CN250030_Refrigerator___Freezer_Repair_IFB.pdf

California Department of Education Invitation for Bid (IFB) Refrigerator and Freezer

Equipment Maintenance and Repair Services –

CN250030

Nutrition Services Division Analyst: Contract Analyst – Nikki Garcia

1430 N Street, Suite 2213 Sacramento, CA 95814

Email: NGarcia@cde.ca.gov Phone: 916-319-0940

Mandatory Site Inspection/Bid Conference: March 18, 2025, at 10:00 am PST Bid Due Date: March 25, 2025, at 2:00 pm PST

Public Bid Opening: March 27, 2025, at 11:00 am PST Contract Period: July 1, 2025 (or upon DGS Approval) – June 30, 2026

One-Year Option to Renew: July 1, 2026 – June 30 2027 One-Year Option to Renew: July 1, 2027 – June 30 2028 mailto:NGarcia@cde.ca.gov

TABLE OF CONTENTS

California Department of Education Invitation for Bid (IFB) Refrigerator and Freezer Equipment Maintenance and Repair Services – CN250030

TABLE OF CONTENTS

GENERAL INFORMATION

I. PURPOSE

II. IFB SCHEDULE

III. ELIGIBLE BIDDERS

IV. SUBCONTRACTING

V. DVBE PROGRAM REQUIREMENT

VI. PREFERENCE PROGRAMS

VII. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

NOTIFICATION

VIII. BIDDER REQUIREMENTS

IX. IFB DOCUMENTS

X. BID DOCUMENTS AS PUBLIC RECORD

XI. MANDATORY SITE INSPECTION

XII. BID SUBMISSION

XIII. BID SUBMISSION REQUIREMENTS

XIV. BASIS OF AWARD

XV. OPTION TO RENEW

XVI. CONTRACT AWARD PROTEST PROCEDURES

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

II. CONTRACT MONITORS

III. CONTRACTOR’S MINIMUM QUALIFICATIONS

IV. EQUIPMENT/INVENTORY LIST

V. SERVICE SCHEDULE AND COORDINATION

VI. MONTHLY INSPECTION AND PREVENTATIVE MAINTENANCE SERVICES

VII. REPAIR SERVICES

VIII. EMERGENCY REPAIRS

IX. REPLACEMENT PARTS

X. SERVICE GUARANTEE

XI. REPORTS

XII. INVOICING

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

II. BUDGET CONTINGENCY CLAUSE (rev. 9/2012)

III. PAYMENT

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT B.2 – CONTRACTOR’S BID FORMS

EXHIBIT B.3 – CONTRACTOR’S BID FORMS

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS & CONDITIONS

I. RIGHT TO TERMINATE

II. TERMINATION FOR TARGETS OF ECONOMIC SANCTIONS; EXECUTIVE

ORDER N-6-22 – RUSSIA SANCTIONS

III. RESOLUTION OF DISPUTES

IV. LOSS LEADER

V. ICT ACCESSIBILITY REQUIREMENTS (05/2018)

VI. PROHIBITION OF DISCRIMINATION

VII. HEALTH AND SAFETY

EXHIBIT E – ADDITIONAL PROVISIONS

I. COMPUTER SOFTWARE COPYRIGHT COMPLIANCE

II. CERTIFICATE OF INSURANCE REQUIREMENTS:

III. WORKERS’ COMPENSATION

IV. AMENDMENTS

V. OPTION TO RENEW

VI. EMPLOYEES

VII. PERMITS, LAWS AND REGULATIONS

VIII. QUALITY CONTROL

IX. CONTROL OF WORK

X. GUARANTEE

XI. PREVAILING WAGE

XII. MATERIALS AND EQUIPMENT

XIII. CLEAN UP

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 – CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE

ATTACHMENT 3 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 3a – DARFUR CONTRACTING ACT CERTIFICATION SUPPLEMENTAL 44

ATTACHMENT 4 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 5 – SMALL BUSINESS PREFERENCE SHEET

ATTACHMENT 6 - BIDDER CERTIFICATION

ATTACHMENT 7 – PROTEST PROCEDURES FOR INVITATION FOR BIDS

GENERAL INFORMATION

I. PURPOSE

The California Department of Education (hereinafter referred to as CDE) is soliciting bids to provide refrigerator and freezer equipment maintenance and repair services for the Pomona Distribution Center, 2550 Fulton Road, Pomona, California, 91767, in accordance with the specifications contained herein this Invitation for Bid (IFB).

It is anticipated that the contract start date will begin approximately on July 1, 2025. The actual start date of the contract is contingent upon approval of the agreement by the Department of General Services (DGS), if required. Contract includes two one-year options to renew.

Award of a contract as a result of this IFB shall be contingent on DGS approval, CDE executive approval, funding and program authorization provided to and by the CDE.

II. IFB SCHEDULE

Activity Action Date

Invitation for Bid Advertisement March 4, 2025

Mandatory Site Inspection

March 18, 2025 at 10:00 am PST

Bids Due March 25, 2025 at 2:00 pm PST

Public Bid Opening March 27, 2025 at 11:00 am PST

Contract Start Date July 1, 2025, or upon contract/DGS approval, whichever is later

III. ELIGIBLE BIDDERS

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB. The bidder must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State), if applicable. Bidders must be a legally cognizable public agency, sole proprietorship, partnership, or corporation (fully incorporated by the deadline for submitting bids). Failure to meet the foregoing requirement will result in disqualification.

Bidders who have had a contract terminated by the CDE in the past 18 months may be automatically disqualified.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirement

This solicitation is exempt from DVBE participation.

See General Information, Article V DVBE Participation Goals for information.

B. Targets of Economic Sanctions; Executive Order N-6-22 – Russia Sanctions:

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

IV. SUBCONTRACTING

The bidder responding to this IFB must serve as the Prime Contractor and will be the responsible entity in ensuring that all services and activities are competently and successfully completed. If any portion of the work outlined in Exhibit A, Scope of Work, is to be subcontracted out, or performed by anyone other than the bidder, a Bidder Declaration Form (GSPD-05-105) must be completed and submitted as part of the bid submission. The Bidder Declaration Form must bear the original signature of the person authorized to bind the bidder. The Bidder Declaration form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

A. Commercially Useful Function

Bids must propose that Prime bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State.

Commercially useful function is defined as: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of service and goods); 2) Carries out its obligation by actually performing, managing or supervising the work involved; 3) Performs work that is normal for its business services and functions; 4) Is responsible, with respect to products, inventories, materials and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and 5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (Tit. 2 CCR § 1896.71(b).)

A small or microbusiness/DVBE contractor, subcontractor or supplier is not performing a “commercially useful function” if its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of small business or microbusiness/DVBE participation. (GC § 14837(d)(4);

Tit. 2 CCR § 1896.15.) (Mil. & Vet. Code § 999(b)(5)(B); Tit. 2 CCR § 1896.71(c).)

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

V. DVBE PROGRAM REQUIREMENT

Section 10115 et seq. of Public Contract Code, and Section 999 et seq. of the Military and Veterans Code requires a goal of three percent (3%) certified California Disabled Veteran Business Enterprise (DVBE) participation for all contracts on an agency-wide basis of $25,000.00 and over unless exempted due to the services provided.

This solicitation is exempt from DVBE participation, however the DVBE incentive still applies (see Article VI. Preference Programs).

The CDE is committed to achieving legislatively established goals for the participation of DVBEs in all contracting and seeks to use certified California DVBE business whenever possible.

VI. PREFERENCE PROGRAMS

A. Small Business Preference

A five percent (5%) bid preference is available and will be applied in accordance with Attachment 5. The small business preference will be applied to those bidders declaring their eligibility by completing Attachment 5. The bidder must include proof of Small Business certification, if applying for the preference. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Information regarding this preference program may be obtained on the DGS website, https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/How-to-do-business-with-the-state-of-California

B. DVBE Incentive Option

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to responsive and responsible bidders who provide DVBE participation as outlined below. The incentive amount for awards based on the lowest responsive/ responsible bid received will vary in conjunction with the percentage of DVBE participation. The incentive is only given to those bidders who are responsive to the DVBE Program Requirements and DVBE participation in the resulting contract. The following represents the percentages that will be applied:

• Confirmed DVBE Participation of 5% or more, the DVBE Incentive is 5%.

• Confirmed DVBE Participation of 4% to 4.99%, the DVBE Incentive is 4%.

• Confirmed DVBE Participation of 3% to 3.99%, the DVBE Incentive is 3%.

In order to receive the incentive bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

The bidder must also include proof of DVBE certification, if applying for the incentive.

Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

VII. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

VIII. BIDDER REQUIREMENTS

Bidders must be responsible and have the capability to professionally carry out the terms of this contract. Those bidders who have had a contract terminated with the CDE in the past 18 months will be disqualified and will not be considered in the award process.

The Bidder and all technician(s) conducting work under this agreement must possess a valid and current certification of a C-38 Refrigeration Contractor’s License issued by the Contractor’s State License Board.

Any of the Bidder’s technician(s) conducting work under this agreement shall be at the journeyman level.

IX. IFB DOCUMENTS

Any conflicts, omissions or errors in the IFB or questions concerning clarification or interpretation of the IFB, shall be brought to the attention of Contract Analyst Nikki Garcia, NGarcia@cde.ca.gov, 916-319-0940. The CDE reserves the right to rephrase or not answer any question submitted.

The CDE reserves the right to amend or modify the IFB document prior to the final bid submittal date identified herein by issuing an addendum to all parties. The CDE will not be bound by verbal representations or interpretations.

The CDE reserves the right, at its sole discretion, for any reason, including price, rates, costs, etc., to cancel or modify this IFB, in whole or in part, prior to the award of any contract. The CDE may waive any immaterial deviation or defect in a bid proposal. The CDE’s waiver of a deviation or defect shall in no way modify the IFB documents or excuse the Contractor from full compliance with the IFB specifications if awarded the contract. The CDE may reject any bid for any deviation or defect.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact Nikki Garcia, by phone at 916-319-0940 or by e-mail at NGarcia@cde.ca.gov.

X. BID DOCUMENTS AS PUBLIC RECORD

All bids and related documents submitted in response to this IFB become the property of the State of California and are considered public records and are subject to disclosure upon request, pursuant to Government Code Section 6250 et seq. All contracts awarded and all attachments thereto will become public records.

XI. MANDATORY SITE INSPECTION

A Mandatory Site Inspection is scheduled for Tuesday March 18, at 10:00 am PST at the Pomona Distribution Center, 2550 Fulton Road, Pomona, CA 91767.

Attendees must arrive on time and be present at the Mandatory Site Inspection until it has been concluded by CDE staff. Attendees more than 10 minutes late to the Mandatory Site Inspection will not be allowed to participate. Attendees must report to the Front Office Lobby. Please bring a copy of the IFB with you to the Mandatory Site Inspection.

Note: Bids from Contractors who do not attend, or who are more than 10 minutes late, or who leave the mandatory site inspection early will be rejected and returned unopened.

XII. BID SUBMISSION

Each bidder shall submit to the CDE two sealed copies of their bid meeting the specifications described in this IFB.

1. One (1) original set of bid documents which must bear the original signature of the individual authorized to do so, and

2. One (1) copy of the bid documents with a photocopy of the original signature.

All bid package documents must bear the original signature of the individual authorized to sign the contract. No electronic signatures will be accepted as original. Original signature shall mean a manual handwritten signature or mark in wet ink.

The bid shall be returned in a sealed envelope marked “SEALED BID – Refrigerator and Freezer Equipment Maintenance and Repair Services – DO NOT OPEN.” To prevent inadvertent premature opening, place sealed bid in one envelope within a second envelope addressed as follows:

California Department of Education Fiscal and Administrative Services Division Contracts Office Attention: Nikki Garcia – CN250030 – IFB 1430 N Street, Suite 2213 Sacramento, CA 95814 SEALED BID – Refrigerator and Freezer Equipment Maintenance and Repair Services

– DO NOT OPEN

Sealed bids may be submitted via mail to the address above. Or may be hand delivered to the CDE Mail Room located on the first floor of the CDE building at 1430 N Street, Sacramento, CA 95814. If hand delivering, bidder must check in with the security desk (present valid ID). Security personnel will not accept bids.

The deadline for submission of sealed bids is Tuesday, March 25, 2025 at 02:00 pm PST.

The bids will be publicly opened and read on Thursday, March 27, 2025 at 11:00 am PST at the California Department of Education, Fiscal and Administrative Services Division, 1430 N Street, Suite 2213, Room 2219, Sacramento, CA 95814.

In a closed session, following the bid opening and reading, the CDE will review the apparent low bid to determine if the low bidder is responsible and responsive to the IFB.

Bids not received at the location by the date and time specified will not be accepted.

Postmark date will not constitute delivery. It is the bidder's responsibility to ensure that the bid is received at the location specified by the bid deadline.

By submitting a bid, prospective bidders certify that they meet all qualifications specified herein and agree to comply with all terms and conditions of this IFB. After announcement of the apparent successful bidder, there will be no negotiations of the terms and conditions of this IFB or the bidder's submitted proposal between the CDE and the apparent successful bidder.

Bids shall not be qualified or conditioned. Any bid response modifying, amending, or proposing alternate language to the terms and conditions of the IFB will be invalid and inapplicable. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected.

There is no requirement to award a contract if, in the opinion of the CDE, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

If no submissions are received containing bids offering a cost/price/rate, which in the opinion of the CDE is a reasonable cost/price/rate, CDE is not required to award an Agreement (Public Contract Code Section 10344 [d]).

Every component of the bid cost/price/rate is subject to reasonableness of cost justification. If any portion of the cost is rejected by the CDE, then the entire bid may be rejected.

The cost of bid development is the responsibility of the prospective bidder and shall not be chargeable to the CDE.

A bidder may withdraw its bid at any time prior to the date and time of bid opening by submitting a request in writing to the CDE, Attention: Contracts Office – Nikki Garcia – CN250030, 1430 N Street, Suite 2213, Sacramento, CA 95814. A new bid package may be submitted prior to the date and time of bid opening. Written withdrawal of bidder’s bid will not be accepted after the date and time of bid opening. Withdrawals requested by telephone or fax are not acceptable.

Clarification may be requested by the CDE Contracts Office during the review of the bids for the purpose of clarifying ambiguities in the information presented in the bid response. The CDE reserves the right, at its sole discretion, to overlook, correct, or require a bidder to remedy any obvious clerical or incidental mathematical errors on a bid form. Bidders may be required to initial corrections.

Any failure by the bidder to acquaint itself with available information will not relieve them from responsibility for estimating properly, the difficulty, or cost of successfully performing the work.

XIII. BID SUBMISSION REQUIREMENTS

The bid submission package must be submitted to the CDE and must include the following required forms fully completed and signed where applicable. One original set and one full copy of the bid documents listed herein must be included in the bid package. See Article XII. Bid Submission.

A. Attachment 1 – Required Attachment Checklist

The Required Attachment Checklist is to be used to ensure and confirm compliance with the bid submission requirements. The checklist must be completed and submitted as the cover of your bid package.

B. Exhibit B.1, Exhibit B.2, and Exhibit B.3 Contractor’s Bid Forms

Contractor's Bid Form: must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Proposal form must contain the proposed bid cost for Grand Total.

C. Licenses/Certification/Educational Degree

The Bidder and all technician(s) conducting work under this agreement must possess and provide a copy of their valid and current certification of a C-38 Refrigeration Contractor’s License issued by the Contractor’s State License Board.

Any of the Bidder’s technician(s) conducting work under this agreement shall be at the journeyman level.

D. Insurance Certificate

The bidder must possess and provide a copy of their insurance certificates meeting the terms outlined in Exhibit E, Article II. Certificate of Insurance Requirements:

1. Commercial General Liability, AND

2. Workers’ Compensation

Proof of coverage and limits for the above required terms are required in the bid submission package. The additional insured language (see Exhibit E, Article II.

Certificate of Insurance Requirements) will be required as a condition of contract award.

E. Contractor Certification Clauses (CCC 04/2017)

The Contractor Certification Clauses (CCC 04/2017) must be signed and dated with an original signature. The CCC 04/2017 can be found at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

F. Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205)

The STD 204 form must be completed and submitted with an original signature. The STD 204 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

The STD 205 form must be completed and submitted with an original signature if the bidder must identify a remittance address that is different from the mailing address identified on the STD 204. The Payee Data Record Supplemental STD 205 can be found at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

G. Attachment 2 – Certification of Workers’ Compensation Insurance

The Certification of Workers’ Compensation Insurance form must be fully completed, signed and dated with an original signature.

H. Attachment 3 – Darfur Contracting Act Certification, or Attachment 3a – Darfur Contracting Act Certification Supplemental

The Darfur Contracting Act Certification or the Darfur Contracting Act Certification Supplemental must be fully completed, signed and dated with an original signature.

I. Attachment 4 – California Civil Rights Certification

The California Civil Rights Certification must be fully completed, signed and dated with an original signature.

J. Attachment 6 – Bidder Certification

The Bidder Certification must be fully completed and dated with an original signature.

Bidders must demonstrate responsibility and the capability to professionally carry out the terms of this contract through the bidder certification.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

K. Conditional Attachments

1. Subcontracting

If bidder intends to subcontract any portion of the work outlined in Exhibit A, Scope of Work, the Bidder Declaration (GSPD-05-105) form must be completed and submitted with original signature. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

2. Small Business Preference

If bidder intends to apply for the Small Business Preference the Attachment 5 Small Business Preference Sheet must be completed and submitted with original signature.

The bidder must submit proof of Small Business certification. Failure to submit a copy of your proof of certification for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

3. DVBE Incentive Option

If bidder intends to apply for the DVBE Incentive the following documents are required. Failure to submit any of the documents for this bid will not be cause for bid rejection; however, DVBE incentive will not be considered or granted for your bid.

• Bidder Declaration (GSPD-05-105). Bids must include a GSPD-05-105 form completed in accordance with the instructions on the form. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

• DVBE Certification. Bids must include a copy of the DVBE certification for each DVBE contractor/subcontractor. DVBE certification can be verified and printed from Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

XIV. BASIS OF AWARD

Following the public bid opening, the CDE Contracts Office will review the low bid for compliance with the bid requirements, specified herein, and to determine if the low bidder is responsible and responsive to this IFB.

The contract shall be awarded on the basis of the responsive and responsible bidder submitting the lowest average Grand Total.

The contract shall be awarded on the basis of the responsive/responsible bidder submitting the lowest average Grand Total for refrigerator and freezer equipment maintenance and repair services stated on the Contractor’s Bid Forms, Exhibit B.1, B.2, and B.3.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

The lowest average Grand Total will be computed by adding the Grand Total from each of the three bid forms, Exhibit B.1, B.2, and B.3, and then dividing the amount by three.

Charges for the bidder’s operating expenses such as: labor, material, travel, transportation, fuel, parking, equipment, equipment rental, taxes, permits, certifications, licenses, insurance and/or any other overhead expenses must be included as part of the bidder’s rates.

All bid responses must comply with the requirements outlined herein. Failure to do so will disqualify the bid. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

The method that shall be used as a "tie-breaker" in the event of a two-way (or more) tie of the responsive/responsible lowest bid will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

Small business bidders, meeting the IFB specifications, shall have precedence over non-small business bidders in that the application of any bidder preference for which non-small business bidders may be eligible under any other provision of law shall not result in the denial of the award to a small business bidder.

In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a small business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract shall be awarded to the veteran-owned small business.

Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the contracting agency at least five working days prior to awarding the contract.

XV. OPTION TO RENEW

The contract awarded through this IFB would expire on June 30, 2026; however, the CDE may exercise the options to renew for two additional years.

Costs for the first one-year option to renew (July 1, 2026 – June 30, 2027) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.2, contract period July 1, 2026 – June 30, 2027. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in January 2026.

Costs for the second one-year option to renew (July 1, 2027 – June 30, 2028) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.3, contract period July 1, 2027 – June 30, 2028. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in January 2027.

XVI. CONTRACT AWARD PROTEST PROCEDURES

If prior to the award, any bidder files a protest with the CDE against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the IFB, the contract shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 7 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services Office of Legal Services ATTN: Bid Protest Coordinator 707 3rd Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 EMAIL: OLSProtests@dgs.ca.gov

California Department of Education Contracts Office ATTN: Contract Manager 1430 N Street, Suite 2213 Sacramento, CA 95814 EMAIL: ContractsOffice@cde.ca.gov mailto:OLSProtests@dgs.ca.gov mailto:CONTRACTSOFFICE@cde.ca.gov

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

The Contractor will provide monthly inspections, preventative maintenance, and as-needed repair services on the refrigerator and freezer equipment listed in Exhibit A, Article IV, Equipment/Inventory List, for the California Department of Education (CDE), Pomona Distribution Center (PDC), located at 2550 Fulton Road, Pomona, CA 91767, as described herein.

II. CONTRACT MONITORS

The California Department of Education (CDE) assigns Craig Trisler, ctrisler@cde.ca.gov, (909) 596-7777, as the CDE Contract Monitor to oversee this project. Said CDE Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

The Contractor must assign a Contractor Contract Monitor to oversee this project. Said Contractor Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

III. CONTRACTOR’S MINIMUM QUALIFICATIONS

A. The Contractor and any technician(s) conducting work under this agreement must possess a valid and current C-38 Refrigeration Contractor's License issued by the Contractor’s State License Board. A photocopy of the C-38 license for the Contractor must be provided to the State Contract Monitor, upon request.

B. Any of the Contractor’s technician(s) conducting work under this agreement shall be at the journeyman level. A journeyman is a person who has completed an apprenticeship program or is an experienced worker, not a trainee, and is fully qualified and able to perform a specific trade without supervision.

IV. EQUIPMENT/INVENTORY LIST

Unit Type Make Model Location Quantity Refrigeration Condenser Units Larkin LDV2500H2D

(54 horsepower) Equipment Pad 3

Refrigeration Evaporator Units Bohn BHA630MA Suspended in

Warehouse 9

Freezer Condenser Units Russel VCD54L44-G

(25 horsepower) Equipment Pad 4

Refrigeration Freezer Units Russel UEL 4-722-GP Suspended in

Warehouse 12 mailto:ctrisler@cde.ca.gov

A. The CDE has the right to both add new equipment and remove equipment from the Equipment List prior to conducting the work, as deemed necessary by the CDE Contract Monitor.

B. The CDE may purchase a maintenance and repair agreement for replacement equipment; therefore, depending upon the manufacturer, replacement equipment may or may not be covered under this agreement.

V. SERVICE SCHEDULE AND COORDINATION

A. All services, preventative maintenance, and repairs will be scheduled by the CDE Contract Monitor or designee.

B. All monthly inspections, preventative maintenance, and repair services will be performed at the CDE PDC, located at 2550 Fulton Road, Pomona, CA 91767.

C. All monthly preventative maintenance and inspections must be scheduled with the

CDE Contract Monitor to occur within the first week of each month, unless otherwise agreed upon by the CDE Contract Monitor.

D. The Contractor will provide 24-hour notice to the CDE Contract Monitor prior to arriving to perform routine and non-emergency services. If the window for providing notice falls on a weekend, the Contractor will provide notice on the last business day prior to the scheduled services.

E. If requested, emergency repair services must be provided twenty-four (24) hours a day, seven (7) days a week, including all state and federal holidays.

F. All non-emergency services will be rendered between the hours of 6:00 a.m. to 2:00 p.m., Monday through Friday, excluding all state holidays.

G. All Contractor employees working on site are required to check in with the CDE Contract Monitor, or designee, upon arrival. When on state property, each of the Contractor’s employees must sign in and sign out daily using the Vendor Service Log provided by the PDC. The CDE Contract Monitor must verify time of arrival and time of departure for each technician. This documentation is part of the invoice approval process to certify labor hours invoiced.

H. The Contractor must provide current contact information for both regular business non-emergency services and contact information for needs outside of business hours to the CDE Contract Monitor or CDE designee.

I. The Contractor and its employees are required to follow any and all applicable health and safety guidelines set forth by the Center of Disease Control and Prevention, the California Department of Public Health, and/or the California Department of Education upon entering the PDC.

J. During business hours, CDE staff will occupy most buildings. As a result, the Contractor must keep all paths of travel areas clear of debris, equipment, material, and personnel and adhere to safety precautions.

K. Upon completion of services, the Contractor will request a final inspection with the

CDE Contract Monitor, or CDE designee.

VI. MONTHLY INSPECTION AND PREVENTATIVE MAINTENANCE SERVICES

A. Preventative maintenance and inspection services must be performed monthly for all equipment outlined in Article IV. Equipment/Inventory List.

B. The Contractor is responsible for providing all tools, materials (i.e. grease, oil, etc.), parts, and equipment required for inspection and preventative maintenance services.

These expenses must be factored into the monthly Preventative Maintenance Service Rate in Exhibit B. For preventative maintenance and inspection services the Contractor is responsible for providing a scissor lift to enable the technician to access and service all Evaporators that are suspended in the warehouse. The expense of the scissor lift used in the preventative maintenance and inspection services must be included in the “Monthly Service Rate for Inspection and Preventative Maintenance” and not charged separately.

1. No other equipment charges are permitted without preapproval from the CDE

Contract Monitor or designee. The CDE will not pay truck or mileage charges for any services.

C. For each inspection, the Contractor shall leave a detailed copy of the work order, dated and signed, as described below. A copy of the inspection report shall be provided to the CDE Contract Monitor or CDE designee, per Article XI Reports.

D. Evaporator Units:

The Contractor will inspect and provide preventative maintenance services for the evaporators identified in Article IV., Equipment/Inventory List. Inspection and preventative maintenance must include the following:

1. Inspect and clean evaporator surfaces, inner core assembly, and drain pans every 90 days, or more often if requested by the PDC warehouse supervisor or manager.

2. Verify good coil drainage through drain line and clean all traps.

3. Lubricate all fan motors.

4. Perform general inspection of all piping, Thermal Expansion Valve, coil hangers, motor mounts, and operation and ventilation of all units.

5. Verify and adjust Thermal Expansion Valve Superheat setting within 8 to 10 degrees Fahrenheit.

6. Inspect and tighten all fan set screws, as necessary.

7. Maintain warehouse refrigeration temperatures between 35- and 40-degrees

Fahrenheit.

8. Maintain warehouse freezer temperatures at zero degrees Fahrenheit.

9. Inspect the insulation of all copper lines and advise the CDE Contract Monitor or designee if insulation replacement is needed.

E. Condenser Units:

The Contractor will inspect and provide preventative maintenance services for the condenser units identified above in Article IV. Equipment/Inventory List. Inspection and preventative maintenance must include the following:

1. Verify and adjust all pressure settings, suction temperatures, and discharge temperatures per manufacturer specifications.

2. Inspect all capillary tubes for breakage or leaks at pressure controls and repair or replace as necessary.

3. Inspect system sight glass for moisture content; if system is found to be wet, locate leaks, notify the CDE Contract Monitor or CDE Designee, who will verify if this repair is under warranty, repair as needed and upon approval of CDE Contract Monitor.

4. Inspect all suction filters and replace if found to have excessive pressure drops, per manufacturer specifications.

5. Change compressor oil and filters once every contract year, the date of which will be determined by the CDE Contract Monitor Contract Monitor or designee.

6. Check amp draw of each compressor.

7. Check all exposed joints and fittings, look for oil spots that may indicate a system leak, and notify the CDE Contract Monitor or CDE Designee, who will verify if under warranty; if not, repair as needed and upon approval of CDE Contract Monitor.

8. Check refrigerant level in systems and the compressor oil level monthly. The oil will also be checked for acid content at beginning of contract or if the systems become contaminated; if an acid condition is present, replace the drier cores and suction filter with high acid removal capability cores and filter and then replace them with standard cores and filters after 30 days.

9. Check refrigerant levels on all condensing units and recharge as necessary.

10. Find and repair any leaks before adding any refrigerant to the system; notify the CDE Contract Monitor or CDE Designee if there is a need for refrigerant for recharging unit due to the leaks; perform all necessary cleaning, oiling, dryer replacement, and mechanical adjustments; and notify the CDE Contract Monitor or CDE Designee for observation during the refrigerant recharging.

11. Inspect timers on refrigerator and freezer equipment for correct time settings, and set start and stop time, per CDE Contract Monitor or CDE Designee.

12. Clean condenser surfaces and inner core assembly, washing from the top to remove dirt and debris out of the bottom of the unit and caged area, every 60 days, or more often if required by the CDE Contract Monitor or CDE Designee;

use a mild soap or other dirt removing solution. Contractor will exercise caution if using high-pressure sprayers or hoses that could damage cooling fans or any other electrical components.

13. Clean the floor area of the equipment, compressors, and condensers, ceiling area in front and back of evaporators, and fan guards to remove all soot, dirt, and debris.

14. Check pressure relief ports on freezer wall monthly for ice buildup and remove ice as needed.

15. Inspect the insulation of all copper lines on top of the refrigerator and freezer box, check for excessive condensation, and advise the CDE Contract Monitor or CDE Designee if insulation replacement is needed.

16. Inspect the top of the freezer and refrigerated boxes for standing water and ensure the fans are working properly. Clean up any standing water discovered.

Notify CDE Contract Monitor or CDE designee of status of top of freezer and refrigerated boxes.

17. Inspect the freezer box for water leaking from the sprinklers into the freezer box.

Notify CDE Contract Monitor or CDE designee of status and prepare a quote for the repair including removal and replacement of insulation to ensure a proper seal of the area.

F. Cleaning, oiling, and ordinary mechanical adjustments are to be performed during the monthly maintenance, except where specified otherwise. Parts will not be installed without prior CDE Contract Monitor approval.

G. The cost of refrigerant for the freezer and the cost of refrigerant for the refrigerator will be charged to the parts line In Exhibit B Budget Detail and Payment Provisions.

Proof of expenditure must be provided to the CDE Contract Monitor. Refrigerant (except incidental amounts) will not be installed without prior CDE Contract Monitor approval.

VII. REPAIR SERVICES

A. If repairs are necessary, the Contractor will notify the CDE Contract Monitor or CDE Designee to verify if the repairs are under warranty. If repairs are not covered under the warranty, the Contractor will submit a cost estimate for repair services to the CDE. The Contractor is not guaranteed repair work.

The Repair Hourly Rate provided in Exhibit B must be inclusive of all costs associated with any repair work, including, but not limited to: planning, permits, labor, travel, costs associated with locating parts, disassembly of any machinery or piping needed to replace and repair equipment. Only parts and materials may be itemized in accordance with Article IX and Exhibit B. Repair service costs must be itemized in accordance with Exhibit B. The CDE Contract Monitor or CDE designee must review the cost estimate prior to authorizing any services. No repair work shall be conducted without the prior approval of the CDE Contract Monitor or CDE designee.

B. Such work, if authorized, will be completed within 48 hours of the authorization, taking into consideration the nature and degree of the difficulty of the work involved.

C. Repairs will be billed at the repair hourly rate set forth in the Contractor's bid form, provided such repairs are not the result of prior incomplete or inadequately performed repair work. No overtime hourly rates will be accrued or paid.

D. The Contractor is responsible for obtaining and providing a scissor lift or other equipment required for repair. For any repairs, the CDE will reimburse separately for the scissor lift and other equipment rental with the CDE Contract Monitor or CDE designee preapproval in accordance with Exhibit B. The CDE will not pay truck or mileage charges for any services.

E. No mileage, travel time, or fuel costs will be charged for the purpose of traveling from port to port. Hourly labor charges will begin at the arrival time at the CDE PDC, as verified by the CDE Contract Monitor, or CDE Designee.

VIII. EMERGENCY REPAIRS

Occasionally, the CDE will inform the Contractor that a serious condition exists that needs immediate attention. The Contractor will mitigate the emergency within a six (6) hour period to the satisfaction of the CDE Contract Monitor. The Contractor must complete the emergency repair within a 48-hour period from the time of the CDE Contract Monitor or CDE designee initial request, taking into consideration the nature and degree of the difficulty of the work involved.

A. The Contractor will notify the CDE Contract Monitor or CDE Designee to verify if the repairs would be under warranty. If repairs are not covered by a warranty, the Contractor will submit a cost estimate for repair services to the CDE. Contractor is not guaranteed repair work.

B. The CDE Contract Monitor or CDE designee must review the cost estimate prior to authorizing any services. No emergency repair work shall be conducted without the prior approval of the CDE Contract Monitor or CDE designee.

C. The Contractor must commence service within two (2) hours of the CDE’s initial request, unless a time extension is approved by the CDE Contract Monitor

D. Once the emergency repairs have been approved and completed, the Contractor shall leave copies of any work orders/cost estimates and a completed inspection report, dated and signed by the CDE Contract Monitor or CDE designee, per Article XI Reports.

E. Emergency repairs will be billed at the “Emergency Repair Hourly Rate” set forth in

Exhibit B, provided such emergency repairs are not the result of prior incomplete or inadequately performed repair work. No overtime hourly rates will be accrued or paid.

F. No mileage, travel time, or fuel costs will be charged for the purpose of traveling from port to port. Hourly charges will begin at the arrival time at the CDE PDC verified by the CDE Contract Monitor or CDE Designee.

IX. REPLACEMENT PARTS

A. Parts over $100 shall not be installed without prior approval of the CDE Contract Monitor. The Contractor must obtain approval from the CDE Contract Monitor or CDE designee prior to installation.

B. The charges for parts and materials will not exceed Contractor's wholesale costs, excluding tax, plus:

1. 40% for parts $1,999.00 and below ($100.00 parts x 40% x 10.25% sales tax) =

$154.35.

2. 30% for parts $2,000.00 and above ($2,000.00 parts x 30% x 10.25% sales tax)

= $2,866.50.

C. The contractor must use only original manufacturer parts and materials. Replaced parts must be left at the location for CDE inspection. All work will be guaranteed for a period of 90 days, and costs for recalls will be borne by the Contractor, and receipts are required for parts that exceed $100.00. Receipts are required for all refrigerant purchases.

D. No mileage, travel time, or fuel costs will be charged for locating or purchasing parts.

Equipment purchased by the Contractor to perform contracted services will not be billed to the CDE.

E. The Contractor will be allowed to recover freight or shipping costs for parts with no allowance for mark up, by:

1. Itemizing the cost of freight or shipping on the invoice.

2. Attaching a copy of the freight or shipping invoice (original whenever possible) to the invoice.

3. When the freight or shipping invoice includes costs not specifically associated with the billing, the Contractor will only charge the cost associated with the billing and note the freight or shipping invoice accordingly. Example: If a freight or shipping invoice for three items at $10.00 each for a total invoice cost of $30.00, but only one of the parts pertains to the billing, then the Contractor would charge the CDE $10.00.

X. SERVICE GUARANTEE

A. The Contractor will guarantee all services performed for a minimum of 90 days from the date of service.

B. If it is determined that failure has occurred due to defective parts or workmanship, the Contractor will, within a timeframe determined by the CDE Contract Monitor or CDE Designee, correct the failure at no additional expense to the CDE.

C. Correction shall occur upon request for service by CDE representative(s) during normal CDE PDC work hours from 6:00 a.m. to 2:00 p.m.

XI. REPORTS

A. Once services have been completed, the Contractor shall leave copies of any work orders/cost estimates and a completed inspection report, dated and signed by the CDE Contract Monitor or CDE designee. The report must include:

1. Type of visit (inspection, preventative maintenance, repair or emergency repair)

2. Date and time of arrival (same as that identified in the CDE Vendor Service Log)

3. Date and time of departure (same as that identified in the CDE Vendor Service Log)

4. Technician’s name (first and last)

5. Detailed description of work performed at location:

a. Breakdown of labor and parts

b. Unique equipment number

c. Receipts, if available, otherwise receipts must be provided with the invoice

d. List of material used for repair including cost

e. Total cost of service

f. Detailed report of future work needed, including estimated cost if available broken down by needed parts and estimated labor; if not available, to be provided within three (3) business days

XII. INVOICING

A. The Contractor will submit only one consolidated invoice per month for all services completed within that month. Individual workorders must accompany the consolidated invoice. No advance payments will be made. Payment will be made no more than monthly in arrears. This contract is a Cost Reimbursement agreement, meaning the payment will be based upon the actual reimbursable costs as described in Exhibit B, once the service has been fully completed.

B. All payment requests by the Contractor shall be submitted on Contractor’s preprinted letterhead and must identify the agreement number, invoice number, invoice date, and service period.

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein,…