Ammunition_and_Related_Supplies.pdf

COUNTY OF ORANGE

PROBATION

INVITATION FOR BID (IFB)

FOR

AMMUNITION AND RELATED SUPPLIES

IFB NO. IFB-057-2741801-JI

County of Orange IFB

Probation - Ammunition and Related Supplies, IFB-057-2741801-JI

County of Orange

Probation

Procurement Services

1055 N MAIN ST FL 4

Santa Ana, CA

92701

SCHEDULE OF ACTIVITIES

Release Project Date February 19, 2025

Question Submission Deadline March 7, 2025, 12:00am

Bid Submission Deadline March 26, 2025, 2:00pm

**This is a proposed schedule that is subject to change. Any changes to the schedule for the IFB process will be issued to all Bidders via addenda on County’s online bidding system https://procurement.opengov.com/portal/ocgov **

BID MUST BE RECEIVED ON OR

BEFORE

Wednesday, March 26, 2025

2:00 pm https://procurement.opengov.com/portal/ocgov

SECTIONS

SECTION 1. SUMMARY

SECTION 2. SCOPE OF WORK

SECTION 3. PRICING

SECTION 4. VENDOR QUESTIONNAIRE

SECTION 5. GENERAL INFORMATION

SECTION 6. GENERAL INSTRUCTIONS

SECTION 7. PROBATION ADDITIONAL TERMS AND CONDITIONS

SECTION 8. W-9/W-8 REQUIREMENTS

SECTION 9. ELECTRONIC FUND TRANSFER (EFT)

SECTION 10. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

Attachments:

A - IFB 057-2741801-JI Model Contract-Ammunition and Related Supplies

SECTION 1. SUMMARY

The County of Orange, Probation, (hereinafter referred to as County) is requesting competitive bids from qualified vendors (hereinafter referred to as Bidder) for the purchase and delivery of

Ammunition and Related Supplies. The awarded Contract, (hereinafter referred to as Contract) will be between the County and awarded Bidder, (hereinafter referred to as Contractor) in accordance with the model contract terms, conditions and scope of work. This is a fully electronic solicitation – only electronic bids submitted through the County’s online bidding system will be allowed; no other form of bid submittals will be accepted. Prior to submitting a bid, Bidders are advised to carefully read the instructions below, including the model contract and any solicitation attachments and/or exhibits.

CONTRACTOR REQUIREMENTS

A. Contractor shall have a place of business within 25-mile radius of County of Orange

Probation Department, St. Andrews Campus Training Center, 1700 E. St. Andrew Pl., Santa Ana, CA 92705 to ensure timely pick-up and safety of authorized County personnel.

B. Contractor shall possess and maintain all Federal, State and local permits, licenses and approvals necessary to provide services/goods required for Ammunition and Related

Supplies. Any associated fees shall be the responsibility of the Contractor. Copies of each may be required at time of award or as requested by County.

C. Contractor shall have a minimum of three (3) years of business experience providing

Ammunition and Related Supplies.

CONTRACTOR RESPONSIBILITIES

Contractor shall:

A. Provide products specified herein or otherwise agreed to in writing by County.

B. Place orders as needed. County shall not be subjected to placing minimum orders.

C. Package and provide ammunition in bulk, at a minimum of 500 rounds per case, or in a standard 50 round box with 10 boxes per case.

D. Products supplied shall be new, no irregulars, no seconds, and no substitutions will be accepted. Incorrect delivered/picked-up products shall be replaced with the correct products by the Contractor at the Contractor’s expense within 5 business days from the notification date. All orders must be completed when shipped/picked-up and received by the time specified.

E. Ensure Winchester manufacturer ammunition listed on Attachment B – Pricing and

Compensation is in stock and available for purchase. If Winchester ammunition is not in stock at the time the order is placed, the Contractor has thirty (30) day’s maximum to obtain requested item.

F. Orange County Probation Department authorized personnel will provide the following when picking up Ammunition and Related Supplies: 1. Ammo Authorization Letter

(signed by the head of Agency). 2. Orange County Probation Department Identification

Badge. 3. Exemption Certificate

G. It is the Contractors responsibility to verify the identity of the authorized Orange County

Probation Department personnel when picking up an order.

SECTION 2. SCOPE OF WORK

2.1 PURCHASE OF AMMUNITION AND RELATED SUPPLIES

Purchase and delivery of ammunition and related supplies

CONTRACTOR REQUIREMENTS

A. Contractor shall have a place of business within 25-mile radius of County of Orange

Probation Department, St. Andrews Campus Training Center, 1700 E. St. Andrew Pl., Santa Ana, CA 92705, to ensure timely pick-up and safety of authorized County personnel.

B. Contractor shall possess and maintain all Federal, State and local permits, licenses and approvals necessary to provide services/goods required for the purchase and delivery of

Ammunition and Related Supplies. Any associated fees shall be the responsibility of the

Contractor. Copies of each may be required at time of award or as requested by County.

C. Contractor shall have a minimum of three (3) years of business experience providing requested goods and services.

CONTRACTOR RESPONSIBILITIES

Contractor shall:

A. Provide products specified herein or otherwise agreed to in writing by County.

B. Delivered products must conform to the Contract.

C. Contractor shall accept RETURNS of products at Contractors expense. No restocking fees or any type of return fee shall be accepted for payment.

D. Place orders as needed. County shall not be subjected to placing minimum orders.

E. Package and provide ammunition in bulk, at a minimum of 500 rounds per case, or in a standard 50 round box with 10 boxes per case.

F. Products supplied shall be new, no irregulars, no seconds, and no substitutions will be accepted. Incorrect delivered/picked-up products shall be replaced with the correct products by the Contractor at the Contractor’s expense within 5 business days from the notification date. All orders must be completed when shipped/picked-up and received by the time specified.

G. Ensure Winchester manufacturer ammunition listed on Attachment B – Pricing and

Compensation is in stock and available for purchase. If Winchester ammunition is not in stock at the time the order is placed, the Contractor has thirty (30) day’s maximum to obtain requested item.

H. Orange County Probation Department authorized personnel will provide the following when picking up Ammunition and Related Supplies: 1. Ammo Authorization Letter

(signed by the head of Agency). 2. Orange County Probation Department Identification

Badge. 3. Exemption Certificate

I. It is the Contractors responsibility to verify the identity of the authorized Orange County

Probation Department personnel when picking up an order.

SECTION 3. PRICING

Line Item MFR Product

Number Item

Description Caliber Unit of

Measure Unit Price for Single

Round

Total Price for 1,000

Rounds

1 Winchester Q4172 115 Grain-

Full Metal

Jacket

9mm 1,000

Rounds

2 Winchester RA9T 147 Grain-

Rager T-

Series, Jacketed

Hollow

Point

3 Winchester RA12005 2 3/4" in 9 pellet 00

Ranger Low

Recoil

Buckshot

12 Gauge 1,000

4 Winchester RA12RS15 2 3/4"

Rifled Slug

Low Recoil

12 Gauge 1,000

5 Winchester Q3131K 55 Grain

(Rifle

Round) -

Full Metal

Jacket

5.56 mm 1,000

Line Item MFR Product

Number Item

Description Caliber Unit of

Measure Unit Price for Single

Round

Total Price for 1,000

Rounds

6 Winchester Q4171 130 Grain-

Full Metal

Jacket

.38 Special 1,000

7 Winchester WC91 115 Grain

Brass

Enclosed

Base

8 Winchester WC92 124 Grain

Brass

Enclosed

Base

SECTION 4. VENDOR QUESTIONNAIRE

4.1 BID VALIDITY: *

Bids will be valid for a period of 365 days after IFB closing date.

☐ Please confirm

*Response required

4.2 COMPANY PROFILE, REFERENCES BIDDER CERT

4.2.1 Company Legal Name:*

*Response required

4.2.2 Company Legal Status (Corporation, Partnership, Sole Proprietor, etc.):*

*Response required

4.2.3 Business Address:*

*Response required

4.2.4 Telephone No:*

*Response required

4.2.5 Facsimile Number:*

*Response required

4.2.6 E-mail Address:*

*Response required

4.2.7 Length of time the firm has been in business:*

*Response required

4.2.8 Length of time at current location:*

*Response required

4.2.9 Is your firm the sole proprietor doing business under a different name:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.10 If yes, please indicate sole proprietor’s name and the business name:*

*Response required

4.2.11 Is your firm incorporated:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.12 If yes, State of Incorporation:*

*Response required

4.2.13 Federal Taxpayer I.D. No:*

*Response required

4.2.14 D-U-N-S® No:*

*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.

*Response required

4.2.15 UEI No*

The County requires a valid UEI number prior to Contract Award. Your company may obtain one at no cost at https://sam.gov/entity-registration.

*Response required

4.2.16 Regular Business Hours:*

*Response required

4.2.17 Regular Holidays and Hours when business is closed:*

*Response required

4.2.18 Contact person in reference to this solicitation:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

http://www.dnb.com/ https://sam.gov/entity-registration

• Cell or Pager Number:

*Response required

4.2.19 Name of Service Manager:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.20 Contact Person for Accounts Payable:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.21 In the event of an emergency or declared disaster, the following information is required:*

• Name of Contact individual during non-business hours:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.22 References (minimum 3)*

Please Provide the following information for at least three (3) references:

Contractor shall submit at least three (3) references or letter of references where similar work of similar size is currently in process or recently completed. References must cover commodities or services performed by your company within the past ten (10) years. Include name of firm, phone, and name of the contact person, a brief work/project description, and completion date. These references will be checked and could affect the award of the

Contract. References shall not be provided for department conducting the solicitation.

• Firm Name:

• Address:

• Contact Person:

• Phone Number:

• Email Address:

• Contract Description:

• Contract Term:

• Contract Amount:

*Response required

4.3 BIDDER CERTIFICATION

4.3.1 Conflict of Interest*

Bidder must certify either Yes or No below:

Bidder certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:

A. (Yes) Disclose any financial, business or other relationship with the County of Orange, any other entity that the Orange County Board of Supervisors governs*, or any Orange

County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.

B. (No) Bidder certifies that no relationships exist/existed as outlined in item I above.

*Orange County Board of Supervisors govern: All Assessment Districts, All Community

Facilities Districts, All Reassessment Districts, Housing and Community Development

Commission, Housing Successor Agency to the Orange County Development Agency, In-

Home Supportive Services Public Authority, Industrial Development Authority For

Orange County, Local Redevelopment Authority Marine Corp Air Station (MCAS) El

Toro, Orange County Financing Authority, Orange County Flood Control District, Orange

County Housing Authority, Orange County Housing Authority Acting As the Housing

Successor Agency, Orange County Public Financing Authority, Orange County Special

Financing Authority, South Orange County Public Financing Authority, and the Successor

Agency to the Orange County Development Agency

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.2 Disclose any financial, business or other relationship with the County of

Orange, any other entity that the Orange County Board of Supervisors governs*, or any

Orange County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.*

*Response required

4.3.3 Litigation*

Bidder must certify either Yes or No below:

Bidder certifies current/past litigation as follows:

A. (Yes) Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving Bidder, or any company that holds a controlling interest in Bidder, against the County of Orange in the past seven (7) years.

B. (No) Bidder certifies that Bidder or any proposed subcontractors do not have any past or current litigation.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.4 Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company that holds a controlling interest in subcontractor firm(s), against the County of Orange in the past seven (7) years.*

*Response required

4.3.5 Name/Ownership Changes:*

Respondent must certify either Yes or No below:

A. (Yes) Respondent certifies past company name changes and/or ownership changes, for

Respondent’s firm and any proposed subcontractor firm, as follows:

1. Respondent shall provide detailed information regarding any company name changes

(including legal business names) in the past seven (7) years.

B. (No) Respondent certifies that Respondent or any proposed subcontractors have not had any company name change or ownership changes in the past seven (7) years.

☐ Yes

☐ No

When equals "Yes"

4.3.6 Bidder shall provide detailed information regarding any company ownership changes (including legal business names) in the past seven (7) years. *

4.3.7 Statement of Compliance*

A. (Yes): Bidder certifies it is in strict compliance with this IFB, including, but not limited to the terms and conditions set forth in the Model Contract and its Attachments and

Exhibits, and no exceptions are proposed.

B. (No): Bidder certifies it is in strict compliance with this IFB, including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits, except for those exceptions expressly listed as required by this IFB and attached hereto. Attachments for each proposed exception to this IFB, including, but not limited to the Model Contract, must include:

1. The complete provision Bidder is taking exception to.

2. The IFB page number and section of the provision Bidder is taking exception to.

3. The suggested rewording (i.e., Microsoft Word track changes)

4. Reason(s) for submitting the proposed exception.

5. Any impact the proposed exception may have on the services to be provided.

☐ Yes

☐ No

*Response required

When equals "No"

4.3.8 Provide exceptions to the requirements of this IFB including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits.*

*Response required

4.3.9 Financial Status*

A. Bidder shall indicate whether its principals, directors, or majority shareholder(s), or any company

Bidder has held a controlling interest in, or which has held a controller interest in Bidder, has ever filed or has been involuntarily put into bankruptcy or has been declared bankrupt. If yes, attach statement indicating the bankruptcy date, court jurisdiction, trustee’s name and telephone number, amount of liabilities, amount of assets and current status of bankruptcy.

No action pending No prior action Information Attached

☐ No Action Pending

☐ No Prior Action

☐ Information attached

*Response required

4.3.10 Is your firmIs your firm a County Of Orange Local Small Business (OCLSB) or a

Disabled Veteran Business Enterprise (DVBE)?*

To participate as an OCLSB and/or DVBE, the requirements in the OCLSB AND DVBE

PREFERENCE POLICIES CERTIFICATION REQUIREMENTS must be met.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.11 County of Orange Local Small Business (OCLSB) and/or Disabled Veteran

Business Enterprise (DVBE) Affirmation*

Please download the below documents, complete, and upload.

• Local_Small_Business_(OCLSB...

*Response required

4.3.12 The Levine Act: County of Orange Campaign Contribution Disclosure*

The Levine Act compliance is a minimum submittal requirement of this solicitation.

Please complete and sign the County of Orange Campaign Contribution Disclosure Form attached hereto. A proposer’s failure to provide a completed and signed copy will render its proposal as incomplete and nonresponsive.

• Levine_Act_-_Campaign_Contr...

*Response required

4.3.13 Certification Regarding Debarment *

Please download the below documents, complete, and upload.

• CERTIFICATION_REGARDING_DEB...

*Response required

SECTION 5. GENERAL INFORMATION

5.1 IMPORTANT NOTICE

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 https://procurement.opengov.com/portal/ocgov/projects/140837/document?section=undefined https://procurement.opengov.com/portal/ocgov/projects/140837/document?section=undefined 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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 the County’s online biding system.

5.2 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this Invitation for Bid (IFB). County will provide all official communication concerning this

IFB. Any County response relevant to this IFB other than through or approved by County is unauthorized and will be considered invalid.

All questions regarding this IFB must be submitted via the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov.

5.3 CLARIFICATION/INTERPRETATION

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on County’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County DPA. All addenda will be submitted and posted on the County’s online bidding system. It is the responsibility of each Bidder to periodically check the County’s online biding 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.

All questions or requests for interpretation must be received by Friday, March 7, 2025 before 12:00 am.

5.4 BID VALIDITY

Bids will be valid for a period of 365 days after IFB closing date.

5.5 IMPORTANT DATES

These dates only apply to IFB# IFB-057-2741801-JI

Release Project Date: February 19, 2025

Question Submission Deadline: March 7, 2025, 12:00am

Bid Submission Deadline: March 26, 2025, 2:00pm

5.6 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.

ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

Board of Supervisors

Donald P. Wagner, Chairman, Third District

Doug Chaffee, Vice Chairman, Fourth District

Janet Nguyen, First District

Vicente Sarmiento, Second District

Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor

Hugh Nguyen, Clerk-Recorder

Todd Spitzer, District Attorney-Public Administrator

Don Barnes, Sheriff-Coroner

Shari A. Freidenrich, Treasurer-Tax Collector

Andrew Hamilton, Auditor-Controller-Elect

SECTION 6. GENERAL INSTRUCTIONS

6.1 REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine 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. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

6.2 RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the VENDOR

QUESTIONNAIRE.

6.3 BID SUBMISSION

Electronic Bids shall be submitted via the County’s online bidding system via the following link https://procurement.opengov.com/portal/ocgov. All required sections of the IFB as listed above, must be submitted via the County’s eProurement Portal. Bidder is solely responsible for “on time” submission of their electronic bid. The County will not accept late bids and no exceptions shall be made. County will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by County until after the IFB deadline. If you encounter any problems with your registration, system, bid submission, or other system issues please https://procurement.opengov.com/portal/ocgov/projects/140837/document?section=1273187 https://procurement.opengov.com/portal/ocgov/projects/140837/document?section=1273187 contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

6.4 AWARD

Upon recommendation of Contract award, Bidder 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 may be required to submit a

587/590 Form.

6.5 PRICING

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the entire contract term of the awarded Contract.

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

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

D. Firm Prices: The County will only consider firm price bids.

E. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

F. Price Decreases: All price/rate decreases will automatically be extended to the County. Please reference Paragraph – Price Increase/Decrease provision for additional information.

G. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the County.

6.6 NO SUBSTITUTION

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.

6.7 COMPANY PROFILE, BIDDER CERTIFICATION AND REFERENCES ***

MAY BE A VENDOR QUESTION

Bidder shall utilize the forms provided to satisfy this requirement.

6.8 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 mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation 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.

6.9 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 Sheet.

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.

6.10 PROTESTS

In the event a Bidder believes that County’s solicitation 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. ProcedureAll 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:

1. The name, address and telephone number of the protester.

2. The signature of the protester or the protester’s representative.

3. The solicitation or contract number.

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

5. The form of relief requested.

B. Protest of Bid Specifications:

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

2. 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.

C. 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 County DPA. 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 County DPA, the County Procurement Officer or the Procurement

Appeals Board renders a decision on the protest.

b. Upon receipt of a timely protest, the County DPA 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 County DPA, the protestor may submit a written notice to the Office of the County Procurement Officer requesting an appeal to the

Procurement Appeals Board, in accordance with the process stated below.

B. Appeal Process

A. If the protester wishes to appeal the decision of the County DPA, the protester must submit, within three (3) business days from receipt of the County DPA’s decision, a written appeal to:

Email: CPOAppeals@ocgov.com

Or

County of Orange/County Procurement Office 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701

B. Within fifteen (15) business days, the County Procurement Officer 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 Procurement Officer 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.

6.11 ACCEPTANCE/REJECTION/AWARD

Acceptance/Rejection/Award

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law. The County shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the County.

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.

mailto:CPOAppeals@ocgov.com

D. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

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

F. Final award determination shall be based upon the lowest responsive, responsible bid, and may also include a review of 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.

G. By submitting a response to this solicitation, Bidders agree to accept the decision of the County

DPA as final.

H. 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.

6.12 RIGHTS RESERVED TO COUNTY:

The County reserves the right to:

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

B. County reserves the right, at its sole discretion, to make multiple awards to Bidders for services requested in this solicitation.

C. Accept or reject in whole or in part any or all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interest of the County may require.

D. Negotiate the final Contract with the lowest, responsive and responsible Bidder or

Bidders as necessary to serve the best interests of the County.

E. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representation that any contract will be awarded to any

Bidder responding to this solicitation.

F. 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; therefore, bids must be provided for each item separately; “all-or-none” bids will not be accepted unless in the best interest of the County.

6.13 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.

6.14 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.

6.15 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.

6.16 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.

6.17 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 bid submission response.

6.18 UNIQUE ENTITY IDENTIFIER NUMBER (UEI)

The County requires a valid UEI number prior to Contract Award of Human Services. If needed, your company may obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a

UEI number, please indicate so in your bid submission response.

SECTION 7. PROBATION ADDITIONAL TERMS AND CONDITIONS

7.1 CONTRACTOR'S PERSONNEL REQUIREMENTS:

Contractor’s employees assigned to provide services under this Contract must obtain Background

Clearance through the Probation Department’s background investigation process and meet all requirements as set forth below:

1. All Contractor’s employees assigned to perform the work under this Contract shall be subject to in accordance with Article X - Contractor Background

Clearance. Background Clearance must be updated and renewed for every employee every five (5) years until Contract expires or employee separates from company.

2. No employee shall be assigned to perform the work under this Contract that has not received prior Background Clearance from the Probation Department.

3. Contractor is responsible for ensuring that anytime an employee is assigned to perform work pursuant to this Contract that a Background Clearance request is submitted and approved in accordance with Article X - Contractor Background Clearance prior to that employee requiring access to such premises for providing services under this Contract.

4. Contractor shall be responsible for submitting updated Background Clearance requests in order to renew the clearances. An updated request shall be submitted at least thirty

(30) County working days prior to the expiration of an existing clearance; a

Background Clearance is valid for five (5) years from the date of issuance or until the

Contract expires or the employee separates from company. If Contractor fails to provide a timely updated Background Clearance request for an employee, resulting in a lapse of that security clearance, Contractor shall remove and replace such employee at the County property. Repeated failure of Contractor to provide timely updated

Background Clearance requests may result in County exercising its rights pursuant to

Article X - Breach of Contract.

5. Contractor employee Background Clearance information shall be thoroughly and accurately completed. Omissions or false statements, regardless of the nature or magnitude, may be grounds for denying clearance.

6. Contractor’s employees assigned to perform Services under this Contract will be required to complete the following forms as part of the Probation Background

Clearance process: FBI Criminal Justice Information Services Security Addendum

(CJIS), Employee/Volunteer Statement Form, Confidentiality of Criminal Offender

Record Information (CORI), Employee Acknowledgement of Employer Form, Prison

Rape Elimination Act (PREA), California Law Enforcement Telecommunications

Systems (CLETS) and Federal Bureau of Investigation Criminal Justice Information

Services Security Addendum Certification. These forms are Department requirements and federal mandates and are not optional. Required forms will be sent to the

Contractor’s employee prior to the Background Clearance appointment. An email notification from Probation’s Background Unit will be sent annually for cleared employees to the respective Contractor with detailed instructions on how to complete the required forms. Any cleared employee who does not complete this process shall have their Background Clearance revoked and shall be denied access to all Probation

Department facilities and/or area offices.

7. Contractor shall sign the Prison Rape Elimination Act (PREA) Form (attached hereto as Attachment X and the California Law Enforcement Telecommunications System

(CLETS) Private Contractor Management Control Agreement (attached hereto as

Attachment X in order to provide Contractor access to such information as may be needed to perform services under this Contract, provided it is understood Contractor will not have access to the CLETS system itself. Based on the level of CLETS access granted, Contractor may be required to complete CLETS National Crime Information

Center (NCIC) training.

7.2 CONTRACTOR BACKGROUND CLEARANCE:

At least thirty (30) days prior to the start of the Contract, or as soon as possible thereafter, Contractor shall email a list of current employees who will be assigned to perform services under this Contract to: Prob-ContractBackgrounds@prob.ocgov.com and carbon copy to Prob-

Purchasing-Contracts@prob.ocgov.com, so that Probation can conduct background investigations of those assigned employees as required by this Contract. While Background Clearance may be denied for many reasons based on information obtained in a background investigation, an omission or false statement made by the employee, regardless of the nature or magnitude of the omission or false statement, may also be ground for denying Background Clearance.

Within thirty (30) days of separation of any approved employee who leaves Contractor’s employment, Contractor shall notify Probation of such separation, by email to: Prob-

ContractBackgrounds@prob.ocgov.com and carbon copy to Prob-Purchasing-

Contracts@prob.ocgov.com.

All Contractor and Contractor Employees assigned under this Contract are required to receive prior Background Clearance from Probation before providing any Services. A representative from Probation’s Background Unit will notify Contractor as to whether or not each employee has passed background. If Contractor or Contractor’s employee is denied Background

Clearance, neither County nor Probation will provide a reason for the denial to Contractor or to the employee.

7.3 CONTRACTOR BACKGROUND CLEARANCE:

At least thirty (30) days prior to the start of the Contract, or as soon as possible thereafter, Contractor shall email a list of current employees who will be assigned to perform services under this Contract to: Prob-ContractBackgrounds@prob.ocgov.com and carbon copy to Prob-

Purchasing-Contracts@prob.ocgov.com, so that Probation can conduct background investigations of the Contractor and Contractor’s employees as required by this Contract. While Background

Clearance may be denied for many reasons based on information obtained in a background investigation, an omission or false statement made by the employee, regardless of the nature or magnitude of the omission or false statement, may also be grounds for denying Background

Clearance.

Within thirty (30) days of separation of any approved employee who leaves Contractor’s employment, Contractor shall notify Probation of such separation, by email to Prob-

ContractBackgrounds@prob.ocgov.com and carbon copy to Prob-Purchasing-

Contracts@prob.ocgov.com.

All Contractor and Contractor Employees assigned under this Contract are required to receive prior background clearance from Probation before providing any services. A representative from Probation’s Background Unit will notify the Contractor as to whether or not mailto:Prob-ContractBackgrounds@prob.ocgov.com mailto:Prob-Purchasing-Contracts@prob.ocgov.com mailto:Prob-Purchasing-Contracts@prob.ocgov.com mailto:Prob-ContractBackgrounds@prob.ocgov.com mailto:Prob-ContractBackgrounds@prob.ocgov.com mailto:Prob-Purchasing-Contracts@prob.ocgov.com mailto:Prob-Purchasing-Contracts@prob.ocgov.com mailto:prob-contractbackgrounds@prob.ocgov.com mailto:Prob-Purchasing-Contracts@prob.ocgov.com mailto:Prob-Purchasing-Contracts@prob.ocgov.com mailto:Prob-ContractBackgrounds@prob.ocgov.com mailto:Prob-ContractBackgrounds@prob.ocgov.com mailto:Prob-Purchasing-Contracts@prob.ocgov.com mailto:Prob-Purchasing-Contracts@prob.ocgov.com each employee has passed background. If Contractor or Contractor’s employee is denied

Background Clearance, neither the County nor Probation will provide a reason for the denial to the Contractor or to the employee.

7.4 PROBATION BACKGROUND INVESTIGATION:

Probation shall conduct a background investigation on Contractor’s employees identified as assigned to perform services under this Contract and Article X – Contractor Background

Clearance. The background investigation may include, but shall not be limited to, an interview, fingerprinting, completion of a personal history statement and pre-investigative questionnaire, verification of education and prior employment history, and a criminal record check with the

Department of Justice. The Department of Justice will notify Probation of any subsequent arrests and/or convictions of any of Contractor’s employees approved to perform services under this

Contract.

Contractor and Contractor’s employees must pass Probation’s background investigation process and meet all requirements as set forth below:

A. Background Clearances will remain active until the Contract expires or employment is terminated.

B. No employee shall be assigned to perform the work under this Contract that has not received prior security clearance from Probation.

C. Contractor is responsible for ensuring that anytime an employee is assigned to perform work pursuant to this Contract that a Background Clearance request is submitted and approved in accordance with Article X - Contractor Background Clearance prior to that employee requiring access to such premises for providing services under this Contract.

D. Background investigation information shall be thoroughly and accurately completed.

Omissions or false statements, regardless of the nature or magnitude, may be grounds for denying Background Clearance.

E. Contractor’s employees assigned to perform services under this Contract will be required to complete the following forms as part of the Probation Background Process: FBI Criminal

Justice Information Services Security Addendum (CJIS), Employee/Volunteer Statement

Form, Confidentiality of Criminal Offender Record Information (CORI), Employee

Acknowledgement of Employer form, Prison Rape Elimination Act (PREA), California

Law Enforcement Telecommunications Systems (CLETS) and Federal Bureau of

Investigation Criminal Justice Information Services Security Addendum

Certification. These are Department requirements and federal mandates and are not optional. Required forms will be sent to the Contractor’s employee prior to the background

Clearance appointment. An email notification from Probation’s Background Unit will be sent annually for cleared employees to the respective Contractor with detailed instructions on how to complete the required forms. Any cleared employee who does not complete this process shall have their Background security Clearance revoked and shall be denied access to all Probation Department facilities and/or area offices. All forms will be sent to

Contractor’s employee prior to background investigation appointment.

F. Contractor shall sign the Prison Rape Elimination Act (PREA) Form (attached hereto as

Attachment X and the California Law Enforcement Telecommunications System (CLETS)

Private Contractor Management Control Agreement (attached hereto as Attachment X in order to provide Contractor access to such information as may be needed to perform services under this…