25-C0001_IFB.pdf

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Attached to
Tarpaulin Testing
Solicitation number
0000034087
Issued by
California

About this file

This is an Invitation for Bid (IFB) issued by the California Department of Pesticide Regulation (DPR) for tarpaulin testing services under Contract #25-C0001. The contractor will analyze collected tarpaulins in response to suspected inadequate performance during field applications, testing them for compliance and effectiveness to determine if potential violations occurred. The work includes collecting samples from fresh tarp rolls and field fumigations, measuring Mass Transfer Coefficient (MTC) under ambient and high humidity conditions, and providing detailed reports within 30 days of sample receipt. The contract term is approximately 36 months, expected to begin in July 2025. Key dates include: advertisement on January 29, 2025; written questions due February 12, 2025; bid submissions due February 26, 2025; virtual bid opening on February 28, 2025; and intent to award posting on March 10, 2025.

The maximum budget for this contract is $450,000 over three years, subject to fund availability and DPR approval. The contract includes preferences for Small Business (SB) participation with a 5% bid preference for certified small businesses or non-SB contractors subcontracting 25% to certified SBs. Additionally, there is a Disabled Veteran Business Enterprise (DVBE) incentive ranging from 3-5% based on DVBE participation levels. Bidders must submit two electronic copies via email - one containing cost information and another containing all other required documentation. The contract will be awarded to the lowest cost responsive responsible bidder meeting all IFB requirements.

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Invitation for Bid

Tarpaulins Testing

CONTRACT #25-C0001

SECTION I OVERVIEW _______________________________________________1

GENERAL INFORMATION__ _________________________________________1

DPR CONTACT____________ _________________________________________1

SERVICE NEED____________ _________________________________________1

CONTRACT BUDGET______ _________________________________________1

CONTRACT TERM________ _________________________________________1

PROCESS TYPE____________ _________________________________________1

PROCESS SCHEDULE_______ _________________________________________2

SECTION II RULES AND CONDITIONS ___________________________________3

INTRODUCTION _____________________________________________________3

COMMITMENT _____________________________________________________3

ANTITRUST CLAIMS _______________________________________________3

CONTRACTOR’S COST _______________________________________________3

INFORMATION _____________________________________________________4

WRITTEN INQUIRIES _______________________________________________4

ADDENDA ___________________________________________________________4

MODIFICATION OF SUBMITTALS ___________________________________4

ERRORS IN SUBMITTALS _________________________________________4

NEGOTIATING STATE CONTRACTS ___________________________________5

ELECTRONIC WASTE RECYCLING ___________________________________5

USE TAX ___________________________________________________________5

SMALL BUSINESS (SB) PREFERENCE ___________________________________5

SUBCONTRACTORS _______________________________________________5

INELIGIBLE BUSINESSES _________________________________________5

LOSS LEADER___________ _________________________________________6

DARFUR CONTRACTING ACT _________________________________________6

CALIFORNIA CIVIL RIGHTS LAWS_____________________________________6

GEN AI DISCLOSURE _____________________________________6

SECTION III BID SUBMITTAL REQUIREMENTS _______________________7

INTRODUCTION _____________________________________________________7

DEADLINE ___________________________________________________________7

ADDRESSING _____________________________________________________7

NUMBER OF COPIES _______________________________________________7

QUALIFICATION AND RESOURCES ___________________________________7

REFERENCES _____________________________________________________8

ORGANIZATION _____________________________________________________8

CONTRACT ELIGIBILITY _________________________________________8

LICENSES ___________________________________________________________8

COST BREAKDOWN _______________________________________________9

SMALL BUSINESS (SB) PARTICIPATION _____________________________9

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION _9

SECTION IV EVALUATION AND SELECTION __________10

INTRODUCTION _________________10

GROUNDS FOR REJECTION _________________10

BID OPENING _________________10

AWARD OF AGREEMENT _________________10

REJECTION OF AWARD _________________10

BIDDER NOTIFICATIONS _________________10

NOTICE OF INTENT TO AWARD _________________11

PROTEST OF AWARD _________________11

SECTION V DESCRIPTION OF WORK __________12

INTRODUCTION ____________12

WORK TO BE PERFORMED ____________12

CONTROL OF WORK ____________12

SECTION VI DEFINITION OF TERMS 13

ATTACHMENTS ____________

Bid Sheet _________________________________________________ (Attachment A) Bidder Declaration _________________________________________ (Attachment B) Contractor Status Form _____________________________________ (Attachment C) Client References __________________________________________ (Attachment D) Darfur Contracting Act _____________________________________ (Attachment E) California Civil Rights Laws__________________________________ (Attachment G) Bid Completion Checklist ___________________________________ (Attachment H) GenAI Disclosure & Factsheet _______________________________ (Attachment J)

SECTION I OVERVIEW

General Information The Department of Pesticide Regulation’s (DPR) mission is to protect human health and the environment by regulating pesticide sales and use, and by fostering reduced-risk pest management. For more information on the Department and its program, please see our Web site, www.cdpr.ca.gov.

DPR Contact

Department of Pesticide Regulation Attn: Sheryl Stillwell, MS 4A Phone: (916) 445-2508 EMAIL: ContractsUnit@cdpr.ca.gov

Service Need

To analyze collected tarpaulins in response to suspected inadequate performance during field applications. They will be analyzed for compliance and effectiveness to determine if a potential violation occurred.

Contract Budget Subject to the availability of funds and approval by the Department, there is a current maximum budget of $450,000.00 over three years

DPR reserves the right to amend the budget for this Agreement as needs arise.

Contract Term The term of this Agreement will span approximately 36 months and is expected to begin in July 2025.

DPR reserves the right to amend the term of this Agreement as needs arise.

Process Type Invitation for Bid (IFB).

http://www.cdpr.ca.gov/

OVERVIEW CONT.

Process Schedule

This process will be conducted according to the following schedule:

Advertisement Date January 29, 2025

Written Questions Due by 5:00 pm on February 12, 2025

Response to Questions February 18, 2025

Submittal’s Due/by 5:00 pm on February 26, 2025

Virtual Bid Opening by11:00 am on February 28, 2025

Post Intent to Award March 10, 2025

SECTION II RULES AND CONDITIONS

Introduction

There are conditions that this IFB, submitting Bidders, bids and resulting Agreements are subject to and/or required to comply with.

Commitment

Upon submittal of a Bid, the Contractor has committed to comply with the following requirements:

• All items noted in IFB documents

• General Terms and Conditions available for viewing at www.ols.dgs.ca.gov/Standard+Language.

• Contractor Certification Clauses available for viewing at www.ols.dgs.ca.gov/Standard+Language.

If the bidder fails to meet any of the requirements or comply with DPR requests, DPR can reject, disqualify, or remove the firm from the process.

DPR is not committed to award an Agreement resulting from this IFB.

Antitrust Claims

In submitting a Bid Package to a public purchasing body, the Bidder offers and agrees that if the Bid Package is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid Package. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Bidder. (See Government Code Section 4552.)

If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the Bid Package price, less the expenses incurred in obtaining that portion of the recovery. (See Government Code Section 4553.)

Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (See Government Code Section 4554.)

Contractor’s Cost

All costs resulting from the Contractor’s participation in the IFB process are at the firm’s expense.

No costs incurred by the Contractor participating in the IFB process will be reimbursed by DPR.

http://www.ols.dgs.ca.gov/Standard+Language http://www.ols.dgs.ca.gov/Standard+Language

RULES AND CONDITIONS CONT.

Information

All information obtained or produced during the course of the Agreement will be made available to DPR.

Any information that the Bidder deems confidential, must so be marked prior to submission to DPR.

DPR will hold information deemed confidential by the Bidder to the extent allowable by the California Public Records Act and the Public Contract Code.

Written Inquiries

Bidders needing clarification of the requirements of this solicitation may submit questions to DPR’s Contracts Unit using the contact information found in Section I.

All inquiries must be received no later than 5:00PM on Wednesday, February 12, 2025. If the inquiries are emailed, then the time and date of the receipt of the email must not be later than the due date and time.

Questions, suggestions or objections regarding the content of this solicitation, including but not limited to the purpose, scope of work, etc., not submitted by the deadline for questions shall be deemed waived and may not be raised at a later time.

Oral communications with DPR officers and employees shall be non-binding on the State and shall in no way exclude the Bidder of any obligations as set forth in this package.

All questions or inquiries regarding this solicitation shall be submitted using the DPR Contact information provided in Section I.

E-mails and/or faxes should be clearly marked “Questions Relating to

SOLICITATION 25-C0001.”

Addenda

DPR reserves the right to amend, alter, or change the rules and conditions of this

IFB.

Any ambiguity, conflict, discrepancy, omission, or other error discovered in the IFB should immediately be reported to DPR prior to the deadline for submission of written questions. DPR will issue addenda to address such issues.

Modification of

Submittals

A Bid submitted prior to the submittal deadline, can be withdrawn or modified by the submitting Bidder. The Bidder must:

• Provide a written request

• Identify the requesting individual and their association to the Bidder

A Bid cannot be withdrawn for modification after the submittal deadline has passed.

Errors in Submittals

An error in a Bid Package may be cause for rejection of that bid.

DPR may make certain corrections, if the Bidder’s intent is clearly established based on review of the complete bid.

Negotiating State

Contracts

This solicitation and any resulting contract or amendments are subject to the conditions set forth in PCC 6611.

If any of the conditions identified in PCC 6611 exist, the State may perform contract negotiations, if it is determined to be in the best interest of the State.

Electronic Waste

Recycling

If the Contractor or any subcontractors participate in activities that result in the disposition of electronic components, they will comply with the provisions of PRC Chapter 8.5.

Use Tax

If, during the course of the agreement, the Contractor will be involved in the re-sale of goods to the State, they must comply with the requirements of Section 6452.1, 6487, 6487.3, 7101, and 18510 of the Revenue and Taxation Code, in addition to Section 10295.1 of the Public Contract Code.

Small Business (SB)

Preference

Any Bidder competing in this process as a California Certified Small Business, or as a non-SB certifying to subcontract a minimum of 25% of the total contract services to a California Certified SB, will receive a five percent (5%) preference.

Certification must be provided by the Department of General Services (DGS), Procurement Division (PD), Office of Small Business and DVBE Services (OSDS).

DPR will apply the preference per State law and as described on the DGS website at http://www.pd.dgs.ca.gov/smbus/sbpref.htm .

The preference is used solely for computation purposes in determining the lowest responsive bidder. The preference does not alter the amounts of the resulting agreement.

A copy of the Bidder’s SB certification should be included with the Bid Package.

Subcontractors

All Subcontractors identified in the bid, must be experts in their respective disciplines and capable of performing the tasks for which they are hired.

If awarded the agreement, the Contractor must use all of the SB and Disabled Veteran Business Enterprise (DVBE) firms identified on the SB/DVBE Participation Summary.

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

Ineligible Businesses

Any Contractor or Sub-Contractor currently on the DPR Unreliable list, is ineligible to apply for or participate in this contract.

In addition, as required by PRC§42290 et seq., any business determined to be in non-compliance with the Recycled Content Plastic Trash Bag Law is ineligible to apply for or participate in this contract.

http://www.pd.dgs.ca.gov/smbus/sbpref.htm

Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a ‘loss leader’ as defined in Section 17030 of the Business and Professions Code.

Darfur Contracting Act

All Proposers competing in this process must comply with the requirements of the Darfur Contracting Act (Public Contracting Code sections 10475 through 10481), effective January 1, 2009. To comply, Proposers must complete the Darfur Contracting Act form (Attachment E) and return with their Proposal.

California Civil Rights

Laws

Pursuant to Public Contract Code section 2010, all Proposers that submit a bid or proposal to, or otherwise propose to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or above competing in this process must comply with the requirements of the California Civil Rights Laws. To comply, Proposers must complete the California Civil Right Laws (Attachment G) and return with their Proposal.

GenAI Disclosure

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. Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, 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.

SECTION III BID SUBMITTAL REQUIREMENTS

Failure to follow the instructions contained in this document may be grounds for rejection of a Bid.

DPR may reject any Bid if it is conditional, incomplete or contains irregularities.

DPR may waive an immaterial deviation in a Bid, if deemed in the best interest of

DPR.

Deadline

The Bid Package must be received by DPR, at email address ContractsUnit@cdpr.ca.gov

Bids received after the deadline, will be considered late and returned to the Bidder unopened.

Addressing

The Bid Package must clearly state that it is in response to this IFB and note the IFB number listed with the direction of “25-C0001 – do not open.”

Number of Copies

The Bidder is required to submit all required documents in the following format:

• Two electronic files via email viewable by Adobe Acrobat Reader

One file to include the bid sheet with the file name titled “25-C0001- Sealed Cost” One file to include all other required documents with file name titled “25-C0001 Bid”

It is the submitting Bidder’s responsibility to ensure that the electronic copy is formatted in Adobe Acrobat Reader and viewable by DPR.

Qualifications and

Resources

The prospective Contractor and subcontractors must have the experience, qualifications, and resources to perform the required tasks of the project.

Each bid must include a description of the resources to be used on the project while demonstrating an individual or team members abilities to perform the work.

The bid must include resume for the Manager/Lab Director overseeing laboratory technicians and engineers that detail the following area(s) of expertise:

• Experience

• Knowledge

• Educational Background

• Appropriate licensing

• Tasks to be performed and number of hours

BID SUBMITTAL REQUIREMENTS CONT.

References

The Bidder’s team must provide a minimum of three (3) verifiable references and/or experience.

DPR reserves the right to seek references in addition to the client references provided by the Bidder, as it deems necessary.

If a reference or project experience is unable to be verified, it will be disregarded.

Negative responses from references may be cause for rejection of the bid.

Organization

Provide a brief description of the organization or team services and activities, including:

• Date of establishment

• History

• Location

• Any known conflicts of interest

• An organizational chart of the laboratory which outlines laboratory personnel and management structure.

Contract Eligibility

The Bidder must include a written declaration, stating that the Contractor and any Subcontractors to be used during the performance of the contract are eligible to contract with the State of California, pursuant to PCC 10286.

Licenses

The Contractor shall be an individual or firm licensed to do business in California, pursuant to California Business and Profession Code Section 7028.15. Required documentation includes the following as applicable:

• A copy of the Proposer’s state license with an expiration date, must be included with the bid/submission.

BID SUBMITTAL REQUIREMENTS CONT.

Cost Breakdown

The bid must specify the total cost and include detailed project costs, as required in the Bid Sheet.

All firm and individual commitments must be identified by task and dollar amount and included in the task by task bid submittal.

The costs identified, should take into consideration the length of the contract, rise in salaries and administrative overhead costs.

The amount identified on the cost breakdown may not be changed and will remain in effect for the life of the agreement.

Cost is to be submitted in a separate email with attachment.

Small Business (SB)

Participation

DPR encourages a minimum of twenty-five percent (25%) of the project services to be contracted to a California OSDS Certified SB that performs a commercially useful function.

This goal can be achieved by a combined effort of the prime and/or any subcontractors, that includes:

• If the Bidder is a Certified OSDS SB, as defined in Section V Definitions and Terms, the Participation Summary (see Attachments) must be completed and submitted with the proposal.

• If the Bidder has identified subcontractors to be utilized to meet this goal, the Participation Summary (see Attachments) must be completed and submitted with the proposal.

Please contact the Department of General Services, Office of Small Business and DVBE Services to locate potential SB firms at http://www.pd.dgs.ca.gov/smbus/default.htm.

Disabled Veteran

Business Enterprise Participation (DVBE)

DPR encourages a minimum of three percent (3%) of the project services to be contracted to a California OSDS Certified DVBE that performs a commercially useful function.

This goal can be achieved by a combined effort of the prime and/or any subcontractors, that includes:

• If the Bidder is a Certified OSDS DVBE, as defined in Section V, Definitions and Terms, the Participation Summary (see Attachments) must be completed and submitted with the proposal.

• If the Bidder has identified subcontractors to be utilized to meet this goal, the Participation Summary (see Attachments) must be completed and submitted with the proposal.

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5% 4% to 4.99% inclusive 4% 3% to 3.99% inclusive 3% http://www.pd.dgs.ca.gov/smbus/default.htm

SECTION IV EVALUATION AND SELECTION

DPR will perform a Pre-Qualification Evaluation process to ensure that the Bidder has included all required documentation in the Bid submittal.

If a bid package does not meet all of the requirements set forth in this IFB, it will be considered non-responsive and rejected from further competition.

Those Bidder’s submittals that pass this review will be allowed to participate in the public bid opening.

Grounds for Rejection

All bids may be rejected whenever the determination is made that the bids received are not actually competitive, when the cost is not reasonable, or when the cost exceeds the amount expected.

Additionally, a bid may be rejected if:

• It is received after the due date and time for submittal

• The bid submittal is unsigned

• The bid cost is not prepared as required by the IFB

• The Bidder has been prohibited from contracting with the State by the

Department of Fair Employment and Housing

• The Bidder has received a substantive negative contract performance from the State

• Any items required by the IFB are not included with the submittal

No bid may be rejected arbitrarily or without reasonable cause.

Bid Opening

The qualified bids will be opened publicly at the time set in Section I, Schedule via Teams.

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Award of Agreement

Award of this Agreement will be to the lowest cost responsive responsible Bidder meeting all the IFB requirements.

If the SB Preference is claimed by any Bidder, it will be equal to five percent (5%) of the lowest responsive bid of a non-certified small business Bidder.

Certified SB bids equal to or less than a non-certified bid will be awarded to the certified business.

In the event of a tie, DPR shall utilize a tie breaker to determine the winning Bidder.

DPR reserves the right to not award an Agreement.

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Rejection of Award

If the Bidder fails to enter into a satisfactory Agreement within a reasonable timeframe after the award is made, DPR may deem that the Bidder has rejected the award.

DPR reserves the right to disqualify the awardee and award the Agreement to the next lowest responsive responsible Bidder.

DPR will notify the rejected lowest responsive Bidder, at least five (5) days prior to the award being made, of the decision not to award the agreement.

Bidder Notifications

DPR will notify all Bidders of the outcome of their bid submittals, prior to the award of the contract.

EVALUATION AND SELECTION CONT.

Notice of Intent to Award

DPR will post a notice of intent to award the agreement resulting from this IFB, upon written request of any Bidder.

The request must be submitted to DPR contact contained in Section I, Overview.

The notice of intent to award will be posted on CSCR.

Protest of Award

A Bidder may protest the proposed award by filing an official protest with the Department of General Services. The protest must be filed within the five (5) day period of the notice of intent to award timeframe.

Within five (5) days of the initial protest filing, the Bidder must submit a detailed written statement with information that supports that the Bidder would have been awarded the contract and the grounds for that position.

The Agreement will not be awarded until a decision has been made on the filed protest.

The protest documents should be sent via registered mail to the following parties:

Department of General Services Office of Legal Services Attn: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

Department of Pesticide Regulation Attn: Contracts Unit Email ContractsUnit@cdpr.ca.gov

SECTION V DESCRIPTION OF WORK

The objective of this contract is to analyze collected tarpaulins (tarps) in response to suspected inadequate performance during field applications. Tarps will be analyzed for compliance and effectiveness to determine if a potential violation occurred.

Work to be Performed

A. Samples will be collected from a fresh tarp roll and the tarp used in the field fumigation. Since the results may be used in legal proceedings, chain of custody procedures must be followed. Samples will be collected and sent either by the CAC staff or collected by the contractor. Samples to be collected will be discussed with DPR and agreed upon prior to collection. Samples collected must follow DPR’s Standard Operating Procedures FSOT008.00.

Collected samples will contain the following information:

i. Fumigation method

ii. Tarp name

iii. Tarp thickness

iv. Required buffer zone distance

v. Tarp issues after fumigation (such as: holes, rips, ballooning, loss etc.)

vi. Date and time (if included) of tarp cutting

vii. Odor or other complaint (yes/no)

viii. Overlapping buffer zones (yes/ no/ avoided)

B. Tarps will be tested for permeability to confirm if the samples are on the California-specific approved tarp list. The contractor will measure the Mass Transfer Coefficient (MTC) for tarps under ambient and high humidity conditions to determine if the sample meets California approved requirements. The MTC of tarps will be determined using the EPA protocol ASTM method E35-2495. MTC values will be determined for three samples of film per active ingredient from each tarp submitted. The analysis will be conducted under low and high humidity conditions ((35-45% RH at ~22°C and >90% RH at ~22°C) for four fumigants (Methyl bromide, Chloropicrin, 1,3-Dichloropropene, and Methyl isothiocyanate).

C. Contractor shall provide a report to DPR and the CAC for each sample within 30 days following receipt of samples or following the collection of field samples. The date may be changed by mutual agreement of the parties without the necessity of an amendment to the agreement. Each sample report shall contain the following information:

i. Description of the analytical method and standard operating procedures

ii. Results documented in summary form attached to chain of custody form

iii. Results, analysis, and raw data of tests.

Control of Work

1. DPR staff have the authority to determine the quality and acceptability of the following:

• Work to be performed

• Rate and progress of the work

• Fulfillment of the services provided by the Contractor

• Compensation for services provided by the Contractor

These decisions will be deemed final and enforceable by DPR staff when the Contractor fails to complete orders required by this Agreement.

2. The Contractor will designate a Program Manager who holds the following authority:

• Act as the Contractor’s Representative for work to be provided under this Agreement

• Act as the Contractor’s Representative regarding contractual matters relating to this Agreement

If during the course of the Agreement, it is deemed necessary to replace the Program Manager, DPR staff approval is required.

SECTION VI DEFINITION AND TERMS

General Unless the context otherwise requires, wherever in this IFB or addenda, the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this Section.

Working titles having a masculine gender, such as “draftsman” and “journeyman” and the pronoun “he”, are utilized in these provisions for the sake of brevity and are intended to refer to persons of either sex.

Abbreviations

ADA Americans with Disabilities Act CCR California Code of Regulations DVBE Disabled Veteran Business Enterprise EPA Environmental Protection Agency IFB Invitation for Bids GC Government Code DPR Department of Pesticide Regulation PCC Public Contract Code SB Small Business SOW Scope of Work OSDS The Department of General Services (DGS), Procurement Division

(PD), Office of Small Business and DVBE Services (OSDS)

Agreement

The written agreement covering performance of the work and furnishing of labor, materials, tools, and equipment in providing the work. The Agreement shall include the IFB, Bid, general and specific terms and conditions, and supplemental agreements which may be required to complete the work in a substantial and acceptable manner.

Bid

A potential Contractor’s reply to a solicitation for purchase of goods or services which represents what the Contractor would charge to provide those goods or services.

Bidder

Any business venture that responds to an Invitation to Bid by submitting a bid to the contracting agency. A potential Contractor.

Bidder’s Conference

A meeting with potential bidders before the bid submission date.

Bid Opening

A public meeting, where the costs bid by a Bidder on an advertised project, are opened and a determination is made as to the apparent low bidder.

DPR

The Department of Pesticide Regulation.

DEFINITION AND TERMS CONT.

Consultant

The person or persons, firm, partnership, corporation, or combination thereof, which may enter into this Agreement with DPR to provide work pursuant to this IFB or his or their legal representatives.

Contract

A legally binding agreement between the state & another entity, public or private, for the provision of goods or services.

Contract Manager

A person designated by the responsible state agency or department to manage performance under a contract.

Contractor

A party contracting with the awarding agency. Vendor is often used synonymously with Contractor.

Director

The Director of the Department of Pesticide Regulation, or designees. Any references to Executive Officer shall mean the Director and/or its designated officer.

Disabled Veteran

Business Enterprise (DVBE Certified)

A business that meets all of the following criteria: (1) at least 51% of the business is owned by one or more disabled veterans or, in a business whose stock is publicly held, at least 51% or more of the stockholders are disabled veterans (2) the management and control of the business are exercised by one or more disabled veterans; (3) the business is domestically owned and its home office is in the United States; and (4) the business has been certified as a DVBE by the State.

Legal Holidays

Those days designated as State holidays in the Government Code.

Program Manager

Contractor’s representative for all work performed under this Agreement.

Responsible Bidder

A bidder who is fully capable of performing the contract.

Responsive Bidder

A bidder whose bid meets the specifications & other requirements contained in the

IFB.

Scope of Work

The description of work required of a Contractor by the awarding agency.

Small Business

(Certified)

A business that has been certified by the Office of Small Business Certification and Resources, Department of General Services, as a small business as defined in GC 14837 and 2 CCR 1896.

State

The State of California.

DEFINITION AND TERMS CONT.

State Contract Law

The Public Contract Code and other applicable laws that form and constitute a part of the provisions of this Agreement to the same extent as if set forth herein in full.

Subcontractor

A person or entity which contracts with the Contractor to perform all or a portion of the work as specified in the Scope of Work.

ATTACHMENTS

ATTACHMENT A – Bid Sheet

Bid Sheet

Tarpaulin Testing 25-C0001

ITEM

NO.

ESTIMATED

QUANTITY

UNIT OF

MEASURE ITEM UNIT PRICE

(In Figures)

TOTAL

(In Figures)

1 1 EA

Testing of Tarpaulins – to include any testing costs, salary and wages, overhead costs, any other costs to perform the laboratory test

(1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON

OF QUOTES. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE

NEEDED.

TOTAL THIS

SHEET

Estimated Tax

(2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT

BASIS ITEM, THE UNIT PRICE SHALL PREVAIL

TOTAL THIS

BID

ATTACHMENT A – Bid Sheet

Acknowledgement/Authorization

The undersigned acknowledges the submittal of this quote constitutes an irrevocable offer for a ninety (90) day period for DPR to award an Agreement.

Additional acknowledgement is made of receipt of all competitive documents, including Addenda, relating to this Agreement.

The undersigned acknowledges that the Bidder has read all of the requirements set forth in DPR documents and will comply with said provisions.

The undersigned hereby authorizes and requests any person, firm, agency, or corporation to furnish any information requested by DPR in verification of the recitals comprising this Quote and also hereby authorizes DPR to contact such persons, firms, etc., in order to obtain information regarding the undersigned.

The undersigned acknowledges that there are no potential conflicts of interest, as defined in Public Contract Code (PCC) 10410, 10411, and Government Code (GC) 87100, by the submitting firm and/or any Sub-Contractors listed in the Quote.

The undersigned acknowledges that they are eligible to contract with the state pursuant to PCC §10286 and §10286.1.

I declare under penalty of perjury that the foregoing is true and correct.

Name & Title of Authorized Representative: Contractor Name:

Address: Telephone #:

City, State Zip: Email:

Signature of Authorized Representative: Date Signed:

ATTACHMENT B

State of California—Department of General Services, Procurement Division

GSPD–05–105 (REV 08/09)

BIDDER DECLARATION

Solicitation Number

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):

a. Identify current California certification(s) (MB, SB, NVSA, DVBE): or None (If “None”, go to Item #2)

b. Will subcontractors be used for this contract? Yes No (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary.

c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes No

(2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes No N/A

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary):

Subcontractor Name, Contact Person, Phone Number & Fax Number

Subcontractor Address & Email Address

CA Certification (MB, SB, NVSA, DVBE or None)

Work performed or goods provided for this contract

Corresponding % of bid price

Good Standing?

51% Rental?

CERTIFICATION: By signing the bid response, I certify under penalty of perjury that the information is true and correct.

Page of

ATTACHMENT B

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 08/09) Instructions

BIDDER DECLARATION Instructions

All prime bidders (the firm submitting the bid) must complete the Bidder Declaration.

1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line:

• Microbusiness (MB)

• Small Business (SB)

• Nonprofit Veteran Service Agency (NVSA)

• Disabled Veteran Business Enterprise (DVBE)

1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors.

Bidders certified as MB, SB, NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999 for DVBEs and Government Code Section 14837(d)(4)(A) for small/ microbusinesses.

Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract.

1.c. This item is only to be completed by businesses certified by California as a DVBE.

(1) Declare whether the prime bidder is a broker or agent by marking either “Yes” or “No”. The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” as a certified DVBE contractor or subcontractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.

(2) If bidding rental equipment, mark either “Yes” or “No” to identify if the prime bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A” for “not applicable.”

2. If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Page of ” on the form.

If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Page of ” accordingly.

Column Labels

Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors.

2. Column Labels (continued)

Subcontractor Address & Email Address—Enter the address and if available, an Email address.

CA Certification (MB, SB, NVSA, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on this website www.eprocure.pd.dgs.ca.gov).

Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontracting a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.

Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount.

Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes” or “No” to indicate that the prime bidder has verified that the subcontractor(s) is in good standing for all of the following:

• Possesses valid license(s) for any license(s) or permits required by the solicitation or by law

• If a corporation, the company is qualified to do business in California and designated by the State of California Secretary of State to be in good standing

• Possesses valid State of California certification(s) if claiming MB, SB, NVSA, and/or DVBE status

51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either “N/A” (not applicable), “Yes” or “No” for each subcontractor listed.

Enter “N/A” if the:

• Subcontractor is NOT a DVBE (regardless of whether or not rental equipment is provided by the subcontractor) or

• Subcontractor is NOT providing rental equipment (regardless of whether or not subcontractor is a

DVBE)

Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the contract.

Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the subcontractor does NOT own at least 51% of the rental equipment (quantity and value) it will be providing.

Read the certification at the bottom of the page and complete the “Page of ” accordingly.

ATTACHMENT C

Contractor Status Form

Contractor’s Name_________________________________________ County____________________________

Address__________________________________________________ Phone No. _________________________

___________________________________________________ Fax No. ___________________________

Federal Employer Identification No. _________________________________________

STATUS OF CONTRACTOR PROPOSING TO DO BUSINESS:

Individual Limited Partnership General Partnership Corporation Other

INDIVIDUAL:

If a sole proprietorship, state the true name of sole proprietor: ______________________________________

PARTNERSHIP:

If a partnership, list each partner, including limited partners, stating their true name and their interest in the partnership:

CORPORATION:

If a corporation, place and date of Incorporation: _________________________________________________________

Date corporation was authorized by Secretary of State: ____________________________________________________

President: ____________________________ Vice-President: ____________________________

Secretary: ____________________________ Treasurer: ________________________________

Other Officers: ________________________________________________

OTHER: (Explain)

SMALL BUSINESS PREFERENCE

Are you claiming the small business preference? YES – Attach OSDS certification for SBs

NO

Date you filed for small business preference: ___________________ Your small business ID No. _______________

NOTE: THIS FORM MUST BE COMPLETED OR YOUR BID MAY BE REJECTED

ATTACHMENT D

Client References

List at least three (3) client references that can attest to the Proposer’s qualifications to fulfill the requirements of the Scope of Work. List the most recent first. Client references must also be provided for any subcontractors identified in the Proposer’s response. Duplicate and attach additional pages as necessary. If three references cannot be provided, please explain why on an attached sheet of paper.

PROPOSER / SUBCONTRACTOR’S NAME:

REFERENCE 1

Name of Firm Street Address City State Zip Code

Contact Person Telephone Number

E-Mail Address Dates of Service Cost of Service

Brief Description of Service Provided

REFERENCE 2

Name of Firm Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Cost of Service

E-Mail Address

REFERENCE 3

Name of Firm Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Cost of Service

E-Mail Address

Attachment E

ATTACHMENT G

BID

Completion Checklist

Please use this checklist to assist in the preparation of your Quote package to ensure that all required items are included.

Bid Sheet (Attachment A)

Bidder Declaration (Attachment B)

Contractor Status Form (Attachment C)

Client References (Attachment D)

Darfur Contracting Act (Attachment E)

California Civil Rights Laws (Attachment G)

Bid Completion Checklist (Attachment H)

GenAI Disclosure & Factsheet (Attachment J)

OSDC Verification Letter

Copy of Bidder’s business license

The following number of Quote packages must be submitted as the Contractor’s response to this RFQ:

Two electronic copies via email viewable by Adobe Acrobat Reader – one to include cost, one to include all other attachments

The following forms are not required at the time of the quote submission but will be required by the successful Contractor during the contract period:

Contractor Certification Clauses (CCC 307)

Recycled Content Certification

Payee Data Record

Please note that if any of the items are missing from the Quote package, the package will be considered incomplete and will be disqualified from the process.

ATTACHMENT J

SECTION I OVERVIEW
General Information
DPR Contact
Service Need
Contract Budget
Contract Term
Process Type
Process Schedule
SECTION II RULES AND CONDITIONS
Introduction
Commitment
Antitrust Claims
Contractor’s Cost
Information
Written Inquiries
Addenda
Modification of Submittals
Errors in Submittals
Negotiating State Contracts
Electronic Waste Recycling
Use Tax
Small Business (SB) Preference
Subcontractors
Ineligible Businesses
Loss Leader
Darfur Contracting Act
California Civil Rights Laws
GenAI Disclosure
SECTION III BID SUBMITTAL REQUIREMENTS
Introduction
Deadline
Addressing
Number of Copies
Qualifications and Resources
References
Organization
Contract Eligibility
Licenses
Cost Breakdown
Small Business (SB) Participation
Disabled Veteran Business Enterprise Participation (DVBE)
SECTION IV EVALUATION AND SELECTION
Introduction
Grounds for Rejection
Bid Opening
Award of Agreement
Rejection of Award
Bidder Notifications
Notice of Intent to Award
Protest of Award
SECTION V DESCRIPTION OF WORK
Control of Work
SECTION VI DEFINITION AND TERMS
ATTACHMENTS
Bid Sheet
Contractor Status Form
INDIVIDUAL:
CORPORATION:
If a corporation, place and date of Incorporation: _________________________________________________________
President: ____________________________ Vice-President: ____________________________
Secretary: ____________________________ Treasurer: ________________________________
Other Officers: ________________________________________________
OTHER: (Explain)
__________________________________________________________________________________________________________
SMALL BUSINESS PREFERENCE

Client References

File details come from the government source that posted it. Updated .