25-10296_Solicitation_and_Exhibits.pdf

ERICA PAN, MD, MPH, FAAP GAVIN NEWSOM

Director and State Public Health Officer Governor

State of California—Health and Human Services Agency California Department of Public Health

September 9, 2025

Invitation for Bid 25-10296 Hazardous Waste Removal

You are invited to review and respond to this Invitation for Bid (IFB), entitled Hazardous Waste Removal, 25-10296. The anticipated term of this contract is from December 1, 2025 to November 30, 2028. In submitting your bid, you must comply with the instructions found herein.

California Law requires Disabled Veteran Business Enterprise (DVBE) participation. CDPH policies require DVBE participation of 3-percent on all contracts exceeding $5,000. All Proposers, including out-of-state firms, must comply with California’s DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

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

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

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of Department of Public Health (CDPH), this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

California Department of Public Health Attn: David Silva Centralized Contract Services Unit 1616 Capitol Avenue, MS 1802 Sacramento, CA 95814 Phone: 279-732-2411 Fax: 916-650-0110 Email address: david.silva@cdph.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.

~ DPH ~ California Department of .. Public Health https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC

California Department of Public Health Facilities Management Section (FMS) IFB 25-10296

Table of Contents

PURPOSE AND DESCRIPTION OF SERVIC . .... E

1. Purpose

2. Description of Services

BIDDER MINIMUM QUALIFICATIONS

BID REQUIREMENTS AND INFORMATION

1. Key Action Dates

2. Submission of Bid

3. IFB Response Requirements

4. Bid Opening Location

5. Evaluation and Selection

6. Award and Protest

7. Disposition of Bids

8. Agreement Execution and Performance

USE OF GENAI

PREFERENCE PROGRAMS

1. California Certified Small Business and Preference(s) Information

2. Target Area Contract Preference Act

3. Combined preferences

4. Commercially Useful Function

BUSINESS PARTICIPATION PROGRAM REQUIREMEN . T

1. Disabled Veteran Business Enterprise (DVBE) Incentive

2. DVBE Compliance and Verification

3. CDPH Advocate

SUBCONTRACTORS

REQUIRED ATTACHMENTS

SAMPLE AGREEMENT

A)_ ___________ _ fil ----------c

Q_)_ ___ _ fl ______ _

El ______________ _

G} ill ______ _

ATTACHMENTS

Attachment 1 Bidder Cover Page Attachment 2 Required Attachment / Certification Checklist Attachment 3 CDPH Bidder Qualifications Checklist (Sample) Attachment 4 Business Contact Sheet Attachment 5 Business Information Sheet Attachment 6 Payee Data Record and Supplement (STD 204 & 205) Attachment 7 Bidder Declaration (GSPD-05-106) Attachment 8 Contractor Certification Clauses (CCC 04/2017) Attachment 9 Bidder References Attachment 10 Commercially Useful Function (CUF) Certification Attachment 11 Disabled Veteran Business Enterprise Declarations Attachment 12 Darfur Contracting Act Attachment 13 California Civil Rights Attachment Attachment 14 Target Area Contract Preference Act (TACPA)

EXHIBITS

STD 213 Sample Agreement Exhibit A Scope of Work Exhibit B Budget Detail and Payment Provisions Exhibit B-1 Cost Sheet Exhibit D Special Terms and Conditions Exhibit E Additional Provisions Exhibit F Staff Resumes Exhibit G Contractor’s Release

PURPOSE AND DESCRIPTION OF SERVICES

1. Purpose

The California Department of Public Health (CDPH), Program Support Division, Facilities Management Area (Richmond Campus), is soliciting bids from qualified bidders to provide hazardous waste removal. CDPH intends to make a single contract award to the most responsive and responsible firm offering the lowest cost.

Contractor shall provide all required labor, equipment, transportation and materials (including drums, packing materials, and labels) necessary to package, label, transport, and properly dispose of or recycle the Department’s hazardous waste. Contractor also agrees to provide immediate local response to a hazardous waste emergency whenever it is deemed necessary by the CDPH Project Representative.

Hazardous waste is defined as any substance or material that:

• Is regulated due to listing or identification as defined in 40 Code of Federal Regulations (CFR), Part 261, Subparts A, B, C, and D, or meets the definition of a waste as defined in Section 66261.2, Title 22, and Title 26 California Code of Regulations (CCR).

• Is not excluded from classification as a waste or hazardous waste under:

o Health and Safety Code Sections 25143.2(b) and 25143.2(d).

o Title 22 Section 66261.4.

• Meets any of the criteria listed in:

o Section 66261.3, Title 22, CCR.

Sources include hazardous waste generated as a result of routine maintenance and daily operations at CDPH’s laboratories (including lead- or asbestos-containing samples from testing labs), laboratory operations, any hazardous waste generated as a result of emergency response clean-up and corrective action orders issued by the appropriate regulatory agency, operations or activities that generate any retrograde materials, and waste materials containing asbestos in a form or of a type subject to hazardous waste management and disposal laws.

2. Description of Services

Contractor shall perform the following services:

A. Upon request from the CDPH Project Representative or designee, the Contractor shall pick up hazardous waste at the Richmond facility three (3) times per fiscal year with the option of a fourth (4th) pick up, if necessary. Contractors shall check in at

A) the Main Security Gate and contact the CDPH Project Representative prior to the beginning of work.

B. Hazardous waste shall be profiled, segregated, packed, and labeled in accordance with the United States (U.S.) Department of Transportation (DOT), U.S. Environmental Protection Agency (EPA), and California Department of Toxic Substances Control (DTSC) regulations. Each container must be properly identified with respect to its chemical contents and other notations required by law by clearly marking the information on each container.

C. Extremely hazardous waste must be packed separately in containers. Materials that may be chemically incompatible at ambient temperatures or other conditions, such as moisture or pressure buildup, must be packed appropriately.

D. The contractor shall appropriately package, label, transport, load, unload, and dispose of reactive materials as required.

E. The contractor must arrange for hazardous waste to be properly packed, labeled, and transported to a Treatment, Storage, and Disposal Facility (TSDF) or sent to a recycling facility within forty-five (45) days of the date a hazardous waste log is provided to contractor for profiling and waste transport/disposal planning.

F. The contractor shall replace containers that are picked up by the Contractor for disposal prior to leaving the facility with like containers (i.e., size, material, etc.) if requested, except for those containers which are previously identified in the hazardous waste log as not required for replacement.

G. The contractor shall properly deliver hazardous waste to a treatment or disposal facility in compliance with federal and State of California EPA regulations. Offsite movement of materials must conform to regulations of U.S. DOT, U.S, Department of Energy (DOE), federal and state EPA, as applicate, etc.

H. Prior to the commencement of routine hazardous waste removal services, the contractor shall conduct an initial clean-up of CDPH’s hazardous waste storage facilities. This process involves thoroughly assessing and removing any existing hazardous materials to ensure the area is safe and compliant with federal and state environmental regulations. The clean-up shall include, but is not limited to:

a. Assessing the current state of the storage facilities and identifying areas that require cleaning and reorganization.

b. Removing any accumulated hazardous waste and ensuring that all waste is appropriately packaged, labeled, and documented in accordance with applicable regulations.

c. Cleaning the storage areas to ensure they are free from spills, leaks, or any hazardous residues.

d. Cleaning up the dirt and dried waste build-up from the flooring under the grates.

e. Inspecting and ensuring that all storage containers are in good condition and meet regulatory requirements.

f. Providing CDPH with a detailed report of the initial clean-up activities, including any recommendations for improvements or necessary repairs to the storage facilities.

g. The contractor shall coordinate with the CDPH Project Manager and the CDPH Project Representative to schedule the initial clean-up activities and ensure minimal disruption to ongoing operations at the facility.

h. The initial clean-up must be completed within ninety (90) days of the contract start date.

I. The contractor agrees to provide support and consultation services in classifying and handling existing and new types of waste encountered by CDPH. These services will be provided as part of the routine services, and the vendor shall not charge additional fees for these tasks. This assistance includes, but is not limited to:

a. Providing technical consultation and recommendations, risk assessments (including onsite evaluations, when necessary), communication, and interfacing with appropriate governing authorities.

b. Providing information on how to classify new waste streams.

c. Identifying and communicating to CDPH the relevant regulations and guidelines applicable to the waste.

d. Providing CDPH Project Representative with new and improved storage, packing, and labeling methodologies, as they become available.

e. Providing written summaries of the above support and consultation services, as per Section M, of this exhibit, below.

J. The contractor must provide immediate local response to a hazardous waste emergency at any time an emergency response is deemed necessary by the CDPH Project Representative or designee. Immediate response to an emergency will be required within twenty-four (24) hours. Otherwise, emergency response/clean-up shall be completed as required by the governing authority (City, County, State or Federal Agency). Emergency response shall include all materials, equipment, labor, and transportation necessary for clean-up, removal, and disposal of the hazardous waste.

Emergency response services may include the following:

a. Professional service for consultations and recommendations, risk assessment, and interfacing with the appropriate governing authorities.

b. Technical services for sampling, testing, analysis, labeling, containment, transportation, and disposal.

c. Examples of spills that could occur on the Richmond Campus in laboratories or plant operations include:

i. Mercury thermometer breaks.

ii. Leaks in the aboveground petroleum storage tank (max vol 3525 gal).

iii. A natural disaster (e.g., earthquake, flood, fire, etc.) where containers in the chemical storage area, chemical hazardous waste central accumulation area, or laboratories may break and release their contents.

NOTE: As a Small Quantity Generator (SQG), CDPH would have a maximum of 6000 kg (6000 L or 13,228 lbs.) of chemical hazardous waste onsite at any one time. Additionally, the campus non-waste chemical content is estimated to be <15,000 kg, some of which may require being cleaned up as waste material following a natural disaster.

K. All activities associated with the proper management, disposal, and recycling of the Department's hazardous waste must adhere to all applicable federal and state laws and regulations.

a. California Hazardous Waste Control Law.

b. California Health and Safety Code Sections 25100-25250.

c. Applicable regulations contained in the most recent versions of Title 22, CCR, including the 2024 California Generator Improvements Rule.

d. Federal Resource Conservation and Recovery Act of 1976, United States Code, Title 42, Sections 6901-6987.

e. Associated amendments, including the Hazardous and Solid Waste

Amendments of 1984.

f. Comprehensive Environmental Response, Compensation, and Liability Act of

1980.

g. Superfund Amendments and Reauthorization Act of 1986.

h. Appropriate regulations contained in the most recent version of Title 40, Code of Federal Regulations.

L. Emergency clean up services shall include all labor, tools, equipment, service vehicle, transportation, and all other changes, except for the hazardous waste material disposal and supplies that shall be charged at the rates listed in Exhibit B, Attachment I, Budget Cost Worksheet.

M. The contractor will provide comprehensive written documentation pertaining to all risk assessments, evaluations, and guidance provided to the CDPH Project Representative. This documentation must include detailed descriptions of the methodologies used, findings from the assessments, evaluations of potential risks and their impacts, and recommendations for mitigating identified risks. Additionally, the contractor must ensure that all documentation is clear, concise, and submitted in a timely manner, adhering to the specified deadlines outlined by the Project Representative.

N. Overtime may NOT be charged for any reason.

O. If financial, administrative, or public proceedings on the subject matter addressed within this contract occur, the Contractor shall make competent experts available to testify on the matter of this contract at the hourly rate specified on the Exhibit B, Attachment I, Budget Cost Worksheet, page three (3).

The amount budgeted for this agreement shall not exceed $900,000.00 (***Nine Hundred Thousand Dollars and Zero Cents***). Any bids over this amount will be deemed non-responsive.

BIDDER MINIMUM QUALIFICATIONS

The following minimum requirements refer to the actual person(s) who will be conducting the

B) above-mentioned services. Responses must contain all requested information and conform to the format described in Section C.3 – IFB Response Requirements. It is the Bidders responsibility to provide all necessary information for the State to evaluate the response, verify requested information and determine the Bidders ability to perform the tasks and activities as defined above in paragraph A. 2, and the Exhibit A – Scope of Work. Please supply enough detail to clearly establish that the individual(s) meet the four (4) minimum qualifications listed below:

Number Qualification

1 Provide three or more consecutive years of experience performing requested services or in a similar setting as described above. All experience must have occurred within the past five years. Bidders must have a past record of sound business integrity and history of being responsive to past contractual obligations.

2. The Contractor shall have the ability to provide the services as described in the Scope of Work.

3 Provide a list of 3 references for projects of similar size and scope of work. Please include a contact name, phone number and email address for each company listed.

4 Provide a copy of a contractor’s license and approved hazardous substance removal certification.

BID REQUIREMENTS AND INFORMATION

1. Key Action Dates

It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Key Action Dates Date(s) Time Release Date of IFB Tuesday, September 9th, 2025 by 5 PM (PT) Questions Due Tuesday, September 16th, 2025 by 3 PM (PT) Question/Answer Summary Posted

Tuesday, September 23rd, 2025 by 5 PM (PT)

Bid Due Date Tuesday, September 30th, 2025 by 3 PM (PT) Bid Opening Wednesday, October 1st , 2025 at 10 AM (PT) Notice of Intent to Award Tuesday, October 7th, 2025 by 5 PM (PT)

C)

Anticipated Contract Start Date Monday, December 1st, 2025, or upon final DGS approval, whichever is later.

a. The term of the agreement shall be December 1, 2025, or upon final DGS approval, whichever is later, through November 30, 2028. CDPH reserves the right to amend the agreement when CDPH determines that the term needs to be extended for time only for one year, or additional funding only is needed but in which case shall not exceed 30% of the cost of the agreement. The same hourly or unit rate(s) as agreed upon by the parties in the agreement shall be applied to the amendment. Consideration to amend shall be consistent with the terms of the original offer that was assessed and considered during the IFB assessment process. Contract amendments are subject to the satisfactory performance of the Contractor under the agreement and funding availability.

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

b. In the opinion of CDPH, this Invitation for Bid (IFB) is complete and without need of explanation. If CDPH receives questions regarding the content of this IFB, all questions must be typed, numbered, and submitted electronically via email to david.silva@cdph.ca.gov. All questions must be received on or before the date and time detailed under Section C.1 – Key Action Dates. Questions submitted by this date may be answered at the State’s discretion. Answers will be made available as an addendum under the solicitation for posting for general access. Questions received after the due date will not be considered.

2. Submission of Bid

a. All bids must be submitted under sealed cover and sent to Department of Public Health, Centralized Contract Services Unit by dates and times shown in Section C, Bid Requirements and Information, Item 1. Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", and mailed or delivered to the following address:

b. Bids not submitted under sealed cover may be rejected. A minimum of three (3) copies of the bid must be submitted along with an electronic USB.

c. All bids shall include the documents identified in this IFB as Required Attachment Checklist (see Attachment 2). Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

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

e. 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.

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

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

h. An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

i. 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.

j. A bidder may withdraw its bid by submitting a written withdrawal request to the State, IFB # 25-10296 Hazardous Waste Removal Attention: David Silva

Department of Public Health 1616 Capitol Avenue MS 1802 Sacramento, CA 95814

DO NOT OPEN UNTIL PUBLIC OPENING

TIME SENSITIVE BID

signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

k. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

l. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

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

n. Where applicable, bidder should carefully examine work sites and specifications.

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

o. The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract- Language?search=GTC.

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

q. Bidder must complete and submit to the awarding agency the Payee Data Record (STD 204) and, if necessary, Payee Data Record Supplement (STD 205), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. These forms can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf and http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf,respectively. No payment shall be made unless a completed STD 204 and STD 205 (if necessary) has been returned to the awarding agency.

r. Bidder must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at: Standard Contract Language (ca.gov).

3. IFB Response Requirements https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://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

The Respondent’s response to this IFB will be made part of the agreement resulting from this IFB (as described in Exhibit E). Responses must contain all requested information and conform to the format described in this section. It is the Respondent’s responsibility to provide a detailed response, all necessary information for the State to evaluate the response, verify requested information, and determine the Respondent’s ability to perform the tasks and activities as defined in Exhibit A – Scope of Work (SOW), the qualification stated in Section B of this solicitation, and the terms and conditions detailed herein. The following contents must be included with your response:

a. Provide a detailed response to requested services identified in Exhibit A, Scope of Work. Additionally, responses should outline how a vendor meets the criteria detailed in Section B of this Solicitation. This response should not be any longer than ten (10) typed pages in minimum 11-point font.

b. Complete and return Exhibit B-1 Cost Worksheet.

c. A copy of the resume for each identified member of the contractor’s team, detailing experience meeting the State’s requirements (Attachment F– Bidder’s Proposed Staff Resumes). (If needed by program)

d. List of references (Attachment 9 – Bidder References) for projects of similar size and scope. Please include a contact name, phone number, and email address for each company listed.

e. Provide a current copy of your Small Business certification status with the Department of General Services, Office of Small Business Certification and Resources (OSBCR).

f. Submit a copy of a valid business license to do business in California. If applicable, provide a copy of a contractor’s license.

g. Provide a copy of insurance as referenced in Exhibit E.

h. Complete, sign and return the following:

1) Attachment 2 – Required Attachment Checklist

2) Attachment 4 – Bidder Contact Sheet

3) Attachment 5 – Business Information Sheet

4) Attachment 6 - STD 204 Payee Data Record &, if necessary, STD 205 Payee Data Record Supplement

5) Attachment 7 – Bidder Declaration Form (GSPD-05-106)

6) Attachment 8 - Contractor Certification Clauses (CCC 04/2017)

7) Attachment 9 – Bidder References

8) Attachment 10 – Commercially Useful Function (CUF) Certification

9) Attachment 11 – Disabled Veteran Business Enterprise Declarations (STD 843), if necessary

10) Attachment 12 - Darfur Contracting Act Form (DGS PD 1)

11) Attachment 13– California Civil Rights Laws Attachment

12) Attachment 14 – Target Area Contract Preference Act (TACPA) Preference Forms, if necessary

4. Bid Opening Location

California Department of Public Health 1616 Capitol Avenue, Room TBD Sacramento, CA

5. Evaluation and Selection

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

b. The State will evaluate each bid to determine its responsiveness to the published requirements.

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

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

e. In the event of a tie score, the award will be determined by a coin toss. The coin toss will be held in the State Agency’s headquarters area office. This is a public event, California Law requires Disabled Veteran Business Enterprise (DVBE) participation.

CDPH policies require DVBE participation of 3-percent on all contracts exceeding $5,000. All Proposers, including out-of-state firms, must comply with California’s DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

which the bidders will be invited to attend. The selection of the Contractor will be at the sole discretion of the State.

6. Award and Protest

a. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

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

c. If any bidder, prior to the award of agreement, files a protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the Department of Public Health on the grounds that the (protesting) bidder is the lowest responsive, responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

d. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

7. Disposition of Bids

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

b. Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.

8. Agreement Execution and Performance

a. Performance shall start not later than 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.

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

USE OF 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.

PREFERENCE PROGRAMS

The following Preference Programs can be applied for qualifying bidders.

1. California Certified Small Business and Preference(s) Information

SMALL BUSINESS PREFERENCES AND CERTIFICATION

Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation.

D)

E)

Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date and the OSDS must be able to approve the application as submitted.

Questions regarding certification should be directed to the OSDS at 916-375-4940.

SMALL BUSINESS REGULATIONS

The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section1896 et seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 9/09/04. The new regulations can be viewed at https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business- Disabled-Veteran-Business-Enterprise. Access the regulations by clicking on the “Small Business California Code of Regulations” in the Authority section. For those without internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services (OSDS) at 916-375-4940.

SMALL BUSINESS PARTICIPATION REPORTING REQUIREMENTS

Per Government Code 14841, if a contract/purchase order is awarded from this solicitation with a commitment from the prime bidder to achieve small business participation, the contractor must within sixty (60) days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) report to the awarding department the actual percentage of small business participation achieved.

NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE

A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California Certified small business subcontractor participation. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation.

If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one of more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4). The required list of California certified small business subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted.

Questions regarding certification should be directed to the OSDS at 916-375-4940.

2. Target Area Contract Preference Act

a. Government Code (GC) Section 4530 (TACPA) provide that California based companies shall be granted a 5% preference whenever a state agency prepares a solicitation for services in excess of $100,000. The preference(s) shall apply if the worksite is not fixed by the government agency and the proposer can demonstrate and certify, under the penalty of perjury, that at least 90% of the total labor hours required to perform the services shall be performed at an identified worksite located in a distressed area (TACPA). TACPA preferences will only be applied if this procurement results in more than one responsive proposal receiving a passing narrative proposal score.

b. Additional work force preferences ranging from 1% to 4% can be earned by eligible proposers that agree to hire 5% to 20% of persons with a high risk of unemployment or those living in a targeted employment area to perform a specified percentage of the contract work.

c. The granting of TACPA preference cannot displace an award to a certified small business.

d. Proposers seeking TACPA preference must submit a completed STD 830 - Target Area Contract Preference Act Request, Bidders Summary (DGS-PD-526) and Manufacturers Summary (DGS-PD-525) with their proposal. Complete Attachment 15.

e. TACPA preference cannot be granted if:

1) The lowest proposed cost does not equal or exceed $100,000 for the entire term, or

2) The work site or any part thereof is fixed or preset by the State, or

3) The services involve construction or a public works project or

f. A proposer who has claimed a TACPA preference and is awarded the contract will be obligated to perform in accordance with the preference(s) requested, provided the preference was granted in obtaining the contract. Firms receiving preference must:

1) Report their labor hours to the State and

2) Reference the state contract on which the award is based for the specific reporting requirements.

g. Proposers wishing to learn more about TACPA requirements, designated work site(s) or in California should contact the appropriate office of the Department of General Services at tacpa@dgs.ca.gov. DGS will attempt to determine TACPA eligibility within 5 working days.

3. Combined preferences

The maximum preference or score addition that any proposer may be granted for preference, non-small business subcontractor preference, DVBE Incentive, TACPA preference, preference combined is 15% of the bid amount or $100,000, whichever is less.

Any firm that claims and is granted non-small business subcontractor preference, DVBE Incentive, TACPA preference cannot displace an award to a certified small business or microbusiness.

4. Commercially Useful Function

Only State of California, Office of Small Business and DVBE Services certified DVBEs who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

Definition of Commercially Useful Function: California Code of Regulations, Title 2, § 1896.61(l) The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all the following:

A. Is responsible for the execution of a distinct element of the work of the contract.

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

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

D. Is responsible, with respect to products, inventories, materials and supplies required mailto:tacpa@dgs.ca.gov for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable and making payment.

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

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

The CDPH Advocates listed herein can be contacted to provide assistance in identifying DBVE vendors that may perform a commercially useful function applicable to the scope of this solicitation.

BUSINESS PARTICIPATION PROGRAM REQUIREMENTS

1. Disabled Veteran Business Enterprise (DVBE) Incentive

This Agreement is subject to a participation goal of three percent (3%) certified California Disabled Veteran Business Enterprises (DVBE) as set forth in Public Contract Code Sections 10115, et seq. Further information found at https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business- Disabled-Veteran-Business-Enterprise.

In accordance with section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who exceed the DVBE program requirement. 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-05-106 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

The following incentive award will apply. Incentive points will be applied to the non-cost points section for evaluation purposes.

California Law requires Disabled Veteran Business Enterprise (DVBE) participation. CDPH policies require DVBE participation of 3-percent on all contracts exceeding $5,000. All Proposers, including out-of-state firms, must comply with California’s DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

F) https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

Confirmed DVBE Participation of: DVBE Incentive 5% or Over 5%

4% to 4.99% Inclusive 3% 3.5% to 3.99% Inclusive 1%

For awards based on low price, the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the lowest responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses.

An explanation of the Disabled Veteran Enterprise Program (DVBE) Incentive can be found at the Internet web site DVBE Program Requirements - DGS.CA.gov.

2. DVBE Compliance and Verification

Written Confirmation:

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

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

Disabled Veteran Business Enterprise Declarations (Std. 843):

Per the Military and Veterans Code Section 999.2, this form must be completed and signed by all disabled veteran owner(s) and disabled veteran manager(s) when a DVBE contractor or subcontractor will provide materials, supplies, service, or equipment. The completed form should be included with the bid response. Should the form not be included with the IFB, contact the State contracting official to obtain a copy online from the Department of General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS) website at Office of Small Business and Disabled Veteran Business Enterprise Services (ca.gov) .

At the States’ option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

https://www.dgs.ca.gov/-/media/8B524DA41A3E46B3ADBC69D8D7725E02.ashx https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise-Services?search=office%20of%20small%20business https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise-Services?search=office%20of%20small%20business

DVBE Subcontractor Substitution

The supplier understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran business Enterprise (DVBE) subcontractor(s) identified in their bid offer, per Military and Veterans Code section 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC section 999.9; Public Contract Code (PCC) section 10115.10.

3. CDPH Advocate

CDPH Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors. If you need additional information, contact the CDPH SB/DVBE representative:

Terry Thomas sbdvbe@cdph.ca.gov

SUBCONTRACTORS

All subcontractors identified in the bid, must be experts in their field and capable of performing the tasks for which they are hired to do. If awarded the agreement, the Contractor must identify all of the SB/MB and Disabled Veteran Business Enterprise (DVBE) firms identified on the SB/DVBE Participation Summary and must be identified in the Bidder’s submission of Attachments Bid Form Budget Detailed Worksheet and should also reference back to the activities being performed in Exhibit A, Scope of Work. (i.e., Subcontractor name: Exhibit A, Paragraph 5. D. 3-5.)

The CDPH reserves the right to approve substitutions of subcontractors, as long as, certified business participation levels remain unchanged.

REQUIRED ATTACHMENTS

Refer to the following pages for additional Required Attachments that are a part of this solicitation.

G)

H) mailto:sbdvbe@cdph.ca.gov

SAMPLE AGREEMENT

The following represents a sample of the agreement that will be awarded, if any, from this IFB.

Please review it carefully and present any questions in writing to the contact person identified on the cover letter for this IFB.

I)

California Department of Public Healthh

ATTACHMENT 1 – PROPOSAL COVER PAGE

Name of Bidding Firm (Legal name as it will appear on the contract)

Mailing Address (Street address, P.O. Box, City, State, Zip Code)

Person authorized to act as the primary contact for matters regarding this proposal:

Printed Name (First, Last): Title:

Telephone number: Fax number: Email address

Person authorized to obligate this firm in matters regarding the resulting contract:

Printed Name (First, Last): Title:

Telephone number: Fax number: Email address

(CORPORATIONS) Name/Title of person authorized by the Board of Directors to sign all proposal documents on behalf of the Board:

Printed Name (First, Last): Title:

Signature of Vendor or Authorized Representative Date:

ATTACHMENT 2 – REQUIRED ATTACHMENT / CERTIFICATION CHECKLIST

Complete this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned.

Confirmed by Bidder

Qualification Requirements. I certify that I meet the following qualification requirements:

Yes No

My firm has read and is willing to comply with the terms, conditions, and contract exhibits addressed in the IFB section entitled, “Contract Terms and Conditions”.

Yes No N/A

(Corporations) My firm is in good standing and qualified to conduct business in California. [Check “N/A” if not a Corporation.]

Yes No N/A

(Nonprofit Organizations) My firm is eligible to claim nonprofit status.[Check…