2605508_-_(2)_Bidder_Instructions_017-2605508_UPS_Final.pdf

Orange County Information Technology Page 1 of 9 IFB No. 017-2605508-OCIT-AP Uninterruptible Power Supplies

ORANGE COUNTY INFORMATION TECHNOLOGY

INVITATION FOR BID

with

REVERSE AUCTION

NO. 017-2605508-OCIT-AP

UNINTERRUPTIBLE POWER SUPPLIES

I. DEFINITIONS

1. “Bid” means an offer, made in response to a solicitation to perform a contract for work and labor or to supply goods or services at a specified price, whether or not it is considered a “sealed bid” or results in award of a contract to a single or non-competitively bid contract.

2. “Bidder” means a supplier who submits a bid to the County in response to a solicitation.

3. “OpenGov” means the County’s online bid system.

4. “County” means the County of Orange.

II. INTRODUCTION

The County of Orange (“County”), acting through Orange County Information Technology (“OCIT”), is requesting competitive bids from qualified firms (“Bidder(s)”) that can provide all of the requested items in this Invitation for Bid (IFB). This is a fully electronic solicitation – only electronic bids submitted through the County’s online bid system (“OpenGov”) at https://www.procurement.opengov.com will be allowed; no other form of bid submittals will be accepted. Prior to submitting a bid, Bidders are advised to carefully read all sections below, including the Model Contract and any solicitation attachments and/or exhibits.

The County will be conducting an Electronic Reverse Auction for this bid. For more information on the Electronic Reverse Auction process, please see Exhibit IV. This bid will be conducted in two (2) phases as follows:

1. IFB Pre-Qualification

2. IFB Reverse Auction

Please see #6 below for important dates.

III. GENERAL INFORMATION

1. Important Notices: The County has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for clarification/interpretation to the County Deputy Purchasing Agency (DPA) via OpenGov at https://www.procurement.opengov.com under the bid page for this solicitation.

2. Communication: Bidders are not to contact other County personnel with any questions or clarifications concerning this IFB. Only the County DPA will provide all official communication concerning this IFB. Any County response relevant to this IFB other than those that are through or approved by the County DPA are unauthorized and will be considered invalid.

Questions regarding this IFB may be directed to the following designated County DPA:

Orange County Information Technology https://www.procurement.opengov.com/ https://www.procurement.opengov.com/

Orange County Information Technology Page 2 of 9

Annie Pham, Deputy Purchasing Agent 721 S. Parker Street, Ste. 200 Orange, CA 92868 Phone: (714) 567-7409 Email: annie.pham@ocit.ocgov.com

3. Clarification/Interpretation: If clarification or interpretation of this IFB is considered necessary by the County, a written addendum shall be issued, and the information will be posted on Open Gov. Any interpretation of, or correction to, this IFB will be made only by addendum issued by the County DPA or designee. It is the responsibility of each Bidder to periodically check the County’s on-line bid system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information. It is recommended that bidders visit the OpenGov website on a regular basis for any updates to the bid.

All questions or requests for clarification/interpretation must be received by the time and date specified in the IFB notice.

4. Bid Validity: Bids will be valid for a period of 180 days after IFB closing date.

5. Business Hours: County regular business hours of operations is Monday through Friday from 8:00 a.m. to 5:00 p.m. (PST).

6. Important Dates: These dates only apply to IFB # 017- 2605508 - OCIT-AP

A. Questions and Answers Session Ends: May 7, 2024 at 4:00 PM (PST)

B. Bid Due Date: May 14, 2024 by 4:00 PM (PST)

C. Reverse Auction Training Event: TBD

D. One-Time Reverse Auction Event: May 21, 2024

7. Lobbyists: County of Orange does not require and neither encourages or discourages the use of lobbyists or other consultants for the purpose of securing business.

IV. INSTRUCTIONS

1. Review: Before submitting a bid, Bidders shall carefully review the Bidder Instructions and the solicitation contents, including the Model Contract Terms, Conditions and Scope of Work. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract.

The Model Contract contained in this solicitation is the Contract proposed for execution and upon award, the awarded Bidder will be required to sign and submit the Contract for County execution. It may be modified to incorporate additional Scope of Work details, negotiated items, other pertinent terms and conditions set forth in this solicitation, including special conditions and requirements and those added by addendum, and necessary attachments.

Any additional exceptions to the terms and conditions made by any Bidder after submission of its bid may result in elimination from further consideration.

2. Responsiveness: Responsive bids shall include the following completed submittals/attachments:

A. Signature Page (Wet/Scan Signatures required)

B. Company Profile

C. References

D. Bidder Certification

E. Exhibit I – County of Orange Local Small Business (OCLSB) Preference Certification Requirements (if applicable). Please see Section VI for more information.

Orange County Information Technology Page 3 of 9

F. Exhibit II - Campaign Contribution Disclosure Form (Levine Act)

G. Exhibit III – EasiBuy LLC Reverse Auction Bidder Agreement

H. Exhibit IV – Solicitation Reverse Auction Procedures

3. Bid Submission: Electronic Bids shall be submitted via Open Gov. All required sections of the IFB must be submitted via the website. Bidder is solely responsible for “on time” submission of their electronic bid. OpenGov will not accept late bids; no exceptions shall be made. The County will only receive those bids that were transmitted successfully.

Electronic Bids are sealed and cannot be viewed by the County until after the Bid deadline. If you encounter any problems with your registration, system, bid submission, or other system issues please contact Open Gov’s support staff at (855) 680-4747 or via email at procurement-support@opengov.com.

4. Confidentiality: All bids submitted in response to this IFB may become subject to public disclosure per the requirements of the California Public Records Act, Government Code Section 6250 et seq.

Please be advised that all information and documents submitted to the County by Bidder shall become non-confidential, non-proprietary, non-trade secret, public records without exception and subject to public disclosure by the County at any time without prior notice to Bidder. The County shall not be liable in any way for disclosure of any such records or part thereof related to this IFB or any Bid, including, but not limited to, evaluations, Bids, or any other information or records. In submitting the information and documents, the Bidder is agreeing to the County’s release of such information and documents in response to a Public Records request without further notice to the Bidder and is agreeing to indemnify and hold harmless the County for release of such information and documents.

Furthermore, all Bids shall become the exclusive property of the County. The County reserves the right to make use of any information or ideas contained in the Bids submitted without exception.

5. Award: Upon recommendation of Contract award, Contractor will be required to submit the following documents within seven (7) days of County notification, unless otherwise specified in the solicitation:

A. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to Model Contract, Article “O” – Insurance

B. W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes Contractor’s Legal Business Name(s). Out of State Vendors are required to submit a 587 or 590 Form, whichever is applicable.

6. Pricing:

A. Bid Prices: Pricing quoted through the Online Reverse Auction event shall be firm for the entire 1-year term of the awarded Contract and renewable annually for two additional years.

B. Open Gov: Bidder shall utilize the EasiBuy reverse auction platform to provide all-inclusive, firm fixed pricing for all requested items and/or services, in accordance with the requirements of the Model Contract. The bid price(s) shall be all inclusive of transportation, freight, delivery, shipping/handling, travel, fuel/fuel surcharges and any other fees needed to make delivery for all requested items and/or services. No additional compensation will be allowed.

C. Addenda: Bid prices offered shall reflect all addenda issued by the County.

D. Scope of Work: Bids shall be submitted only for all the items and/or services as stated in the Scope of Work, Attachment A of Model Contract; bids for other than all items and/or services listed may not be considered.

E. Firm Prices: The County will only accept firm price bids.

F. Profit: Contract adjustments which increases Contractor’s profit will not be allowed.

Orange County Information Technology Page 4 of 9

G. Price Decreases: All price/rate decreases will automatically be extended to the County. Please reference Attachment B, Compensation and Payment, of the Model Contract Section III. for additional information.

H. Acceptance: Bids must include pricing for each and every item separately.

7. No Substitutions: The bidder is required to meet all specifications and requirements contained in this solicitation. No substitutions will be accepted, unless prior County written approval is received.

8. Company Profile, Minimum Qualifications, References and Signature Page: Bidder shall utilize the forms provided to satisfy this requirement.

9. Discrepancies: Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the IFB contemplated evaluation and award of “all or none” of the items and/or services, then any withdrawal must be for the entire bid. If the IFB provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.

10. Bid Expenses: The County shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s pricing. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB;

B. Submitting that bid to the County;

C. Negotiating with the County any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

11. Conflict of Interest:

1. Current County Employees (PCC Section 10410):

i. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any County Agency/Department, unless the employment, activity or enterprise is required as a condition of regular County employment.

ii. No officer or employee shall contract on his or her own behalf as an independent contractor with any County agency to provide goods or services.

2. Former County Employees (PCC Section 10411): For the two-year period from the date he or she left County employment, no former County officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any County agency/department.

3. For the twelve-month period from the date he or she left County employment, no former County officer or employee may enter into a contract with any County agency/department if he or she was employed by that County agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving County service

Orange County Information Technology Page 5 of 9

12. Protests: In the event a Bidder believes that this IFB is unfairly restrictive or ambiguous or contains conflicting provisions or the Bidder believes that any resulting Contract would be commercially impractical to perform, the Bidder must file a written protest with the County DPA.

A. Procedure

All protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

• The name, address and telephone number of the protester;

• The signature of the protester or the protester’s representative;

• The solicitation or Contract number;

• A detailed statement of the legal and/or factual grounds for the protest; and

• The form of relief requested.

• Protest of Bid/Proposal Specifications:

All protests related to bid specifications must be submitted to the Deputy Purchasing Agent no later than five (5) business days prior to the close of the bid or proposal. Protests received after the five (5) business day deadline will not be considered by the County.

In the event the protest of specifications is denied, and the protester wishes to continue in the solicitation process, they must still submit a bid prior to the close of the solicitation in accordance with the bid submittal procedures provided in the bid.

B. Protest of Award of Contract:

In protests related to the award of a Contract, the protest must be submitted no later than five

(5) business days after the notice of the proposed Contract award is provided by the Deputy Purchasing Agent. Protests relating to a proposed Contract award which are received after the five (5) business day deadline will not be considered by the County.

1) Protest Process

a) In the event of a timely protest, the County shall not proceed with the solicitation or award of the Contract until the Deputy Purchasing Agent, the County Purchasing Agent or the Procurement Appeals Board renders a decision on the protest.

b) Upon receipt of a timely protest, the Deputy Purchasing Agent will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

c) The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the Contract is necessary to protect the substantial interests of the County. The award of a Contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

d) If the protester disagrees with the decision of the Deputy Purchasing Agent, the protestor may submit a written notice to the Office of the County Purchasing Agent requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below.

2) Appeal Process

a) If the protester wishes to appeal the decision of the Deputy Purchasing Agent, the protester must submit, within three (3) business days from receipt of the Deputy

Orange County Information Technology Page 6 of 9

Purchasing Agent’s decision, a written appeal to the Office of the County Purchasing Agent.

b) Within fifteen (15) business days, the County Purchasing Agent will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the protest shall be forwarded to the Procurement Appeals Board.

c) The decision of the County Purchasing Agent on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

13. Acceptance/Rejection/Award

A. When more than one-line item is specified in a solicitation, the County of Orange reserves the right to determine the lowest responsible bidder on the basis of individual items, groups of items, or all items included in the solicitation, unless otherwise expressly provided for in the solicitation. The County may accept any item or group of items included in the bid unless the bidder expressly objects in its response to the solicitation and conditions its response on the County purchasing all items for which the bidder provided bids. In the event that the bidder so objects, the County may consider the bidder’s objection non-responsive and may render the bidder ineligible for award. BIDDERS MUST BID ON ALL LINE ITEMS IN

ORDER TO BE CONSIDERED FOR AWARD OF A CONTRACT.

B. The lowest responsive, responsible Bidder will be recommended for contract award.

C. Bids will be reviewed by the County for responsiveness to all requirements. The County has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.

D. Only those responsible, responsive bids meeting all solicitation requirements, specifications and minimum qualifications shall be further reviewed for consideration for award. Award is generally made to the lowest, responsive, responsible bid.

Please take notice: non-acceptance of County of Orange terms and conditions may deem a bid non-responsive. County will not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

E. Final award determination is generally made to the lowest responsive, responsible bid, and may also include a review of successful Bidder’s qualifications, experience, and resources;

Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of County of Orange terms and conditions. In addition, County reserves the right to verify and validate any information prior to Contract Award and during the entire term of the Contract.

F. By submitting a response to this solicitation, Bidders agree to accept the decision of the County DPA as final.

G. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation and on the Model Contract signature page.

14. Rights Reserved to County

The County reserves the right to:

A. Waive, at its discretion, any irregularity or informality, which the County deems correctable or otherwise not warranting rejection of the bid.

B. The County, at its sole discretion, reserves the right to accept or reject in whole or in part any or all bids received as a result of this solicitation.

Orange County Information Technology Page 7 of 9

C. The County may cancel this IFB in whole or in part without prior notice, thereafter, the County may issue a solicitation for new bids.

D. Final award determination is generally made to the lowest responsive, responsible bid, but is contingent upon agency/department approval, which will include a review of the bidders qualifications and references.

E. The County makes no guarantee as to the usage of the services by the County. The County furthermore makes no representation that any Contract will be awarded to any bidder responding to this IFB.

F. The County reserves the right to award its total requirements to one bidder or to apportion those requirements among two or more bidders as the County may deem to be in its best interests. In addition, negotiations may or may not be conducted with bidder; therefore, the proposal/bid submitted should contain the bidder’s most favorable terms and conditions, since the selection and award may be made without discussion with any bidder.

G. The lowest responsive and responsible bid may be subject to further negotiations.

H. By participating in this solicitation, bidders agree to accept the decision of the County Purchasing Agent as final.

15. Joint Bids: Where two or more Bidders desire to submit a single bid in response to a solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture.

16. Unfair Practices and Other Laws: Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section 17000 et seq.) and all applicable County, State and Federal laws and regulations.

17. Independence of Bid: By submitting a bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

18. Americans with Disability Act (ADA): To comply with the non-discrimination requirements of the ADA, it is the policy of the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you must contact the buyer listed in the solicitation.

19. Duns Number: The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your proposal/bid submission response.

20. Exceptions: Any exceptions to the County’s terms and conditions must be clearly stated in responses to this solicitation under a separate section entitled “Exceptions.” Any exception must include the details of the exception and the reasons for it. The County reserves the right to disqualify vendors taking exception to its terms and conditions. Vendors taking exception after notice of award will be disqualified from award of Contract.

21. Special Requirements:

A. Bidders may be required to present satisfactory evidence that they have been regularly engaged in the business of providing goods/services required by this solicitation or are reasonably familiar therewith and that they are fully prepared with the necessary capital, materials, and machinery as may be required or specified in this solicitation to complete the work to be contracted to the satisfaction of the County.

Orange County Information Technology Page 8 of 9

B. By submitting a bid, the bidder represents that it has thoroughly examined and become familiar with the goods/services required under this Invitation for Bid and that it can provide the goods/services to achieve the County’s objectives.

C. Each bidder must submit its bid in strict accordance with all requirements of this Invitation for Bid.

V. W-9 REQUIREMENTS

Department of the Treasury, Internal Revenue Service Form W-9 Requirement: Effective June 3, 2006, all Contractors, entering into a contract with the County, who are not already established in the Countywide Accounting and Personnel System (CAPS) as an Auditor-Controller Vendor, will be required to submit to the County a federal Form W-9, or form W-8 for foreign vendors. The County will inform the Contractor, at the time of award, if the Form W-9, or W-8, will be required.

In order to comply with this County requirement, within ten days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to the contract administrator, the County DPA, the required W-9 or W-8. Out of State Vendors may be required to submit a 587 or 590 Form.

VI. COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) PREFERENCE & COUNTY OF

ORANGE DISABLED VETERAN BUSINESS ENTERPRISE PERFERENCE

Effective January 1, 2020, County of Orange Board of Supervisors adopted the County of Orange Local Small Business (OCLSB) Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy and the development of the County’s tax base.

To be qualify as an OCLSB, the OCLSB must meet both (1) and (2) of the following requirements below:

1. Local Business requirements:

a. Bidder maintains their principal center of operations (i.e. headquarters) within Orange County, and;

b. Bidder has:

i. a business address located in the County of Orange that is not a post office box, or

ii. a valid business license or certificate of occupancy issued by the County of Orange or by an Orange County city, or other documentation acceptable to the County of Orange.

2. Small Business Requirements:

a. Bidder must be certified as a Small Business by the State of California Department of General Services (DGS); and,

b. DGS Small Business requirements must be valid at the time of bid/proposal submittal.

3. County of Orange Disabled Veteran Business Enterprise Preference Requirements:

Contractor certifies it is in compliance with County of Orange Disabled Veteran Business Enterprise Preference requirements at the time this Contract is executed.

To participate as an OCLSB, please read and follow the process outlined in EXHIBIT I - LOCAL

SMALL BUSINESS PREFERENCE CERTIFICATION REQUIREMENTS.

VII. COUNTY OF ORANGE CAMPAIGN CONTRIBUTION DISCLOSURE INFORMATION

The attached Campaign Contribution Disclosure Form must be completed by applicants for, or persons who are the subject of, any proceeding involving a license, permit, or other entitlement for use, including most contracts and franchises, pending before the Board of Supervisors (“Board”) of the County of Orange or any of its affiliated agencies.

Orange County Information Technology Page 9 of 9

IMPORTANT NOTICE: Government Code section 84308 (also known as the “Levine Act”) contains requirements that are summarized generally as follows:

A. If you are an applicant for, or the subject of, any proceeding involving a license, permit, or other entitlement for use, you are prohibited from making a campaign contribution of more than $250 to any member of the Board of Supervisors or other County official who may participate in your proceeding. This prohibition begins on the date your application is filed or the proceeding is otherwise initiated, and the prohibition ends 12 months after a final decision is rendered by the Board of Supervisors or other County officer. In addition, no Board member or other County official who may participate in your proceeding alternate may solicit or accept a campaign contribution of more than $250 from you during this period.

B. These prohibitions also apply to your agents, and, if you are a closely held corporation, to your majority shareholder as well. These prohibitions also apply to your subcontractor(s), joint venturer(s), and partner(s) in this proceeding. Also included are parent companies and subsidiary companies directed and controlled by you, and political action committees directed and controlled by you.

C. You must file the attached disclosure form and disclose whether you or your agent(s) have in the aggregate contributed more than $250 to any Board member or other County officer who may participate in your proceeding during the 12-month period preceding the filing of the application or the initiation of the proceeding.

D. If you or your agent have in the aggregate contributed more than $250 to any individual Board member or other County officer who may participate in your proceeding during the 12 months preceding the decision on the application or proceeding, that Board member or other County officer must disqualify himself or herself from the decision. However, disqualification is not required if the Board member or other County official returns the campaign contribution within 30 days from the time the member or official knows, or should have known, about both the contribution and the fact that you are a party in the proceeding. The Campaign Contribution Disclosure Form should be completed and filed with your application or proposal, or with the first written document you file or submit after the proceeding commences.

1. A proceeding involving “a license, permit, or other entitlement for use” includes all business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor or personal employment contracts), and all franchises.

2. Your “agent” is someone who represents you in connection with a proceeding involving a license, permit or other entitlement for use. If an individual acting as an agent is also acting in his or her capacity as an employee or member of a law, architectural, engineering, consulting firm, or similar business entity, both the business entity and the individual are “agents.”

3. To determine whether a campaign contribution of more than $250 has been made by you, campaign contributions made by you within the preceding 12 months must be aggregated with those made by your agent within the preceding 12 months or the period of the agency relationship, whichever is shorter. Contributions made by your majority shareholder (if a closely held corporation), your subcontractor(s), your joint venturer(s), and your partner(s) in this proceeding must also be included as part of the aggregation. Campaign contributions made to different Board of Supervisors members or other County officer who may participate in your proceeding are not aggregated.

4. A list of the Board of Supervisors members and other County officials is attached.

This notice summarizes the major requirements of Government Code section 84308 of the Political Reform Act and California Code of Regulations, Title 2 sections 18438.1-18438.8.

Please complete the Campaign Contribution Disclosure Form outlined in EXHIBIT II – Campaign Contribution Disclosure Form.