Listed

Service

# of

Services Total

Food Waste up to 8-yard lidded watertight vessel bin weekly (M-W-F)

X

156 = $

Waste

Compactor (34-yard capacity) weekly (M-W-F, S)

208 = $

2 20-yard roll off bi-weekly (Every 2 weeks)

$ X 26 = $

3 40-yard roll off $ X 26

15 4-yard front load bins once weekly $ X 52 = $

1 1/2-yard pick-up bins w/ lids and solid tires (38” wide by 75” long and no taller than 50” including wheels.)

Hospital Use (monthly)

Recycling

(34-yard capacity) once weekly

52 = $

2 30-yard roll off bi-weekly (Every 2 weeks)

$ X 26

Incidentals:

IFB Number: 24-11006-000

Recycling/ Green Waste

1 20-yard roll off as needed $ X 1 = $

1 40-yard roll off as needed $ X 1 = $

Waste

1 20-yard roll off as needed $ X 1 = $

1 40-yard roll off as needed $ X 1 = $

Emergency Services $10,000

Subtotal Year 1

PART B: FOR SERVICES PROVIDED BETWEEN JULY 1, 2025 – JUNE 30, 2026:

Cost per

Food Waste bi-weekly (Every 2 weeks)

$ X 26 = $

3 40-yard roll off $ X 26

15 4-yard front load bins once weekly $ X 52 = $

1 1/2-yard pick-up bins w/ lids and solid tires (38” wide by 75” long and no taller than 50” including wheels.)

bi-weekly (Every 2 weeks)

$ X 26

1 20-yard roll off as needed $ X 1 = $

1 40-yard roll off as needed $ X 1 = $

Waste

1 20-yard roll off as needed $ X 1 = $

1 40-yard roll off as needed $ X 1 = $

Emergency Services $15,000

Subtotal Year 2

PART C: FOR SERVICES PROVIDED BETWEEN JULY 1, 2026 – JUNE 30, 2027:

Cost per

Food Waste

Waste 1 Compactor weekly (M-W-F, S) = $

IFB Number: 24-11006-000

(34-yard capacity) $ X 208 bi-weekly (Every 2 weeks)

$ X 26 = $

3 40-yard roll off $ X 26

15 4-yard front load bins once weekly $ X 52 = $

1 1/2-yard pick-up bins w/ lids and solid tires (38” wide by 75” long and no taller than 50” including wheels.)

bi-weekly (Every 2 weeks)

$ X 26

1 20-yard roll off as needed $ X 1 = $

1 40-yard roll off as needed $ X 1 = $

Waste

1 20-yard roll off as needed $ X 1 = $

1 40-yard roll off as needed $ X 1 = $

Emergency Services $15,000

Subtotal Year 3

PART D: FOR SERVICES PROVIDED BETWEEN JULY 1, 2027 – OCTOBER 31, 2027:

Cost per

Food Waste bi-weekly (Every 2 weeks)

$ X 26 = $

3 40-yard roll off $ X 26

15 4-yard front load bins once weekly $ X 52 = $

1 1/2-yard pick-up bins w/ lids and solid tires (38” wide by 75” long and no taller than 50” including wheels.)

bi…