DR240071_IFB_Final.pdf

California Department of Education Invitation for Bid (IFB) Fuel Tank Maintenance and Repair

Services DR240071

California School for the Deaf, Riverside Analyst: Contract Analyst – McKinley Carlisle

1430 N Street, Suite 2213 Sacramento, CA 95814

Email: MCarlisle@cde.ca.gov Phone: (916) 445-6826

Mandatory Site Inspection: July 9, 2024 at 10:00 am PDT Bid Due Date: July 18, 2024 at 2:00 pm PDT

Public Bid Opening: July 23, 2024 at 9:00 am PDT Contract Period: November 1, 2024 – October 31, 2025

One-Year Option to Renew: November 1, 2025 – October 31, 2026 One-Year Option to Renew: November 1, 2026 – October 31, 2027

TABLE OF CONTENTS

California Department of Education Invitation for Bid (IFB) Fuel Tank Maintenance and Repair Services DR240071

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. EQUIPMENT/INVENTORY LIST

IV. CONTRACTOR MINIMUM REQUIREMENTS

V. SCHEDULE

VI. PRIOR APPROVAL

VII. HAZARDOUS WASTE

VIII. ANNUAL MAINTENANCE:

IX. REPAIRS AND REPLACEMENT PARTS

X. COORDINATION

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

VIII. GENAI TECHNOLOGY USE & REPORTING

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 37

ATTACHMENT 4 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 5 – SMALL BUSINESS PREFERENCE SHEET

ATTACHMENT 6 – 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 fuel tank maintenance, repairs, and annual vapor recovery testing for the California School for the Deaf, Riverside (CSDR) located at, 3044 Horace Street, Riverside, CA 92506, in accordance with the specifications contained herein this Invitation for Bid (IFB).

It is anticipated that the contract start date will begin approximately on November 1, 2024. 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 July 2, 2024

Mandatory Site Inspection July 9, 2024 at 10:00 am PDT

Bids Due July 18, 2024 at 2:00 pm PDT

Public Bid Opening July 23, 2024 at 9:00 am PDT

Contract Start Date November 1, 2024

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).)

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

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/Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting & Factsheet (STD 1000) to be completed by the Bidder/Offeror/Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting & Factsheet (STD 1000), 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.

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 must possess a valid and current Hazardous Substance Removal (HAZ) Certification as issued by the California Department of Consumer Affairs, Contractors State License Board.

The Contractor must possess a valid and current Commercial Driver’s License (CDL) with a Hazardous Materials (HAZMAT) endorsement to transport waste as issued by the Transportation Security Administration (TSA).

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 McKinley Carlisle, MCarlisle@cde.ca.gov, (916) 445-6826. 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 McKinley Carlisle, MCarlisle@cde.ca.gov, (916) 445-6826.

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, July 9, 2024 at 10:00 am at California School for the Deaf, Riverside at 3044 Horace Street, Riverside CA 92506

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 Inspectionwill not be allowed to participate. Attendees must report to the Front Office. 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 – FUEL TANK 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: McKinley Carlisle – DR240071 – IFB 1430 N Street, Suite 2213 Sacramento, CA 95814

SEALED BID – FUEL TANK 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 July 18, 2024 at 2:00 pm PDT.

The bids will be publicly opened and read on July 23, 2024 at 9:00 am PDT the California Department of Education, Fiscal and Administrative Services Division, 1430 N Street, Suite 2213, Room 2212, 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 – McKinley Carlisle – DR240071 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 Total Combined Cost.

C. Licenses/Certification

The bidder must possess a valid and current Hazardous Substance Removal (HAZ) Certification as issued by the California Department of Consumer Affairs, Contractors State License Board. The bidder must submit a photocopy of their valid and current HAZ certification with their bid package.

The Contractor must possess a valid and current Commercial Driver’s License (CDL) with a Hazardous Materials (HAZMAT) endorsement to transport waste as issued by the Transportation Security Administration (TSA). The bidder must submit a photocopy of their valid and current CDL with HAZMAT endorsement with their bid package.

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 and III.

Workers Compensation:

1. Commercial General Liability, AND

2. Automobile Liability, AND

3. Environmental/Pollution Liability, AND

4. 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. Generative Artificial Intelligence (GenAI) Disclosure and Factsheet (STD 1000)

The STD 1000 form must be completed and submitted with an original signature. See General Information, Article VIII. Generative Artificial Intelligence (GenAI) Disclosure Notification for more information. The STD 1000 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

H. 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.

I. 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.

J. Attachment 4 – California Civil Rights Certification

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

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 total combined cost.

The contract shall be awarded on the basis of the responsive/responsible bidder submitting the lowest average Total Combined Cost for Fuel Tank Maintenance and Repair Services stated on the Contractor’s Bid Forms, Exhibit B.1, B.2, and B.3.

The lowest average Total Combined Cost will be computed by adding the Total Combined Cost 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, license(s), certifications, travel, taxes, transportation, fuel, equipment, and 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 October 31, 2025; however, the CDE may exercise the options to renew for two additional years.

Costs for the first one-year option to renew (November 1, 2025 – October 31, 2026) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.2, contract period November 1, 2025 – October 31, 2026. 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 May 2025.

Costs for the second one-year option to renew (November 1, 2026 – October 31, 2027) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.3, contract period November 1, 2026 – October 31, 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 May 2026.

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 6 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

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

The Contractor shall provide filtration and sediment removal, maintenance, repairs, and the annual vapory recovery test to a dual compartment, two thousand (2,000) gallon tank consisting of one (1) 1,000 gallon above-ground diesel fuel tank and one (1) 1,000 gallon above ground unleaded fuel tank at the California School for the Deaf, Riverside (CSDR), located at 3044 Horace Street, Riverside, CA, 92506, as described herein.

II. CONTRACT MONITORS

The California Department of Education (CDE) assigns Caryn Cooke, ccooke@csdr-cde.ca.gov, (951) 248-7700, 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. EQUIPMENT/INVENTORY LIST

Fuel Tank Description

Quantity Type Underwriter Laboratories

(UL)

Model

Capacity

Dual Compartment above ground

UNLEADED/DIESEL

(G-70-148-A) Hoover

Containment

INC.

LDPD

2000P

1,000 gallons/per compartment

IV. CONTRACTOR MINIMUM REQUIREMENTS

A. The Contractor must possess a valid and current Hazardous Substance Removal (HAZ) Certification as issued by the California Department of Consumer Affairs, Contractors State License Board, at all times during the duration of this contract. The CDE Contract Monitor may request a copy of these documents at any time during the duration of this contract.

B. The Contractor must possess a valid and current Commercial Driver’s License (CDL) with a Hazardous Materials (HAZMAT) endorsement to transport waste as issued by the Transportation Security Administration (TSA) at all times during the duration of this contract. The CDE Contract Monitor may request a copy of these documents at any time during the duration of this contract.

V. SCHEDULE

All services and repairs will be scheduled by the CDE Contract Monitor. All services will be rendered between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday excluding state holidays.

VI. PRIOR APPROVAL

No services or repairs shall be performed without prior submission of a service work order which must be approved and signed by the CDE Contract Monitor.

VII. HAZARDOUS WASTE

All hazardous waste must be disposed of in accordance with all state, federal, and local laws, including but not limited to the Environmental Protection Agency (EPA) Standards, and any other regulatory standards.

VIII. ANNUAL MAINTENANCE:

The Contractor will perform filtration treatment of the dual compartment fuel tank annually. The Contractor will obtain approval on any repairs and/or replacements necessary as a result of the annual maintenance with the CDE Contract Monitor prior to completing the repair and/or replacement. The Contractor will perform the following:

A. Filtration treatment and sediment removal of both DIESEL and UNLEADED fuel compartments.

B. Filtration treatment which will include adding an additive to kill and prevent algae to DIESEL fuel compartment only.

C. Filtration treatment which will include pulling fuel samples from the UNLEADED fuel compartment, replacing the filter, and cleaning internal pump screens.

D. Removal and disposing of fifty (50) gallons of waste as a result of the filtration treatment. All waste must be disposed of properly. See Exhibit A, Article VII, Hazardous Waste for disposal of hazardous waste.

Annual Vapor Recovery Test to comply with Air Quality Management District (AQMD) Rule 461 for Unleaded fuel compartment only. A hard copy and electronic copy of the report must be furnished to the CDE Contract Monitor within forty-eight

(48) hours of completion, before payment will be made.

E. The Contractor will perform an annual inspection of the fuel pumps, belts, hoses, gas boy pump counter clock meter, and repair and/or replace as necessary for both compartments. Any repairs and/or replacements that need to be made to the compartments must be approved by the CDE Contract Monitor prior to the repair and/or replacement being made.

As part of the annual maintenance, the Contractor will perform the following tests for the UNLEADED fuel tank only.

1. Conducting the Vapor Recovery Test on the UNLEADED fuel compartment.

2. Conducting the Pressure Decay Test (TP 201.3) on the UNLEADED fuel compartment.

3. Conducting the Dynamic Back Pressure Test (TP 201.4) Methodology 1 on the

UNLEADED fuel compartment.

4. Conducting the Liquid Removal Test (TP 201.6) on the UNLEADED fuel compartment (if needed).

5. Notifying the AQMD, as least seventy-two (72) hours prior to testing. Such notifications shall include the name of the owner or operator, the name of the Contractor, the location of the facility, and the scheduled start and completion dates.

The Contractor will include the CDE Contract Monitor in the email to AQMD.

6. The test results must be submitted to the AQMD Office of Engineering and Compliance within forty-eight (48) hours of tests. The Contractor will include the CDE Contract Monitor in the email to the AQMD.

IX. REPAIRS AND REPLACEMENT PARTS

The Contractor will perform necessary repairs on the dual compartment tank for the DIESEL and UNLEADED above-ground one thousand (1,000) gallon fuel compartments. The Contractor will obtain approval on any repairs and/or replacements necessary as a result of the annual maintenance with the CDE Contract Monitor prior to completing the repair and/or replacement. Repairs and/or replacements may also be done on an as needed basis, and will include, but not limited to the following:

A. Repairing and/or replacing nozzles and all hoses (Goodyear Coax Venturi) for both compartments.

B. Repairing and/or replacing of Husky Coax Breakaways for both compartments.

C. Repairing and/or replacing V-Belts on both compartments.

D. Repairing and/or replacing the filer and cleaning the internal pump screens on both compartments.

E. Repairing and/or replacing the pressure vent cap valve on the UNLEADED fuel compartment and the rain vent cap on the DIESEL fuel compartment.

F. Repairing and/or replacing of the Gasboy four (4) wheel counter meter for both compartments.

G. Repairing and/or replacing parts, as necessary, to maintain safe and operable fuel compartments and delivery systems.

Upon completion of work, the Contractor must request a final inspection with the CDE Contract Monitor. The Contractor shall guarantee all repairs performed, for a minimum of sixty (60) calendar days from the date of repairs performed. If it is determined that failure resulted due to defective parts or workmanship, the Contractor shall repair the failure at no additional expense to the CDE. Repair work shall occur during normal CDE business hours upon request for repair by the CDE Contract Monitor.

H. All requests for service outside of the regularly scheduled annual maintenance will be billed at the “repair labor rate” set forth in the budget, provided such requests are not the result of prior incomplete or inadequately performed repairs. No overtime hourly rates will be accrued or paid. This agreement only covers minor repair, if authorized by the CDE Contract Monitor prior to repair. Minor repair will be defined as any repair that does not exceed a cost of one-thousand ( $1,000.00) dollars including parts, labor, and shipping.

NOTE: No mileage, travel time, or fuel charges shall be charged for the purpose of traveling from port to port. Hourly charges will begin at arrival time verified at the CSDR by the CDE Contract Monitor.

I. In the event minor repairs are necessary because regularly scheduled annual maintenance cannot keep the equipment in satisfactory operating condition, the Contractor will notify the CDE Contract Monitor to verify it is under warranty, if not the Contractor will submit an itemized cost estimate to the CDE Contract Monitor.

The Contractor will not be guaranteed repair work. Such work, if authorized, will be in addition to the regular maintenance charges.

J. The CDE Contract Monitor has the authority to request an estimate prior to authorizing any services.

K. Additional repairs and parts beyond general service must have prior specific authorization by the CDE Contract Monitor before any work is done and/or part are purchased and installed.

L. The charges for parts and materials shall not exceed the Contractor’s wholesale costs: excluding tax, plus thirty (30%) percent, i.e., $100.00 parts cost x 30% x 8.75% sales tax = $144.38. Original manufacturer parts and materials are preferred to be used. If original manufacturer parts are unattainable, the CDE Contract Monitor will decide an appropriate resolution. Replaced parts shall be left at the location for state inspection. All work shall be guaranteed for a reasonable period of time and costs for recalls shall be borne by the Contractor. A receipt is required for parts that exceed $300.00.

M. All repairs/work shall be conducted at the CSDR campus.

X. COORDINATION

A. The Contractor is to be advised that all employees working on site are required to sign in at the Front Office. All visitors must show a valid Driver’s License or state issued Identification Card to be permitted on campus. Each of the Contractor’s employees are to sign in daily when on state property. The Contractor will be issued a visitor’s badge which must be worn at all times, while on CSDR’s campus.

B. The CDE Contract Monitor or designee will accompany the Contractor at all times while on campus.

C. The Contractor shall be aware that work under this contract may take place during the regular school semester. During the school year, students and staff will occupy most buildings. In addition, the Contractor should keep in mind students at various times during the day make their way throughout the campus unescorted. The Contractor shall keep all paths of travel clear of debris and equipment.

D. The Contractor shall be aware of and follow all health and safety laws and policies set forth by federal, state, and local government, as well as policies prescribed by the CSDR.

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.

Invoices shall include the Agreement Number DR240071 and shall be submitted in arrears, not more frequently than monthly in duplicate to:

California Department of Education California School for the Deaf, Riverside Attention: Accounting Office 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

Fuel Tank Maintenance and Repair Services – DR240071

Contract Period: November 1, 2024 – October 31, 2025

The undersigned Contractor hereby proposes to furnish: all labor, material, license(s), certifications, travel, taxes, transportation, fuel, equipment, and any other overhead expenses necessary to perform all the work required for fuel tank maintenance, repairs, and the annual vapory recovery testing in accordance with the terms and conditions contained herein:

DESCRIPTION OF

SERVICES

RATE QUANTITY TOTAL

Annual Maintenance – Including Vapor Recovery Test

$__________/per occurrence

X 1 $____________

2 Repairs – Labor $__________/per hour X 40 Hours* $____________

3 Parts Allowance $7,000.00** As Needed $7,000.00**

Total Combined Cost (add lines 1 through 3 above) $_____________

*Amount of hours is an estimate only. CDE reserves the right to increase or decrease the hours as necessary.

**Amount for parts is an estimate only. CDE reserves the right to increase or decrease the amount for parts as necessary.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

License #:____________________________________________________________

Federal ID #:__________________________________________________________

Questions regarding completion of this form should be brought to the attention of: McKinley Carlisle, by email at mcarlisle@cde.ca.gov, or by phone at (916) 445-6826

EXHIBIT B.2 -- CONTRACTOR’S BID FORMS

Fuel Tank Maintenance and Repair Services – DR240071

Contract Period: November 1, 2025 – October 31, 2026

The undersigned Contractor hereby proposes to furnish: all labor, material, license(s), certifications, travel, taxes, transportation, fuel, equipment, and any other overhead expenses

RATE QUANTITY TOTAL

Annual Maintenance – Including Vapor Recovery Test

$__________/per occurrence

X 1 $____________

2 Repairs – Labor $__________/per hour X 40 Hours* $____________

3 Parts Allowance $7,000.00** As Needed $7,000.00**

Total Combined Cost (add lines 1 through 3 above) $_____________

*Amount of hours is an estimate only. CDE reserves the right to increase or decrease the hours as necessary.

**Amount for parts is an estimate only. CDE reserves the right to increase or decrease the amount for parts as necessary.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

License #:____________________________________________________________

Federal ID #:__________________________________________________________

EXHIBIT B.3 -- CONTRACTOR’S BID FORMS

Fuel Tank Maintenance and Repair Services – DR240071

Contract Period: November 1, 2026 – October 31, 2027

The undersigned Contractor hereby proposes to furnish: all labor, material, license(s), certifications, travel, taxes, transportation, fuel, equipment, and any other overhead expenses

RATE QUANTITY TOTAL

Annual Maintenance – Including Vapor Recovery Test

$__________/per occurrence

X 1 $____________

2 Repairs – Labor $__________/per hour X 40 Hours* $____________

3 Parts Allowance $7,000.00** As Needed $7,000.00**

Total Combined Cost (add lines 1 through 3 above) $_____________

*Amount of hours is an estimate only. CDE reserves the right to increase or decrease the hours as necessary.

**Amount for parts is an estimate only. CDE reserves the right to increase or decrease the amount for parts as necessary.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

License #:____________________________________________________________

Federal ID #:__________________________________________________________

EXHIBIT C – GENERAL TERMS AND CONDITIONS

GTC 04/2017 will be incorporated by reference and made part of this Agreement. The GTC 04/2017 document can be viewed at https://www.dgs.ca.gov/OLS/Resources/Standard-Contract- Language

EXHIBIT D – SPECIAL TERMS & CONDITIONS

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. TERMINATION FOR 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. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. 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 rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

III. 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.

IV. LOSS LEADER

It is…