24AQP005_-_IFB_FINAL.pdf

arb.ca.gov 1001 I Street • P.O. Box 2815 • Sacramento, California 95812 (800) 242-4450

INVITATION FOR BID

Notice to Prospective Bidders

IFB No. 24AQP005

March 26, 2025

You are invited to review and respond to this Invitation for Bid (IFB) No. 24AQP005, entitled, “California Aircraft Temperature Soundings in Red Bluff.” In submitting your bid, you must comply with the instructions found herein.

This IFB is published online in the California State Contracts Register (CSCR) at https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda that may be issued, interested parties are encouraged to register online at: https://caleprocure.ca.gov.

The California Air Resources Board (CARB) deadline for receipt of bids is April 17, 2025 no later than 1:00 PM (PST). All bids must be submitted via electronic mail to Purchasing@arb.ca.gov. Faxed, hand delivered and mailed bids will not be accepted. Bids must be submitted no later than the date and time indicated under Section II. A. Key Action Dates and addressed as follows: Purchasing@arb.ca.gov. File size cannot exceed 50 Mega Bytes (MB). The naming convention of the bid must be in the following format: “IFB 24AQP005 [insert vendor name] Bid.” Bids must be received on or before the date and time specified herein and the email addresses provided below:

EMAIL IFB Bids to:

Purchasing@arb.ca.gov

Cc: Milan.Casarubbia@arb.ca.gov Cc: Carmen.Padilla@arb.ca.gov

You are advised that you are responsible for ensuring that your bid is received by the above listed contact person by the time and date required. Any bid reaching the contact person after the deadline date and time will be rejected.

In the opinion of CARB, this IFB is complete and without need of explanation. However, if you have questions, notice any discrepancies or inconsistencies, or need any clarifying information, the contact person for this IFB is listed below. All questions must be submitted in accordance with the IFB instructions contained herein and sent via email directly to the below listed contact person and not through the Cal eProcure system.

Contact: Milan Casarubbia Email: Milan.Casarubbia@arb.ca.gov

CC: Carmen.Padilla@arb.ca.gov

We appreciate your interest in this project and hope to receive a bid from you if this is within your area of expertise.

https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/ mailto:Purchasing@arb.ca.gov mailto:Purchasing@arb.ca.gov mailto:Milan.Casarubbia@arb.ca.gov mailto:Carmen.Padilla@arb.ca.gov mailto:Milan.Casarubbia@arb.ca.gov mailto:Carmen.Padilla@arb.ca.gov

California Air Resources Board

TABLE OF CONTENTS SECTION PAGE

I. SCOPE OF WORK

II. BID INSTRUCTIONS AND INFORMATION

A. IFB Key Action Dates B. Submission of Bid C. Bid Submission Withdrawal D. Bidder Responsibilities E. Minimum Bidder Qualifications F. General Requirements G. Bid Rejection H. Signature I. Bid Opening and Evaluation J. Disposition of Bids K. Selection and Award L. Standard Conditions of Service M. Socio-Economic and Preference Programs N. Darfur Contracting Act Certification

DRAFT STANDARD AGREEMENT

Draft Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit A, Attachment 1 – Monthly Report Exhibit B – Budget Detail and Payment Provisions Exhibit B, Attachment 1 – Contractor Rate Sheet Exhibit D – Special gen Conditions Exhibit E – Additional Provisions

ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

3. Contractor Rate Sheet

4. Bidder References

5. Payee Data Record (STD 204)

6. Payee Data Record Supplement (STD 205)

7. Contractor Certification Clauses (CCC 04/2017)

8. Bidder Declaration (GSPD-05-105)

9. Disabled Veteran Business Enterprise (DVBE) Bid Incentive

Instructions

10. Darfur Contracting Act Certification (DGS PD 01)

11. Detailed Response for Minimum Qualifications

12. COVID-19 Prevention Contractor Self-Certification

I. SCOPE OF WORK

Per Health and Safety Code Sections 41856-41859, Division 26, Subchapter 2, the meteorological data provided through this contract is required by the Smoke Management Guidelines for Agricultural and Prescribed Burning, to assist the California Air Resources Board (CARB) Duty Meteorologist in formulating decisions made daily in support of the State’s Agricultural Burning Program.

CARB is seeking a Contractor to make daily flights and record air temperature readings.

During each flight, air temperatures will be recorded at 500-foot intervals, including surface, to an elevation of 5,000 feet above the ground at the Columbia Airport (CUF) in Columbia, California. This shall be completed five (5) days a week for the duration of the agreement.

Contract term shall be for twenty-four (24) months from the time of execution.

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

CARB’s budget for this project is $75,000.00. Bids exceeding this amount may be deemed non- responsive and ineligible for award.

II. BID INSTRUCTIONS AND INFORMATION

This section contains instructions for the organization and timely submission of your bid. It also contains the bid requirements and other important information crucial for the submittal of a responsive and responsible bid. It is the responsibility of the bidder to carefully read and follow all bid requirements within this Invitation for Bid (IFB). Compliance with the IFB instructions is mandatory for your bid to be considered for award. Failure to comply with the IFB instructions will cause your bid to be deemed non-compliant and non-responsive, thus, ineligible for award.

Please read and carefully follow the instructions listed in the following sections. The instructions are separated by category, each with its own requirements and necessary information for submission of a timely and responsive bid. All requirements and specifications in the IFB must be responded to, and all requested data must be supplied for a bid to be considered responsive.

A. IFB Key Action Dates

Below is the tentative time schedule for this IFB. CARB reserves the right to modify the IFB and/or change the date and time at its sole discretion, prior to the date fixed for submission of bids, by the issuance of an addendum to all parties who received a bid package.

i. CARB reserves the right to modify or cancel in whole or part, this solicitation.

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

Time Schedule Date Time (PST)

IFB Posted on Cal eProcure March 26, 2025 N/A Deadline for Submission of Written Questions April 3, 2025 5:00 PM Responses to Questions Posted April 10, 2025 N/A

Bid Submission Due April 17, 2025 1:00 PM

Opening of Bids (Virtual) April 17, 2025 2:00 PM

Notice of Intent to Award [posted for five (5) days] April 21, 2025 N/A

Estimated Contract Start Date June 1, 2025 N/A

Written questions must be submitted via electronic mail by the date and time indicated in Section II.A., IFB Key Action Dates. All written questions received prior to the date indicated for the Written Questions Deadline will be answered in the form of an addendum and posted online at https://caleprocure.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to all parties/participants.

All questions or concerns related to the IFB must be directed electronically to:

Contact: Milan Casarubbia Email: Milan.Casarubbia@arb.ca.gov CC: Carmen.Padilla@arb.ca.gov

B. Submission of Bid

1. All bids RECEIVED by CARB must be submitted electronically and sent to CARB by the date and time shown in the time schedule in Section II. A., “IFB Key Action Dates.”

2. Time of delivery is of the essence and must be adhered to. Any bid received after the due date and time as outlined in the time schedule in Section II.A., “IFB Key Action Dates” will be rejected by CARB as not complying with a mandatory requirement of this IFB.

3. Bids must be submitted no later than the date and time indicated under Section II. A.

Key Action Dates and file size cannot exceed 50 Mega Bytes (MB).

4. The naming convention of the bid must be in the following format: “IFB 24AQP005 [insert vendor name] Bid.”

5. Bids must be submitted to the following addresses:

https://caleprocure.ca.gov/

Purchasing@arb.ca.gov CC: Milan.Casarubbia@arb.ca.gov CC: Carmen.Padilla@arb.ca.gov

6. Bids received after this date and time will be rejected.

C. Bid Submission Withdrawal

A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

D. Bidder Responsibilities

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

2. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to CARB. This includes, but is not limited to: delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, any and all travel related expenses incurred in the performance of completing the bid for submittal; or for any other purpose unless expressly included and itemized in the bid solicitation.

3. Prior to submission of bid, the bidder shall examine any specifications and instructions, or other materials required and included in the bid package to ensure that they meet all the requirements stated in this IFB.

4. It is the bidder’s responsibility to promptly notify the CARB Contract Analyst identified in the solicitation by email, if the bidder believes that the solicitation is unfairly restrictive, contains errors or conflicting language, or needs clarification. Such notification must be submitted no later than 72 hours prior to bid opening date and time. All such correspondence received after the 72-hour deadline will not be considered and deemed ineligible for review and/or response from CARB.

5. Before submitting a response to the IFB, the bidder should review their response, correct all errors, and confirm compliance with the IFB requirements. It is the bidder's responsibility to complete and submit all required attachments as listed on Required Attachment Checklist, Attachment 1.

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

7. The bidder must complete and submit Contractor Rate Sheet, Attachment 3. Submission of this attachment is mandatory. Failure to fully complete and return attachment with your bid will cause your bid to be rejected and deemed non-responsive.

8. References must be provided using Bidder References, Attachment 4. Submission of this attachment is mandatory. Failure to fully complete and return this attachment with your bid may cause your bid to be rejected and deemed non-responsive.

9. Bidder must complete and submit to CARB, the Payee Data Record (STD 204), Attachment 5, to determine if the selected bidder is subject to State income tax mailto:Purchasing@arb.ca.gov withholding, pursuant to California Revenue and Taxation Code, Section 18662. This form can be found on the Internet at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf Contract payment cannot be made unless a completed STD 204 and/or Payee Data Record Supplement STD 205 (if applicable) Attachment 6, has been returned to CARB. This form can be found on the Internet at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

10. Bidder is responsible for reviewing, reading, understanding, and complying in full with the State’s General Terms and Conditions along with the Contractor Certification Clauses (CCC 04/2017) at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language. The bidder must sign and return (CCC 04/2017), Attachment 7.

11. The bidder must complete and submit the Bidder Declaration Form (GSPD-05-105), Attachment 8.

12. The bidder must complete and submit the Darfur Contracting Act Certification (DGS PD 01), Attachment 10.

13. Generative Artificial Intelligence (GenAI)

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.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) §

4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

14. The bidder must be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

15. The bidder must own and operate a legitimate business. If required by law, the bidder must be registered and in good standing with the California Secretary of State. All registered https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language prior to the date of the Agreement award. Evidence of registration shall be submitted with bid.

16. In the event that any license(s) and/or permit(s) expire at any time during the term of this agreement, the bidder agrees to provide the agency with a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the bidder fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

E. Minimum Bidder Qualifications

The bidder must provide a detailed response, outlining information as to how the bidder meets each of the minimum qualifications listed below. The bidder must provide their detailed response on the Detailed Response for Minimum Qualifications, Attachment 11. Bids that do not meet the minimum qualifications may be determined non-responsive and ineligible for award.

1. All airplane pilots providing services under this contract must be licensed for a minimum of five (5) years and rated for flying under the Instrument Flying Rules.

2. All airplane pilots providing services under this contract must have a complete biennial flight review and FAA Form 8500-9 medical certificate, when applicable.

3. A clean, clear copy of each pilot’s license must be submitted with this bid. Pilots who possess revoked licenses are unacceptable to perform the services stated in this IFB, and it is the responsibility of the Contractor to ensure that copies of current licenses are kept on file with CARB. Upon submitting a bid and during the evaluation process, CARB will do a thorough investigation of the pilot license using the FAA website.

F. General Requirements

1. Insurance Requirements

It is the bidder’s responsibility to provide insurance and endorsements as described in the Draft Standard Agreement, Exhibit D, Special Terms and Conditions, if selected for award.

2. Subcontracts/Subcontractors

If subcontractors are to be used, the bidder must include the description of each person or firm and the work to be done by each subcontractor in the Bidder Declaration (GSPD-05- 105), Attachment 8. Subcontractors, if any, must be identified and their qualifications.

3. COVID-19 Prevention Contractor Self-Certification

As part of CARB’s ongoing efforts to protect the health and safety of its employees, CARB is requesting all vendors/contractors who perform work in person or on site to provide certification that the vendor’s/contractor’s employees and subcontractors have provided documentation to the vendor/contractor that the employees are either fully vaccinated against COVID-19 (as defined by the CDC), or have obtained a negative COVID-19 test result within seventy-two (72) hours of in-person or on-site work. The vendor/contractor does not need to provide the documentation of employees’ or subcontractors’ vaccination status or negative test result to CARB. If no employees or subcontractors of the https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.faa.gov%2Flicenses_certificates%2Fairmen_certification%2Finteractive_airmen_inquiry&data=05%7C02%7CCarmen.Padilla%40arb.ca.gov%7C7a6a2ab8a47140e5376808dc865b7669%7C9de5aaee778840b1a438c0ccc98c87cc%7C0%7C0%7C638532974651241976%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=ctZQE%2BEo6ZNChUuCoJM5nZSF17rvR7W2CGMQKlB31lU%3D&reserved=0 vendor/contractor interact with any CARB employees or perform work on site, CARB requests the vendor/contractor certify to this effect.

Additionally, all contractors who perform services under a contract with CARB are expected to, at their own expense, comply with all applicable health and safety laws and regulations.

This includes, but is not limited to, all laws, regulations, and public health orders related to the COVID-19 pandemic. Bidder must sign and submit to CARB, the COVID-19 Prevention Contractor Self-Certification, Attachment 12.

G. Bid Rejection

1. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

2. Bids must be completed in all respects as required by the IFB. A bid will be rejected if it is conditional or incomplete, or if it contains any alterations of forms or other irregularities of any kind. The State may reject any or all bids and may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements, if awarded the agreement. A bid will be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements.

3. CARB reserves the right to reject any or all bids for any reason. The agency is not required to award an agreement. Each bid will be checked in detail to determine its compliance to the IFB requirements. If a bid fails to meet any IFB requirements, CARB will determine if the deviation is material; a material deviation will cause rejection of the bid. A non-material deviation (errors in mathematical computation, spelling, etc.) will be examined to determine when the deviation is acceptable. If accepted, the bid will be processed as if no deviation had occurred.

4. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, will be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

5. Bids received past the date and time specified in the table in Section II.A., “IFB Key Action Dates,” will be deemed non-responsive and rejected. Under no circumstances will any bids be accepted past the date and time stated in the table. All such bids received past the date and time will not be accepted.

H. Signature

1. An individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet, Attachment 2. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

2. All documents requiring a signature must bear an original or electronic signature of a person authorized to bind the bidding firm and must be duly authorized to sign the contract/agreement if awarded the bid.

I. Bid Opening and Evaluation

1. The bids will be virtually opened and read promptly at the time and place indicated in the IFB, as stated in the table in Section II.A., “IFB Key Action Dates.”

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

April 17, 2025 at 2:00 P.M. PST

Join the meeting now Meeting ID: 270 612 019 250 Passcode: oh6L9Jb3

Dial in by phone +1 916-538-5111,,791309479# United States, Sacramento Find a local number Phone conference ID: 791 309 479#

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

2. A vendor’s bid must constitute an irrevocable offer for a period of at least 90 days following the scheduled date for contract award and execution.

3. CARB will put each bid through an administrative evaluation process pursuant to the published requirements to determine the bidder’s responsiveness to the IFB.

J. Disposition of Bids

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

K. Selection and Award

1. The award, if made, will be to the lowest responsive, responsible bidder.

2. Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted at least five (5) working days prior to awarding the contract.

Notice of the proposed award shall be posted on Cal eProcure at https://caleprocure.ca.gov/pages/index.aspx and online at https://www.arb.ca.gov/personnel/contracts/contractsoutside.htm

3. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) working days prior to the award of the agreement.

4. Bidders may protest the proposed award(s) by filing a notice of protest with CARB and the

Department of General Services (DGS), Office of Legal Services (OLS).

5. Protest notices should contain full contact information, including an email address, and must be filed with:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjAyYTZlYmQtODgyYS00Nzg0LThmYmItMjExYjY0NzYxMzJk%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%225e609df9-2928-45b3-b2d8-efbe2ac810a9%22%7d tel:+19165385111,,791309479 https://dialin.teams.microsoft.com/8c4f4386-dd49-4e1f-96ef-010b6a436625?id=791309479 https://caleprocure.ca.gov/pages/index.aspx https://www.arb.ca.gov/personnel/contracts/contractsoutside.htm

Acquisitions Branch:

Alice Kindarara – IFB 24AQP005 1001 I Street, 20th Floor Sacramento, CA 95814 Phone Number: (279) 386-9439 Purchasing@arb.ca.gov

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

OLSProtests@dgs.ca.gov

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

7. The Agreement(s) shall not be awarded until either the protest has been withdrawn or the

State has decided the matter.

8. The proposed Contractor will receive a fully executed contract with all necessary terms and conditions and exhibits/attachments. Proposed Contractor should carefully read the entire contract and be sure to sign contract and all required documents.

9. Such award, if made, will be made within sixty (60) days after opening of bids, if not sooner.

The contract shall be signed by the bidder and returned within ten (10) working days of receipt. If the lowest responsive, responsible bidder refuses or fails to execute the contract, CARB may award the contract to the next lowest responsive, responsible bidder.

L. Standard Conditions of Service

1. Services shall be available on the express date set by the awarding agency and the

Contractor, after all approvals have been obtained and the agreement is fully executed.

Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

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

3. The State does not accept alternate contract language from a prospective contractor. A bid with such language may be considered a counter proposal and may be rejected. The State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) are not negotiable. The GTC and CCCs are included in the sample agreement attached to this package and may also be viewed at the Internet site:

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

4. The State does not negotiate rates and/or costs listed on any bid submitted.

5. No oral understanding or agreement shall be binding on either party. Any changes or alterations to the contract/agreement must be in writing and approved by both parties and/or the Department of General Services’ Office of Legal Services, if required.

mailto:Purchasing@arb.ca.gov mailto:OLSProtests@dgs.ca.gov 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

M. Socio-Economic and Preference Programs

1. California Disabled Veteran Business Enterprise (DVBE) Incentive (Optional)

This solicitation does not require a minimum amount of California Disabled Veteran Business Enterprise (DVBE) participation. However, you are strongly encouraged to either become certified, if eligible, or to subcontract a portion of the work to a certified DVBE.

If a prime bidder is a certified DVBE or commits to subcontracting with DVBE(s), it may be eligible to receive an incentive provided that the DVBE provides a commercially useful function as defined in California Code of Regulations, Title 2, Section 1896.61(l). For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration (GSPD-05-105), Attachment 8, and confirmed by the State.

The incentive amount varies in conjunction with the percentage of DVBE participation in accordance with the DVBE Bid Incentive Instructions, Attachment 9.

Bidders claiming the DVBE incentive must complete and return the Disabled Veteran Business Enterprise Declarations form (STD 843) found at:

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

2. Small Business (SB) or Microbusiness (MB) Preference (Optional)

If bidder is claiming the 5% certified SB or MB preference or is committing to subcontract 25% or more of their net bid price to one or more Certified SBs or MBs, complete Bidder Declaration (GSPD-05-105), Attachment 8, and attach a copy of the certification.

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

Questions regarding the certification approval process or the Small Business program should be directed to the Department of General Services, Procurement Division at (800) 559-5529 or (916) 375-4940. For the 24-Hour Recording & Mail Request call (916) 322-5060.

SB or MB bidders or bidders using the non-SB preference shall be granted a preference consisting of 5% of the bid price of the lowest responsive bidder that is not a SB.

N. Darfur Contracting Act Certification (Mandatory Submittal)

Public Contract Code Sections 10475-10481 applies to any company that currently or within the previous three (3) years has conducted business activities or other operations outside of the United States. For any contractor that submits a bid or proposal, the contractor must certify that it is either 1) not a scrutinized company; or 2) a scrutinized company that has been granted permission by the Department of General Services. This form must be completed and submitted with your bid. See Darfur Contracting Act Certification, Attachment 10.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/PD/

DRAFT STANDARD AGREEMENT (STD 213)

EXHIBIT A

SCOPE OF WORK

A. PURPOSE

Per Health and Safety Code Sections 41856-41859, Division 26, Subchapter 2, the meteorological data provided through this contract is required by the Smoke Management Guidelines for Agricultural and Prescribed Burning, to assist the California Air Resources Board (CARB) duty meteorologist in formulating decisions made daily in support of the State’s Agricultural Burning Program. The Contractor shall make daily flights and record air temperature readings at 500 foot intervals, including surface, to an elevation of 5,000 feet above the ground.

This shall be completed five (5) days a week for the duration of the agreement.

B. LOCATION OF SERVICE

Red Bluff Municipal Airport (RBL) in Red Bluff, California.

C. SCOPE OF WORK

Contractor services shall consist of daily flights from June 1, 2025 to May 31, 2027. During each flight, air temperatures will be recorded at 500-foot intervals to an elevation of 5,000 feet above the ground at the locations listed in the Location of Service.

1. Aircraft Temperature Soundings

a. The Contractor will make daily flights and record the temperatures at ground level and at

500-foot intervals to an elevation of 5,000 feet above the ground. Temperature measurements at each 500-foot interval above ground level are mandatory. Where the performance of this contract would conflict with the rules and guidelines of the Federal Aviation Administration (FAA) or local airfield manager, the rules and guidelines of the FAA or airfield manager will prevail and the Contractor will notify CARB’s Contract Manager, or designee, of the conflict.

b. The temperature soundings are to be made between 4:00 a.m. and 6:00 a.m. PST and transmitted to the CARB Duty Meteorologist using the Prescribed Fire Information Reporting System at https://ssl.arb.ca.gov/pfirs/index.php, or by telephone at (916) 322- 6014 no later than 11:00 a.m. PST. Telephone toll charges are to be paid by the Contractor. If Contractor is unable to take measurements on a scheduled day, the Contractor will apprise the CARB Contract Manager, or designee, the same day as to the reason why measurements could not be taken.

c. Temperature soundings at all locations will be performed daily, with the exception of the months of March, April and May where it will be performed Monday through Friday and the State of California declared holidays (listed at http://www.calhr.ca.gov), unless requested by the CARB Contract Manager on a case by case basis.

d. In the event that work is needed on unscheduled days, (weekends and/or State of

California declared holidays) or during an unscheduled time period, the CARB Duty Meteorologist will provide the Contractor with as much lead-time as possible. If the Contractor is unable to provide service on an unscheduled day or, during an https://ssl.arb.ca.gov/pfirs/index.php http://www.calhr.ca.gov/ unscheduled hour, the Contractor will not incur any penalties. Contractor shall invoice at the same cost provided in Exhibit B, Attachment 1- Contractor Rate Sheet.

2. Flight Pattern

The Contractor(s) may choose the type of pattern (circular, oval, or rectangular) in which they fly while climbing to each sampling level. Each pattern must be confined to an area within a five-mile distance of the runway, must begin at the surface and level off at each intermediate 500-foot interval while making temperature measurements.

3. Adverse Weather Conditions

If the pilot must fly to the location where work is to be performed and is unable to land the aircraft due to adverse weather conditions, then the temperature measurements are to begin at the lowest height attainable. Subsequently, the pilot(s) must take temperature measurements as the aircraft climbs to each higher mandatory elevation if weather conditions permit.

4. Aborted Flights

a. If a flight is aborted for any reason, the Contractor must notify the CARB Duty

Meteorologist by 6:30 a.m. PST and provide any partial data, the reason for aborting the flight, and information on the potential impact on future flights.

b. If conditions permit, the flight may be made-up later in the day, but no later than

12:00 p.m. PST, with the concurrence of the CARB Duty Meteorologist.

c. The CARB Duty Meteorologist will notify the Contractor by 8:00 a.m. PST whether a later flight is approved.

5. Flying Limitations

Soundings will not be required during unsafe flying conditions as determined by the Contractor. CARB will not be charged when the Contractor does not fly. The Contractor will specify in writing the minimum airfield take-off and landing weather conditions (ceiling, visibility, and crosswind component) under which they can operate.

6. Monthly Reports

The Contractor agrees to keep records of each temperature measurement and provide the completed original document to the CARB Contract Manager monthly. A sample work sheet is attached (see Exhibit A, Attachment 1) These confirming written records of the temperature data along with the Contractor's invoices for payment are to be emailed to CARB Accounting at AccountsPayable@arb.ca.gov and to the CARB Contract Manager at dar.mims@arb.ca.gov.

7. Equipment

a. The Contractor must procure and maintain a reliable instrument for collecting the data for this contract. The temperature sensing equipment used by the Contractor must be capable of digitally reading temperatures within a range of minus 13 degrees mailto:AccountsPayable@arb.ca.gov mailto:dar.mims@arb.ca.gov

Fahrenheit (°F) to 122 °F with an accuracy of plus or minus 0.5 °F. Evidence that the temperature sensor meets the specifications must be provided to the CARB Contract Manager along with each monthly invoice. The instrument must be made available for quality analyses, calibration checks, etc., as deemed necessary by the CARB Contract Manager.

b. The temperature probe must be positioned on the airplane so that it is shielded from direct sunlight, out of the propeller wash, and at least one (1) probe length away from the fuselage. A suitable location would be under the wing, at least one-inch away from the wing surface. When not in use, the temperature probe and indicator shall be removed from the airplane. When used, the probe shall be remounted in the same place on the airplane.

8. Temperature Sensor Verification

The accuracy of the temperature measuring equipment must be verified monthly by comparing the readings against a standard mercury thermometer immersed in an ice bath.

The ice bath shall consist of a two-gallon insulated container first filled with ice and then saturated with distilled water. The ice bath, with the standard liquid mercury thermometer tip (bulb) submerged, shall be allowed to remain in a room for fifteen (15) minutes. After fifteen

(15) minutes, the sampling thermometer (which should have been removed from the airplane, see Equipment Section) will be submerged into the ice bath. Within ten (10) seconds, the sampling thermometer should read the same temperature as the standard liquid mercury thermometer (a reading within 0.5 °F will be acceptable). The Contractor must examine the instrument (indicator and probe) daily for defects such as frayed wires, loose connections, faulty displays, etc. The instrument’s reliability must be verified monthly by the method described below. The results of this verification must be submitted to the CARB Contract Manager along with each monthly invoice.

9. Quality Assurance

a. Prior to each flight, the Contractor must examine the aircraft thermometer for defects such as frayed wires, loose connections, faulty displays, etc. The Contractor will report any defects to CARB immediately.

b. The surface temperature must be read when the airplane has reached taxi speed and just before liftoff. At each mandatory 500-foot interval, the airplane shall level off at least ten (10) seconds to allow the temperature probe to reach equilibrium before taking the reading. If during the monthly instrument verification the instrument took longer than ten

(10) seconds to match the ice bath temperature, then the pilot must remain at each mandatory sampling level for a corresponding length of time before recording the temperatures for the purpose of this contract.

10. Performance Evaluation

The CARB Contract Manager will evaluate the Contractor's performance under this contract and rate the performance as either satisfactory or unsatisfactory. Performance reports will be documented and maintained on file with the CARB Contract Manager in the Meteorology Section. Unsatisfactory performance will be sufficient grounds for termination of the contract.

CARB reserves the right to make a final judgment of unsatisfactory performance. The following actions by the Contractor will be reason for an unsatisfactory performance rating by the CARB Contract Manager (however, unsatisfactory performance is not necessarily limited to these actions):

a. Failure to make temperature measurements as specified in the contract. The Contractor will be excused for their inability to perform all of the required measurements under adverse weather or visibility conditions. However, the CARB Contract Manager will use whatever resources are available to verify adverse weather and visibility conditions and the determination of the CARB Contract Manager on such matters will be final.

b. Failure to perform the flight and report the temperature measurements to the CARB Duty Meteorologist within the agreed upon time frame. The concurrence of the CARB Duty Meteorologist to make a late temperature measurement will not be sufficient to avoid an unsatisfactory performance rating.

c. Cumulative downtime for maintenance of the aircraft, sickness or unavailability of a pilot in excess of five (5) days in any given month.

d. Failure to maintain insurance as specified in this contract.

D. CONTRACT REPRESENTATIVES

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

Agency: California Air Resources Board Contractor:

Division: Air Quality Planning and Science Division Section:

Attention: Dar Mims Attention:

Address: 1001 I Street, Sacramento, CA 95814 Address:

Phone: (916) 462-0967 Phone:

Email: dar.mims@arb.ca.gov Email:

Agency: California Air Resources Board Contractor:

Division: Air Quality Planning and Science Division Section:

Attention: Salone Platenburg Attention:

Address: 1001 I Street, Sacramento, CA 95814 Address:

Phone: (279) 216-0681 Phone:

Email: salone.platenburg@arb.ca.gov Email:

Direct all inquiries to the Contract Managers.

The parties may change their Contract Representative(s) upon providing ten (10) days written notice to the other party’s Contract Representative(s). The notifying party shall provide complete contact information for the replacement Contract Representative(s) to include the information provided above.

mailto:dar.mims@arb.ca.gov mailto:salone.platenburg@arb.ca.gov

EXHIBIT A, ATTACHMENT 1

MONTHLY REPORT

MONTHLY REPORT

Contractor:

Month: Year:

Station Name: Station Elevation:

DAY TIME PILOT SURFACE 500' 1000' 1500' 2000' 2500' 3000' 3500' 4000' 4500' 5000'

Instrument Ice bath Check:

Standard Mercury Thermometer Reading__________

Sampling Thermometer Reading___________

Time to equilibrium_____

Contractor’s Signature: __________________________________

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. INVOICING AND PAYMENT

1. For services satisfactorily rendered and upon receipt and approval of the invoice the

State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B, Attachment 1 – Contractor Rate Sheet, which is attached hereto and made a part of this Agreement.

2. Contractor shall submit one (1) copy of each invoice. Invoices must include the Agreement Number and must be submitted not more than monthly in arrears to:

Accounting Section accountspayable@arb.ca.gov

B. BUDGET CONTINGENCY CLAUSE

1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

C. PROMPT PAYMENT CLAUSE

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

D. TRAVEL AND PER DIEM

There shall be no reimbursement for travel or per diem.

mailto:accountspayable@arb.ca.gov

EXHIBIT B, ATTACHMENT 1

CONTRACTOR RATE SHEET

Contractor shall be paid in accordance with the costs shown and shall remain unchanged throughout the term of the Agreement.

(Contractor Rate Sheet, Attachment 3 submitted with bid will be included in the final contract)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

A. EXCISE TAX

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees’ wages. The State will pay for any applicable State of California, local sales, or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

B. SETTLEMENT OF DISPUTES

1. In the event of a dispute, Contractor shall file a “Notice of Dispute” with CARB within ten (10) days of discovery of the problem. Within ten (10) days, the CARB shall meet with the Contractor and Contract Manager for purposes of resolving the dispute.

2. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by Contractor and State employees normally responsible for the administration of this Agreement shall be brought to the attention of the Executive Officer or designated representative of each organization for resolution. The decision of the State Executive Officer or designated representative shall be final.

3. In the event of a dispute, the language contained within this Agreement shall prevail over any other language.

4. The existence of a dispute not fully resolved shall not delay Contractor to continue with the responsibilities under this Agreement which is not affected by the dispute.

C. POTENTIAL SUBCONTRACTORS

Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

D. STOP WORK ORDER

State reserves the right to issue an order to stop work in the event that a dispute should arise, or in the event that State gives Contractor a notice that the Agreement will be terminated. The stop work order will be in effect until the dispute has been resolved or the Agreement has been terminated.

E. TERMINATION

1. In addition to the rights under Exhibit C of the Standard Agreement, State reserves the right to terminate this Agreement in whole or in part at its sole discretion at any time upon thirty

(30) days prior written notice to Contractor.

2. After receipt of a Notice of Termination, and except as directed by the State, the Contractor shall immediately stop work, regardless of any delay in determining or adjusting any amounts due under this clause.

3. In the case of early termination, Contractor must submit one (1) original and one (1) copy of a final invoice within 30 calendar days upon date of written notice. The final invoice shall cover all unpaid services to termination date, following the invoice requirements of this Agreement. Final invoice shall be submitted to the address listed on Exhibit B, Budget Detail and Payment Provisions.

4. Upon receipt of the final invoice, a final payment will be made to Contractor. This payment shall be for all State-approved costs that in the opinion of State are justified, and shall include labor, and materials purchased or utilized (including all non-cancellable commitments) to termination date at the rates set forth in the contract.

F. AMENDMENTS

1. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.

G. INSURANCE REQUIREMENTS

1. Commercial General Liability

Contractor must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Agreement. Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy must include coverage for liabilities arising out of premises operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must include:

California Environmental Protection Agency/Air Resources Board, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

This endorsement must be supplied under a form acceptable to the Office of Risk and Insurance Management.

In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, Contractors shall include all subcontractors as insured under Contractor’s insurance or supply evidence of insurance to the State equal to policies, coverage and limits required of Contractor.

2. Aircraft Liability

Contractor shall maintain aircraft liability with limits not less than $1,500,000 for each accident. The policy must include:

California Environmental Protection Agency/California Air Resources Board, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

3. Hangers Keepers Liability

Contractor shall maintain hangars keepers coverage with limits not less than $1,000,000 per occurrence.

4. Workers’ Compensation and Employers’ Liability (if applicable)

Contractor must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Agreement. Contractor shall maintain statutory workers’ compensation and employers’ liability for all its employees who will be engaged in the performance of the Agreement. Employers’ liability limits of $1,000,000 are required. The policy must include:

When work is performed on State owned or controlled property the Workers’ Compensation policy shall contain a waiver of subrogation in favor of the State. The waiver of subrogation endorsement shall be provided.

5. Professional Liability

Contractor shall maintain Professional Liability covering any damages caused by an error, omission or any negligent acts. Limits of not less than $1,000,000 shall be provided. The policy’s retroactive date must be displayed on the certificate of insurance and must be before the date this Agreement was executed or before the beginning of this Agreement work.

California Environmental Protection Agency/California Air Resources Board, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

6. General Provisions Applying to all Policies

a. Coverage Term: Coverage needs to be in force for the complete term of the Agreement.

If insurance expires during the term of the Agreement, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the Agreement.