Att._2_Admin_Requirements.docx

Department of General Services BU 3600 Event ID 0000033763 Procurement Division Attachment 2

California Department of Fish and Wildlife (CDFW) Fish Hauling Tanks

ADMINISTRATIVE REQUIREMENTS

1. DESCRIPTIVE LITERATURE

Bidders are requested to submit complete descriptive literature which should be annotated to specify the applicable page, brand, and model or item(s). Descriptive literature must be submitted with the bid response.

FAILURE TO SUBMIT DESCRIPTIVE LITERATURE WITH THE BID WILL BE CONSIDERED NON-RESPONSIVE AND NOT ACCEPTED.

2. WORKMANSHIP

The equipment and any accessories shall be a product of good workmanship and shall be free from any defects that will affect their appearance or serviceability. This includes but not limited to no scratches on paint, fiberglass, or aluminum, no sharp edges from machining or installation, wiring is securely fastened and free of obstructions, and all hardware is installed correctly. Sharp corners on all material shall be rounded to prevent personnel injury.

3. PRODUCTS

4. PRE-CONSTRUCTION MEETING

Within fourteen (14) days after receipt of Purchase Order, the California Department of Fish and Wildlife (CDFW) representatives shall schedule a pre-construction meeting with the Contractor’s representative(s). This meeting will be held over video chat, phone, or in person as determined by CDFW.

At least five (5) working days prior to the pre-construction meeting, Contractor shall provide legible drawings with dimensions (top view, side view. front view, and layout etc.) to CDFW.

The purpose of this pre-construction meeting is to review Tank drawings, design, etc. In addition, the Contractor shall provide a production timeline for construction.

CDFW representatives contact information:

5. INSPECTION AND ACCEPTANCE

Inspection will be done at the time of delivery at the final destination by CDFW hatchery staff. Completion of inspection or acceptance by the CDFW hatchery staff shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty. The Contractor shall correct deviations from the specified requirements that are detected by CDFW in an expeditious manner at no expense to CDFW.

6. FAILED ACCEPTANCE

Should the fish hauling tanks or any of the equipment provided fail to meet the State's minimum conditions, requirements, or other applicable standards, specifications, or guidelines, the following resolution process will be employed.

1. CDFW will notify the Contractor in writing within five (5) business days after delivery of any acceptance problems by identifying the specific inadequacies and/or failures in the products produced by Contractor. An email from the CDFW to Contractor will be allowed as the initial problem notification document.

1. Contractor will, within five (5) business days after initial problem notification, respond to CDFW by submitting a detailed explanation describing precisely how the identified products actually adhere to and satisfy all applicable requirements, and/or a proposed corrective action plan to address the specific inadequacies and/or failures in the identified products. Failure by the Contractor to respond to the CDFW initial problem notification within the required time limits may result in immediate contract termination. In the event of such termination, the Contractor will remove the fish hauling tank(s) from the CDFW site and the order will be cancelled at no cost to CDFW. An email from Contractor to the CDFW Representative Contact will be allowed as the response to initial problem notification document.

1. CDFW will, within five (5) business days after receipt of Contractor’s detailed explanation and/or proposed corrective action plan, notify the Contractor in writing whether it accepts or rejects the explanation and/or plan. If CDFW rejects the explanation and/or plan, the Contractor will submit a revised corrective action plan within five (5) business days of notification of rejection. Emails are allowed as the communication medium. Failure by the Contractor to respond to the State’s notification of rejection by submitting a revised corrective action plan within the required time limits may result in immediate contract termination.

1. CDFW will within five (5) business days of receipt of the revised corrective action plan, notify Contractor in writing whether it accepts or rejects the revised corrective action plan. Rejection of the revised corrective action plan will result in immediate contract termination. Emails are allowed as the communication medium.

7. BOOKS AND MANUALS

Contractor shall provide at the time of fish hauling tank delivery, at least one (1) hard copy of complete operator/instruction manual(s).

8. WARRANTY

The contractor shall provide copies of the manufacturer's warranties (including purchased equipment) at the time of delivery.

Equipment, electronics, and miscellaneous shall include manufacturers’ standard warranties. The Contractor shall respond to warranty requests within five (5) business days of report of a failure from the CDFW and shall dispatch a representative to address any workmanship-related issues.

Contractor must have a Warranty Service provider.

All products offered must conform to the warranty language identified in the General Provisions, 19, Warranty.

Contractor shall bear all material, labor and transportation costs for repair or defects as well as failures occurring within the warranty period.

9. DELIVERY

Delivery is to be completed in full by March 31, 2026. For delivery instructions and addresses see Attachment 6 - Shipping List.

Delivery timelines can be changed if both the state and the contractor agree. Approval for extensions will be done using Attachment 5 - Work Authorization Form. The Contractor will submit a Work Authorization Form to CDFW for approval and after CDFW ‘s approval, can proceed with the approved changes. The approved Work Authorization Form will thereby be incorporated to the contract. A Purchase Order Change or amendment will not be required. Delivery is to be completed in full within one-hundred and twenty (120) calendar days After Receipt of Purchase Order (ARO).

10. PARTIAL DELIVERIES

The State will allow the for invoicing and payment of each unit after Contractor completes delivery and inspection of each unit is passed and accepted by CDFW.

11. UNANTICIPATED TASKS

For the purpose of this procurement, the State shall allow an amount equal to 10 percent of the total contract/purchase order (PO) to be added to the contract/purchase order to allow for State required options/upgrades (components, equipment, licenses, true up, parts, etc. that provide additional functionality to the specification or scope of work), unanticipated tasks (well documented and unanticipated price increase of goods/services, tax, freight/shipping/delivery or additional work that must be performed which was wholly unanticipated and is not specified in the specification, but which in the opinion of both parties is necessary), and unforeseen components or labor, etc. necessary to complete the requirements as indicated within the agreement. This is the maximum amount that will be available for State required and approved options/upgrades, components, additional work, etc. after PO award.

All Unanticipated Tasks must be defined and authorized by Attachment 5 - Work Authorization Form. The Contractor will submit a Work Order Authorization Form to CDFW and after CDFW ‘s approval, can proceed with the approved changes, and will be paid from this reserved allowance.

Each Work Authorization Form shall consist of a detailed statement of the work to be performed, an estimated time schedule for the performance of the work, and the Contractor’s itemized and total one-time and on-going costs, or cost reductions, of the Work Authorization. Prior to commencing work, the Work Authorization Form must be signed by the Contractor’s designated representative and by CDFW ‘s or designated representative. The approved Work Authorization will thereby be included in the contract. A Purchase Order Change or Amendment will not be needed unless there is a change to the PO amount.

The Contractor is not entitled to any portion of the additional 10 percent unless the extra components, labor, tasks, etc. are documented and approved by the CDFW.

12. WORK AUTHORIZATION FORM

If the CDFW requires additional work, such as adding transactions or features, that is unanticipated and is not specified in the Contract but is, in the opinion of both parties, necessary to the successful accomplishment of the general scope of work outlined, Attachment 5 - Work Authorization Form, will be used to obtain the approval. The approved Work Authorization will thereby be included in the contract. A Purchase Order Change or Amendment will not be needed unless there is a change to the PO amount.

13. PRICE ESCALATION

The Contractor may submit proposed escalation notice, in writing using Attachment 5 - Work Authorization Form, to CDFW no earlier than one year from the PO date. Such notices shall include substantiated information to support the proposed escalation (e.g., manufacturer’s price list, significant changes in published market indicators for the industry, certified raw material cost date, and other substantiating information as requested by the State).

Upon receipt of such notice, the State reserves the right to either: accept the escalation as competitive with the general market price at the time, effective 30 days after written approval from the State; negotiate proposed price escalation; or cancel any un-purchased balance of the PO without prejudice effective upon written notice by the State.

No price increase shall apply to quantities ordered prior to the effective date of the price increase. New prices shall be firm for a minimum of 12-months from the date effective date of escalation. The Delivery and Unanticipated Tasks clauses may be updated to better reflect new construction and delivery timeframes. All contract changes and price escalation information shall be detailed on Attachment 5 - Work Authorization Form and must be signed by the Contractor’s designated representative and by CDFW or designated representative. The executed Work Authorization will thereby be incorporated as a Schedule to this Agreement. A Purchase Order Change or Amendment will not be required unless there is a change to the PO amount.

14. CUSTOMER REFERENCES

Prior to award, at the State’s sole discretion, Bidder is required to submit at least three (3) customer references in order to demonstrate to the State that the Bidder can provide Fish Hauling Tanks and can handle the anticipated spend for this solicitation.

Customer References must be for the Bidder. Customers are defined as end-users of the product. References from a contractor for which the Bidder did sub-contract work are not acceptable.

Customer references shall:

· Be for work performed within the last five (5) years prior to bid submission due date.

· Be for similar product (i.e., fish hauling tanks) to that requested in this RFQ.

· In total, must be valued at or above $50,000.00. An accumulation of orders from a single customer or multiple references from different customers totaling the applicable minimum value is acceptable.

· Confirm that the Bidder’s overall performance of contract requirements was, at minimum, satisfactory.

References from the DGS-PD are not acceptable. References for transactions against California Statewide Contracts or other Leveraged Procurement Agreements must be from an ordering department.

The State will provide the Bidder Attachment 2 – Exhibit A - Customer Reference Form. Customer references must be provided on this form only. References submitted in any other format will not be considered. Bidder shall submit Customer Reference Form with bid response.

The State may contact customer references to verify the information on the submitted forms. Failure to submit compliant references may result in rejection of the bid.