25-0011-IFB_Hazardous_Waste_Storage___Destruction.pdf

CALIFORNIA DEPARTMENT OF JUSTICE

Office of the Attorney General Division of Operations Contracts and Purchasing Unit 1300 I Street, Suite 820 Sacramento, California 95814

March 28, 2025

Invitation for Bid Number 25-0011-IFB

Notice to Prospective Bidders

The California Department of Justice (DOJ) invites prospective bidders to review and respond to the attached Invitation for Bid (IFB) Number 25-0011-IFB entitled, “DOJ – Division of Law Enforcement (DLE) – Bureau of Investigations (BI) – Hazardous Waste Storage/Destruction Services.” When preparing and submitting a bid, compliance with the instructions found herein is imperative.

All agreements entered with the State of California shall include, by reference, General Terms and Conditions (GTC 04/2017) that may be viewed and downloaded at the following site:

https://www.dgs.ca.gov/OLS/Resources. If any prospective bidder lacks Internet access, a hard copy of these items can be obtained by contacting Mitra Hall at mitra.hall@doj.ca.gov or (916) 210-6730.

If a discrepancy occurs between the information in the advertisement appearing in the California Department of General Services, Cal eProcure website and the information herein, the information in this notice and in the attached IFB shall take precedence.

I. Bid Due Date

Regardless of postmark or method of delivery, the California Department of Justice, Contracts and Purchasing Unit must receive bid packages no later than 3:00 PM PST on Wednesday, April 16, 2025. For detailed submission instructions, see section L of this IFB, entitled “Submission of Bids”.

II. Disabled Veteran Business Enterprise (DVBE) Participation Requirements

The DVBE participation requirement has been waived for this solicitation. Bidders who provide DVBE participation are eligible to receive a DVBE Incentive. For more information regarding this option, see section O of this IFB, entitled “Preference and Incentive Programs”. If you have questions, please contact the DOJ, SB/DVBE Advocate at Advocate@doj.ca.gov.

If you go above the requirement and subcontract for 3.25 % or more of the total dollar amount of the agreement resulting from this IFB, you may be eligible to receive a DVBE Incentive. For more information regarding this option, see section O of this IFB, entitled “Preference and Incentive Programs”.

https://www.dgs.ca.gov/OLS/Resources mailto:Advocate@doj.ca.gov

Prospective Bidders

III. Funding Limit

The proposed agreement is valid and enforceable only if sufficient funds are made available by the Budget Act of the appropriate fiscal year for the purpose(s) of the agreement.

In addition, the proposed agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature, which may affect the provisions, terms, or funding of the agreement in any manner. If full funding does not become available, the DOJ will either cancel the resulting agreement or amend it to reflect reduced funding and reduced activities.

IV. Bidder Questions

In the opinion of the DOJ, this Invitation for Bid is complete and without need of explanation.

However, if questions arise or there is a need to obtain clarifying information, put all inquiries in writing and route them to the DOJ following the instructions set forth in section D of this IFB, entitled “Bidder Questions”.

V. Executive Order N-6-22 Economic Sanctions Against Russia

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. The EO directs State agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of the agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Thank you for your interest in the service needs of the California Department of Justice.

Sincerely, Mitra Hall

AGPA

Enclosures

Invitation for Bid 25-0011-IFB

DOJ – Division of Law Enforcement (DLE) – Bureau of Investigations (BI) – Hazardous Waste

Storage/Destruction Services

California Department of Justice Division of Operations

Contracts and Purchasing Unit 1300 I Street, Suite 820

Sacramento, California 95814

Investigations (BI) – Hazardous Waste Storage/Destruction Services 25-0011-IFB

Page i

Table of Contents

A. Purpose and Description of Services

B. Time Schedule

C. Agreement Term

D. Bidder Questions

1. What to include in an inquiry

2. Question deadline

3. How to submit questions

4. Verbal questions

E. Pre-Bid Conference/Walkthrough

F. License/Permits/Insurance Papers

G. Statement of Work

H. Failure to Perform

I. Other Damages

J. Qualification Requirements

K. Bid Format and Content Requirements

1. General instructions

2. Bid format requirements

3. Bid content requirements

4. Required attachments/documentation

L. Submission of Bids

1. Submission instructions

2. Proof of timely receipt

3. Bidder costs

M. Bid Opening

N. Bid Requirements and Information

1. Non-responsive bids

2. Bid modifications after submission

3. Bid mistakes

4. Withdrawal and/or resubmission of bids

a. Withdrawal deadline

b. Submitting a withdrawal request

c. Resubmitting a bid package

Page ii

5. Evaluation and selection

a. Bid opening/reading

b. Bid package review

c. Notice of Intent to Award

6. Agreement award and protests

a. Agreement award

b. Settlement of tie bids

c. Protests

1) Who can protest

2) Grounds for protests

3) Protest time lines

4) Submitting a protest

7. Disposition of bids

8. Inspecting or obtaining copies of bids

a. Who can inspect or copy bid materials

b. What can be inspected/copied and when

c. Inspecting or obtaining copies of bid materials

9. Verification of bidder information

10. DOJ rights

a. IFB corrections in Fi$Cal

b. Collecting information from bidders

c. Immaterial bid defects

d. Correction of clerical or mathematical errors

e. Right to remedy errors

f. No Agreement award or IFB cancellation

g. Agreement amendments after award

O. Preference and Incentive Programs

1. Small/Micro Business Preference (preference not to exceed $50,000)

2. Non-Small Business Subcontractor Preference (preference not to exceed $50,000)

3. Disabled Veteran Business Enterprise (DVBE) Incentive

4. Nonprofit Veteran Service Agency (NVSA) Small business Preference (preference not to exceed $50,000)

5. Other Prefereance Programs

P. Agreement Terms and Conditions

Page iii

1. Sample Agreement Forms & Exhibits

2. Unanticipated tasks

3. Resolution of differences between IFB and agreement language

Required Attachments

Attachment # Attachment Name

Attachment 1 Bid Form

Attachment 2 Required Attachment/Certification Checklist

Attachment 3 Bid Evaluation Form (For DOJ Use Only)

Attachment 4 Client References

Attachment 5 CCC 04/2017– Contractor Certification Clauses

Attachment 6 Darfur Contracting Act Certification (DGS PD 1)

Attachment 7 STD. 204 - Payee Data Record

Attachment 8 Conflict of Interest & Confidentiality Statement - Vendor

Attachment 9

Attachment 9a

California Disabled Veteran Business Enterprise (DVBE) - Bid Incentive Instructions and Resources and Information

STD 843 – Disabled Veteran Business Enterprise Declarations

Attachment 10

Attachment 10a

Non-Small Business Subcontractor Preference Instructions

Small Business Subcontractor/Supplier Acknowledgement

Attachment 11 GSPD-05-105 - Bidder Declaration and Bidder Instructions

Attachment 12

Attachment 13

DGS OLS 04 - California Civil Rights Laws Attachment

Iran Contracting Act

Page iv

Sample Agreement Forms/Exhibits

Form/Exhibit Title Form/Exhibit Name

STD. 213 Standard Agreement

Exhibit A Statement of Work

Exhibit B Budget Detail and Payment Provisions

Exhibit C General Terms and Conditions. View or download at this Internet site:

https://www.dgs.ca.gov/ols/Resources

Exhibit D Special Terms and Conditions https://www.dgs.ca.gov/ols/Resources

A. Purpose and Description of Services

The California Department of Justice (DOJ) is soliciting bids from firms that can provide Hazardous Waste Storage/Destruction Services for the DOJ/ DLE/BI. Bids must address all the services described in section G of this Invitation for Bid (IFB), entitled “Statement of Work”, including those terms in the referenced exhibits.

The DOJ intends to make a single agreement award to the responsive and responsible firm offering the lowest bid. This IFB is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Time Schedule

Below is the tentative time schedule for this IFB:

C. Agreement Term

The term of the resulting agreement is expected to be for two (2) years and is anticipated to be effective from Tuesday, July 01, 2025 through Wednesday, June 30, 2027, with the option to extend the term at the discretion of the DOJ and upon approval, if required, from the California Department of General Services (DGS). The agreement term may change if the DOJ makes an award earlier than expected or if the DOJ cannot execute the agreement by the anticipated start date due to unforeseen delays. The DOJ reserves the right to extend the term of the resulting agreement as necessary to complete the services needed by the DOJ. Agreement extensions are subject to satisfactory performance by the Contractor, funding availability, and possibly approval by the DGS.

The resulting agreement will be of no force or effect until it is signed by both parties and approved by the DGS, if required. The successful bidder is hereby advised not to commence performance until all approvals have been obtained. If performance commences before all approvals are obtained, said services may be considered to have been volunteered.

Event Date Time (If applicable)

IFB Released

Friday, March 28, 2025

Pre-Bid Conference (Optional) N/A

Walk Through (Optional) N/A

Questions Due Wednesday, April 09, 2025 3:00 PM PST

Bid Due Date Wednesday, April 16, 2025 3:00 PM PST

Bid Opening Thursday, April 17, 2025 10:00 AM PST

Proposed Start Date of Agreement Tuesday, July 01, 2025

D. Bidder Questions

Bidders shall immediately notify the DOJ if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions, or requirements.

All inquiries must be in writing and submitted to the DOJ via electronic mail no later than the date and time stated in section B of this IFB, entitled “Time Schedule”. At its discretion, the DOJ reserves the right to contact an inquirer to seek clarification of any inquiry received.

Bidders that fail to report a known or suspected problem with this IFB and/or any accompanying materials or fail to seek clarification and/or correction of this IFB and/or any accompanying materials, shall submit a bid at their own risk. In addition, if awarded the agreement, the successful bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error.

If an inquiry appears to be unique to a single firm or is marked “Confidential,” the DOJ will email a response only to the inquirer if the DOJ concurs with the bidder’s claim that the inquiry is sensitive or proprietary in nature. If the DOJ does not concur, the inquiry will be answered in the manner described herein and the bidder will be so notified. Inquiries and/or responses that the DOJ agrees should be held in confidence shall be held in confidence only until the Notice of Intent to Award is posted.

1. What to include in an inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, email address, area code and telephone number.

b. A description of the subject or issue in question or discrepancy found.

c. IFB section, page number or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any. A bidder that desires clarification about specific IFB requirements and/or whose inquiry relates to sensitive issues or proprietary aspects of a bid may submit individual questions that are marked “Confidential". The bidder must include with its inquiry an explanation as to why it believes questions marked “Confidential” are sensitive or surround a proprietary issue.

2. Question deadline

Submit questions and inquiries no later than the date and time (Wednesday, April 09, 2025, 3:00 PM PST), as stated in section B of this IFB, entitled “Time Schedule”.

Questions received after the due date and time will not be considered.

The DOJ will accept questions and inquiries about the following issues up to the bid due date:

a. DVBE participation.

b. How to complete DVBE attachments.

c. The reporting of IFB errors or irregularities.

3. How to submit questions

Please submit questions and inquiries regarding 25-0011-IFB to Mitra Hall at mitra.hall@doj.ca.gov.

Note: Please type “Questions 25-0011-IFB” in subject line of email.

4. Verbal questions

The DOJ reserves the right not to accept or respond to verbal questions and inquiries. Verbal remarks provided in response to verbal questions and inquiries are unofficial and are not binding on the DOJ unless later confirmed in writing. Any additional requirements shall be issued in the form of an addendum to all potential bidders.

Direct all verbal requests for DVBE assistance to the DOJ, SB/DVBE Advocate at Advocate@doj.ca.gov up to the bid due date.

E. Pre-Bid Conference/Walkthrough

The DOJ will not hold a Enter Pre-Bid Conference or Walkthrough for this IFB.

F. License/Permits/Insurance Papers

1. Contractor shall have and submit copies with IFB all applicable certificates of insurance, permit, licenses and other forms of documentation required to comply with the laws of the State of California.

2. Contractor shall be an individual or firm licensed to do business in California and shall obtain at its expense all license(s) and permit(s) required by law for accomplishing any work required in connection with the agreement.

3. If the Contractor is located within the State of California, the Contractor must be in good standing with the Secretary of State (if applicable). For more information regarding the Secretary of State, please visit: sos.ca.gov.

4. If the Contractor is out of State, the Contractor must provide a copy of their Board of Equalization Permit along with a copy of their Secretary of State (if applicable) to show the Contractor is eligible to do business in California.

G. Statement of Work

Contractor agrees to provide to the Department of Justice (DOJ) with services as described herein:

The Contractor shall furnish all necessary personnel, personal protective equipment, materials, supplies, safety equipment and services, to include four (4) secured single load pick-up of hazmat buckets in both Fresno County (Central California) and Los Angeles County (Southern California) within a calendar year, secure storage facilities, except as otherwise specified herein, and do all things necessary or incidental to the performance of the work set forth herein. The Contractor shall be responsible for analyzing (unknown samples), rendering specific controlled substances useless and non-extractable as directed by the California Department of Justice (DOJ) Clandestine Laboratory (Clan Lab) Coordinator, identifying, packaging, loading, storing, transporting and destruction of evidence samples in mailto:Advocate@doj.ca.gov accordance with all applicable state, federal and local laws and regulations, two (2) clan lab bucket destructions in a calendar year.

The Contractor shall bear all costs related to the secure transporting of existing clan lab evidence buckets from DOJ’s current storage facility in Sacramento to the Contractor’s site.

The Contractor shall provide courtroom testimony, if called upon to do so, as to the chain-of-custody and storage of seized chemicals. Further, in the event the chemicals are destroyed pursuant to Section 11479 of the Health and Safety Code or by court order, the Contractor shall be willing to provide documentation and possible courtroom testimony as to the destruction of the chemicals.

The DOJ/Bureau of Investigation (BI) is responsible for enforcing the Controlled Substances Act and coordinating with other state, local and federal agencies in the enforcement of drug abuse laws. BI’s statewide operation is currently organized into six (6) regional offices that maintain jurisdiction throughout all fifty-eight (58) counties of California.

The objective of the agreement, as a result of this bid solicitation, is to store hazardous material evidence samples and the destruction of those samples which are retained by BI from clandestine illegal drug manufacturing laboratories and to accomplish this in compliance with all applicable state, federal and local laws and/or regulations. For the purpose of this solicitation, BI will refer to hazardous material evidence samples as evidence samples. Note:

The Contractor is NOT required to be a Treatment Storage Disposal (TSD).

The following storage space for the Sacramento facility identifies minimum storage space required by BI. All storage space needs to have a dedicated alarm system to include exterior and interior cameras with motion recordings maintained for minimum of 180 days, daily exterior inspections, exterior motion sensor lighting, interior and exterior permanent lighting, fire alarm, sprinkler system, fire extinguisher, electrical outlets, auto temperature control turn-on exhaust ventilation fan, pest control and secured parking area at entrance of storage site controlling access to the area, maintain signed entrance/exit logs of storage area along with clan lab buckets in, out and destruction logs to include printed clan lab case number labeling.

The storage space will be approved by the Clan Lab Coordinator or an assigned DOJ/BI Special Agent. This shall be done during a pre- award inspection.

CA DOJ/BI Clan Lab Coordinator John Palazzola

(916) 224-7552

Sacramento Facility 900 square feet

Neither the Contractor nor the Contractor’s personnel shall take photographs of evidence or law enforcement personnel without prior permission from the on-site DOJ/BI Clan Lab Coordinator each time they intend to do so.

CONTRACTOR’S REQUIREMENTS

Safety: The Contractor shall perform all operations in a prudent, conscientious, safe and professional manner and the Contractor shall ensure all agents, employees and subcontractors perform the work in the same manner. At a minimum, the personnel and equipment of the Contractor shall comply with all safety requirements set forth in applicable state, federal and local laws and regulations. The Contractor shall ensure their personnel and the personnel of subcontractors involved in handling and packaging hazardous waste are trained for the level of expertise required to properly perform the task, particularly in the areas of chemical incompatibility, general first-aid procedures, and spills. The Contractor shall provide personnel with personal protective equipment appropriate for ensuring safe handling of hazardous substances and ensure his/her personnel are properly trained to work in hazardous waste areas. The Contractor shall have a zero-tolerance drug policy.

Quality Control Monitoring: The Contractor and subcontractors are subject to announced and/or unannounced inspections of their operations, records and facilities by DOJ/BI, to verify agreement compliance. This does not relieve the Contractor of his/her responsibility to ensure proper agreement compliance by his own inspections or other means. The Contractor shall send complete copies of any federal, state or local government inspections pertaining to DOJ/BI hazardous waste, to the DOJ/BI Clan Lab Coordinator within two (2) weeks of receipt.

Packaging and Marking: The Contractor shall provide necessary personnel and all required materials to repackage, mark, label, seal and load the evidence samples for disposal. When repackaging, the Contractor shall be responsible for disposal of the original containers. The Contractor shall provide all necessary packing materials and containers. All employees involved in manifesting, packaging and transporting hazardous waste shall demonstrate current compliance with the Department of Transportation (DOT) training requirements (29 CFR 172.700-172.704) for all HAZMAT employees. The Contractor shall comply with all laws and regulations concerning the packaging, storage, transportation and disposal of hazardous waste found in 22 CCR, the Health and Safe Code, 29 CFR and 40 CFR.

Identification of Evidence Sample: Prior to destruction, the Contractor shall be responsible for identifying (unknown samples), rendering specific controlled substances useless and non-extractable as directed by the Clan Lab Coordinator, repackaging, labeling and sealing evidence samples for classification to the extent legally required for appropriate storage and disposal.

Transportation: Transporters shall provide a copy of all state releases. A state release refers to all items leaving the State of California for disposal. Copies of any and all releases signed and/or received by Contractor transporting DOJ/BI evidence for disposal across state lines are required before invoices for payment will be processed. Transporters must also provide local and uniform hazardous waste manifests available for transport of hazardous materials and must be fully licensed and have Environmental Protection Agency (EPA) permitting hazardous waste transporters. All Contractors’ vehicles used to transport hazardous waste must have a current permit for such use. Charges for transportation include cost, overhead and profit. All employees involved in manifesting, packaging and transporting hazardous waste must demonstrate current compliance with DOT training requirements (29 CFR 172.700-172.704) for all HAZMAT employees.

Spill Reporting Requirements: The Contractor shall report to the DOJ/BI Clan Lab Coordinator all spills and personnel exposures during packing, loading, storage or transporting of hazardous materials, and any unusual incidents such as fire, explosions, or injury. The Contractor shall assume responsibility for spills and personnel exposures and shall bear all costs related to the same. Any and all of the above-named incidents shall be reported by telephone immediately to the DOJ/BI Clan Lab Coordinator following the incident and shall be followed by a written report to the DOJ/BI Clan Lab Coordinator no later than seven (7) days after the initial telephone report. The Contractor shall immediately notify DOJ if a spill or emergency occurs during transport. Contractor shall provide for cleanup remedy of the emergency situation, in consultation with DOJ and responsible local authorities. Contractor shall immediately notify the California Emergency Management Agency (800-853-7550) of any such spill in the State of California.

Disposal: Disposal shall include preparation (identification, labeling, etc.) and packaging, shipping and disposing in compliance with all existing laws and regulations of the United

States including, but not limited to, EPA Hazardous Waste Regulations; Department of Transportation Regulations and laws and regulations of any state, county, township or municipal subdivision thereof or other governmental agency which may be applicable to the storage and disposal of the hazardous waste. If the evidence samples and their containers are not contaminated, disposal of hazardous waste is to be performed in the most cost-effective manner allowed by law (subject to confirmation by the DOJ/BI Clan Lab Coordinator). Under no circumstances shall the Contractor determine the destruction method of contaminated samples without first notifying the DOJ/BI Clan Lab Coordinator so that the DOJ/BI Clan Lab Coordinator can witness the destruction. INCINERATION IS NOT THE

PREFERRED METHOD OF DESTRUCTION.

Preferred disposal methods shall be those that are most cost-effective. In instances where the Contractor must secure the services of a subcontractor, the most appropriate and geographically nearest disposal site available must be utilized to accept the waste for disposal in the manner most cost-effective to DOJ/BI. The Contractor shall assume full responsibility of all actions of the subcontractor, including any billings by the subcontractor for disposal. As well, the subcontractors shall be in compliance of all Department of Toxic Substance Control (DTSC) regulations. The Contractor shall assure DOJ/BI that disposal sites used are approved by federal, state and local governments and are operated with integrity and there are no known pending administrative or judicial actions to restrict their use.

Transportation charges for disposal shall be pro-rated, based upon a specified flat rate per container size/disposal facility. DETONATION IS NOT AN ACCEPTABLE DESTRUCTION

OPTION. THE CONTRACTOR SHALL NOT USE DETONATION AS A MEANS FOR

DESTRUCTION.

Storage: California Health and Safety Code Section 11479 allows for immediate destruction of hazardous and toxic substances; however, on a case-by-case basis, storage of evidence samples (when authorized by DOJ/BI) will be necessary. A secure storage which prevents unauthorized access and/or theft must be maintained and must have a dedicated alarm system to include exterior and interior cameras with motion recordings maintained for a minimum of 180 days, daily exterior inspections, exterior and interior permanent lighting, fire alarm, sprinkler system, fire extinguisher, electrical outlets, auto temperature control turn-on exhaust ventilation fan, pest control and secured parking area at entrance of storage site controlling access to the area. The storage facility shall have three (3) separate secured equal size cages and/or secured room for storage of the samples. The determination of required square footage shall be floor surface, and could include shelving surfaces, not to exceed 10 feet in height. The Contractor shall not destroy evidence until written notification to do so is received from the DOJ/BI Clan Lab Coordinator. All necessary federal, state and local permits to store hazardous waste shall be current for the storage facility - and shall not expire sooner than six (6) months after the award date.

Stored items must be clearly identified. The average storage time for evidence samples is two

(2) to three (3) years. The Contractor shall be responsible for the security and chain-of-custody of evidence while in the Contractor’s possession.

The Contractor must have available an on-site storage area, with twenty-four (24) hour security for the storage of evidence samples. Security alarms and cameras are acceptable as long as they are monitored twenty-four (24) hours a day with response capabilities.

The evidence storage area must be approved by the Clan Lab Coordinator and the DOJ/BI evidence storage area shall be separate from storage areas used by, or for, other agencies.

The storage facility must be alarmed and secured at all times. The alarm securing the evidence storage area shall meet DOJ/BI specifications regarding security. Specifically, electronic controllers and communicators are required to monitor activity to the storage areas.

The controller or equivalent/communicator must be installed with a telephone line to transmit to a central monitoring station which in turn would contact the local fire Department in case of fire and local law enforcement in case of break in. This equipment for intrusion and smoke/fire is required inside the storage facility. The security equipment must be installed within thirty (30) days of the awarded bid. If the correct security equipment is not installed at the time of the inspection, the bid will be rejected. The costs of alarm equipment shall be borne by the Contractor. The Contractor shall be responsible for all costs associated with obtaining needed permits to enable storage of evidence at the approved site.

The Clan Lab Coordinator shall have access to the evidence storage area when needed with prior notification, which would require the presence of an approved Contractor’s employee, 24 hours a day, 7 days a week; however, access to the storage area by the Contractor shall be limited to two (2) of the Contractor’s personnel, the selection of whom shall be mutually agreed upon between the Contractor and the Clan Lab Coordinator.DOJ/BI may at any time, conduct on-site inspections of the Contractor’s facility.

Tracking: The Contractor shall be responsible for following DOJ/BI tracking procedures of the evidence buckets. This process shall be utilized for tracking purposes related to storage, billing and destruction of the evidence buckets to include signed entrance/exit logs of storage area along with clan lab bucket in, out, and destruction logs to include printed clan lab case number labeling.

The DOJ shall at all times maintain control and direction over the scope of work being performed under the agreement. Additionally, the DOJ reserves the right to change the tasks as defined within the general scope of the work to be performed by the Contractor upon Department of General Services (DGS) approval. These changes shall be accomplished by written amendment to the Agreement and shall be mutually agreeable to both parties.

All work shall be done by experts with an established reputation for executing their work by the very best methods. All services shall be subject to inspection by the DOJ at any, and all times during the performance thereof. If through inspection it is determined that the services and/or materials furnished in connection therewith are not in accordance with the terms described, the DOJ may its option have the work performed elsewhere, charging the Contractor with any cost occasioned thereby.

H. Failure to Perform

In the event the Contractor is unable to perform the services contracted for as to quality, quantity, or for any other reason violates the specifications set forth in the agreement, such action shall constitute cause to null and void the agreement.

It is understood and agreed that the DOJ reserves the right to obtain at its discretion the contracted services outside the terms of the agreement.

I. Other Damages

If the Contractor fails in the performance of any of the Contractor’s obligations under this Agreement (such as non-performance, partial performance, inadequate performance, late and/or incomplete performance), the parties agree that damage will be sustained by the Department of Justice.

Therefore, the parties agree that, in addition to other damages, the Contractor will pay to the Department of Justice the actual cost incurred as the result of finding and using another Contractor plus late costs of $50.00 per occurrence. Such costs will be deducted by the Department of Justice from any amounts owed by the Department of Justice to the Contractor. The Department of Justice shall be entitled to take or recover any other rights and remedies under this Agreement or applicable laws, including termination of this Agreement.

J. Qualification Requirements

Failure to meet the following requirements by the bid due date will be grounds for the DOJ to deem a bidder non-responsive. In submitting a bid, each bidder must certify that it possesses the following qualification requirements.

1. Bidder shall provide all personnel, labor, equipment, required materials, tools, supplies, certificates, licenses and/or permits, and insurance necessary to provide Hazardous Waste Storage/Destruction Services. All certificates, licenses and permits shall be current and in effect at the time of the bid, and throughout the term of the agreement.

2. Bidder shall have a regular place of business located within the State of California.

3. BACKGROUND INVESTIGATIONS Before services commence, the DOJ may require the successful bidder and the successful bidder’s employees to submit information for background investigations. The depth of background investigations will depend on the level of access granted to DOJ information, which includes both information DOJ owns, and information provided to DOJ from other agencies, and DOJ facilities. Background investigations may include inquiries into criminal history, employment history, education, finances, DMV records, and insurance coverage. The agreement executed by the DOJ and the successful bidder will include any requirements for background investigations.

4. Bidders must certify their willingness to comply with the Agreement Terms and Conditions addressed in section P of this IFB, entitled “Agreement Terms and Conditions”, including those terms and conditions in the referenced exhibits.

5. (Corporations) Corporations must certify they are in good standing and qualified to conduct business in California.

6. (Nonprofit Organizations) Non-profit organizations must certify they are eligible to claim nonprofit status.

7. Bidders must have a past record of sound business integrity and history of being responsive to past contractual obligations.

8. Before agreement execution, the winning bidder must supply proof of liability insurance that meets the requirements in Exhibit E, entitled “Additional Provisions” that is included in the Sample Agreement Form/Exhibits (STD. 213) section of this IFB.

K. Bid Format and Content Requirements

1. General instructions

a. Each individual or firm may submit only one (1) bid. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) bid, the DOJ will reject all bids submitted by that firm or individual.

b. Develop bids by following all IFB instructions and instructions or clarifications in question/answer notices, clarification notices, or IFB addenda.

c. Before preparing a bid, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood. Agreement increases will not be allowed due to poor examination of work sites and/or specifications.

d. Arrange for timely delivery of the bid package to the specified address. Bidders are advised not to wait until shortly before the bid submission deadline to submit their bid.

2. Bid format requirements

a. Submit one (1) original bid package. All required IFB attachments must be completed and signed, and other required documentation must be provided.

b. Bind bid package with a single staple in the upper left-hand corner.

c. Sign all required IFB attachments preferably blue ink. Have a person who is authorized to bind the bidding firm sign each form that requires a signature. Signature stamps are not acceptable. Incomplete and unsigned bids may be rejected.

3. Bid content requirements

This section specifies the order and content of each bid and where applicable, indicates form/attachment completion instructions.

When completing the attachments, follow the instructions in this section and any instructions appearing on the attachment. Unless otherwise indicated, do not submit supplemental information or other materials that the DOJ has not requested.

After completing and signing the applicable attachments, assemble all items in the order shown below and place them in a sealed envelope/package.

4. Required attachments/documentation

Attachment/Documentation Instructions

1 - Bid Form All bidders must complete, sign and return this form.

Do not submit supplemental cost or rate sheets. Any corrections or changes to the dollar amounts entered on the Bid Form after the amounts are originally inserted must be initialed in ink by the bidder.

2 - Required Attachment & Certification Checklist

All bidders must complete, sign and return this form.

Check each item with “Yes” or “N/A," as applicable, and sign the form. If necessary, explain the choices on a separate sheet of paper.

If a bidder marks “Yes” or “N/A” and attaches an explanation to the checklist to clarify their choice, the DOJ considers this a “qualified response." Any “qualified response," determined by the DOJ to be unsatisfactory or insufficient to meet a requirement, may cause a bid to be deemed non-responsive.

3 - Bid Evaluation Form This form is to be completed by the DOJ employees performing the bid opening and bid evaluation and is not required to be returned.

4 - Client References All bidders must complete and return this form.

Identify three (3) clients serviced within the past five (5) years that can confirm their satisfaction with the bidder’s services. If possible, identify clients whose needs were similar in scope and nature to the services sought in this IFB. List the most recent first.

5 - CCC 04/2017 (Contractor Certification Clause)

All bidders must complete, sign and return this form.

Complete this form indicating a willingness and ability to comply with the Contractor Certification Clauses (CCC) appearing in this attachment.

6 - Darfur Contracting Act Only if applicable, bidders must complete, sign and return this form. Read the form and select the one (1) option that is appropriate for the bidder. If bidder selects option 2, a copy of the written permission from DGS must be included.

7 - Std. 204 (Payee Data Record) All bidders must complete, sign and return this form.

8 - Conflict of Interest & Confidentiality Statement – Vendor

All bidders must complete, sign and return this form.

Read the statement indicating willingness and ability to comply with the statement.

9a - Std. 843 (Disabled Veteran Business Enterprise Declarations)

Submission of this form is required when a certified DVBE contractor or subcontractor will provide materials, supplies, services, or equipment necessary for the performance of the proposed agreement. If submitting, all bidders must complete, sign and return this form.

10a - Small Business Subcontractor/Supplier Acknowledgement

Submission of this form is optional. Read and carefully follow the completion instructions in Attachments 10 and 10a. Complete and return Attachment 10a only if the bidding firm is not a certified small business but is requesting a subcontractor bidding preference by committing to use one or more certified small business subcontractors for an amount equal to at least 25% of the total bid price.

11 - GSPD-05-105 (Bidder Declaration) All bidders must complete, sign and return this form.

Instructions for completing this form are on the second page of this attachment.

12 – DGS OLS 04 – (California Civil Rights Laws Attachment)

Submission of this form is only required from a bidder that submits a bid or proposal to a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more.

13 - Iran Contracting Act Submission of this form is only required from a bidder that submits a bid or proposal to a state agency with respect to any contract in the amount of one million dollars ($1,000,000) or more.

Business License (California Businesses Only)

California businesses must submit a copy of a current business license issued by the governmental jurisdiction in which the business is located.

Submit an explanation if this documentation cannot be supplied or there is reason to believe no license is required.

Proof of Corporation status (Corporations Only)

Corporations must either submit a copy of the bidding firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State or submit a downloaded copy of the bidding firm’s on-line status information from the California Business Portal website of California’s Office of the Secretary of State.

Submit an explanation if this documentation cannot be supplied.

Proof of Non-profit status (Non-profit Organizations Only)

Non-profit organizations must submit a copy of a current IRS determination letter indicating nonprofit or tax-exempt status under United States Code, title 26, section 501(3) (c).

Submit an explanation if this documentation cannot be supplied.

L. Submission of Bids

1. Submission instructions

a. Assemble an original bid package.

b. Place bid package in a single envelope or package. Seal the envelope or package.

c. Mail the bid package to the California Department of Justice, Division of Operations, Contracts and Purchasing Unit. Bids must not be transmitted electronically by email.

d. Regardless of postmark, the DOJ, Division of Operations, Contracts and Purchasing Unit must receive the bid package by the date and time stated in section B of this IFB, entitled “Time Schedule”. NOTE: The DOJ will not publicly open or read late bids.

e. Send an email notification to Mitra Hall at mitra.hall@doj.ca.gov to notify of bid package submission.

f. Label and submit the bid package using one of the following methods.

Overnight Express: U. S. Mail:

IFB # 25-0011-IFB (DO NOT OPEN)

California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Mitra Hall 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6730

IFB # 25-0011-IFB (DO NOT OPEN)

California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Mitra Hall 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6730

g. Bidder warning

1) When mailing the bid package consider using overnight express, certified or registered mail to avoid any unforeseen delays.

NOTE: It is the bidder's responsibility to ensure their bid is received by the DOJ before the bid due date and time. The DOJ is not responsible for bids received after the bid due date and time due to circumstances beyond the DOJ's control.

2. Proof of timely receipt

a. Upon receipt of a bid package, the DOJ staff will stamp each bid package or envelope with a date/time stamp or handwrite date and time and initial.

b. To be timely, the DOJ, Division of Operations, Contracts and Purchasing Unit must receive bid packages at the DOJ mailroom located at 1300 I Street, Sacramento, CA 95814 no later than the date and time stated in section B of this IFB, entitled “Time Schedule” Wednesday, April 16, 2025, 3:00 PM PST.

c. The DOJ shall deem late bid packages non-responsive. Any bid package received after the scheduled closing time for the receipt of bids will be returned unopened.

3. Bidder costs

Bidders are responsible for all costs of developing and submitting a bid package. Such costs cannot be charged to the DOJ or included in any cost element of a bidder’s price offering.

M. Bid Opening

All bid packages properly received according to the IFB instructions on or before the bid due date will be opened and read utilizing Microsoft Teams meeting video conferencing, at the date and time stated in section B of this IFB, entitled “Time Schedule”.

Please contact Mitra Hall at mitra.hall@doj.ca.gov or (916) 210-6730 to obtain a meeting ID and Participant Passcode if you choose to view the bid opening. To view, requesters must have the Microsoft Teams meeting video conferencing application. If unable to view the bid opening, a Microsoft Teams meeting call-in phone number can be provided (audio only).

N. Bid Requirements and Information

1. Non-responsive bids

Except as otherwise stated in this IFB, the following may cause the DOJ to deem a bid non-responsive.

a. Failure of a bidder to:

1) Meet bid format/content or submission requirements including, but not limited to, the sealing and/or labeling of the bid package.

2) Pass the Required Attachment/Certification Checklist review by not marking “Yes” for each item listed or by not appropriately justifying, to the DOJ’s satisfaction, all “N/A” designations.

b. If a bidder submits:

1) A bid that is conditional, materially incomplete or contains material alterations or irregularities of any kind to include obvious erasures.

2) Price information that contradicts the price/cost figures on the Bid Form (Attachment 1) or submits cost information in a format contrary to the IFB instructions.

3) False, inaccurate, or misleading information or falsely certifies compliance on any IFB attachment.

c. The DOJ discovers at any stage of the bid process or upon agreement award that a bidder is unwilling or unable to comply with the agreement terms, conditions and/or exhibits cited in this IFB and/or the resulting agreement.

d. Other irregularities occur in a bid that are not specifically addressed herein (i.e., the bidder places any conditions on performance of the Statement of Work, submits a counteroffer/proposal, etc.). Any deviation from the specifications may be cause for rejection of the bid.

2. Bid modifications after submission

a. All bid packages are to be complete when submitted. However, an entire bid package may be withdrawn, and the bidder may resubmit a new bid package.

b. To withdraw and/or submit a new bid package, follow the instructions appearing in section

N of this IFB, entitled “Bid Requirements and Information”, paragraph 4.

3. Bid mistakes

If prior to agreement award, award confirmation, or agreement signing, a bidder discovers a mistake in their bid that renders the bidder unable or unwilling to perform all Statement of Work services for the price/costs offered, the bidder must immediately notify the DOJ and submit a written request to withdraw its bid following the procedures set forth in section N of this IFB, entitled “Bid Requirements and Information”, paragraph 4, b.

4. Withdrawal and/or resubmission of bids

a. Withdrawal deadline

A bidder may withdraw its bid prior to the bid due date and time stated in section B of this IFB, entitled “Time Schedule”.

b. Submitting a withdrawal request

1) Submit a written withdrawal request signed by an authorized representative of the bidder.

2) Label and submit the withdrawal request using one of the following methods.

U.S. Mail: Overnight Express:

Withdrawal IFB # 25-0011-IFB California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Mitra Hall 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6730

Withdrawal IFB # 25-0011-IFB California Department of Justice Division of Operations Contracts and Purchasing Unit Attn: Mitra Hall 1300 I Street, Suite 820 Sacramento, California 95814 Phone: (916) 210-6730

E-mail:

Withdrawal IFB # 25-0011-IFB Mitra.hall@doj.ca.gov

A written and signed withdrawal request is generally required before the DOJ will return/release a bid package to a bidder. The DOJ may grant an exception if the bidder informs the DOJ that the bidder will submit a new or replacement bid package immediately following the withdrawal.

c. Resubmitting a bid package

After withdrawing a bid package, bidders may submit a new bid package according to the submission instructions. Replacement bid packages must be received at the stated place of delivery by the due date and time stated in section B of this IFB, entitled “Time Schedule”.

5. Evaluation and selection

This section describes, in general, the process that the DOJ will use to evaluate timely bid packages.

a. Bid opening/reading

All bid packages properly received according to the IFB instructions on or before the bid due date and time will be opened, read, and recorded.

b. Bid package review

1) After the bid opening and reading, bids are submitted to the Division of Operations

(OPS), Contracts and Purchasing Unit (CPU) for review and evaluation. Two or more CPU evaluators will convene to review each timely bid package to confirm its responsiveness to the IFB requirements. This is a pass/fail evaluation.

2) If deemed necessary by the DOJ, additional bidder documentation may be collected to confirm the claims made by each bidder and to ensure that each bidder is responsive to all IFB requirements.

3) If the materials submitted by a bidder do not prove, support, or substantiate the claims made on Attachment 2 titled, “Required Attachment/Certification Checklist”, the bid will be deemed non-responsive and rejected from further consideration.

4) If applicable, the DOJ will adjust bid amounts for any claimed preference following confirmation of eligibility with DGS.

c. Notice of Intent to Award

1) The DOJ will post a Notice of Intent to Award letter as soon as possible after the bid opening and bid evaluation. An email will be sent to all bidders the day the letter is posted. The Notice of Intent to Award letter will be posted in the DOJ lobby located at 1300 I Street, Sacramento, California 95814. If you are unable to view the letter in person, you can request a copy via email from Mitra Hall at mitra.hall@doj.ca.gov.

6. Agreement award and protests

a. Agreement award

1) Award of the agreement, if awarded, will be to the responsive and responsible bidder who offers the lowest cost. The lowest cost will be determined after the DOJ adjusts bidder costs for applicable preferences and/or incentives.

b. Settlement of tie bids

1) In the event of a precise tie between the lowest responsive bid submitted by a certified small business or microbusiness and the lowest responsive bid submitted by a certified Disabled Veteran Business Enterprise (DVBE) that is also a certified small business or microbusiness, the agreement will be awarded to the DVBE bidder that is also a certified small business or microbusiness under Government Code Section 14838 subdivision (g).

2) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted small business subcontractor preference and the lowest responsive bid submitted by a certified small business or microbusiness, the agreement will be awarded to the certified small business or microbusiness.

3) In the event of a precise tie between the lowest responsive bid submitted by a nonprofit veteran service agency (NVSA) that is a certified small business or microbusiness and the lowest responsive bid submitted by a certified DVBE that is also a certified small business or microbusiness, the agreement will…