DR150385_IFB_CUSTOM_EARMOLDS.pdf

Invitation for Bid (IFB)

California Department of Education California School for the Deaf, Riverside

Custom Earmolds IFB IFB Number DR150385

Bid Due Date: Friday, February 26, 2016 at 2:00 pm

Public Bid Opening: Tuesday, March 1, 2016 at 2:00 pm

Contract Period: April 1, 2016 through March 31, 2017

One-Year Option to Renew: April 1, 2017 through March 31, 2018 ii

TABLE OF CONTENTS

GENERAL INFORMATION

I. Purpose II. Eligiblie Bidders III. IFB Documents IV. Bid Documents As Public Record V. Bid Submission

VI. IFB Schedule VII. Disabled Veteran Business Enterprise (DVBE) Participation Goals VIII. DVBE Incentive Option IX. Target Area Contract Prefrence (TACPA) X. Basis Of Award

XI. Option To Renew XII. Contract Award Protest Procedures

EXHIBIT A – SCOPE OF WORK

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. Invoicing And Payment

II. Budget Contingency Clause III. Payment

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT B.2 – CONTRACTOR’S BID FORM

EXHIBIT C – GENERAL TERMS AND CONDITIONS…………………...……………………….. 14

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

I. Resolution Of Disputes II. Loss Leader

EXHIBIT E – ADDITIONAL PROVISIONS

I. Right To Terminate II. Certificate of Insurance Requirements …………………………….………………………. 16 III. Workers’ Compensation IV. Amendments V. Option To Renew

ATTACHED FORMS

Attachment 1 – Small Business Preference Sheet Attachment 2 – Contractor Certification Clauses (CCC-307) Attachment 3 – Protest Procedures For IFBs Attachment 4 – Payee Data Record (STD. 204)

Attachment 5 – Certifiation Of Workers’ Compensation Insurance Attachment 6 – Darfur Contrating Act Certification

Attachment 7 – Darfur Contracting Act Certification Supplemental Attachment 8 - Bidder Certification Attachment 9 – Required Attachment Checklist

GENERAL INFORMATION

I. PURPOSE:

The California Department of Education (hereinafter referred to as CDE) is soliciting bids from potential bidders to provide to the California School for the Deaf Riverside (CSDR) 3044 Horace, Riverside, CA 92506, impression making materials and custom earmolds, in accordance with the specifications contained herein this Invitation for Bid (IFB). The contract period is from April 1, 2016 through March 31, 2017. This contract includes one additional one-year option to renew.

II. 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). With the exception of bidders whose legal status precludes incorporation (i.e. public agencies, sole proprietorships, and partnerships), bidders that are not fully incorporated by the deadline for submitting sealed bids will be disqualified.

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

III. 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 Vicki Strum, vstrum@csdr-cde.ca.gov, (951) 248-7700 ext. 2004. 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 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.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact Laurie Oineza, Contract Analyst by phone at (916) 445-6804 or by e-mail at LOineza@cde.ca.gov.

IV. 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 record subject to disclosure upon request, pursuant to Government Code Section 6250 et seq. All contracts and all attachments will become public record.

mailto:vstrum@csdr-cde.ca.gov mailto:LOineza@cde.ca.gov

V. BID SUBMISSION:

Each bidder shall submit to the CDE a sealed bid meeting the specifications described in this IFB.

Bidders are required to return two copies of their bid;

1. One (1) 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.

The bid shall be returned in a sealed envelope marked “SEALED BID – CUSTOM EARMOLDS IFB – DO NOT OPEN.” To prevent premature opening, place sealed bid envelope within an envelope addressed as follows:

Contracts Office

Attention: Laurie Oineza 1430 N Street, Suite 1802 Sacramento, CA 95814

SEALED BID –CUSTOM EARMOLDS IFB – DO NOT OPEN

The deadline for submission of sealed bids is Friday, February 26, 2016 at 2:00 pm.

The bids will be publicly opened and read on Tuesday, March 1, 2016 at 2:00 pm. at CDE, 1430 N Street, Suite 1802, Room 1506, Sacramento, CA 95814. Visitors must check in with security in the lobby.

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. Any bid response modifying the conditions of the IFB will be rejected. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

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 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.

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. 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 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.

The bid package must include the following required forms:

Exhibit B.1 - 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.

Exhibit B.2 - 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.

Insurance: The bidder must possess and provide a copy of the insurance certificates outlined in Exhibit E, Article III and IV. Proof of coverage and limits are required in the bid package. Additional insured language will be required as a condition of contract award.

Bidder Declaration Form (GSPD-02-105) must be completed and submitted with original signature if the bidder intends to subcontract any portion of the work outlined in Exhibit A, Scope of Work. This form can be found at:

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf (Outside Source)

Attachment 1 – Small Business Preference Sheet must be completed. For the small business preference to be applied, the Contractor must submit a certification print out from the OSDS website.

The California State Department of Office of Small Business and DVBE Services (OSDS) certified small business bidders shall be granted a preference consisting of five percent (5%) of the lowest responsive/responsible bid submitted by a bidder who is not certified by the OSDS as a small business. If you are an OSDS certified small business and are claiming the preference, you must submit a print out from the OSDS website with your bid response. Failure to submit a copy of your OSDS print out 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.

Attachment 2 – Contractor Certification Clauses (CCC-307) must be signed and dated with an original signature.

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf

Attachment 4 – Payee Data Record (Std. 204) must be fully completed and dated with an original signature.

Attachment 5 – Certification of Workers’ Compensation Insurance must be signed and dated with an original signature.

Attachment 6 – Darfur Contracting Act Certification OR Attachment 7 – Darfur Contracting Act Certification Supplemental must be signed and dated with an original signature.

Attachment 8 – Bidder Certification must be signed with an original signature and list all employees who will perform work under this contract.

Attachment 9 – Required Attachment Checklist must be fully completed and submitted as the cover of your bid package.

Attachment 10 – Additional Set must be submitted, which includes all required IFB attachments listed above. See section V. BID SUBMISSION.

VI. IFB SCHEDULE:

Activity Action Date

Invitation for Bid Advertisement February 11, 2016

Bids Due February 26, 2016 at 2:00 pm PDT/PST

Public Bid Opening March 1, 2016 at 2:00 pm PDT/PST

Contract Start date April 1, 2016

VII. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION GOALS:

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%) for 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.

CDE WILL NOT require DVBE participation for this contract.

VIII. DVBE INCENTIVE OPTION:

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who provide DVBE participation. 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 table represents the percentages that will be applied:

Confirmed DVBE Participation of: DVBE Incentive:

100% (prime contractor) 5% Over 3% 4% 3% 3%

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

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf (Outside Source). When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract.

IX. TARGET AREA CONTRACT PREFRENCE (TACPA):

Preference will be granted to California-based Contractors in accordance with Government Code Section 4530 whenever contract for goods and services are in excess of $100,000 and the Contractor meets certain requirements as defined in the California Code (Title 2, Section 1896.30) regarding labor needed to produce the goods or provide the services being procured. Bidders desiring to claim Target Area Contract Preferences Act shall complete Std. Form 830 and submit it with the bid package. Refer to the following website link to obtain the appropriate form:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

Bidders desiring to claim this preference must review the instructions and complete the appropriate form.

X. BASIS OF AWARD:

In the 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.

The contract shall be awarded on the basis of the responsive / 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 as stated on the Contractor’s Bid Forms, Exhibit B.1 and B.2. The lowest average Grand Total will be computed by adding the Grand Total from each of the two bid forms, Exhibit B.1 and Exhibit B.2, and then dividing the amount by two.

Charges for the contractor’s operating expenses such as: transportation, parking, equipment rental, taxes, permits, 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 below. 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) http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf 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.

XI. OPTION TO RENEW:

This contract will expire on March 31, 2017; however, the CDE may exercise the option to renew the contract for one additional one-year agreement.

Costs for the one-year option to renew (April 1, 2017 through March 31, 2018) shall be computed in accordance with the Contractor’s Bid Form, contract period April 1, 2017 through March 31, 2018. If the State elects to renew the agreement with the contractor, the Contract Monitor will notify the contractor of the option to renew in October 2016.

XII. CONTRACT AWARD PROTEST PROCEDURES:

If prior to the award, any bidder files a protest with the agency against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the Invitation for Bid, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services (DGS) has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 3 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services California Department of Education Office of Legal Services Contracts Office ATTN: Protest Coordinator ATTN: Sueshil Chandra, Contract Officer 707 3rd Street 1430 N Street, Suite 1802 West Sacramento, CA 95605 Sacramento, CA 95814

FAX: (916) 376-5088 FAX: (916) 319-0124

EXHIBIT A

SCOPE OF WORK

I. GENERAL SCOPE:

The contractor shall provide impression making materials and custom earmolds to the California School for the Deaf, Riverside (CSDR) as described herein.

II. PROJECT MONITORS:

The CDE assigns Jennie Machado, (951) 248-7700 ext. 1118, jmachado@csdr-cde.ca.gov as state project monitor to oversee this project. Said 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 contract project monitor to oversee this project. Said 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. SPECIFICATIONS:

A. The Contractor will provide the following items to the CSDR located at 3044 Horace

Street, Riverside, CA 92506, Attention: Jane Rogan, within 14 business days of the contract start date:

1. 188 silicone impression material in single unit packets. All materials will be shipped Free On Board (FOB) destination. No substitution will be accepted.

2. 100 first class mailing boxes, at no cost to the CSDR.

3. 200 factory order forms, at no cost to the CSDR. Factory order forms must include options for the following, but are not limited to:

a. Color,

b. Earmold styles including half and full shell with thick and thin options,

c. Half shell, skeleton and canal style (with or without lock),

d. Venting, earmold tubing, and sound bore options,

4. Provide 150 small slim-stop style impression sponge dams

5. Provide 100 medium slim-stop style impression sponge dams

B. The Contractor will provide the impression making materials and shipping materials to the CSDR at 3044 Horace Street, Riverside, CA 92506. The CSDR audiologist will create the impression and fill out a factory order form. The CSDR audiologist will mail mailto:jmachado@csdr-cde.ca.gov mailto:jmachado@csdr-cde.ca.gov the impression with the factory order form to the Contractor. The Contractor shall send a confirmation via fax, email, or phone to the CDE contract monitor and CSDR audiologist when the order is received. The Contractor shall produce the custom earmold in silicone material and adjust it accordingly to the factory order form completed by the CSDR audiologist. The CSDR audiologist will apply the options that accommodate for the students’ hearing loss.

1. Single orders will include one or two impressions for the same student that is shipped to the Contractor via first class mail with an accompanying completed factory order form.

2. For bundled orders, eight or more impressions, the Contractor will provide prepaid

USPS First Class Return Shipping Label(s) that will allow eight individual boxes to be bundled into one package and shipped to the Contractor with the completed factory order form.

C. Within 48 hours of request by the CDE contract monitor or CSDR audiologist the

Contractor will overnight mail prepaid USPS First Class Return Shipping Label(s) and/or Ground Return Service Shipping Label(s) to accommodate the number of earmolds needed, as determined by the CDE contract monitor or CSDR audiologist.

IV. ADDITIONAL INSTRUCTIONS:

A. The Contractor may request a second impression if the first impression appears inadequate to produce a successful custom earmold. In the event that a second impression is needed, the Contractor will contact the CSDR audiologist or CDE contract monitor via email or phone. Written approval/authorization by the CSDR audiologist or CDE contract monitor is required for any changes made to an order.

B. The contractor may suggest modifications to an order by contacting the CSDR audiologist or CDE contract monitor via phone, email, or fax. Suggested modifications may include the following; the selected style, venting options based on the contractor’s knowledge of earmold making and potential problems related to a particular mold made for a particular ear. Written approval/authorization by the CSDR audiologist or CDE contract monitor is required for any changes made to an order.

V. DELIVERY:

A. The contractor shall deliver completed custom earmolds within ten (10) business days of receiving an order.

B. Completed earmolds will be sent to the CSDR warehouse at: 3044 Horace Street/

Maude Street Entrance, Riverside, California, 92506.

C. Contractor shall coordinate delivery with the CSDR audiologist and CDE contract monitor by providing the shipping tracking information to the CSDR audiologist and the CDE contract monitor via email.

VI. WARRANTY AND REMAKE POLICY:

A. For the following issues listed in this section, the Contractor must provide remake(s) within ninety (90) calendar days of receipt of the finished earmold. In the event that a remake is needed, the CSDR audiologist or CDE contract monitor will request the remake by phone, email, or fax, at no additional charge for the following:

1. Discomfort or feedback,

2. Replacement of a custom earmold lost during shipping,

3. Remake if the custom earmold does not match the factory order form provided by

CSDR audiologist or CDE contract monitor with order.

B. For the following issues listed in this section, the Contractor must provide remake(s), within one year of receipt of the finished earmold. In the event that a remake is needed the CSDR audiologist or CDE contract monitor will request the remake by phone, email, or fax, at no additional charge, for manufacturing defects to include, but not limited to the following:

1. Mold tearing/melting due to uneven material mixing,

2. Thin spots,

3. Bubbles,

4. Placement of the sound bore that causes a crack or tear in the canal or concha portion of the mold,

5. General disintegration due to poor construction.

C. The Contractor will ship any materials if there is damage beyond repair in any instance of a natural or unnatural disaster.

D. The CSDR audiologist or CDE contract monitor will request any remake(s) by phone, email, or fax. The CSDR audiologist or CDE contract monitor will send pictures via email or fax when requested by the contractor for verification of damage.

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, which is attached hereto and made a part of this agreement. The unit rate bid cost shall include all costs, wages, benefits, allowances, materials, equipment, and Contractor’s expenses incurred in the performance hereof.

Invoices shall include the Agreement Number DR150385 and shall be submitted in arrears, not more frequently than monthly in duplicate to the appropriate sites representative:

California School for the Deaf, Riverside Attn: Jennie Machado

3044 Horace Street Riverside, CA 92506

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

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner.

C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

D. Pursuant to GC, Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency.

E. CDE has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction in funds.

III. PAYMENT:

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

EXHIBIT B.1

CONTRACTOR’S BID FORM

CUSTOM EARMOLDS IFB – DR150385

Contract Period: April 1, 2016 through March 31, 2017

The undersigned contractor hereby proposes to furnish all labor, material, equipment and indirect costs necessary to perform all the work required to produce custom earmolds in accordance with the Terms and Conditions contained herein at the following rates:

Item Rate Quantity* Subtotal

1. Custom Earmold $ ___________/ea X 150 = $

2.

Silicone Impression Material (Single Unit Packets) No substitutions.

$ ___________/ea X 188 = $

3.

Small Slim-Stop Style Impression Sponge Dams

$ ___________/ea X 150 = $

4.

Medium Slim-Stop Style Impression Sponge Dams

$ ___________/ea X 100 = $

5.

Ground Return Service Shipping Labels

$ ___________/ea X 8 = $

6.

USPS First Class Return Shipping Labels

$ ___________/ea X 100 = $

GRAND TOTAL (Add lines 1 through 6)

*Earmold requests may increase/decrease and the quantities identified herein are not guaranteed.

An unsigned bid form will result in disqualification.

Company Name: E-mail:

Address:

City: State: Zip:

Signature: Date:

Print Name/Title:

Phone Number: ( ) Federal ID #:

Questions regarding completion of this form should be brought to the attention of:

Vicki Strum, vstrum@csdr-cde.ca.gov, 951-248-7700 ext. 2004

EXHIBIT B.2

CONTRACTOR’S BID FORM

IFB CUSTOM EARMOLDS – DR150385

OPTION TO RENEW: Contract Period: April 1, 2017 through March 31, 2018

The undersigned contractor hereby proposes to furnish all labor, material, equipment and indirect costs necessary to perform all the work required to produce custom earmolds in accordance with the Terms and Conditions contained herein at the following rates:

Item Rate Quantity* Subtotal

1. Custom Earmold $ ___________/ea X 150 =

2.

Silicone Impression Material (Single Unit Packets) No substitutions.

$ ___________/ea X 188 =

3.

Small Slim-Stop Style Impression Sponge Dams

$ ___________/ea X 150 =

4.

Medium Slim-Stop Style Impression Sponge Dams

$ ___________/ea X 100 = $

5.

Ground Return Service Shipping Labels

$ ___________/ea X 8 = $

6.

USPS First Class Return Shipping Labels

$ ___________/ea X 100 = $

GRAND TOTAL (Add lines 1 through 6)

*Earmold requests may increase/decrease and the quantities identified herein are not guaranteed.

An unsigned bid form will result in disqualification.

Company Name: E-mail:

Address:

City: State: Zip:

Signature: Date:

Print Name/Title:

Phone Number: ( ) Federal ID #:

Questions regarding completion of this form should be brought to the attention of:

Vicki Strum, vstrum@csdr-cde.ca.gov , 951-248-7700 ext. 2004

EXHIBIT C

GENERAL TERMS AND CONDITIONS

GTC 610 will be incorporated by reference and made part of this Agreement. The GTC 610 document can be viewed at: http://www.documents.dgs.ca.gov/ols/GTC-610.doc http://www.documents.dgs.ca.gov/ols/GTC-610.doc

EXHIBIT D

SPECIAL TERMS & CONDITIONS

I. RESOLUTION OF DISPUTES:

If the contractor disputes any action by the project monitor arising under or out of the performance of this contract, the contractor shall notify the project monitor of the dispute in writing and request a claims decision. The project monitor shall issue a decision within 30 days of the contractor's notice. If the contractor disagrees with the project monitor's claims decision, the contractor shall submit a formal claim to the Superintendent of Public Instruction or the Superintendent's designee. The decision of the Superintendent shall be final and conclusive on the claim unless the decision is arbitrary, capricious, or grossly erroneous or if any determination of fact is unsupported by substantial evidence. The decision may encompass facts, interpretations of the contract, and determinations or applications of law. The decision shall be in writing following an opportunity for the contractor to present oral or documentary evidence and arguments in support of the claim. Contractor shall continue with the responsibilities under this Agreement during any dispute.

II. LOSS LEADER:

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

EXHIBIT E

ADDITIONAL PROVISIONS

I. RIGHT TO TERMINATE:

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

However, the agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination shall be effective as of the date indicated on the State’s notification to the Contractor.

This agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render services as a result of any action by any governmental authority.

II. CERTIFICATE OF INSURANCE REQUIREMENTS:

A. Commercial General Liability:

Contractor shall furnish to the California Department of Education, a Certificate of

Insurance, issued by an insurance carrier licensed to write general liability insurance in the State of California, stating liability insurance is presently in effect for the Contractor of not less than one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage liability combined.

B. The Certificate(s) of Insurance must provide the following additional insured language:

The State of California, its officers, agents, employees, and CSSS students are included as insured, but only insofar as the operations under this contract are concerned.

C. Contractor is responsible to notify the State within 5 business days of any cancellation, non-renewal or material change that affects required insurance coverage.

D. Contractor agrees that the commercial general liability insurance provided shall be in effect at all times during the term of the contract. In the event insurance coverage expires at any time or times during the term of the contract, the Contractor agrees to provide a new Certificate of insurance to:

1430 N Street, Suite 1802

Sacramento, CA 95814 Attention: Contracts Office – DR150385

E. Evidencing coverage as established herein for not less than the number of working days or remainder of the term of the contract, or of a period of not less than one year.

F. New Certificates of Insurance are subject to the approval of the Department of

General Services, Office of Risk and Insurance Management, if required. The contractor agrees that no work or services shall be performed prior to such approval.

G. Failure to continuously maintain insurance coverage as herein provided is a material breach of the contract for which, in addition to any other remedy provided by law, the state and/or the California Department of Education, may terminate the contract’s control over the work and may proceed with the completion of the work in any manner it deems appropriate.

IV. WORKERS’ COMPENSATION:

Contractor shall furnish to the CDE a Certificate of Insurance, issued by an insurance carrier licensed to write Workers’ Compensation insurance in the State of California that hereby warrants it carries Workers ’ Compensation Insurance on all of its employees who will be engaged in the performance of this Agreement. If staff provided by the Contractor is defined as independent contractors, this clause does not apply.

V. AMENDMENTS:

The CDE reserves the right to amend the contract under the following circumstances: 1) to exercise the option-to-renew, 2) when additional money is required for additional custom earmold services, materials, and/or shipping labels. Amendment is of no force or effect until signed by both parties and approved by the Department of General Services, if required.

VI. OPTION TO RENEW:

This contract will expire on March 31, 2017; however, the CDE may exercise the option to renew the contract for one additional one-year agreement.

Costs for the one-year option to renew (April 1, 2017 through March 31, 2018) shall be computed in accordance with the Contractor’s Bid Form, contract period April 1, 2017 through March 31, 2018. If the State elects to renew the agreement with the contractor, the Contract Monitor will notify the contractor of the option to renew in October 2016.

Attachment 1

Personnel Services Division

CO-010 (NEW 11/2011)

Small Business (SB) Preference Sheet

NOTICE TO ALL BIDDERS:

Small Business and Non-Small Business Subcontractor Preferences

a. Small businesses will be granted the five percent (5%) small business preference on a bid evaluation by an awarding department when a responsible non-small business has submitted the lowest-priced, responsive bid or a bid that has been ranked as the highest scored bid pursuant to a solicitation evaluation method described in Section 1896.8, and when the small business:

1. Has included in its bid a notification to the awarding department that it is a small business or that it has submitted to the Department a complete application pursuant to Section

1896.14 no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department as a small business; and

2. Has submitted a timely, responsive bid; and

3. Is determined to be a responsible bidder.

b. Non-small business bidders will be granted a five percent (5%) non-small business subcontractor preference on a bid evaluation by an awarding department when a responsible non-small business has submitted the lowest-priced responsive bid or a bid that has been ranked as the highest scored bid pursuant to a solicitation evaluation method described in Section1896.8, and when the non-small business bidder:

1. Has included in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more small business(es); and

2. Has submitted a timely, responsive bid; and

3. Is determined to be a responsible bidder; and

4. Submits a list of the small business(es) it commits to subcontract with for a commercially useful function in the performance of the contract. The list of subcontractors shall include their name, address, phone number, a description of the work to be performed, and the dollar amount or percentage (as specified in the solicitation) per subcontractor.

Are you a California certified small business? YES NO

Are you a non-SB subcontracting at least 25% to a California certified SB? YES NO

Company Name:

Signature: ___________________________________________ Date:

A copy of the SB certification letter from OSDS or any proof of certification from the State of California, including an e-mail or a Web site print out must be included.

If you have applied and not yet been formally certified, include the date of application.

Date applied (if not yet certified):

Attachment 2

CCC-307

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO

REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts executed or amended after July 1, 2004, the contractor may elect to offer domestic partner benefits to the contractor’s employees in accordance with Public Contract Code section 10295.3. However, the contractor cannot require an employee to cover the costs of providing any benefits which have otherwise been provided to all employees regardless of marital or domestic partner status.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

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

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

Former State Employees (Pub. Contract Code §10411):

a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

Attachment 3

PROTEST PROCEDURES FOR INVITATION FOR BIDS

1. Notification

a. Five working days before making the award, the CDE will notify the lowest bidder by telephone, fax, overnight courier or personal delivery if the contract will be awarded to another bidder.

b. If prior to the award any bidder files a protest against the awarding of the contract, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

c. Within five working days after filing the protest, the protesting bidder shall file with the Department of General Services a full and complete written statement specifying the grounds for protest plus the “Invitation for Bid” number, the name of the State agency involved and the agency contract officer.

Protests may be sent by regular mail, fax, courier or personal delivery. Protestants should include their fax number if they have one.

2. Grounds for Protest

The lowest responsible bidder meeting the specifications was not awarded the contract.

3. Procedures

Procedures for filing protests under this section are:

a. Disposition of Protests – Following receipt of a protest filed as prescribed, the

Department of General Services shall determine whether the protest is to be resolved by written submission of material or by public hearing. (Title 2, California Code of Regulations, Section 1195, et seq.)

b. Hearing Procedures

(1) A hearing shall be conducted by the Office of Administrative Hearings for resolution pursuant to the applicable statutes and regulations.

(Public Contract Code, Section 10345)

(2) The Office of Administrative Hearings arranges for all hearings to be recorded by a hearing reporter. Any interested party may arrange with the reporter to have a transcript prepared at his or her own costs.

(3) All of the costs of the proceeding will be charged to the CDE.

Attachment 4

STATE OF CALIFORNIA-DEPARTMENT OF FINANCE

PAYEE DATA RECORD

(Required when receiving payment from the State of California in lieu of IRS W-9) STD. 204 (Rev. 6-2003)

INSTRUCTIONS: Complete all information on this form. Sign, date, and return to the State agency (department/office) address shown at the bottom of this page. Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by State agencies to prepare Information Returns (1099). See reverse side for more information and Privacy Statement.

NOTE: Governmental entities, federal, State, and local (including school districts), are not required to submit this form.

PAYEE’S LEGAL BUSINESS NAME (Type or Print)

SOLE PROPRIETOR – ENTER NAME AS SHOWN ON SSN (Last, First, M.I.) E-MAIL ADDRESS

MAILING ADDRESS BUSINESS ADDRESS

CITY, STATE, ZIP CODE CITY,…